HomeMy WebLinkAboutOrdinance 6519Ordinance: 6519
File Number 2021-1027
Proposed fire apparatus access roads shall meet requirements as stated by the applicable
fire codes.
6. A traffic impact study (TIS) shall be provided at the time of development proposal.
7. A statement from an environmental professional regarding the presence of wetlands must
be provided at the time of development proposal.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to
reflect the zoning criteria change provided in Section 1 above.
PASSED and APPROVED on 1/18/2022
Attest:
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Kara Paxton, City Clerk Treasurer F,q Y
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Page 2 Printed on 1119122
PZD-2021-000005
Close Up View
The Retreat at Fayetteville
PZD-2021-000(
EXHIBIT 'A'
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NORTH
Regional Link - High Activity
Hillside -Hilltop Overlay District
Planning Area
L - I Fayetteville City Limits
— — Shared -Use Paved Trail
Feet
0 75 150 300 450 600
1 inch = 200 feet
RMF-24
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
Residential -Office
Urban Thoroughfare
r Commercial, Industrial, Residential
• - - Trail (Proposed)
PZD-2021-000005
EXHIBIT'B'
LEGAL DESCRIPTION:
PARCEL #765-14830-000 & PORTION OF PARCEL #765-14833-000 EAST OF THE RAILROAD RIGHT-
OF-WAY:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP
16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N87022'50"W 1318.36', THENCE 502-44'10"W 531.02',
THENCE 587*22'50"E 60.56' TO A POINT ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112, AS PER
THE AHTD RIGHT-OF-WAY PLANS FOR JOB #040399, MARKING THE TRUE POINT OF BEGINNING,
AND RUNNING THENCE 587o22'50"E 762.80' TO AN EXISTING REBAR, THENCE S02°39'40"W
787.15' TO AN EXISTING REBAR, THENCE N87-28'50"W 597.01' TO A POINT ON THE EAST RIGHT-
OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD RIGHT-OF-WAY, AS PER A
WARRANTY DEED FILED IN BOOK 100 AT PAGES 22-24 IN THE RECORDS OF THE CIRCUIT CLERK
OF WASHINGTON COUNTY, THENCE ALONG SAID EAST RIGHT-OF-WAY THE FOLLOWING:
N32'13'50"W 34.98', ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1091.65, FOR A
CHORD BEARING AND DISTANCE OF N23`22'53"W 271.42', N15`26'03"W 170.52', ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1207.16' FOR A CHORD BEARING AND DISTANCE OF
N16*46'11"W 85.68' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT AT THE
INTERSECTION OF SAID EAST RAILROAD RIGHT-OF-WAY AND THE EAST RIGHT-OF-WAY OF SAID
HIGHWAY #112, THENCE LEAVING SAID EAST RAILROAD RIGHT-OF-WAY ALONG SAID EAST
HIGHWAY RIGHT-OF-WAY THE FOLLOWING: N26'54'19"E 93.76' TO AN EXISTING AHTD
ALUMINUM RIGHT-OF-WAY MONUMENT, N13-55'39"E 96.41' TO AN EXISTING AHTD
ALUMINUM RIGHT-OF-WAY MONUMENT, N01-07'29"E 92.63' TO THE POINT OF BEGINNING,
CONTAINING 13.40 ACRES, MORE OR LESS.
AND ALSO: THE PORTION OF PARCEL #765-14833-000 LYING WEST OF THE RIGHT-OF-WAY OF
THE SANTA FE PACIFIC CORPORATION RAILROAD, BEING A PART OF A SIX ACRE TRACT IN THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER
OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87`22'50"W 1318.36', THENCE
S02°44'10"W 531.02', THENCE 587-22'50"E 823.36' TO AN EXISTING REBAR, THENCE
502039'40"W 787.15' TO AN EXISTING REBAR, THENCE N87°28'50"W 717.08' TO A POINT ON THE
WEST RIGHT-OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD RIGHT-OF-WAY, AS
PER A WARRANTY DEED FILED IN BOOK 100 AT PAGES 22-24 IN THE RECORDS OF THE CIRCUIT
CLERK OF WASHINGTON COUNTY, MARKING THE TRUE POINT OF BEGINNING, AND RUNNING
THENCE N87'28'50"W 108.29' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT
ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112 MARKING THE SOUTHWEST CORNER OF SAID
FORTY ACRE TRACT, AS PER THE AHTD RIGHT-OF-WAY PLANS FOR JOB #040399, THENCE ALONG
SAID RIGHT-OF-WAY NO2'45'14"E 224.24' TO THE INTERSECTION OF SAID EAST HIGHWAY RIGHT-
OF-WAY AND SAID WEST RAILROAD RIGHT-OF-WAY, THENCE LEAVING SAID EAST HIGHWAY
RIGHT-OF-WAY ALONG SAID WEST RAILROAD RIGHT-OF-WAY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 1191.65' FOR A CHORD BEARING AND DISTANCE OF S23'04105"E 248.62,
TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS -OF -WAY OF RECORD. THE ABOVE DESCRIBED TRACT CONTAINING IN
AGGREGATE 13.65 ACRES, MORE OR LESS.
PZD-2021-000005
EXHIBIT 'C'
Conditions of Approval:
1. Revise the PZD booklet and plans to reflect the following:
a. Revise the booklet to clarify acreage for each Planning Area;
2. Parkland dedication must be reviewed by PRAB with the associated development;
3. Any proposed lots without frontage shall provide adequate access for water, sewer, and
emergency services;
4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for
Residential Link Streets; additional variances may be needed for alternative street
sections;
5. Proposed fire apparatus access roads shall meet requirements as stated by all
applicable fire codes;
6. Traffic Impact Study (TIS) shall be provided at the time of development proposal;
7. A statement from an environmental professional regarding the presence of wetlands
must be provided at the time of development proposal.
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Planning Commission
Kit Williams
City Attorney
Blake Pennington
Assistmit City Attorney
CC: Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
Ryan Umberger, Senior Planner
FROM: Blake Pennington, Assistant City Attorne T_
DATE: December 8, 2021
Jodi Batker
paralq 1t
RE: Requirements for Planned Zoning District applications and factors
that may be considered by the Planning Commission
Regulations governing Planned Zoning Districts are found in § 161.35 of
the Unified Development Code.
PURPOSE OF PLANNED ZONING DISTRICTS
§ 161.35(B) provides that "[t]he intent of the Planned Zoning District is to
permit and encourage comprehensively planned zoning and development
whose purpose is redevelopment, economic development, cultural
enrichment or to provide a single -purpose or mixed -use planned
development...
As you can see, the City Council's policy is that PZDs do not have to
contain mixed uses and single -purpose PZDs should not be denied _solely
because they are single -purpose.
REQUIREMENTS FOR PZD APPLICATIONS
To be considered for rezoning to a PZD, § 161.35(A) of the UDC says an
applicant must meet the following requirements: 1) the land must be
i
within the city limits (or associated with a concurrent annexation request);
and 2) there shall be no minimum or maximum tract size for a PZD
application.
The PZD application itself must contain, at a minimum, the following self -
designed zoning regulations:
• "[Z]oning standards and a specific master plan." § 161.35(C)(1)
• The use units from Chapter 162 the applicant wishes to apply to
the property. § 161.35(C)(2)
Density limitations for residential areas. § 161.35(C)(3)
• Provisions regarding building setbacks. § 161.35(C)(4)
• Provisions regarding building height. § 161.35(C)(5)
• Provisions regarding building areas/lot coverage. § 161.35(C)(6)
The UDC does not require an applicant to include elevations or site plans,
although these are often included and incorporated into the final PZD
booklet. Even though a condition is usually added requiring the developer
to generally comply with the designs and elevations they have submitted,
these designs will undergo a thorough review later when development
plans are submitted to ensure compliance with the UDC's minimum
requirements - including Urban Residential Design Standards and other
design requirements that may be applicable to the project.
