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.
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APPROVED: ATTEST: _ ; FAYETiEVILLE ; 9
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By: La By: MA oy ��/N1`Go••````
DA COODY, Mayor S NDRA SMITH, City Clerk/Treasurer
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ALDERMAN AGENDA REQUEST FORM
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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
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City of Fayetteville �O�7�
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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:
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City Council Meeting Minutes
January 18, 2005
Page 2 of II
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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Resolution 14-05 as Recorded in the Office of the City Clerk
Insituform Technologies, Inc. Contract Renewal: A resolution approving a contract renewal
with Insituform 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-1, 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 6th Street, west of Hill Avenue,
northeast of 11 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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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. I 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 I 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.
I 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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Page 5 of II
today that Mr. Dumas and Mr. Pate were going to try to put together a package for the Mayor so
the Mayor could contact Pinnacle at some future date and see if they wouldn't agree to donate a
strip of land through there for the street. Of course we couldn't ask the developer to come back
and put a street in after everything is already done. Mr. Dumas suggested that the City might
later put in a street through a street improvement project. It is really needed. I would like to
thank the Mayor for working with us and talking to Pinnacle.
Mayor Coody: I did hear from Pinnacle this afternoon and they said the immediate answer was
no but they were going to kick it up the chain of command.
Mitch Woody: Whatever you can do in the future. I would hope that the City Council would
agree that that street is needed. Thank you so much. I know it is a lot of hard work and this is a
great project.
Aubrey Sheppard a resident of the neighborhood: I agree with most everything everybody said.
I was asked the last time I. was here who has problems with this. I said a lot of people feel that if
they take the trouble to come down they do not think they will be listened to. That is a fact. I
talked to one lady and she stated if she comes here and tells people how close that water came to
her house three different times last year and she decides to move and sell, she might not be able
to sell her home because the water goes almost out to the street without getting in her house. Just
a little bit of change in the floodplain up stream could make that difference that is something
hard to guarantee. It is close to being dangerous anytime you live in a floodplain or very near
one. When these houses were built it wasn't a dangerous situation because we didn't have all the
paving on the University campus or a lot of things built up there. Each project that is done from
now on and as it has been for years will increase, as it has, the potential of flooding downstream.
That is why we spoke with Mr. Broyles many times and with this Council about the significance
of being sure that we don't increase it at all if possible. We can't keep a 10 inch rain from
coming and we can't guarantee it won't get up a little higher than it ever has even now. It is sort
of like the global warming argument even if mankind's acts are not causing it then maybe we
still need to be sure that what we do choose to do doesn't aggravate it, if it is occurring naturally.
We know it is occurring for come reason.
He showed the Council some photographs of the property and the water that floods the property.
Alderman Rhoads: Are these the same photographs that are on your website?
Aubrey Sheppard: One of these is on the website the other one isn't.
Alderman Rhoads: Mr. Sheppard are you contending that you are very certain that because of
this development that all these things are going to happen. That people's homes are going to be
flooded or that it is just a possibility.
Aubrey Sheppard: Three times last year the water got very near property.
Alderman Rhoads: Are you contenting it is just a possibility or are you fairly certain that it is
going to happen?
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City Council Mceting Minutes
January 18, 2005
Page 6 of 1I
Aubrey Sheppard: Well, I don't make it rain so I am not going to make it happen but rain
comes and if it should come as it did three times last year and get out of the banks then it's
basically a slew parallel to the town branch.
Alderman Rhoads: Have you talked to' the developers about this issue?
Aubrey Shepperd: Sure. We talked about it first last April as I recall.
Alderman Rhoads: What did they say?
Aubrey Shepperd: They are hoping their engineers get it right so that it can't happen. What I
was pointing out, that I am not sure the engineers concluded, was that the over flow when the
creek gets up as it did last year, then the water gets out there. If that doesn't occur, water goes
down stream faster.
Mayor Coody: Mr. Shepperd what is your recommendation to the City Council?, Are you
asking the Council to deny the development?
Aubrey Shepperd: Not at all. I am not sure I am doing anything but maybe talking about the
future. When you look at developments and when your engineers get plans in, in a water shed
area that may not be identified on a map as an over flow or flood plain area it may not say wet
land. The Corp of Engineers and the Department of Environmental Quality get their information
from what the engineers give them from the site. I think they are hoping that it will not cause
any problems. I don't think that they would willingly create that problem. I would ask them to
adjust those plans a little bit to see that as much of the flood plain is there to allow the water to
flow as it does now. That could possibility help the situation.
