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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: ,�����Ilfll1�1j7 I �'•''�1I r �•�-�i JJ Kara Paxton, City Clerk Treasurer F,q Y ' 7T r . Page 2 Printed on 1119122 PZD-2021-000005 Close Up View The Retreat at Fayetteville PZD-2021-000( EXHIBIT 'A' 1 ' R-p y` 1 ! 1 i �Ch7ER � ! j Tsa-l-a-Gil W A Trail O 1 1 � i I I 1 1 � 1 1 � 1 I � 1 I 1 / � 1 STADIUM DR r / ) I 2 / 1 0 1 0� Subject Properties J �I 1 I � .1 CPZD ' 1 — I 1 ATHLETIC ! RPZD 'DR l i 1 1 1 I �1 I 1 r I 1 1 1 i I 1 - 1 I 1 1 I 1 I 1 f ! 1 1 1 1 I 1 RMF-2d 1 I ! I 1-2 I I 1 i I I ! r 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 PZD-21-000005 Retreat at Fay. Page 11 of 40 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 Page 14 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. 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. Page 15 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. 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 Page 16 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. 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 PZD-21-000005 Retreat at Fay. Page 15 of 40 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 Page 18 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 16 of 40 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 PZD-21-000005 Retreat at Fay. 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 PZD-21-000005 Retreat at Fay. Page 18 of 40 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 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 19 of 40 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 PZD-21-000005 Retreat at Fay. 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 PZD-21-000005 Retreat at Fay. 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 PZD-21-000005 Retreat at Fay. 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 PZD-21-000005 Retreat at Fay. Page 23 of 40 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 PZD-21-000005 Retreat at Fay. Page 24 of 40 u4 O O 0 CD CD N a Q co CD CD N 01 CJ U1 N 0 T CD N C) 5 CO N THE RETREAT AT FAYETTEVILLE GENERAL PROV1510N5L T,l PH All WORKMEN PLAN G IT =Y, IF IN, ANZAN ALL FAYETTEVILLE, ARKANSAS IP»ANZINIT ED Z01NING 11USI OPMENT P»A1NlS� VICINITY MAP N.T.S. NORTH CITY CONTACT INFORMATION ME CONTRACTOR IS RESPONSIBLE TO CONTACT EACH DISCIPLINE BELOW AND REQUEST A CERTIFICATE OF OCCUPANCY INSPECTION AND MPROVAL AT LEAST A WEEK IN ADVANCE: BUILDING SAFETY MATTHEW CABS 575-8229 MCASEWfAYETTENLLE-M GOV QUIN MONPSON 575-8252 QTHOMPEONWFAYETIENLLE-ANMX D JG1 A ENMEEMNG JONAMAN ELY 575-8206 JELYWFAYETHENLLE-ARGOV JOSH BOCCACC10 757-8206 JBOCCACCIORFAYETTENLLE-AR.GOV FIRE BRIAN GLOAT 718-76M BSLOATWFAYETTENLLE-AR.GOV N BACKROW PREV£NTON RANDY BOLINGER 575-AM2 RBOLINGERWFC-TENLIE-AR.GOV NERR OPERATIONS JAYCE BRANSON 684-4723 JBRANSONWFAYETTENILE-AR.GOV �$ OWNERSHIP OF DOGUNENTS 4 C) PLANNING JONATHAN CORM 575-8267 JCURMWFAYETTENLLE-AR.GOV d o BYm JES9CA MASTERS 575-8239 JMASTERSMFAYETTEMIJE-AR. i AND THE YEAS AFID Of51GN5 NLORPORdifD F. NMBERGER 575-8237 RUMBERGERWFAYETTEVIIJE-ARGOV 9 Of£6INONAL SERVICES. 