SUMMARY OF GENERAL CONSIDERATIONS
FOR A REZONING REQUEST
The Planning Commission and City Council may legally consider the
following factors in all rezoning applications:
1. Compatibility with adjacent zones (avoiding spot zoning)
2. Public opposition that is logical and reasonable
3. Traffic (safety and congestion)
4. Safety and Fire protection
5. Good civic design and efficiency
6. Adequacy of public facilities (sewage, water, streets)
7. Noise
8. Litter
9. Decrease in value of adjoining land
10. Appropriate and best use of land
11. City's need or lack of need for more land to be zoned as
requested
12. City Plan 2040 objectives
The 12th factor to be considered is the City Plan 2040 objectives. It is
obviously only one of many legal rezoning considerations and should not
be over emphasized to trump other rezoning factors. Other sub -factors,
such as the infill score, exist within City Plan 2040 and, while those are
helpful tools, the Planning Commission should not totally rely on any one
factor.
"A land use plan is meant to be just that - a plan. It is not to be
legally binding on the city. Even Mr. Castin, a witness for
appellant, views the purpose of a development plan as being
one for serving as a guideline and not to be binding." Taylor v.
City of Little Rock, 266 384,583 S.W.2d 72, 73 (1979).
The primary rezoning consideration is compatibility with neighboring
parcels; however, all the other zoning factors should be considered, if
relevant including the PZD factors adopted by the City Council described
below.
SPECIFIC CONSIDERATIONS
FOR PZD APPLICATIONS
§ 161.35(B) provides that the City Council (and, therefore, the Planning
Commission) may consider any of the following factors in review of a
Planned Zoning District application":
(1) Flexibility. Providing for flexibility in the distribution of land uses,
in the density of development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding
land uses.
Q
(3) Harmony. Providing for an orderly and creative arrangement of
land uses that are harmonious and beneficial to the community.
(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) Future Land Use Plan. Comprehensive and innovative planning
and design of mixed use yet harmonious developments consistent
with the guiding policies of the Future Land Use Plan.
(10) Special Features. Better utilization of sites characterized by
special features of geographic location, topography, size or shape.
(11) Recognized Zoning Consideration. Whether any other
recognized zoning consideration would be violated in this PZD.
The Planning Commission should not expect an applicant to satisfy every
single factor as though this is a checklist. These factors, along with the
general considerations summarized above, may be considered if relevant to
the application before you.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-1027
Agenda Date: 1/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RPZD-2021-005 (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE):
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED
R-PZD 2021-0005 FOR APPROXIMATELY 13.65 ACRES LOCATED AT 1032 SOUTH
RAZORBACK ROAD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD 2021-0005 as
described in Exhibits "A", `B", and "C" attached to the Planning Division's Agenda Memo which allows the
development of 10.04 acres for 16 multi -family units and 3.61 acres for tree preservation, detention, and
outdoor recreation.
Section 2: This R-PZD approval is subject to the following conditions as set forth in Exhibit "C":
1. Revise the PZD booklet and plans to clarify the acreage for each planning area.
2. Parkland dedication must be reviewed by the Parks and Recreation Advisory Board with the
associated development.
3. Any proposed lots without frontage shall provide adequate access for water, sewer, and
emergency services.
4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link
Streets; additional variances may be needed for alternative street sections.
5. Proposed fire apparatus access roads shall meet requirements as stated by the applicable fire
codes.
6. A traffic impact study (TIS) shall be provided at the time of development proposal.
7. A statement from an environmental professional regarding the presence of wetlands must be
provided at the time of development proposal.
City of Fayetteville, Arkansas Page 1 Printed on 111912022
File Number: 2021-1027
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the
zoning criteria change provided in Section 1 above.
City of Fayetteville, Arkansas Page 2 Printed on 111912022
City of Fayetteville Staff Review Form
2021-1027
Legistar File ID
1/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 12/17/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RPZD-2021-000005: Residential Planned Zoning District (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE,
560): Submitted by BATES & ASSOCIATES, INC. for property located at 1032 S. RAZORBACK RD. The property is
zoned 1-1, LIGHT INDUSTRIAL & HEAVY COMMERCIAL and contains approximately 13.65 acres. The request is to
rezone the properties to RPZD, RESIDENTIAL PLANNED ZONING DISTRICT.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 4, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: December 17, 2021
CITY COUNCIL MEMO
SUBJECT: RPZD-2021-000005: Residential Planned Zoning District (1032 S.
RAZORBACK RD./THE RETREAT AT FAYETTEVILLE, 560): Submitted by
BATES & ASSOCIATES, INC. for property located at 1032 S. RAZORBACK RD.
The property is zoned 1-1, LIGHT INDUSTRIAL & HEAVY COMMERCIAL and
contains approximately 13.65 acres. The request is to rezone the properties to
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT.
RECOMMENDATION:
City staff and Planning Commission recommend approval of RPZD-2021-000004 as shown in the
attached Exhibits `A', `B', and `C'.
Upon further consideration of the language in Exhibit `C' staff proposes amending the language
of condition #7 to, "A statement from an environmental professional regarding the presence of
wetlands will be evaluated at the time of a development proposal." in order to more accurately
reflect the condition of hydric soils on site.
BACKGROUND:
The subject property is in south Fayetteville, east of Razorback Road, and roughly 800 feet south
of its intersection with W. Martin Luther King Jr. Boulevard. The subject property is composed of
two parcels that encompass approximately 13.65 acres. The site is largely undeveloped with the
exception of a large storage building near its frontage. The Santa Fe Pacific Corporation has a
railroad that runs through the southwest corner of the property. Significant vegetation is present
throughout most of the site with the exception of the area developed with the storage facility and
where overhead power lines are present near the southeast corner of the property. In addition to
the tree canopy, the area is on the west slope of a hill where grades exceed 14%. Roughly 2.7
acres of the property fall within the Hilltop Hillside Overlay District, largely near the crest of the
hill.
Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District
with two planning areas, described as follows:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Planning Area #1 — 10.04 acres: This planning area is intended for multi -family
residential development. The area would be developed with 16 multi -family buildings, a
clubhouse/leasing office, and four story parking structure. A total of 142 units are proposed
to be located on 10.04 acres for a total density of 10.4 units per acre. Use Units 1 — City-
wide uses by right, 12a — Limited business, 12b — General business, and 26 Multi -family
dwellings are permitted by -right, Use Unit 2 — City-wide uses by conditional use permit is
allowed by conditional use permit. Setbacks include a front build -to zone 0-25 feet inside
front property lines, side setbacks of 8 feet, and rear setbacks of 10 feet. The applicant
proposes bulk and area regulations including a lot width minimum of 70 feet, lot area
minimum of 7,000 square feet, and 4,000 square feet of land area per dwelling unit. Also
proposed is a maximum building height of five stories with stepback requirements that limit
portions of the building within 10 feet of the public right-of-way to two stories and portions
10-20 feet to three stories. Buildings cannot exceed 50% of the total lot area, not including
driveways or paving.
Planning Area #2 — 3.61 acres: This planning area is intended to be designated for tree
preservation, detention, and outdoor recreation. Use Unit 1 is the only by -right use
proposed and Use Unit 2 would be permitted by conditional use permit. Setbacks are
proposed to be 35 feet for front property lines, 20 feet on the sides, and 35 feet in the rear.
Structures in Planning Area 2 are limited to 25 feet in height and buildings cannot exceed
50% of the total lot area, not including driveways or paving.
The stated purpose of the request is to allow for the development of five -bedroom units to meet
the market demands for the development while minimizing impact to the site.
Land Use Compatibility: Staff finds that the proposal is generally compatible with surrounding land
uses. The area is largely undeveloped to the north and south of the property with the exception
of a university -owned parking lot. Multi -family residences flank the subject area to the east and
west, though there is a major thoroughfare and significant terrain between those developments.
Roughly 2.7 acres of the subject property falls within the Hillside Hilltop Overlay District (HHOD)
which indicates a level of sensitivity should be maintained as the site is developed. Accordingly,
the applicant proposes tree preservation areas for areas along the east and south property lines,
where much of the HHOD is present. To the east a stub out of W. Stadium Drive extends to the
property line which the applicant proposes to tie into and create a connection to S. Razorback
Road. A 10-foot-wide side -path trail is present along the property's frontage which connects to
the Tsa-La-Gi trail, providing access to the regional trail network. Bus stops for both transit
operators are located within a '/2 mile of the subject property which would allow future residents
to access the city by non -vehicular means.