Mayor Coody: I know this development has been in the works for about two years and they
have done a lot of changing to the plans. They have worked with our storm water engineers and
the neighborhood extensively to make something that would be palatable to pretty much
everyone.
Aubrey Shepperd: Some of us in the neighborhood have tried to be available every chance we
had to visit with them and look at things with them and they have been very good about that, this
is not a complaint about that at all. Planning Commission when this was finally announced put
one sign on Sixth Street, that didn't show the people that there was development coming
anywhere else down the street or anywhere connected to it. So, people didn't know they should
come to comment except when they were told it would affect them. There was one story in one
of the newspapers that actually mentioned the limits of this development site. I would say we
need to notify more people not just adjacent property owners. Thank you.
Mary Bassett, owner of Bassett Mix Real Estate Company stated she appreciated the
opportunity to speak. She said she is very familiar with this property and what it looked like
before the developers bought it. She stated none of this property was listed. She represented the
developers in acquiring it; they went to each tract of land individually and approached them
about selling their property. The majority of them got more financial gain by these developers
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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City Council Meeting Minutes
January 18, 2005
Page 7 of I I
buying their property. They gave more than the appraised value for many of these properties to
accumulate the property to make it a whole 30 acres that they could develop in a feasible way
and to help in the redefining of south Fayetteville. She stated it is going to be a beautiful project
and she is very proud to represent them.
Melissa Terry with Audubon Arkansas: The developers have been very good about working
with us. Audubon has tried to be a third party to help broker some of this discussion. I think a
lot of the tension that has come up is a natural consequence of some of these downtown areas
getting infilled. The reason they weren't in the first place is because they were problematic
environmentally. Audubon has over the past year and a half worked with the developer and the
neighborhood association. We have invested approximately $200,000 in grant funds along this
drainage. We see this as an investment in green infrastructure, a piece of infrastructure that's
just as important as the city sewer or cable. This infrastructure has vital long term economic
consequences for our community. We will do everything we can to keep working with the
parties and I ask for your support as we go along.
Alderman Lucas: You had originally recommended 28 feet for that street with the idea that it
would be going on to Fifteenth. Should we go back to 28 feet, does that allow a turn lane or why
were you recommending 28 feet?
Jeremy Pate: The initial recommendation for 28 feet would allow on street parking. We were
looking initially at the number of traffic that would be generated and the potential for it to get to
Fifteenth Street. That would probably become much more of a through connection south to
Fifteenth Street. The Planning Commission voted to recommend that go to 24 feet; it is just
connecting to Twelfth. As the traffic study indicates only about 4% of the traffic will leave
Phase 2 along Brooks and then Twelfth Street to go south. I feel comfortable recommending the
24 foot wide street as the Planning Commission has also indicated.
Alderman Lucas: Does that allow a turn lane later?
Jeremy Pate: It does not
Larry Smith voiced his concern about the traffic.
Alderman Thiel: We should be very cautious whenever we vacate streets and alleys. This is a
good example of no one foreseeing this project. I hope everyone understands that this is not
something that we can do without condemning that property and paying money for it. I hope
everyone understands that our hands are kind of tied in trying to make this extension.
Alderman Reynolds: Brenda and I have spent a lot of time in this area, we have done a lot of
extra clean ups, we have taken tons of trash out of this area. When I heard Mr. Broyles was
going to come in and take out these eyesores, which was the worst nightmare this city has ever.
had, those two parks, I thought it was a blessing for us and for our neighborhoods.. For him to
take on a project this size, you are not always lucky enough to get a home town guy to do a job
like this. I know he is going to do a good job and he is going to do it right. I am going to
support the project and I hope the neighbors do too at this point.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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City Council Meeting Minutes
January I8, 2005
Page 8 of I I
Alderman Marr: I want to thank the Audubon, the neighborhood association and the developer
for working together because I do believe we need to push infill development in our city. I think
it keeps us from annexing and putting in infrastructure outside of the core that cost us a lot more
than continuing to invest in areas that are already there. I do realize we are going to have some
difficult situations in doing that. I think it takes creativity to get through that, I appreciate the
people who have done that. I am thrilled that we are having aninfill project in south
Fayetteville.
