HomeMy WebLinkAboutOrdinance 4848 ORDINANCE NO, 4848
AN ORDINANCE TO WAIVE § 166.20 EXPIRATION OF
APPROVED PLANS AND PERMITS FOR R-PZD 04- 1307
(ASPEN RIDGE)
WHEREAS, after the Aspen Ridge R-PZD was approved the City Council amended
§ 166.20 to allow a greater period of time before an approved PZD must have all building permits
issued; and
WHEREAS, Aspen Ridge is such a large R-PZD that construction of the streets, water
mains, sewer mains, sidewalks, trail and other infrastructure improvements could not be
accomplished so that all building permits could be obtained within one year of approval.
NOW, THEREFORE, 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 waives the
one year time limitation of R-PZD 04- 1307 (Aspen Ridge) adopted on January 18, 2005 to
obtain all building permits and extends that period to December 31 , 2006.
PASSED and APPROVED this 2151 day of March, 2006. ^U�.'&SYOF . Gp�
APPROVE ATTEST: c ; FAYETTEVILLE ;
:9J •q�'kANSP�J�',
By: By: � y�NGTON G�`��•
A COODY, Mayor S NDRA SMITH, City Clerk
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City of Fayetteville 3V 1 Io4'
Staff Review Form �� ,,1
City Council Agenda Items Walv-t *001
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Contracts
21 -Mar-06
`p City Council Meeting Date
Jeremy Pate`s Planning Operations
Submitted By Division Department
Action Required:
Approval of a waiver from the Unified Development Code Ch. 166.20 Expiration of Approved Plans and Permits, to permit an
extention for the Aspen Ridge Planned Zoning District until December 31 , 2006.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
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Account Number Funds Used to Dale Program / Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
3 ��' 0� Previous Ordinance or Resolution # n/a
Depa ment Dir for Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney >
Received in CjK Clerk's ffice
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Finance a Internal Service Director Date
Received in Mayor's Office1XI 1:11
Mayor Date
Comments:
City Council Meeting of March 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: March 02, 2006
Subject: Aspen Ridge Planned Zoning District Expiration
RECOMMENDATION
Planning staff recommends approval of a waiver for Aspen Ridge R-PZD from the
Unified Development Code, §166. 20 Expiration of Approved Plans and Permits, with the
condition that all building permits shall be obtained by the applicant prior to December
31 , 2006 or the project shall return through the Planned Zoning District review process,
in accordance with the ordinances in place at the time of submittal.
BACKGROUND
The subject property contains approximately 27.929 acres, located in south Fayetteville,
near the intersection of Hill Avenue and 6'h Street. The City Council adopted an
ordinance granting approval of a Planned Zoning District (R-PZD 04- 1307) on the site on
January 18, 2005. The combination zoning and development action allowed for the
development of 220 condominium units in two phases, along with dedication of 0.86
acres for parkland and 0.36 acres of land for construction of a public trail through an old
railroad corridor. A large tree preservation and deed-restricted wetland area along the
floodplain of the on-site creek is also integrated with the project.
The subject Planned Zoning District was approved in January of 2005, prior to the
adoption of the current Planned Zoning District Ordinance amendments that allow for
larger projects to request a more reasonable period of time in which to obtain building
permits. When this project was approved, there was in place a blanket one-year time
period in which to obtain all building permits associated with the project. While a great
deal of earthwork and infrastructure improvements is taking place, the applicant has not
yet submitted nor obtained building permits for this project. The approval for this PZD
has thus expired. It came to staffs attention while processing an easement plat (one of the
requirements to get a building permit) that this project had indeed expired and we can not
continue processing building permits for the subject property. Given the large and
complicated nature of the project, as well as the additional submittal requirements under
the new PZD ordinance, staff would support a waiver from the Unified Development
Code to allow for this project to continue in the process of obtaining building permits
without having to halt all construction and process a new Planned Zoning District
application through the development review process, also meeting all new submittal
City Council Meeting of March 21 , 2006
Agenda Item Number
requirements. We feel it is evident the applicant/developer is actively pursuing the
development of this project, which was the intent of the ordinance adoption, and it is not
the applicant' s intent to complete the earthwork and let the project sit stagnant. Staff
proposes a time limit on the extension of the approval of approximately 10 months, to
expire on December 31 , 2006. All building permits for Aspen Ridge PZD would have to
be obtained for this project by that date, or the approvals would expire without the ability
to request renewal by the Planning Commission.