Land Use Plan Analysis: Staff finds that the request is mostly consistent with the Future Land Use
Map designation for the area and the City's adopted land use policies. The Future Land Use Map
(FLUM) designates the area as a City Neighborhood Area which encourage dense, mixed -use
development. Though the Planned Zoning District would only allow residential uses by -right, the
property's proximity to the University of Arkansas and businesses along W. Martin Luther King Jr.
Boulevard support staff's opinion that dense residential development is appropriate at this
location. When considering if the development meets the goals in City Plan 2040 staff finds the
proposal to be mixed. The infill score for this site is moderate to high, which is consistent with
Goal #1 in City Plan 2040 which is to make infill development a priority. Conversely, the lack of
integrated commercial or mixed use planning areas run counter to Goal #3, to make compact and
connected development the standard. Staff finds, though, the absence of mixed uses in this case
is largely offset by the proximity to the existing commercial development along W. Martin Luther
King Jr. Boulevard. Regarding the Enduring Green Network, no part of this property falls within
the designation. That being said, the PZD zoning includes a higher standard for tree preservation
that the existing industrial designation. Combined with the HHOD, portions of this property will be
required to preserve up to 30% tree canopy where currently only 15% is required outside of the
HHOD.
On the balance of considerations, staff finds the proposed PZD to be compatible and consistent
with existing land uses and adopted land use plans.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the
subject property, ranging from 5-9. The elements vary by the area of the property being
considered, and include the following:
• Adequate Fire Response
• Near Sanitary Sewer Main (8-inch main along S. Razorback Road)
• Near Water Main (8-inch main along S. Razorback Road & 6-inch main along W. Stadium
Drive)
• Near Public School (Fayetteville High School)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near Public Park (World Peace Wetland Prairie)
• Near Razorback Bus Stop (Route 48)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the November 8, 2021 Planning Commission meeting, the item was tabled by the Planning
Commission until the meeting scheduled for November 22nd. Commissioners requested that the
applicant revise the PZD packet to provide more details on building elevations and the parking
deck, along with elements that may create a more compatible request. In the intervening time the
applicant included additional detail on architectural features, by -right non-residential uses in
Planning Area 1, on -site amenities for residents.
At the November 22, 2021 Planning Commission meeting, the item was tabled by the Planning
Commission until the meeting scheduled for December 13th. Commissioners requested that the
applicant revise the PZD packet to provide elevations for the clubhouse/parking deck, detail on
the proposal's amenities, topography and retaining wall locations/height, additional variation in
housing types, and integration of non-residential uses. The applicant revised the document to
include revised elevations and the location of retaining walls on the plat.
At the December 13, 2021 Planning Commission meeting voted to forward the item to City Council
with a recommendation of approval with a vote of 8-0-0. Commissioner Belden made the motion
and Commissioner Garlock seconded. Commissioners appreciated the incorporation of
commercial uses into the development and suggested the revised elevations ensured the
development met a PZD consideration for good civic design and efficiency. No public comment
was offered at each of the three Planning Commission meetings.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Exhibit C
• City Attorney's Memo
• Planning Commission Staff Report with RPZD Booklet
0
LEGAL DESCRIPTION:
PARCEL #765-14830-000 & PORTION OF PARCEL #765-14833-000 EAST OF THE RAILROAD RIGHT-
OF-WAY:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP
16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N87°22'50"W 1318.36', THENCE S02°44'10"W 531.02',
THENCE S87°22'50"E 60.56' TO A POINT ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112, AS PER
THE AHTD RIGHT-OF-WAY PLANS FOR JOB #040399, MARKING THE TRUE POINT OF BEGINNING,
AND RUNNING THENCE S87°22'50"E 762.80' TO AN EXISTING REBAR, THENCE S02°39'40"W
787.15' TO AN EXISTING REBAR, THENCE N87°28'50"W 597.01' TO A POINT ON THE EAST RIGHT-
OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD RIGHT-OF-WAY, AS PER A
WARRANTY DEED FILED IN BOOK 100 AT PAGES 22-24 IN THE RECORDS OF THE CIRCUIT CLERK
OF WASHINGTON COUNTY, THENCE ALONG SAID EAST RIGHT-OF-WAY THE FOLLOWING:
N32°13'50"W 34.98', ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1091.65' FOR A
CHORD BEARING AND DISTANCE OF N23°22'53"W 271.42', N15°26'03"W 170.52', ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1207.16' FOR A CHORD BEARING AND DISTANCE OF
N16°46'11"W 85.68' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT AT THE
INTERSECTION OF SAID EAST RAILROAD RIGHT-OF-WAY AND THE EAST RIGHT-OF-WAY OF SAID
HIGHWAY #112, THENCE LEAVING SAID EAST RAILROAD RIGHT-OF-WAY ALONG SAID EAST
HIGHWAY RIGHT-OF-WAY THE FOLLOWING: N26°54'19"E 93.76' TO AN EXISTING AHTD
ALUMINUM RIGHT-OF-WAY MONUMENT, N13°55'39"E 96.41' TO AN EXISTING AHTD
ALUMINUM RIGHT-OF-WAY MONUMENT, N01°07'29"E 92.63' TO THE POINT OF BEGINNING,
CONTAINING 13.40 ACRES, MORE OR LESS.
AND ALSO: THE PORTION OF PARCEL #765-14833-000 LYING WEST OF THE RIGHT-OF-WAY OF
THE SANTA FE PACIFIC CORPORATION RAILROAD, BEING A PART OF A SIX ACRE TRACT IN THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER
OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87°22'50"W 1318.36', THENCE
S02°44'10"W 531.02', THENCE S87°22'50"E 823.36' TO AN EXISTING REBAR, THENCE
S02°39'40"W 787.15' TO AN EXISTING REBAR, THENCE N87°28'50"W 717.08' TO A POINT ON THE
WEST RIGHT-OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD RIGHT-OF-WAY, AS
PER A WARRANTY DEED FILED IN BOOK 100 AT PAGES 22-24 IN THE RECORDS OF THE CIRCUIT
CLERK OF WASHINGTON COUNTY, MARKING THE TRUE POINT OF BEGINNING, AND RUNNING
THENCE N87°28'50"W 108.29' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT
ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112 MARKING THE SOUTHWEST CORNER OF SAID
FORTY ACRE TRACT, AS PER THE AHTD RIGHT-OF-WAY PLANS FOR JOB #040399, THENCE ALONG
SAID RIGHT-OF-WAY NO2°45'14"E 224.24' TO THE INTERSECTION OF SAID EAST HIGHWAY RIGHT-
OF-WAY AND SAID WEST RAILROAD RIGHT-OF-WAY, THENCE LEAVING SAID EAST HIGHWAY
RIGHT-OF-WAY ALONG SAID WEST RAILROAD RIGHT-OF-WAY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 1191.65' FOR A CHORD BEARING AND DISTANCE OF S23°04105"E 248.62,
TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS -OF -WAY OF RECORD. THE ABOVE DESCRIBED TRACT CONTAINING IN
AGGREGATE 13.65 ACRES, MORE OR LESS.
Conditions of Approval:
1. Revise the PZD booklet and plans to reflect the following:
a. Revise the booklet to clarify acreage for each Planning Area;
2. Parkland dedication must be reviewed by PRAB with the associated development;
3. Any proposed lots without frontage shall provide adequate access for water, sewer, and
emergency services;
4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for
Residential Link Streets; additional variances may be needed for alternative street
sections;
5. Proposed fire apparatus access roads shall meet requirements as stated by all
applicable fire codes;
6. Traffic Impact Study (TIS) shall be provided at the time of development proposal;
7. A statement from an environmental professional regarding the presence of wetlands
must be provided at the time of development proposal.