15 i SIDEWPLK MUCK RUT ERFORD 575-8291 CRUMERFORDAWAYETTENLLE-AR.GOV A S50LIATES. Lc..Are 15 HIT RECYCIJ I AND TRASH GREW COOK 575-8397 ACOORWFAYETTENLJE-ARGOV ��-' mf PROPERTY OfTBAIEs 0 MEE & LANDSCAPE JOHry SCOTT as-3470 JSCOTMFAYETTENLIE-AR.GOV To BE USED. IN WHOLE OR PART, FOR ANY OTHER PROJECT ^ MELISSA EVANS 444-3486 MEVANS®FAYETTENIIE-AIGGOV & ASSOCIT MEBS, NO. AUMOR ZARAB OF BARS + / BGO_482�899 Ln UTILITY5 % 5AEETY NOTICE TO CONTRACTOR ENGINEER'S NOTICE TO CONTRACTOR CABLE: COX COMMUNICATIONS G AS: S URCEGAS IN dcGORDANU — GEnERAUT ACCEPTED IONSTRUGTON THE EWENCC AND LOGATON OF ANY UNDERGROUND TRILBY 4901TEVS. T8th ST N MIKE KITE S. THE CONTRACTOR WILL IF SOLELY N0 PRfS OR STRWTLARU BHOWN ON THUFNLABL ORECORS.ARE 4901 S. 48th STREET P.O. BOX 13288 LONPLSRLr RETY OF THEAU PER OHS AND P OP THY J SITE. BEST Of C d SEARCH of TER dRE NO RECORDS. OF mf $HONE: (47 AR 72762 FAYETTEVILLE, AR 72701 c sdPfn of a1 PER OHS drvD PROPERTY DJRxG afsr of OLR rcrvowLmu THERE RE rvo fzlsTHw Lm11R5 PHONE (479) 717-3724 PHONE: (479) 575-1424 PERFOo GONTIN O- N0 HOW Bf LIMBER iOONORMdL WWI — E%LfPi d5U5HOWN UH THESE DRAWINL5 dND WE �LiEU NO coorvLRrlruo sLr �ocnnon an me5e walimHE cs T GIT ORRACTOR 15 ELECTRIC: SWEPGO TELEPHONE: AT&T REQUIRED To TAKE DUE MEWITIIONARY MEASURES To ADAM KEETH JEFF HAMILTON THE D.RY OF THE fNCNffR TO CONDUCT LONSTRU EN T ERE — -I SHOWN. dNI ALL OTHER LNfS R RfvWw w mf cONTRACTOR5 PfRfoP.nNHcf Is xo no� or RfcoRD oR nor snowx Ory nf5f DRdxmc 101 W TOWNSHIP RD 1133 E. HAROLD ST 8 xT4M To INGULTU RBVIEW of mf d0f0udcr Of7mf MEMFcdnon of THER LOCATOR x ERE _ PRIOR THE FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 OnTRALTOR'I SdrE N11-5. R 1 NEAR ME —OB of ERE ACTUAL PGRTON of THEIR WEAT. To PHONE: (479) 973-2300 PHONE: (479) 442-3107 IUHSiRULTON SRf, iY INDEX OF DRAWING5 01 COVER 5MEET 02 ZONING + DEVELOPMENT 5TANDARD5 03 MA5TER DEVELOPMENT + PHA5E PLAN PLAT PACE III PROJECT SIZE ADDRESS — S IAZU 11 RD FAYETIENLJE, N2 727M ZONING CLASSIFICATON: 1-1 (EXITING) PM OP—D) PROPOSED USE MULT-FAMILY TOTAL SITE AREA: 1365 ACRESB BUILDING HEIGHT: 30' MAX OWNER: ARIA HNC 1601 E PUMP STATION RD FAYETTEVILLE, AN 72701 PHONE: EMNE OEVELOPEN. LCO ACOUISITI LLC 355 ONErA ST. SUIT: DIED niHENS, GA YJ601 ENALJ ONJUKYMEOORLANOMARKPROPERTIES.CON ENGINEER/SURVEYOR: BATES & AROOClATES. INC. 7230 S PLEASANT RIDGE DR. FAYETTENLLE. AR 7D7GD PHONE: (479) H2-9350 EMAIL GEORWBATESNIN COM ENGINEER: W&A ENGINEERING 355 ONETA ST, SUITE DOOR AMEND, GA 30601 PHONE: (INNO 310-OAOR EMAIL BROUNEYWLYAENGINEERINGDOLH ARCHITECT. EaE ARCHITECTURE 297 PRINCE AVENUE, SUITE 28-B AMENS, GA 30601 6) 0 PHONE: (7050-1330 EMAIEKAMIINA&ENEARCHITECTURE.COM NILES -TON ASwCIATES. INC 3060 PEA FREE RD NW, UNIT 600 AnANTA, GA 