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HomeMy WebLinkAboutOrdinance 4971 i ORDINANCE NO. 4971 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 4848, EXTENDING THE EXPIRATION DATE FOR R-PZD 04- 1307 (ASPEN RIDGE) TO JUNE 29, 2007 WHEREAS, after the Aspen Ridge R-PZD was approved in 2004 the City Council amended the Planned Zoning District ordinance to allow a greater period of time for large and complex projects to obtain building permits; and WHEREAS, Aspen Ridge PZD is such a large R-PZD that construction of all necessary public improvements, such as streets, sidewalks, trails, water and sewer mains and other infrastructure improvements, could not be accomplished within the period of time granted; and WHEREAS, the developer of Aspen Ridge has shown considerable progress in recent months in completing public improvements, and building permits are expected to be issued in the near future; 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 repeals and replaces Ordinance No. 4848 that extended the approved plans to December 31 , 2006. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby extends the expiration date of R-PZD 04-1307 (Aspen Ridge) adopted on January 18, 2005 for the applicant to obtain all building permits by June 29, 2007. PASSED and APPROVED this 2nd da of January, 2007. Y rY, � � 'U \1y 0�eqf zc) APPROVED: ATTEST: _ ; FAYETiEVILLE ; 9 ys 9aKANSPc' By: La By: MA oy ��/N1`Go••```` DA COODY, Mayor S NDRA SMITH, City Clerk/Treasurer l0? ALDERMAN AGENDA REQUEST FORM q cl 7 1 �- W o y -/3P7 FOR: COUNCIL MEETING OF January 02, 2007 FROM: Brenda Thiel ORDINANCE OR RESOLUTION TITLE AND SUBJECT: Aspen Ridge Planned Zoning District - Project Extension AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 4848, EXTENDING THE EXPIRATION DATE FOR R-PZD 04-1307 (ASPEN RIDGE) APPROVED FOR AGENDA: 100 iaur za bL Alderman Date \Oak' & . 41 / -0 Je em P4 Date DireZtdr of Current Planning Town Creek Construction & Development RE: Aspen Ridge Townhomes December 28, 2006 113 W. Mountain Fayetteville, AR Dear Alderwoman Thiel, We would like to request an extension on the requirement for obtaining our building permits at our Aspen Ridge Project, located at 6'h & Hill Ave in Fayetteville. We are currently completing the sidewalks on Phase I and we are working on the entrance area for Phase II. The contractor that was formally employed by us has delayed the project. The site work subcontractor and the general contractor was unable to complete the work on time, due to poor performance and other delays from their lack of management on the project. Both of these companies have been terminated and we are currently working with new contractors for the remaining work. We are requesting an extension of 180 days to complete all of the remaining civil work required. The landscaping around the buildings will be finished as the buildings are completed. We will also pave each of the alleyways as we complete each building section. We appreciate your consideration in this matter and we are very excited about the future of this project. The continued improvements in the southern corridor of Fayetteville will greatly enhance all of the citizens of this area. Sincerely, Hal Forsyth President Town Creek Construction & Development, LLC City Council Meeting of January 02, 2007 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 Y Date: December 28, 2006 Subject: Aspen Ridge Planned Zoning District Expiration RECOMMENDATION Planning staff recommends approval of an ordianance repealing and replacing Ordinance No. 4848, waiving the Unified Development Code, §166. 20 Expiration of Approved Plans and Permits for Aspen Ridge R-PZD and extending the expiration date for R-PZD 04-1307 (Aspen Ridge), with the condition that all building permits be obtained by the applicant prior to June 29. 2007 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 that allows 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. The one-year time frame expired in January of 2006; the City Council approved an ordinance permitting an extension of that time frame for all building permits to be obtained by December 31 , 2006, thus if all building permits are not obtained by this date, the project (and PZD zoning) will be null and void. The applicant has installed a great deal of the required public infrastructure for this project, including most streets, sidewalks, curb and gutter, storm drainage, etc. However, in order for the applicant to obtain building permits for the project, all public City Council Meeting of January 02, 2007 Agenda Item Number improvements have to be installed or guaranteed. The resulting guarantee in the form of a letter of credit, cash, or bond approaches $500,000. All other requirements to obtain building permits for this project have been met.. The applicant has indicated several issues with contractors have created delays in the past year. 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 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 leave this project unfinished. Staff proposes a time limit on the extension of the approval of approximately 180 days to expire on June 29, 2007. 