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Planning Commission
CC: Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
Ryan Umberger, Senior Planner
FROM: Blake Pennington, Assistant City Attorne
DATE: December 8, 2021
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Requirements for Planned Zoning District applications and factors
that may be considered by the Planning Commission
Regulations governing Planned Zoning Districts are found in § 161.35 of
the Unified Development Code.
PURPOSE OF PLANNED ZONING DISTRICTS
§ 161.35(B) provides that "[t]he intent of the Planned Zoning District is to
permit and encourage comprehensively planned zoning and development
whose purpose is redevelopment, economic development, cultural
enrichment or to provide a single -purpose or mixed -use planned
development...
As you can see, the City Council's policy is that PZDs do not have to
contain mixed uses and single -purpose PZDs should not be denied solely
because they are single -purpose.
REQUIREMENTS FOR PZD APPLICATIONS
To be considered for rezoning to a PZD, § 161.35(A) of the UDC says an
applicant must meet the following requirements: 1) the land must be
I
within the city limits (or associated with a concurrent annexation request);
and 2) there shall be no minimum or maximum tract size for a PZD
application.
The PZD application itself must contain, at a minimum, the following self -
designed zoning regulations:
• "[Z]oning standards and a specific master plan." § 161.35(C)(1)
• The use units from Chapter 162 the applicant wishes to apply to
the property. § 161.35(C)(2)
• Density limitations for residential areas. § 161.35(C)(3)
• Provisions regarding building setbacks. § 161.35(C)(4)
• Provisions regarding building height. § 161.35(C)(5)
• Provisions regarding building areas/ lot coverage. § 161.35(C) (6)
The UDC does not require an applicant to include elevations or site plans,
although these are often included and incorporated into the final PZD
booklet. Even though a condition is usually added requiring the developer
to generally comply with the designs and elevations they have submitted,
these designs will undergo a thorough review later when development
plans are submitted to ensure compliance with the UDC's minimum
requirements - including Urban Residential Design Standards and other
design requirements that may be applicable to the project.
SUMMARY OF GENERAL CONSIDERATIONS
FOR A REZONING REQUEST
The Planning Commission and City Council may legally consider the
following factors in all rezoning applications:
1. Compatibility with adjacent zones (avoiding spot zoning)
2. Public opposition that is logical and reasonable
3. Traffic (safety and congestion)
4. Safety and Fire protection
5. Good civic design and efficiency
6. Adequacy of public facilities (sewage, water, streets)
7. Noise
8. Litter
9. Decrease in value of adjoining land
10. Appropriate and best use of land
11. City's need or lack of need for more land to be zoned as
requested
12. City Plan 2040 objectives
The 12thfactor to be considered is the City Plan 2040 objectives. It is
obviously only one of many legal rezoning considerations and should not
be over emphasized to trump other rezoning factors. Other sub -factors,
such as the infill score, exist within City Plan 2040 and, while those are
helpful tools, the Planning Commission should not totally rely on any one
factor.
"A land use plan is meant to be just that - a plan. It is not to be
legally binding on the city. Even Mr. Castin, a witness for
appellant, views the purpose of a development plan as being
one for serving as a guideline and not to be binding." Taylor v.
City of Little Rock, 266 384,583 S.W.2d 72, 73 (1979).
The primary rezoning consideration is compatxbilify with neighboring
parcels however, all the other zoning factors should be considered, if
relevant including the PZD factors adopted by the City Council described
below.
SPECIFIC CONSIDERATIONS
FOR PZD APPLICATIONS
§ 161.35(B) provides that the City Council (and, therefore, the Planning
Commission) may consider any of the following factors in review of a
Planned Zoning District application":
(1) Flexibility. Providing for flexibility in the distribution of land uses,
in the density of development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding
land uses.
I
(3) Harmony. Providing for an orderly and creative arrangement of
land uses that are harmonious and beneficial to the community.
(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) Future Land Use Plan. Comprehensive and innovative planning
and design of mixed use yet harmonious developments consistent
with the guiding policies of the Future Land Use Plan.
(10) Special Features. Better utilization of sites characterized by
special features of geographic location, topography, size or shape.
(11) Recognized Zoning Consideration. Whether any other
recognized zoning consideration would be violated in this PZD.
The Planning Commission should not expect an applicant to satisfy every
single factor as though this is a checklist. These factors, along with the
general considerations summarized above, may be considered if relevant to
the application before you.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Services Director
FROM: Ryan Umberger, Senior Planner
MEETING: December 13, 2021
SUBJECT: RPZD-2021-000005: Residential Planned Zoning District (1032 S.
RAZORBACK RD./THE RETREAT AT FAYETTEVILLE, 560): Submitted by
BATES & ASSOCIATES, INC. for property located at 1032 S. RAZORBACK RD.
The property is zoned 1-1, LIGHT INDUSTRIAL & HEAVY COMMERCIAL and
contains approximately 13.65 acres. The request is to rezone the properties to
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT.
RECOMMENDATION:
Staff recommends forwarding PZD-2021-000005 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward PZD-2021-000005 to City Council with a recommendation of approval, with
conditions as outlined by staff."
NOVEMBER 8, 2021 PLANNING COMMISSION MEETING:
On November 8t", the item was tabled by the Planning Commission until the meeting
scheduled for November 22"d. Commissioners requested that the applicant revise the PZD
packet to provide more details on building elevations and the parking deck, along with
elements that may create a more compatible request. In the intervening weeks the
applicant revised the document to include:
Additional detail on architectural features;
Non-residential uses in Planning Area 1; and
Amenities for residents
NOVEMBER 22, 2021 PLANNING COMMISSION MEETING:
On November 22"d, the item was tabled by the Planning Commission until the meeting
scheduled for December 13t". Commissioners requested that the applicant revise the PZD
packet to provide elevations for the clubhouse/parking deck, detail on the proposal's
amenities, topography and retaining wall locations/height, additional variation in housing
types, and integration of non-residential uses. The applicant revised the document to
include:
• Revised elevations
• Retaining wall locations
BACKGROUND:
The subject property is in south Fayetteville, east of Razorback Road, and roughly 800 feet south
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 1 of 40
of its intersection with W. Martin Luther King Jr. Boulevard. The subject property is composed of
two parcels that encompass approximately 13.65 acres. The site is largely undeveloped with the
exception of a large storage building near its frontage. The Santa Fe Pacific Corporation has a
railroad that runs through the southwest corner of the property. Significant vegetation is present
throughout most of the site with the exception of the area developed with the storage facility and
where overhead power lines are present near the southeast corner of the property. In addition to
the tree canopy, the area is on the west slope of a hill where grades exceed 14%. Roughly 2.7
acres of the property fall within the Hilltop Hillside Overlay District, largely near the crest of the
hill. Surrounding land uses and zoning is depicted in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
RMF-24, Residential Multi -family, 24 Units per Acre
South
Baum Walker Stadium
1-2, General Industrial; RMF-24, Residential Multi-
Parking/Undeveloped
family, 24 Units per Acre
East
The Vue Apartments
RMF-24, Residential Multi -family, 24 Units per Acre
CPZD, Commercial Planned Zoning District; 1-1,
West
Retail/Multi-family Residential
Light Industrial and Heavy Commercial; UT, Urban
Thoroughfare
Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District
with two planning areas, described as follows:
Planning Area #1 — 10.04 acres: This planning area is intended for multi -family
residential development. The area would be developed with 16 multi -family buildings, a
clubhouse/leasing office, and four story parking structure. A total of 142 units are proposed
to be located on 10.04 acres for a total density of 10.4 units per acre. Use Units 1, 12a,
12b, and 26 are permitted by -right, Use Unit 2 is allowed by conditional use permit.
Setbacks include a front build -to zone 0-25 feet inside front property lines, side setbacks
of 8 feet, and rear setbacks of 10 feet. The applicant proposes bulk and area regulations
including a lot width minimum of 70 feet, lot area minimum of 7,000 square feet, and 4,000
square feet of land area per dwelling unit. Also proposed is a maximum building height of
five stories with stepback requirements that limit portions of the building within 10 feet of
the public right-of-way to two stories and portions 10-20 feet to three stories. Buildings
cannot exceed 50% of the total lot area, not including driveways or paving.