DISCUSSION
None.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO WAIVE § 166.20 EXPIRATION OF
APPROVED PLANS AND PERMITS FOR R-PZD 04- 1307
(ASPEN RIDGE)
WHEREAS after the Aspen Ridge R-PZD was approved, the City Council amended
§ 166.20 to allow a greater period of time before an approved PZD must have all building permits
issued; and
WHEREAS, Aspen Ridge is such a large R-PZD that construction of the streets, water
mains, sewer mains, sidewalks, trail and other infrastructure improvements could not be
accomplished so that all building permits could be obtained within one year of approval.
NOW, THEREFORE, 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 waives the
one year time limitation of R-PZD 04- 1307 (Aspen Ridge) adopted on January 18, 2005 to
obtain all building permits and extends that period to December 31 , 2006.
PASSED and APPROVED this 7t' day of March, 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Grafton , Tull & Associates, Inc .
901 N. 47th Street, Suite 200, Rogers, AR 72756 479.636.4838 Fax: 479.631 .6224 www.craftull.com
March 2, 2006
Mr. Jeremy Pate
Senior Planner
City of Fayetteville
125 West Mountain Street
Fayetteville, AR 72701
RE: PZD Expiration
Aspen Ridge
CTA Job No. 021111 -00
Dear Mr. Pate:
On behalf of Mr. Hal Forsyth (a.k.a. Town Creek Construction & Development
LLC), we request the city council's consideration to allow the construction of the
Aspen Ridge project to continue. The approval for this project was conditioned
on the PZD only being valid for one calendar year, and the approval was granted
by the city council on January 18, 2005. The city staff approved the
infrastructure construction plans on May 2, 2005 and construction proceeded
shortly after that. Construction has continued steadily since that time, with the
infrastructure on Phase I now nearing completion and work on the Phase II
earthwork, drainage, utilities and streets on-going.
As you know, Aspen Ridge is a large and very complex project. Due to the size
and complexity, completion of the project within a year of the PZD approval was
not possible. Mr. Forsyth intends to obtain building permits for all of the buildings
no later than December 31 , 2006.
We appreciate your assistance with this project and ask that the city council look
favorably on this request. When completed, we believe Aspen Ridge will be one
of the premier housing developments in the region, aiding the city in its goal to
revitalize south Fayetteville and setting a high standard for quality in the city.
Sincerely,
Crra�afffton, Tull & Associates, Inc.
Matt Crafton, P. L'
Chief Operating Officer
A r c h i t e c t s E n g i n e e r s & S u r v e y o r s
ORDINANCE NO. 467.2
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 04- 1307,
ASPEN RIDGE LOCATED SOUTH OF 6TH STREET,
WEST OF HILL AVENUE, NORTHEAST OF IIT"
STREET ALONG TOWN BRANCH CREEK
CONTAINING APPROXIMATELY 27.969 ACRES,
MORE OR LESS; AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF FAYETTEVILLE; AND
ADOPTING THE ASSOCIATED RESIDENTIAL
DEVELOPMENT PLAN AS APPROVED BY THE
PLANNING COMMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From RMF-24, Residential Multi Family, 24 units per
acre, to R-PZD 04- 1307 as shown in Exhibit "A" attached
hereto and made a part hereof.
Section 2: That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the plat and approved by
the Planning Commission on December 13, 2004.