Alderman Jordan: I
want to be sure that a
24 foot wide street is going to work. I
am a big
proponent of planning
and what might occur.
In your expert opinion we do not need
a 28 foot
street?
Jeremy Pate: A 28 foot wide street is considered a local street it handles 3,000 to 5,000 vehicle
trips per day. That is not something we anticipate in this area. The 24 foot wide street in our
Master Street Plan is considered a residential street and is probably more appropriate in this area.
Most of the streets are actually a little wider and Twelfth Street is approximately 31 feet wide. It
was developed like that to meet our ordinances in the past. The amount of traffic will probably
never get to that point. We feel it is an adequate number at this point. It will allow for on street
parking. Many of the streets downtown that handle much the same amount of traffic are the
same width or narrower.
Alderman Lucas; If we do get the street through to Fifteenth Street will there be room for a
turn lane?
Jeremy Pate: Yes that could be accommodated.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Cook recused.
Ordinance 4672 as Recorded in the Office of the City Clerk.
Downtown Master Plan Redevelopment District Number Two Adoption: An ordinance
forming the Downtown Master Plan Redevelopment District Number Two pursuant to
Amendment 78 of the Arkansas Constitution and authorizing the preparation of a project plan.
This ordinance was left on the first reading at the January 4, 2005 City Council Meeting.
Mayor Coody: I suspect this will be tabled at this meeting?
Kit Williams: Mr. Mayor I think you are correct on that, at this point until we have some
resolution from the legislative or more likely from the courts I think that the TIF Districts, all of
them in the State are kind of up in the air. My recommendation would be that you simply move
to table this district indefinitely and then if something changes in the future we can bring it back.
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PC Meeting of December 13, 2004
THE CITY OF FAYETTEVILL.E..ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Brent O'Neal, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: December 08, 2001 Revised 12-16-04
R-PZD 04-1307: Planned Zoning District (ASPEN RIDGE, 522/561): Submitted by MATT
CRAFTON CRAFTON, TULL & ASSOC. for property located at THE SW CORNER OF HWY
62, S ON HILL AVENUE AND BORDERED BY 11TH STREET AND THE BURLINGTON
NORTHERN RR. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and
contains approximately 27.969 acres. The request is to approve a Residential Planned Zoning
District with 220 condominiums in two phases proposed.
Property Owner: HANK BROYLES Planner: JEREMY PATE
Findings:
Property Description; The property consists of a total of 27.969 acres located in south
Fayetteville, south of Hwy 62 (6'h Street), west of Hill Avenue, east of the Railroad, along Town
Branch Creek. The property previously was inhabited by a mobile home park, which was
recently removed by the applicant. Several tons of trash, debris, tires, etc. were separated and
removed from this property, beginning the cleaning up process. A total of 49 mobile homes and
6 single family homes were removed in an effort to combine the property for development. The
applicant has contributed much time and money in an effort to clean this particular site, which is
not readily recognized in the development review process. Approximately half of the site is
underneath tree canopy, the majority of which is located along College Branch Creek, a stream
K.-IReportsl20041PC Reports112-I3-041R-PZD 00-1307 (ASPEN RIDGE) REVISED.doe
that bisects the site north and south. This stream, and associated runoff from surrounding
development, has been the source of many neighborhood concerns in past years, due to high
water, flooding and debris being washed into and down the creek during heavy rainfalls. There
are existing wetlands in the area, as well, much of which the developer is proposing to retain or
enhance.
Existing Development: The site is currently vacant, with remnants of the previous mobile home
park development evident.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Hwy 62 — 6th Street, busy arterial
RMF-24, C-2
South
Pinnacle Foods, Single Family
homes, approved MF development
I-2, RMF-24
East
SF homes, Coors, Brenda's Burgers
RMF-24, I -I
West
Burlington -Northern Railroad
RMF-24
Proposal: The applicant requests a rezoning and large scale development approval for a
residential development within a unique R-PZD zoning district. The proposed use of the site is
for a condominium -style development consisting of 220 attached residential dwelling units. Two
separate phases are identified. Phase I consists of 113 units on the east side of College Branch
Creek, and Phase I1 consists of 107 units on the west side of the creek. A future Phase III
consisting of mixed -use office/retaillcommercial is indicated on the site plans at the comer of 6a'
Street and Hill Avenue, but is not the subject of this request.