3o3D5 CANNON REm0IDs CURG5EGINI E% L CREYNOIDSWNIUSBOLTON CON OCOPLRTCN BCATCN: A OR "AE' AS OETERED BYRTY SIHE NATLATE'GN. BROOD IN'LUCYSURANCE PROGRAM ROOD INSURANCE RATE MAP FOR WADSHINGTON COUNTY, (FIRM PANE RESDENTAL BUIDNG NFORMATION ARKANSAs. L/05-2i0F. DATED 05/16/2008) �PRUPUUUGENERAL RGRVE 15-UNIL / 60-BEDROOM BUILDING 3 THE SUERGRQUND MATION SHORN FNG BEEN LOCATE FltOM 40-UNIT / 48-BEDROOM BUILDIxC 4 DECO SURVEY INLORYAnON AND E%ISTING ORAPoNCS ME 5-UNIT / 16-BEDROOM BUILDING I SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND 18-UNIT / 21-6EDROOM BUILDING 3 UFUMES SHOWN ARE IN THE EXACT LOCATION INDICATED. 1-UNIT / 20-BEDROUN BUILDING I ALTHOUW ME SURVEYOR DOES CERnh THAT THEY ARE LOCATED 10-UNIT / 25-BE.- BUILDING 2 n1en�cC RATELY A. POSSIM£ FROM INFORMATION AV�e BI£, ME Boom (MULTI -FAMILY I PER ffDRoouT NTPL NUMBER IF BEDROOMS: 585 PEMSNG P.11 -/I PER' 585 SCHARE FOOTAGE CO PoMMUNItt CENTER: GF BRED CiA PARKING REWIRED: 5 TOTAL PARKING REQUIRED: 599 (RETAL - MAx1 PER 2w s.F. DF LPAT SQUARE FOOTAGE CO RETAIL AREA: 100E GFA MAAMUM SPACES ALLOWED: 9 PARKING A OFF MEET ARASTANDARD 1RD SPACES: 1 OFFS1REEi MA PRONOEO. GARAGE SPACES: 46 PARKING DECK siAN04R0 SPACES: 345 PARKING RA EDNRONDEO e TOTL PARKING PROVIDED 609 WMOTORCT /SCOOTER PARK NG (/25 OFFnREET SPACES): TOTAL OFFI BEET SPACES: 194 M RCYCIE/sGGGTEEAIKNPROIDED R PARKING REWIRED: 8 BIOLYOLEYCIEKSCOOTER 30 DINEGWNGNUWT51 9 TOT& DWEWNG UNI1S 1. BIKE RACKS REQUIRED: 5 BIKE RACKS FRONDED: 5 JOR i 59 STE AREA — SO FT.(1365 ACa/-) OSS SITE AREA AFTER R OENCATON 1-1 SUFT 12.85 AC + -OVE ) 117 ED.FT. (47G1%) (6.04 AC a/ -)OP 52 SO. FT. (5299C) DE. TIC Sn xG AREA INFO uAT N: BULLRING ffM FRONT "N:NCI: FRONT (QUOININC A OR R D DISTRIIC Soil FRONT (ADJOINING C. 4 OR P DISTRICTS) SIR SIDE (ADJURING A OR R DISTRICTS) Soft SIDE (ADJOINING C, I, OR P DISTRICTS) Ion REAR 25ff PROPDSED PZD: FRONT 25ff Bi.Z. SIDE: BY REAR 01 & PORTON OF PARCEL g765-14833-000 EAST OF N6M2'5o"W 131836', THENCE w214'10-W 531.02', THENCE SBT22'50-E EDEV TO APOFRGNT_N ON MEAY EAST RJO6T-OF AN Y FIR, AS PER THE PH g040399, MARKING ME TRUE POINT OF BEGINNING. AND RUNNING THENCE 1BT22'S0"E 712.80' TO AN EXISTING REBAR, THENCE w239'40"W 78I15'TO AN EMSTNG REBAR, THENCE NBT285PW RES— FOR A C 526'05'W 170`. 1207,16' FOR A C EXISTING AHN Al MO EAST RRJLU HIGHWAY W112, M POINT OF BEGINNING. CONTAINING 1340 ACRES. MORE OR LESS AMID AM ME PURFOR OF EL W765-lM33-OD) LING WEST OF T RIGHT-OF-WAY ff THE SMU FE PAUFIC CORPORATION RAILROAD, BEINI PART OF A SIX ACRE TRACT IN THE SOUTHWEST CORNER OF ME NORME QUARTER OF THE NORTHEAST QUARTER OF SECTON 20, TOWNSHIP 16 NO NGE JO WEST, WASHINGTON COUNTY, ARKMOAS, BEING MORE PARTCUI DESCRIBER As FULOWS TO-WT: COMMENCING AT ME NORTHEAST CORN SAID FORTY ACRE TRACT AND RUNNING THENCE NB7R2'50'W 131836. TH GO2 10'W 53102'. THENCE—22'501 82336TO AN EXISTING REBAR THENCE S02'39'40"W 787,15' TO AN EA— REBAR. THENCE HIM 50" 