Section 3 : That this ordinance shall take effect and be in full force at such time as
all of the requirements of the development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 180' day of January, 2005.
APPROkCO
By:
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DDY, Mayor
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By. SONDRA SMITH, Cit Clerk `G�EFK/TR�S
City A- GST Y pF, ;P
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EXHIBIT "A"
R-PZD 04-1307
PART OF THE SOUTH %z OF THE SW '/4 OF SECTION 16, AND A PART OF THE
NORTH %z OF THE NW /40F SECTION 21 , T- 16-N, R-30-W, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING A THE NORTHWEST CORNER OF THE NORTHEAST /40F THE
NORTHWEST /40F SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON
PIPE; THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST %4 OF
THE NORTHWEST '/4 OF SAID SECTION 21 A DISTANCE OF 5.92 FEET TO THE
POINT OF BEGINNING; THENCE S87°04'09"E 418.49 FEET; THENCE S02°49'04"W
514. 14 FEET; THENCE N87°04'09"W 424.40 FEET TO A SET ''/2" REBAR; THENCE
S02049'04"W 204.82 FEET; THENCE SOU'T'H 87004'0911E 139.00 FEET; THENCE
S0204814819W 293.00 FEET TO A SET %2" IRON REBAR; THENCE N87005'5421W 183.58
FEET TO AN EXISTING IRON; THENCE S02°48'00"W 181 .27 FEET; THENCE
S8704102"E 84.31 FEET, THENCE S02040705"W 79.86 FEET; THENCE S37°07'40'T
39.06 FEET THENCE S07040'051W 15.00 FEET; THENCE N87° 18'29"W 65. 13 FEET
THENCE S02040' 17"W 13.01 FEET; THENCE N87013' 13"W 222.57 FEET; THENCE
N02039TTT 98.08 FEET; THENCE N87° 11 '50"W 222.77 FEET; THENCE N87'13'26"W
514.88 FEET TO AN EXISTING IRON ON THE EAST RIGHT OF WAY LINE OF THE
BURLINGTON NORTHERN RAILROAD; THENCE ALONG THE EAST RIGHT OF
WAY LINE OF SAID RAILROAD N3502973177E 52.81 FEET; THENCE N32° 17'21 "E
103.24 FEET; THENCE N28025 '2291E 103.51 FEET; THENCE N24°16'00"E 103.08 FEET;
THENCE N2101913011E 102.24 FEET; THENCE N18044'44"E 102.31 FEET; THENCE
N 17°42 '23"E 150.90 FEET; THENCE N 19°09'44"E 46.21 FEET; THENCE N19°55' 12"E
130.59 FEET; THENCE N24'20' 10"E 111 .27 FEET; THENCE N28°56'24"E 112.03 FEET;
THENCE N33022101E 78. 14 FEET; THENCE N36°27'09"E 61 .08 FEET; THENCE
N40040'511113 107.01 FEET; THENCE S86° 14'53"E 62.45 FEET TO AN EXISTING IRON
ON A 1381 .79 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY
ALONG SAID RIGHT OF WAY AND CURVE 417.54 FEET, THE CHORD FOR WHICH
BEING N51038145"E 415.96 FEET, TO AN EXISTING ARKANSAS HIGHWAY
COMMISSION RIGHT OF WAY MONUMENT ON THE SOUTH LINE OF ARKANSAS
HIGHWAY 180 (WEST 6"{ STREET); THENCE ALONG THE SOUTH RIGHT OF WAY
LINE OF SAID HIGHWAY S87041 '42"E 40.98 FEET TO AN EXISTING AHC
MONUMENT; THENCE S87040'49"E 26. 16 FEET TO AN EXISTING AHC
MONUMENT; THENCE S88°18'0"E 3. 15 FEET; THENCE LEAVING SAID RIGHT OF
WAY SO1044'5071W 153.30 FEET; THENCE ON A CURVE TO THE RIGHT WITH A
RADIUS OF 315.50 FEET AND A DISTANCE OF 81 .06 FEET; THENCE S 16°28' 1 "W
8.54 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 215.50 FEET
A DISTANCE OF 40.68 FEET TO THE POINT OF BEGINNING, CONTAINING 27.969
ACRES, MORE OR LESS, FAYETTEVILLE, ARKANSAS. THE ABOVE DESCRIBED
27.969 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF DUNCAN
AVENUE, ANDERSON PLACE, HILL AVENUE AND ALL EASEMENTS AND/OR
RIGHTS OF WAY OF RECORD.