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. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 4848, EXTENDING THE EXPIRATION DATE FORAR- PZD 04-1307 (ASPEN RIDGE) TO JUNE 29,E 2007. // WHEREAS, after the Aspen Ridge R-PZD was approved`in ' 2004 the City Council amended the Planned Zoning District ordinance to allow a greater peri* of time for large and complex projects to obtain building permits; and WHEREAS, Aspen Ridge PZD is such �a large R-PZDt1bat construction of.all necessary public improvements, such as streets, sidewalks, t afis%s,�watei and sewer, mains and other infrastructure improvements, could not be accomplished within the the period of time:granted; and WHEREAS, the developer of A pen RiA Ifdge has s owh�onsiderable progress in recent months in completing public improvements and building permits are pected to be issued in the near future; NOW, THEREFORE, BE IT ORDAINED BY TME CITY COUNCIL OF THE CITY OF FAYETTEVIIL.LE, ARKANSAS: Section 1 : Tfiat the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces Ordinance No. 48148that xe tended-the approved plans to December 31 , 2006. Section 2: That-the City� Council of the City of Fayetteville, Arkansas hereby extends the expiration date of R=.PZD 04- Ijp (Aspen Ridge) adopted on January 18, 2005 for the applicant to obtain all building�permits•by June 29, 2007. PASSED and APPROVED this_day of � 2007. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA SMITH, City Clerk r 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. "5ili""lifn„ PASSED and APPROVED this 215/ day of March, 2006. APPROVE ATTEST: = ; FAYETTEVILLE ' sy �'KAN`: •'J By: By: ,. A COODY, Mayor S NDRA SMITH, City Clerk 031,11 2p . . City of Fayetteville �O�7� qg � Staff Review Form �l City Council Agenda Items �}Waivt )(pbp�� or !C'f}LbDN t3a� Contracts 21 -Mar-06 City Council Meeting Date Jeremy Pate 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 n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # nla Depa Ment Dir for Date Original Contract Date: nla Original Contract Number: n/a City Attorney Received in CY9 Clerk's ffice N� 22 L Finance a Internal Service Director Dale Received in Mayor's Office Mayor Date Comments: Crafton , 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, Crafton, Tull & Associates, Inc. )(47�c- Matt Crafton, P.E' 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 j i ORDINANCE NO, 4622 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 04-1307, ASPEN RIDGE LOCATED SOUTH OF 6 .. STREET, WEST OF HILL AVENUE, NORTHEAST OF IITM 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 I above. PASSED and APPROVED this 18a' day of January, 2005. APR OV By: D CO DY, Mayor By: rr SONDRA SMITH, City Clerk •�\1Y 0 SGS : FAYETIE4ILLE : ��''.;y0T ON�CI��°�. EXHIBIT "A" R-PZD 04-1307 PART OF THE SOUTH ''/i OF THE SW %4 OF SECTION 16, AND A PART OF THE NORTH '/ OF THE NW '/4 OF 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 '/, OF SAID SECTION 21, SAID POINT BEING AN EXISTING IRON• PIPE; THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST /40F 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 S02049'041W 204.82 FEET; THENCE SOUTH 87°04'09"E 139.00 FEET; THENCE S02048'485W 293.00 FEET TO A SET /211 IRON REBAR; THENCE N87005'54"W 183.58 FEET TO AN EXISTING IRON; THENCE S02048700"W . 181 .27 FEET; THENCE 58704102"E 84.31 FEET, TI4ENCE S02040'05"W 79.86 FEET; THENCE S37°07'407'E 39.06 FEET THENCE S07040'05"W 15.00 FEET; THENCE N87°18'29"W 65. 13 FEET THENCE S02040117"W 13.01 FEET; THENCE N87°13 ' 13"W 222.57 FEET; THENCE NO20392077E 98.08 FEET; THENCE N87°11 '50"W 222.77 FEET; THENCE N87°13'26W 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 k WAY LINE OF SAID RAILROAD N35°29'31"E 52.81 FEET; THENCE N32°17'21 "E 103.24 FEET; THENCE N28°25'22"E 103.51 FEET; THENCE N24°16'00"E 103.08 FEET; THENCE N21019130"E 102.24 FEET; THENCE N18°44'44'T 102.31 FEET; THENCE N17042'23"E 150.90 FEET; THENCE N19°09'44"E 46.21 FEET; THENCE Nl9°55'12"E 130.59 FEET; THENCE N24°20'1WE 111.27 FEET; THENCEN28°56'24''E 112.03 FEET; THENCE N33022101E 78. 14 FEET; THENCE N36027'09"E 61.08 FEET; THENCE N40°40'51 "E 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 6TM STREET); THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY S87041242"E 40.98 FEET TO AN EXISTING AHC MONUMENT; THENCE S87°40'49"E 26.16 FEET TO AN EXISTING AHC MONUMENT; THENCE S88°18'0"E 3.15 FEET; THENCE LEAVING SAID RIGHT OF WAY S01°44'5017W 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 S16°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. City Council Meeting Mining January 18, 2005 Page I of ] ] • Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody • - Ward I Position 2 - Brenda Thiel City Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Ward 2 Position 2 Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith 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 Authority Board: Robin Ross & Deborah Olsen: 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fu) accessfayetteville.org