717,08' TO A PUNT ON ME NEST RIGHT-0E-WAY OF THE SANTA FE PAR CORPORATION RAILROAD RIGHT-OF-WAY, AS PER A WARRANTY GEED FILE BON 100 AT PACES 22-24 IN ME RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, MARKING THE TRUE POINT Po MORNING, ANO RUN THENCE HIM 50'W 108.29' TO AN EMSTNG MM ALUMINUM RIGHT -OF - MONUMENT ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112 MARKING ME SQUMWEST CORNER CO SAY FIFTY ACRE TRACT, AS PER THE ALTO RIGHT-OF-WAY PUNS FOR JOB pO4OJ9B MENC£ ALONG END GHT-Of CONTAINING 025 ACRES, MIKE OR LESS SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD, ME ABOVE DESCRIBED MACT CONTAINING IN AGGREGATE 13.65 ACRES, MORE OR LESS $ ARK�HY�AS REGISTERED y PROFESSIONAL � ENGINEER cFOT No. Rio p`� REY M OI Z �ylN OF AU O„ �r- 0ISo <aa ui ui NY J J ~ N > U Q N r 0 W 1 < C7 = Q Z N Q L LL1 Ld Q w U xLjj ¢ LJ d u- L v �n 0�_ �q 01 T STANDARD SPACES: ADA PRONDED: PACES: DECK STANDARD SPAT PARKING REQUIRED: EARNING PROVIDED: CD CD 0 N "� 01 rn v _ w 3 N O TI3 pN O 5 I 7 1000 BEA s 599 1000 BEA 4 194 11 46 345 e 604 194 9 THE RETREAT AT FAYETTEVILLE 3 QUARTERS PROPERTY INVESTORS LLC 6 FRAT:W'S MANAGELIENT LLC 9 CONAGRA FOODS PACKAGED FOODS LLC 11 UNIVERSITY CF ARKANSAS Ij CITY OF FAA— 331 SOOUEL - STE 100 PO ASSET BOX 913 111 CONAGRA DR BOARD OF TRUSTEES 1 MOUNTAIN ST SANTA CRUZ, CA 95062 ROGERS, AR 72757 OMAHA, NE fi8102 321 AOMINISTRATON BLDG FAR T1EMq£, AN ]2I01-6083 PARCEL /165-14837-000 PARCEL V65-1D099-003 PARCEL MY65-14B45-D00 FAYETIENLI£, AR 72I01 A GELS n65-1483]-001. ZONED: CPZD ZONED: RMF-24 ZONED: RMF-24 PARCEL /I65-14046-G00 p7 fi5-11035-SSG' ZONED: 1-2 17111.31-000 4) APRTIOE PRKANSAS LLC )) GLARY PROPERTY MARAGEMENT LLC 10) SANTA FE PACIFIC CORPORATOR -ED: N/A-RMF-24 6. PoV£R OR STE 402 S. N HIGHLAND A. Coo BURUNGTON N—DEN SANTA FE FAIETTENBOX EW'AllOD PARK. NJ 07407 LLE, AR — 2) ARKANSAS STALE HIGHWAY CO PARCELS /J65-14834-001. PARCEL /Z65-10099-004 qtT WU . TX Z6161-0089 PO BOX 2261 F_fi 4041-001 ZONED: RMF-24 PARCEL (E65-14844-ODD LITIW ROCK, AR 72203-2261 ZONED: I-1/LT ZONED: N/A PARCELS (765-14034-003, 8) SOUTH GARLAND /J65-14843-100. 5) FRISCO RAILROAD B.—ASmgATES LP '76, 4031-OOT /I65-14830-G01 PARCEL F65-14843-000 P 0 BOX 9— ZONED: N/A ZONED: N/A PXNOEN, NJ 08101 cEL p65-10101-000 ZONED: RMF-24 t AAK�SN AS S REGISTERED y PROFESSIONAL ENGRJEER - �FO fNo. 9810 p v' - REY H 8 = ;FAO Wa 5; �dg 0 w J � J r Z U N of N (n F— < Q Q W 11 Z o-z ¢ z of z LLi uj ~¢ o Lu S wo o� � z a3 m Of¢ u ¢ uj Z zo C NI u� F N •U V D 01 d 00 Q � 6 �Y� A 11 � 1 i YnNc xo O� THE RETREAT AT FAYETTEVILLE ° W_ sc5°nii w —T 100 o ,v rn 0 _. a :O3 a co CD0 3 N m 4 N — � 3 O TI 3 p N fA O 5 1 N? 7 t AAK�SN AS AEGIS*TERED y PROFESSIONAL ENGRJEER - �FOfNo.981° pv' — REY H 8 = Wa 5; Ld �dg Z U CL Q c F- fN N W Z Q d Q:' L� U O Q Q Z > W O w J r,4 o 5 LLj z wa c N U V 01 N o� �A 03 PZD Meeting 3 PZD Meeting 2 Ip View 1 Looking N O 0 oQildings shown from left to right: (OJT n �. �DCD (a CD cc CD m � CD o v Q 3 3 av O ; N N' v 3 o east along West Stadium Drive 12 With recessed entries and ground -level retail 32-5 With balconies and covered entry porch r Key Plan PZD Meeting 3 PZD Meeting 2 N View 2 Looking O 0 oQildings shown from left to right: o (D cn C-) D. D3c4 CD C � C7 CO q CD m =3 m o v n 3 CD ° P 3 o NON. Ov `.