Planning Area #2 — 3.61 acres: This planning area is intended to be designated for tree
preservation, detention, and outdoor recreation. Use Unit 1 is the only by -right use
proposed and Use Unit 2 would be permitted by conditional use permit. Setbacks are
proposed to be 35 feet for front property lines, 20 feet on the sides, and 35 feet in the rear.
Structures in Planning Area 2 are limited to 25 feet in height and buildings cannot exceed
50% of the total lot area, not including driveways or paving.
The stated purpose of the request is to allow for the development of five -bedroom units to meet
the market demands for the development while minimizing impact to the site.
Public Comment: Staff has received no public comment regarding the request
INFRASTRUCTURE:
Streets: The property has frontage onto S. Razorback Road, a fully improved Regional
High -Activity Link Street with asphalt paving, sidewalk, greenspace, curb, and
gutter. A stub -out of W. Stadium Drive is present on the property to the east. W.
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 2 of 40
Stadium Drive is a partially improved Residential Link Street with asphalt paving,
on -street parking, sidewalk, curb, and gutter.
Water: Public water is available to the subject property. An 8-inch water main extends
from S. Razorback Road and a 6-inch main extends from W. Stadium Drive.
Sewer: Sanitary Sewer is available to the subject property. There is an 8" sewer stub -out
at Razorback Road.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the subject area lies within a FEMA floodplain,
there is no protected stream present in the subject area, and there are no hydric
soils on the property. A portion of the subject area lies within the Hillside -Hilltop
Overlay District which carries associated restrictions that will apply at the time of
development. Engineered footing designs will be required at the time of building
permit submittal, as well as grading, erosion control and abbreviated tree
preservation plans.
Fire: Station 6, located at 990 S. Hollywood Ave., protects this site. The property is
located approximately 0.9 miles from the fire station with an anticipated drive time
of approximately 3 minute using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck. Fire apparatus
access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed PZD, Planned Zoning District requires 25% minimum canopy
preservation. The current zoning district, 1-1, Heavy Commercial and Light
Industrial requires 15% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the
subject property, ranging from 5-9. The high score translates to a weighted score of 11.5 at the
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 3 of 40
highest level. The elements vary by the area of the property being considered, and include the
following:
• Adequate Fire Response
• Near Sanitary Sewer Main (8-inch main along S. Razorback Road)
• Near Water Main (8-inch main along S. Razorback Road & 6-inch main along W. Stadium
Drive)
• Near Public School (Fayetteville High School)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near Public Park (World Peace Wetland Prairie)
• Near Razorback Bus Stop (Route 48)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF
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: Land Use Compatibility: Staff finds that the proposal is generally compatible
with surrounding land uses. The area is largely undeveloped to the north and
south of the property with the exception of a university -owned parking lot.
Multi -family residences flank the subject area to the east and west, though
there is a major thoroughfare and significant terrain between those
developments. Roughly 2.7 acres of the subject property falls within the
Hillside Hilltop Overlay District (HHOD) which indicates a level of sensitivity
should be maintained as the site is developed. Accordingly, the applicant
proposes tree preservation areas for areas along the east and south property
lines, where much of the HHOD is present. To the east a stub out of W.
Stadium Drive extends to the property line which the applicant proposes to
tie into and create a connection to S. Razorback Road. A 10-foot-wide side -
path trail is present along the property's frontage which connects to the Tsa-
La-Gi trail, providing access to the regional trail network. Bus stops for both
transit operators are located within a % mile of the subject property which
would allow future residents to access the city by non -vehicular means.
Land Use Plan Analysis: Staff finds that the request is mostly consistent with
the Future Land Use Map designation for the area and the City's adopted
land use policies. The Future Land Use Map (FLUM) designates the area as
a City Neighborhood Area which encourage dense, mixed -use development.
Though the Planned Zoning District would only allow residential uses by -
right, the property's proximity to the University of Arkansas and businesses
along W. Martin Luther King Jr. Boulevard support staff's opinion that dense
residential development is appropriate at this location. When considering if
the development meets the goals in City Plan 2040 staff finds the proposal
to be mixed. The infill score for this site is moderate to high, which is
consistent with Goal #1 in City Plan 2040 which is to make infill development
a priority. Conversely, the lack of integrated commercial or mixed use
planning areas run counter to Goal #3, to make compact and connected
development the standard. Staff finds, though, the absence of mixed uses in
this case is largely offset by the proximity to the existing commercial
development along W. Martin Luther King Jr. Boulevard. Regarding the
Enduring Green Network, no part of this property falls within the designation.
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 4 of 40
That being said, the PZD zoning includes a higher standard for tree
preservation that the existing industrial designation. Combined with the
HHOD, portions of this property will be required to preserve up to 30% tree
canopy where currently only 15% is required outside of the HHOD.
On the balance of considerations, staff finds the proposed PZD to be
compatible and consistent with existing land uses and adopted land use
plans.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning is justified due to the current
industrial zoning's inconsistency with the FLUM and increasing
incompatibility with the surrounding properties as redevelopment occurs.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed PZD will increase traffic, and possibly to a significant degree.
However, the site has access to Razorback Road, a fully improved Regional
High -Activity Link street. The proposed zoning would allow residential
development to occur in a way that is likely to increase traffic volume, but it
is unlikely that traffic danger or congestion would be appreciably increased.
Conversely, the property's location on a trail that connects directly to the
University of Arkansas campus and downtown Fayetteville affords non -
motorized transportation alternatives that are further complimented by
nearby transit service.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: While some industrial uses have very intense demand on infrastructure,
rezoning the property from industrial to residential uses may increase the
load on other public services like Fire and Police. In staff's opinion this will
not represent an undesirable amount. The site has access to water, sewer,
and street frontage on a major thoroughfare which are basic prerequisites
for urban development. The Fayetteville Public School district, Police and
Fire Departments have expressed no objections to the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 5 of 40
Finding: N/A
Sec. 161.35. Planned Zoning Districts (PZD)
(B) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned zoning and developments whose purpose is redevelopment,
economic development, cultural enrichment or to provide a single -purpose or mixed -use
planned development and to permit the concurrent processing of zoning and development.
The City Council may consider any of the following factors in review of a Planned Zoning
District application.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(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) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use
yet harmonious developments consistent with the guiding policies of the Future Land Use
Plan.
(10)Special Features. Better utilization of sites characterized by special features of
geographic location, topography, size or shape.
(11)Recognized zoning consideration. Whether any other recognized zoning consideration
would be violated in this PZD.
Findings: As outlined in previous findings, staff finds that the proposal is generally in
line with the factors that may be considered with a Planned Zoning District.
The proposed PZD is particularly well suited to meet the flexibility, harmony,
open space, and natural feature tenets of the ordinance.
RECOMMENDATION: Staff recommends forwarding PZD-2021-000005 to City Council, with a
recommendation of approval, with conditions as outlined below.
Conditions of Approval:
1. Revise the PZD booklet and plans to reflect the following:
a. Revise the booklet to clarify acreage for each Planning Area;
2. Parkland dedication must be reviewed by PRAB with the associated development;
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 6 of 40
3. Any proposed lots without frontage shall provide adequate access for water, sewer, and
emergency services;
4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for
Residential Link Streets; additional variances may be needed for alternative street
sections;
5. Proposed fire apparatus access roads shall meet requirements as stated by all
applicable fire codes;
6. Traffic Impact Study (TIS) shall be provided at the time of development proposal;
7. A statement from an environmental professional regarding the presence of wetlands
must be provided at the time of development proposal.
Planning Commission Action
Meeting Date: December 13, 2021
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Applicant Request Letter
• PZD Booklet
• Site Plan
• Elevations
• One Mile Map
• Close Up Map
• Current Land Use Map
• Future Land Use Map
O Forwarded O Tabled O Denied
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 7 of 40
Bates &
Associates.inc.