I
City Council Meeting Minutes
January 18, 2005
Page 1 of 11
Aldermen
Ward 1 Position I - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position 1 - Kyle B. Cook
City y Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smith ieTayve �/� Ward 3 Position 2 — Bobby Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City Council
Meeting Minutes
January 18, 2005
A meeting of the Fayetteville City Council was held on January 18, 2005 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan,
Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
State of the City Address :
Mayor Dan Coody gave the State of the City Address. A copy of the address is attached.
Election of the Vice Mayor:
Alderman Lucas moved to appoint Alderman Jordan to serve as Vice Mayor. Alderman
Marr seconded the motion. Upon roll call the City Council unanimously voted for
Alderman Jordan to become Vice Mayor.
Board Appointments by the Fayetteville Housing Authoritv Board: Robin Ross & Deborah
Olsen
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City Council Meeting Minutes
January 18, 2005
Page 2 of 1 I
Alderman Marr moved to approve the Housing Authority Board appointments. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
CONSENT:
Approval of the Minutes : Approval of the December 7, 2004, December 28, 2004, January 4,
2005, and January 6, 2005 City Council meeting minutes.
The January 4, 2005 and the January 6, 2005 meeting minutes were pulled from the
agenda.
ESRI, Inc. Annual Maintenance Agreement: A resolution approving the annual maintenance
agreement in the amount of $28, 124.72 with ESRI, Inc. for Geographic Information System
(GIS) software maintenance and upgrades.
Resolution 09-05 as Recorded in the Office of the City Clerk.
Hansen Technology, Inc. Purchase Request: A resolution approving a purchase request to
Hansen Technology, Inc. in the amount of $55,086.88 for 2005 service and maintenance fees.
Resolution 10-05 as Recorded in the Office of the City Clerk.
Pumping Unit Purchase: A resolution approving the purchase of one ( 1 ) portable, hydraulic-
powered centrifugal pumping unit from Thompson Pump and Manufacturing Co., Inc. in the
amount of $24,431 .50.
Resolution 11-05 as Recorded in the Office of the City Clerk.
McClelland Consulting Engineers, Inc. Contract (Wedington Drive): A resolution
approving a contract with McClelland Consulting Engineers, Inc. in an amount not to exceed
$54,000.00 for survey and preliminary design services for water and sewer relocation for
highway improvements to Wedington Drive.
Resolution 12-05 as Recorded in the Office of the City Clerk.
McClelland Consulting Engineers, Inc. Contract (Razorback Road): A resolution approving
a contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $22,800.00
for survey and preliminary design services for water and sewer relocation for highway
improvements to Razorback Road.
Resolution 13-05 as Recorded in the Office of the City Clerk.
Police Vehicle Purchase: A resolution authorizing the purchase of thirteen ( 13) Ford Crown
Victoria Police Interceptors from the North Point Ford of Little Rock at a total cost of
$261 ,989.00.
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City Council Meeting Minutes
January 18, 2005
Page 3 or I I
Resolution 14-05 as Recorded in the Office of the City Clerk.
Insituform Technologies, Inc. Contract Renewal: A resolution approving a contract renewal
with Insitufonn Technologies, Inc. ; and authorizing the expenditure of an amount not to exceed
$338,250.00 for sanitary sewer lining services.
Resolution 15-05 as Recorded in the Office of the City Clerk.