Process: Currently, the project proposal is submitted as one large tract of land, consisting of
27.969 acres. There are several independent parcels that create this tract, all of which are being
combined into one for the purposes of development Plans consist of all proposed buildings,
parking, driveways, public and private streets, landscaping, tree preservation and mitigation,
wetland mitigation, parkland dedication, trail construction, public utility extensions, etc.,
typically reviewed with a Large Scale Development. The developer intends to construct the
project much as a typical multi -family development, with all structures, public infrastructure and
utilities being constructed simultaneously. Though the process by which the request is being
reviewed is a Large Scale Development consisting of 220 condominiums, the intent is to sell
each of the 220 townhomes as a single-family residence and plat each townhome as a separate lot
once the infrastructure has been constructed and the exact locations of the buildings are set in the
field. `
To clarify, a condominium and townhome are distinct from one another: Condo unit owners
own the inside of their units. Townhouse owners own the complete unit, including exterior
surfaces and the land on which the unit is built. .
Condominium: a multiple -unit complex, the units of which are individually owned, with each
owner receiving a deed to the unit purchased ... and sharing in joint ownership of any common
grounds, passageways, etc. (through an established POA/HOA) (paraphrased from Webster 's
IC %Reporn{20041PC Reporesl i2-13-04IR-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
College Dictionary, 1991). This type of dwelling unit typically does not have land attached to its
deed, ills merely the unit alone, inside the walls of the structure.
Townhome: a row house on a small lot, which has exterior limits common to other similar
units. Title to the unit and its lot is vested in the individual owner with a fractional interest in
common areas, if any. (Source: mortgagewarehousemb.com) A townhouse is a home that is
attached to one or more other houses, but which sits directly on a parcel of land that you also
own (if you don't own the land, it is a condominium).
In order toplat individual lots for the townhomes in the future, an amended Planned Zoning
District plat will have to be processed and approved by the Planning Commission and City
Council, at that time. This will likely take the form of a Concurrent Plat, if it meets the
appropriate criteria. Otherwise, a Preliminary and Final Plat process will be required.
Proposed Land Uses.
• Use Unit 1: City-wide Uses by Right
• Use Unit 8: Single Family Dwellings
• Use Unit 26: Multi -family Dwellings — Townhouse development, more than three
attached units. `
The total proposed number dwelling units on the 27.969 -acre site is 220, therefore the proposed
density for the R-PZD is 7.87 DU/acre. The project site is currently zoned RIM -24, allowing
for a much higher density of development as a traditional multi -family complex. The potential
for a townhouse -style division of land, the inclusion of the public trail system, a public park, a
large Tree Preservation and riparian corridor protection area, the challenges presented by
existing natural conditions (drainage, slope and railway); all of these contribute to the need to
process a Planned Zoning District in order for the best project to result for both the applicant and
the city.
Building Setbacks: Building setbacks are proposed as indicated on the plat. Most setbacks are 8
or 10', with an exception at the 6'" Street frontage (20 feet) and Duncan/I 1a' Street frontage (25
feet).
Building Height: Maximum building height shall be 40 feet.
Greenspace: 51.6% Impervious (greenspace), 48.4% pervious (streets, buildings, trail, parking)
Wetlands: A small percentage of wetlands on the property are being filled and mitigated for in
the riparian corridor along Town Branch Creek. As part of the Corps of Engineers permit to do
so, a buffer area is to be deed -restricted for protection from future development. A portion of this
area will also serve as the Tree Preservation and mitigation area.
Water & Sewer: Water and sewer lines are being extended to serve the development. The
applicant is extending public lines to service each unit individually, in order to legally subdivide
the property in the future.
A':IRepor:s120041PC Repofs112-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
Access: Access is from several streets in the area:
North: 6th Street (one-way entrance and exit, with a right -rum only allowed when
exiting)
South: Phase I has no access across the creek.
Phase II : I1th and Duncan
Brooks Avenue and 12th Street. This separate access point is
recommended to provide a safe means of access into Phase II and
alleviate potential congestion at the intersection of 11'h and
Duncan.