Civil Engineering • Land Surveying • Landscape Architecture
7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72704
PH: 479-442-9350 * FAX: 479-521-9350
September 28, 2021
City of Fayetteville Planning Staff
113 W Mountain Street
Fayetteville, Ar 72701
RE: The Retreat at Fayetteville
The Retreat at Fayetteville is being presented as a Master Development Plan PZD. The
project is located on South Razorback Road approximately 1,000 feet south of Martin
Luther King Jr. Boulevard. Stadium Drive dead -ends at the property boundary in the
northeast of the site. Currently a warehouse facility is in use on the property. The site is
currently divided by an existing rail line to the southwest of the site and a 100' power
easement through the southeast of the site. The remainder of the site is wooded.
The proposed use is for a student housing community including 16 residential buildings, a
clubhouse/leasing office and 4 story parking structure. The residential buildings are 3 story
and contain a mixture of 4 and 5 bedroom units. Please refer to the architectural elevations
in this submittal for details.
The reason for this PZD request is to include five bedroom units to meet the market
demands for the development while minimizing the impact to the site.
Jake Chavis, E.I.
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 8 of 40
THE RETREAT AT FAYETTEVILLE
LAND USE & ZONING PZD
FAYETTEVILLE, ARKANSAS
December 3, 2021
Owner:
ARKA, Inc.
1601 Pump Station Road
Fayetteville, AR 72701
Developer:
LCD Acquisitions, LLC
315 Oconee Street
Athens, GA 30601
PREPARED BY:
Bates
1 ■ Associates, I nc_
Civil Engin" ing ':�_:- Surveying
7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
Page I 1
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 9 of 40
A. CURRENT OWNERSHIP OF PROPERTY AND REPRESENTATIVE
The current owner of the property is ARKA, Inc.
The developer of the property is LCD Acquisitions, LLC.
The representative for this project is Bates & Associates, Inc.
B. SUMMARY (SCOPE, NATURE, AND INTENT)
The Retreat at Fayetteville is being presented as a Master Development Plan PZD. The
project is located on South Razorback Road approximately 1,000 feet south of Martin
Luther King Jr. Boulevard. Stadium Drive dead -ends at the property boundary in the
northeast of the site. Currently a warehouse facility is in use on the property. The site
is currently divided by an existing rail line to the southwest of the site and a 100' power
easement through the southeast of the site. The remainder of the site is wooded.
The proposed use is for a student housing community including 16 residential
buildings, a clubhouse/leasing office and 5 story parking structure. The residential
buildings are 3 story and contain a mixture of 4- and 5-bedroom units. Please refer to
the architectural elevations in this submittal for details.
The reason for this PZD request is to include five -bedroom units to meet the market
demands for the development while minimizing the impact to the site.
C. GENERAL PROJECT CONCEPT
1) Street and Lot Lam
The overall property will face west toward Razorback Road, and a new public
street running through the site east to west. The buildings themselves will face
onto new privates drives, which are shown on the site plan.
2) Site Plan
Please refer to the attached plans.
3) Buffer Areas
The two buildings close to Razorback Road and the buildings along the new public
street will be set behind a 15' landscape buffer and within the 25' build to zone.
4) Tree Preservation
Tree Preservation will be set aside within a proposed tree preservation easement
that will be dedicated with the approval of this project.
Page 12
Planning Commission
December 13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 10 of 40
5)
Storm Water Detention Areas
Storm water detention will be accounted for in an on -site detention pond. Details
and design data will be provided with the Large -Scale Development plan.
6) Undisturbed Natural Areas
This total area of the proposed development is 13.65 acres. 2.86 acres of the
project is located within the HHOD area, and 10.79 acres are non-HHOD. The
required tree preservation area is 3.3 acres. (30% of the 2.86 acres and 25% of the
10.79 acres).
The tree preservation area proposed with this development is 1.89 acres. The 1.41
acres that are below the required area will be mitigated. The mitigation is due to
the steep terrain, large utility easement through the site and the railroad tracks.
7) Existing and Proposed Utility Connections and Extensions
Existing sewer and water are located along Razorback Road. The sewer and water
will be extended from razorback road along the new proposed street and will
provide service connections to the new buildings along with fire protection
8) Development and Architectural Design Standards
Architectural design standards will meet those set forth by the City of Fayetteville
with regards to architectural detailing. The architectural design will meet the
original intent of the development.
9) Building Elevations
Building elevations are included as part of this submittal and will meet the
residential design standards.
D. PROPOSED DEVELOPMENT PHASING AND TIMEFRAME
1) PZD Zoning & Large -Scale Approval .................................... 2021-2022
Once the PZD Zoning is approved, Large Scale plans will be submitted for
planning review. Once the LSD is approved by planning commission, a grading
permit will be applied for, and construction will start shortly after grading permit
approval.
Phase I:
There will only be one (1) Phase to this development. All portions of the PZD in
Phase I are planned to be under construction at the same time when grading and
building permits are approved.
Page 13
Planning Commission
December 13, 2021
Agenda Item 9
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E. PROPOSED PLANNING AREAS
This PZD will have two planning areas. One will be multi -family, and the other will
have no proposed buildings or parking. It will be set aside for tree preservation,
green space and detention.
F. PROPOSED ZONING AND DEVELOPMENT STANDARDS
Planning Area #1: Multi -family Residential
Purpose: The purpose of this Planning Area is to permit and encourage the
development of apartment buildings. This density will be 142 units on 10.04 acres,
which will have a density of 14 units/acre. The PZD will also allow five -bedroom units
in the development. The PZD will allow up to five unrelated persons to occupy the
dwelling.
Land Use Designation:
1. Permitted Uses
Unit 1
City-wide uses by right
Unit 26
Multi -family Dwellings
Unit 12a
Limited Business
Unite 12b
General Business
2. Conditional Uses
11 Unit 2 1 City-wide uses by conditional use permit
3. Density
Acreage 10.04 acres (PA 1)
Number of Dwelling 142 Units
Units
Density 14.14 units/acre
4. Bulk and Area Regulations
Multi -family Dwellings
Lot width minimum
70'
Lot area minimum
7,000 sf
Land area per dwelling unit
4,000 square feet
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Planning Commission
December 13, 2021
Agenda Item 9
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Page 12 of 40
5. Setback Requirements
Front
Side
Rear
25' Build -to -Zone
8'
10,
6. Building Height Regulations
Building Height Maximum 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet
from the front property line or any master street plan right-of-way line shall
have a maximum height of two (2) stories, between 10-20 feet from the master
street plan right-of-way a maximum height of three (3) stories and buildings or
portions of the building set back greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building
that exceeds two (2) stories shall have an additional setback from any side
boundary line of an adjacent single-family district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the
difference between the total height of that portion of the building, and two (2)
stories.
7. Building Area
Area occupied by all buildings shall not exceed 50% of the total lot area
and does not include driveways or paving.
Site Planning
8. Screening and Landscaping
The screening and landscaping will be provided as set forth in the City
of Fayetteville Unified Development Code.
9. Parking
All parking shall comply with chapter 172, for multi -family residential
requirements of the City of Fayetteville Unified Development Code.
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Planning Commission
December 13, 2021
Agenda Item 9
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Page 13 of 40
10. Architectural Design Standards
Conceptual architectural elevations have been provided along with this
document. All buildings will have materials consistent with those
proposed in this submittal along with a copy of these documents. The
buildings shall meet the residential design standards.
In order to provide a variety in form and design, one (1) building type
may not be utilized more than three (3) times in a development. Each
building type shall be differentiated by variations in materials, colors
and roof forms. If alternative design standards are requested a variance
will be required at time of development submittal.
11. Signage
Signs shall be permitted and approved and shall be installed in
accordance with Chapter 174 of the Unified Development Code.
Planning Area #2: Open/Green Spaces
Purpose: The purpose of this Planning Area is to create land designated for tree
preservation, detention, and outdoor recreation.