� c0 j 7 north along West Stadium Drive 32-6 With balconies and covered entry porch 32-6 With balconies and covered entry porch Key Plan PZD Meeting 3 PZD Meeting 2 View 3 Looking southwest along West Stadium Drive N_ O 0 oQildings shown from left to right: (OJT n �. �DCD (a CD cc CD m � CD o v Q 3 o 3 O T (D N 3 N v CD CO 7 14-5 With balconies covered entry porch. 14-4a With covered entry porch and center brick wall projection and shed roof Key Plan PZD Meeting 3 PZD Meeting 2 View 4 Looking N o Buildings shown from left to right: CD v o (D� (71 n D. D3c4 m (D C � q CD C� CDCD= m o v n 3 d w 3 o m oN. v � southeast along West Stadium Drive 14-4b With a single balcony and covered entry porch 31-6 With boxed gable wall detail and covered entry porch 14-5 With balconies and covered entry porch I Key Plan PZD Meeting 3 PZD Meeting 2 View 5 Looking northeast along West Stadium Drive N O 0 oEgildings shown from left to right: o (D 3 cn C-) D. D3c4 m q � C� CDCD=3 (D o a) n 3 ro d P 3 o NON. v � 31-6 With boxed gable wall detail and covered entry porch 31-5 With balconies and covered entry porch Key Plan PZD Meeting 3 PZD Meeting 2 View 6 Looking N_ 0 4ildings shown from left to right: v (OJT n �. �D3� CDCD cc m � CD o v Q 3 W3 O T 3 N - � O N O (O 7 west along West Stadium Drive 14-4b With wall projection and covered entry porch 31-5 With balconies and covered entry porch 32-4 With balconies and covered entry porch Key Plan III 4� , -� y �N 1�~ • wig �'S• r = "•� •:rx% ti .' _...�...�• _ _ - ' i L J }. View 8 Looking northeast from the south side of the development • • ,� PZD Meeting 3 PZD Meeting 2 View 9 Looking N_ O 0 oEoildings shown from left to right: (OJT n �. �DCD (Q CD cc CD m � CD o v Q 3 oWi 3 O T (D N N v 3 o O (O 7 southeast along West Stadium Drive 14-5 With balconies and covered entry porch 14-4a With covered entry porch and center brick wall projection and shed roof 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 i r Undeveloped R ■ .1� I R �F � Q l U r3 Q. { i Multi -Family Residential ' W Multi -Family Reside r p ntial ,'; Subject Properties 03 O �' a Q � r tE i Undeveloped/Parking for Baum Stadium try Mir 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 � Q ' v� z 70 c w ------ — 7 MARTIN LUTHER y �• KING JR BLVD `7 W 11 1 rc z0 1 1 1 1 Urban Cente -----._ !! i j - - �— ___INDIAN TRL _ 1 _ 1 1 � PMIMETFj� p 1 1 Civic i 1 1 InstitutionalROCHIE I Y 1 N I Q g N,p jl Q STADIUMiDR —BAUM DR — Non -Municipal Government Neighborhood Link Regional Link - High Activity 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