South Fayetteville Community Development Corporation Fee Waiver: A resolution to waive
the building permit fee and other developmental fees for homes to be constructed by the South
Fayetteville Community Development Corporation.
Resolution 16-05 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda with the January 4 and January
6 meeting minutes removed. Alderman Lucas seconded the motion. Upon roll call the
motion passed unanimously.
UNFINISHED BUSINESS :
RZN 04-1330 (Dunnerstock) : An ordinance rezoning that property described in Rezoning
Petition RZN 04- 1330 for property located on the west side of Rupple Road containing
approximately 19.84 acres from RSF- I , Residential Single Family, One Unit per Acre to RSF-4,
Residential Single Family, Four Units per Acre. This ordinance was left on the second reading
at the January 4, 2005 City Council Meeting.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Rhoads was absent during the vote.
Ordinance 4671 as Recorded in the Office of the City Clerk.
R-PZD 04- 1307 (Aspen Ridge): An ordinance establishing a Residential Planned Zoning
District titled R-PZD 04- 1307, Aspen Ridge located south of 6l Street, west of Hill Avenue,
northeast of I Ith Street along Town Branch Creek containing approximately 27.969 acres, more
or less; amending the Official Zoning Map of the City of Fayetteville; and Development Plan as
approved by the Planning Commission . This ordinance was left on the second reading at the
January 4, 2005 City Council Meeting.
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City Council Meeting Minutes
January 18, 2005
Page 4 of I I
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Cook stated he would have to recuse from this vote.
Alderman Thiel: I would like to compliment Mr. Broyles, the owners and the other developers
of this project. They have gone out of their way; I think Mr. Broyles has inparticularity, visiting
with the neighborhood and addressing the impact of the stream. They have also worked with the
Audubon representatives on ways they can protect and enhance the water way. 1 have had and
the neighborhood has had a lot of concerns about potential flooding at this project. The more I
have visited with Mr. Broyles and looked at this project, we have to depend upon the engineers
that they will design this properly. The city has a good staff of engineers that will oversee this
project. They have to guarantee that they will not increase the problem; they can't guarantee that
they will make it better but they have to guarantee that their project will not increase it. One
thing that has been pointed out is that the water way will probably, through this project, stay
much cleaner than it has over the past few years. Some of the debris and so forth that gets in this
water way contributes to some of the flooding downstream. I think that in itself is valuable that
the stream will be kept cleaner. I at this point will probably support this project. I think it will
certainly enhance that neighborhood. I am really glad that most of the project is going to be
owner occupied; I think that complements that neighborhood.
Mitch Woody: I am all for this project. Most of the residents that live around there feel like it
is a lot better to have beautiful town homes than to have what was there before. The Planning
Commission, Mayor and city officials have done a lot of hard work to make this project go
through. As a former real estate broker from Texas 1 can appreciate that hard work.
He handed out a packet to the City Council that showed the extension of Brooks Avenue from
Phase 2 of Aspen Subdivision. It shows that Brooks Avenue will be built and tie in with Twelfth
Street. He said there are 12 families living on Twelfth Street and that they are very happy with
the way it is now but progress has to go on. It is a dead end street right now. He is concerned
with the possibility of in the future extending Brooks Street all the way to Fifteen Street.
Originally when the subdivision was platted to show the street, Brooks Avenue was going all the
way to Fifteenth Street, it was vacated back to the property owner in 1993. He said as it stands
right now the only options that we have would be to tie it in with Twelfth Street which wouldn't
be that bad.
Mr. Woody explained the map that he presented to the City Council and the different routes
around this area. He also discussed the traffic study that was completed in this area. He stated
he did not feel the numbers were accurate. He stated the engineers are from Little Rock and it is
difficult for them to tell what the traffic flow actually is. He stated he is concerned about their
numbers.
► am not here to try to put a halt to this. I believe the project should go through rapidly. I just
wanted to let everyone know how we feel around the neighborhood. Mayor Coody indicated
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