Land Use Designation:
1. Permitted Uses
11 Unit 1 I City-wide uses by right
2. Conditional Uses
11 Unit 2 1 City-wide uses by conditional use ermit
3. Density
Acreage 3.61 acres
Number of Dwelling 0 Units
Units
Density 0 units/acre
4. Bulk and Area Regulations
Lot width minimum None
Lot area minimum None
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Planning Commission
December 13, 2021
Agenda Item 9
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Page 14 of 40
5. Setback Requirements (build to zone)
Front
Side
Rear
35'
20'
35'
6. Height Restrictions:
Structures in this planning area are limited to a building height of 25
feet. *
*All separate structures require a minimum 10' separation from
structures (eave-to-eave) on both sides. Buildings are subject to
minimum building separation, fire wall ratings, etc. in accordance with
building code.
6. Building Area
Area occupied by all buildings shall not exceed 50% of the total lot
area and does not include driveways or paving.
Site Planning
7. Screening and Landscaping
The screening and landscaping will be provided as set forth in the City
of Fayetteville Unified Development Code.
8. Parking
All parking shall comply with chapter 172, for multi -family residential
requirements of the City of Fayetteville Unified Development Code.
9. Architectural Design Standards
Conceptual architectural elevations have been provided along with this
document. All buildings will have materials consistent with those
proposed in this submittal along with a copy of these documents. The
buildings shall be constructed consistent with the elevations and
provided.
10. Signage
Signs shall be permitted and approved and shall be installed in
accordance with Chapter 174 of the Unified Development Code
Page 17
Planning Commission
December 13, 2021
Agenda Item 9
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G. MASTER DEVELOPMENT PLAN AS COMPARED TO CURRENT
ZONING REQUIREMENTS
Existing Zoning
Proposed Zoning
1-1 (Heavy Commercial & Light Industrial)
PZD: PA-1 (Multi -family Apartments)
Permitted Uses
Unit 1
City-wide uses by right
Unit 1
City-wide uses by right
Unit 2
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agricultural
Unit 13
Eating places
Unit 12a
Limited Business
Unit 16
Shopping goods
Unit 12b
General Business
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 26
Multi -Family Dwellings
Unit 27
Wholesale bulk petroleum storage
facilities with underground storage
Unit 32
Clean technologies
Conditional Uses
Unit 2
City-wide uses by conditional use permit
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small site
Unit 20
Commercial recreation, large site
Unit 3
Public protection and utility facilities
Unit 28
Center of collecting recyclable materials
Unit 36
Wireless Communications Facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
Density
Units per acre
none
Acreage
10.04 acres
Dwelling Units
142 Units
Units per acre
14
Bulk and Area Regulations
Lot width Minimum
Three or More
none
70 feet
Lot Area Minimum
Three or more
none
7,000 square feet
Land area per Dwelling unit
none
4,000 sf
Setback Requirements
Front
25/50 feet
25' Build -to -Zone
Side
10/50 feet
8 feet (See notes on 10' separation)
Rear
25 feet
10 feet See notes on 10' separation)
Building Height Maximum
2
2 stories/3 stories/5 stories'
Building Area
none
On any lot, the area occupied by
buildings shall not exceed 60%
Buildable Street Frontage
Minimum Buildable Street
Frontage
none
25% of lot width
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Planning Commission
December 13, 2021
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A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building
set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single-family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
Page 19
Planning Commission
December 13, 2021
Agenda Item 9
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Page 17 of 40
Existing Zoning
Proposed Zoning
1-1 (Heavy Commercial & Light Industrial)
PZD: PA-2 (Open / Green Space)
Permitted Uses
Unit 1
City-wide uses by right
Unit 1
City-wide uses by right
Unit 2
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agricultural
Unit 13
Eating places
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale build petroleum storage
facilities with underground storage
Unit 32
Clean technologies
Conditional Uses
Unit 2
City-wide uses by conditional use permit
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small site
Unit 20
Commercial recreation, large site
Unit 3
Public protection and utility facilities
Unit 28
Center of collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
Density
Units Per Acre 0 Units per acre
0
Bulk and Area Regulations
Lot width Minimum
Three or More
none
none
Lot Area Minimum
Three or more
none
none
Setback Requirements
Front
25/50 feet
35 feet
Side
10/50 feet
20 feet
Rear
25 feet
35 feet
Height Re uirements
Building Height Maximum
2 �
25'
Building Area
none
On any lot, the area occupied by
buildings shall not exceed 50%
Buildable Street Frontage
Minimum Buildable Street Frontage none
30% of lot width
Page 110
Planning Commission
December 13, 2021
Agenda Item 9
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Analysis of the Site Characteristics
No environmentally hazardous, sensitive, or natural resource areas have been found on
this site.
H. RECREATION FACILITIES
There will be 1.89 acres of tree preservation area, a clubhouse and a pool.
I. REASON FOR REZONING REQUEST
The reason for this Conceptual PZD request is to provide a project that will
provide a means for creating a successful and viable student housing
community which will be in alignment with other current developments in the
area. This Conceptual PZD will provide the highest and best use for this site.
The PZD will also allow five -bedroom units in the development. The PZD will
allow up to five unrelated persons to occupy the dwelling.
J. RELATIONSHIP TO THE EXISTING AND ADJACENT LAND USES
The property to the north, south and east is zoned RMF-24 and CPZD to the
west, so a multi -family zoning would be consistent with the surrounding zones.
K. COMPLIANCE WITH CITY OF FAYETTEVILLE PLAN 2040
The future land use map on this property has been designated for City
Neighborhood. This PZD proposal will be fulfilling an original intent for this
property.
Goal #1 - Appropriate infill and revitalization the highest priority
This project will continue building around an already established multi -family
area. Installed infrastructure is adjacent to the project. Developing the property
in this way will meet the City's future land use plan and be similar to the
development in the surrounding area.
Goal #2 - Discourage suburban sprawl
There will be no additional sprawl associated with this development. Streets,
paving and all the utility infrastructure will be installed with this project.
Goal #3 — Make compact, complete & connected development the standard
This development is adjacent to a regional link and will provide cross
connection from the W Stadium Drive to Razorback Road. The development
will provide the traditional town feel due to the several amenities within
walking distance of this project including restaurants, Baum Stadium and the
University of Arkansas.
Page 111
Planning Commission
December 13, 2021
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Goal #4 - Grow a livable transportation network
This development will construct several sidewalks which will provide
connection to existing trails, bus routes and businesses. A new public street is
also proposed to provide cross connection.
Goal #5 - Assemble and enduring-reen network
A tree preservation area dedicated to the City of Fayetteville and its residents
will add to the City's green network.
Goal #6 - Create attainable housing
This development will promote housing for students attending the University
of Arkansas, who significantly impact the city's growing economy.
L. TRAFFIC STUDY
A traffic study has been conducted for The Retreat at Fayetteville.
Access to the site is proposed via the extension of Stadium Drive to S.
Razorback Road with a connection to the east to an existing section of Stadium
Drive. The Stadium Drive extension is proposed to be constructed to intersect
S. Razorback Road approximately 220 feet south of an existing HAWK
pedestrian traffic signal and approximately 130 feet north of an existing railroad
spur track crossing S. Razorback Road.
Capacity and level of service analysis was performed for existing traffic
conditions and for projected 5-year traffic conditions (with and without the site
development) for the AM and PM peak hours for the study intersections of
Martin Luther King Jr. Boulevard and Stadium Drive and S. Razorback Road
and the proposed Stadium Drive extension.
The conclusion of traffic operational findings associated with this study is that
additional traffic expected to be generated by the proposed approximate 594
tenant off -campus student housing residential development can be
accommodated by the existing adjacent roadways and proposed Stadium Drive
extension to S Razorback Road without discernable impact on traffic flow in
the vicinity.
M. IMPACTS ON CITY SERVICES
There are no significant impacts to city services associated with this project.
Water and sewer are existing along Razorback Road and W Stadium Drive.
The development will loop the water main between Stadium Drive and
Razorback Road which will improve the system. Waste will be managed by
dumpsters.
Page 112
Planning Commission
December 13, 2021
Agenda Item 9
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Page 20 of 40
N. STATEMENT OF COMMITMETS
1) Dedication of Public Facilities
Most of the utility infrastructure installed with this project will be
dedicated to the City of Fayetteville. The remainder will be private
service lines to the buildings.
2) On or Off -Site Improvements
The development of on or off -site infrastructure necessary to serve this
project shall be completed along with the construction of this project.
3) Natural Resources and Environmentally Sensitive Areas
There are no known natural resources or environmentally sensitive areas
on this site.
4) Fire Protection
This project will be served by the Fayetteville Fire Department. The
nearest fire station is on Hollywood Avenue.
5) Other Commitments Imposed by the City
There are currently no other commitments imposed by the city.
6) Parks, trails, and Open Space Commitments
Tree Protection will be committed to as required by the City of
Fayetteville ordinances governing said protections, whether through on -
site save areas, off -site tree save areas or payment of the fee in lieu.
7) Proposed Preliminary Building elevations
Conceptual architectural elevations are provided as part of this
submittal.
Page 113
Planning Commission
December 13, 2021
Agenda Item 9
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Page 21 of 40
O. DEVELOPMENT STANDARDS, CONDITIONS, AND REVIEW
GUIDELINES
1) Screening and Landscap n
The development shall meet the requirements of Chapter 177: Landscape
regulations.
2) Traffic and Circulation
All traffic and circulation will comply with the City of Fayetteville
standards for curb cuts, traffic and circulation.
3) Parking Standards
Parking will be provided in garages underneath some of the units, parking
lots and a parking garage.
4) Perimeter Treatment
To the east and south, buffers of tree preservation are proposed. The
remaining treatment will follow the landscape code UDC 177.
5) Sidewalks
Sidewalks will be designed and constructed along all adjacent public streets
and in the interior of the site to promote walkability.
6) Streetlights
Streetlights will be added at intersections and at intervals of no more than
300'.
7) Water
Water lines will be designed and constructed in accordance with the City of
Fayetteville Water & Sewer Specifications.
8) Sewer
Sewer lines will be designed and constructed in accordance with the City of
Fayetteville Water & Sewer Specifications.
Page 114
Planning Commission
December 13, 2021
Agenda Item 9
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Page 22 of 40
9) Streets and Drainage
A new Street is proposed to connect W. Stadium Drive and Razorback
Road. There will also be a detention pond associated with the project. All
street and drainage design will be in accordance with the City Street
Specifications and Drainage Manual.
10) Construction of Non -Residential Facilities
A clubhouse is proposed with this project. The clubhouse will meet all the
City's required architectural standards (UDC 166.25).
11) Tree Preservation
Tree preservation will be dedicated as part of the large-scale development
for this property per UDC 167.
12) Architectural Design Standards
Conceptual architectural elevations have been provided along with this
document. All buildings will have materials consistent with those proposed
in this submittal along with a copy of these documents. The buildings shall
be constructed consistent with the elevations and provided.
13) Signagee
Signage will be utilized in accordance with City of Fayetteville standards
and be in accordance with UDC 174.
14) View Protection
We are not anticipating that any improvements to this property will impact
views of surrounding properties.
15) Covenants, Trusts and Homeowner Associations
There are no covenants, trusts or Homeowner Associations governing the
property.
Page 115
Planning Commission
December 13, 2021
Agenda Item 9
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16) Intent/Purpose of PZD ordinance:
The PZD Ordinance provides this project with the ability to create a planned
development. Utilizing PZD's allows for slight modifications to traditional
setbacks, lot widths, and lot area minimums. The R-PZD Ordinance 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 zone. (City of Fayetteville Zoning Regulations CD161.23(C)).
This development encourages a variety and flexibility in land development,
and land use for predominately residential areas and is consistent with the
city's General Plan and the orderly development of the city. This R-PZD
will provide a framework for an effective relationship between different
land uses and activities.
Page 116
Planning Commission
December 13, 2021
Agenda Item 9
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Page 24 of 40
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TOTAL PARKING REQUIRED: 599
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OFFS1REEi MA PRONOEO.
GARAGE SPACES: 46
PARKING DECK siAN04R0 SPACES: 345
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View 4 Looking
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31-6 With boxed gable wall detail and covered entry porch
14-5 With balconies and covered entry porch
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View 5 Looking northeast along West Stadium Drive
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Key Plan
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 37 of 40
PZD-2021-000005
Close Up View
Regional Link - High Activity I
Hillside -Hilltop Overlay District
The Retreat at Fayetteville
R-O
i
Subject Properties
Planning Area
L _ _� Fayetteville City Limits
0 75 150
— — Shared -Use Paved Trail
— — — Trail (Proposed)
1-1
Feet
300 450 600
1 inch = 200 feet
IJ %.
A&
NORTH
IIII� RMF-24
1-1 Heavy Commercial and Light Industrial
IIII� 1-2 General Industrial
Residential -Office
IIII� Urban Thoroughfare
IIIIIIIIIIIIIIIICommercial, Industrial, Residential
Planning Corrlmission
r,,.-& �13, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 38 of 40
PZD-2021-000005 The Retreat at Fayetteville _
Current Land Use NORTH
id 1
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Undeveloped R ■ .1�
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FEMA Flood Hazard Data
100-Year Floodplain
Regional Link - High Activity Feet
Floodway
- - - Trail (Proposed)
0 112.5 225 450 675 900
' Planning Area
1 inch = 300 feet
' Fayetteville City Limits
L _ _ , Planning Co mission
3, 2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 39 of 40
PZD-2021-000005
Future Land Use
The Retreat at Fayetteville
NORTH
w �
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Planning Area
Fayetteville City Limits
- - - Trail (Proposed)
0 145 290
A
V
Feet
580 870
1 inch = 400 feet
Y
Industrial
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center Planning Cc
ssion
2021
Agenda Item 9
PZD-21-000005 Retreat at Fay.
Page 40 of 40
Demomt ,gazette
F.O. BuX 1607,EVILLE, Air, 72702 • 79.4,12.17001 FAX 479.695.1118 - LNl'' W WADC-.COhl
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6519
Was inserted in the Regular Edition on:
January 30, 2022
Publication Charges: $144.40
&ft Sit.
Brittany Smith
Subscribed and sworn to before me
This z7� day of,— w , 2022.
1
Notary Public r-
My Commission Expires: 2�
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC--ARKANSAS
My Commission Expires 02-20-2024
Commission No,12397118
Ordinance: 6519
File Number: 2021-1027
RPZD-2021-005 (1032 S.
RAZORBACK RDfrHE RETREAT
AT FAYETTEVILLE):
AN ORDINANCE TO APPROVE A
RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 2021-
0005 FOR APPROXIMATELY 13.65
ACRES LOCATED AT 1032 SOUTH
RAZORBACK ROAD
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
approves R-PZD 2021-0005 as
described in Exhibits "A", "B", and "C"
attached to the Planning Division's
Agenda
Memo which allows the development of
10.04 acres for 16 multi -family units and
3.61 acres for tree preservation,
detention, and outdoor recreation.
Section 2: This R-PZD approval is
subject to the following conditions as set
forth in Exhibit "C":
I. Revise the PZD booklet and
plans to clarify the acreage for each
planning area.
2. Parkland dedication must be
reviewed by the Parks and Recreation
Advisory Board with the associated
3. Any proposed lots without
frontage shall provide adequate access
for water, sewer, and emergency
4. Proposed streets shall meet
minimum 2040 Master Street Plan
requirements for Residential Link
Streets, additional variances may be
needed for alternative street sections.
5. Proposed fire apparatus
access roads shall meet requirements as
stated by the applicable fire codes.
6. A traffic impact study (TIS)
shall be provided at the time of
development proposal.
7. A statement from an
environmental professional regarding the
presence of wetlands must be provided
at the time of development proposal.
Section 3: That the official zoning map
of the City of Fayetteville, Arkansas is
hereby amended to reflect the zoning
criteria change provided in Section I
above.
PASSED and APPROVED on
1/18/2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for byThe City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: S 144.40.
75511920 Jan 30, 2022