East: Phase I access east to Hill Avenue.
Phase II access south and east onto Duncan/l Ith/12th Streets.
West: No access is available over the railroad.
The ingress/egress to the proposed 113 units in Phase I is from 6th Street and Hill Avenue. Based
on a traffic study prepared for this project, a turn lane and widening of the intersection is
warranted at Hill and 6th Street due to the increase in number of vehicle trips per day, and plans
by the developer have been prepared accordingly. Ingress and egress to Phase II is more difficult,
due to the lack of frontage for this particular parcel. Staff has recommended, and the developer
consented, to constructing an additional means of access within platted right-of-way known as
Brooks Avenue, to connect to the portion of 12th Street that is constructed. The other entrance to
this phase is at the comer of 11th and Duncan, which has been reviewed and determined to be
satisfactory by the Engineering Division.
Interior to the project; public streets are being provided within a varying right-of-way, with
sidewalks on both sides in most cases. Staff recommends that where possible, the sidewalk be r.
located at the right-of-way line, with a minimum distance of six feetfrom the curb, to meet
Master Street Plan requirements.
Adjacent Master Street Plan Streets: 6th Street (Principal Arterial), Hill Avenue, 11th Street,
Duncan Avenue (Historic Collector)
Street Improvements: Staff recommends street improvements to surrounding streets to bring
them to a safe and adequate level of service for the additional units proposed in this area. A
significant number of units are being added to this area, and much of the property being
developed has no direct frontage onto adjacent right-of-way. The following are staffs street•
improvement recommendations for the developer to meet ordinance requirements for this
development's proportionate share:
• Repair the broken pavement on I l' Street, directly south of the proposed intersection at
the comer of 1 I th and Duncan, as part of the improvements to this stretch of street.
• Continue the existing sidewalk on the north side of 11'h street to connect the proposed
sidewalk on Greystone Drive (approximately 20 feet).
• Complete the curb and gutter on the south side of 11th street from the bridge west to the
constructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of
curb (approximately 240 feet in length).
• Widen the intersection at Hill Avenue and 6'h Street, including a turn lane, the cost of
relocating traffic signals and any necessary costs to add a left -turn signal to the existing
K.'IReportr120041PC Reporu112-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.dac
signal system. (Recommended in traffic study)
Improve that portion of Hill Avenue adjacent to the subject property where necessary, to
conform to City specifications. A six-foot sidewalk is required, at the right-of-way line.
Relocate the sidewalk along 6th Street to transition from the railroad bridge to the Master
Street Plan right-of-way line along the frontage of this project.
Construct a secondary means of access to Phase II; The applicant proposes to construct a
24 -foot wide public street within existing platted right-of-way of Brooks Avenue and
turning south to connect to 120' Street. The Master Street Plan calls for a 28 -foot wide
street in this location, based on the platted right-of-way and number of vehicle trips per
day to be generated. The applicant disagrees with this recommendation, stating the
Traffic Study indicates only 4% of all traffic from Phase II will utilize Brooks Avenue.
Based on this same report, the following is applicable: '
o Phase II will generate approximately 627 vehicle trips per day.
o Figure 3 of the Traffic Report indicates slightly more vehicles will travel south
from Phase II than north (358 vs. 303) in a 24 hour period.
A 24 -foot wide Residential Street is designed to serve a range of 300-500 vehicles per day,
•maximum,. Should /2 of the traffic within Phase II of the development travel. south, many of them
will utilize the Brooks Avenue access. Typical traffic calculations by the City of Fayetteville,
when two access points are provided, are based on '/2 of the traffic potentially traveling in either
direction. This would result in approximately 313 vehicles trips per day accessing the Brooks
Avenue access. Additionally, the street to be constructed to provide the only secondary means of
access to this site also fronts onto other properties that are vacant and have the potential to
develop. in the future, thereby increasing their volume. A Local Street, by contrast, is developed
with a 28 -foot width and can support up to 4;000 vehicles per day, per the Master Street Plan.
Staff recommends a 28 -foot wide street be constructed, to transition to the existing 31 -foot wide
120' Street This is based on providing a safe and adequate means of access to the proposed
development, planning for this development along with potential other developments in the area
that may access the street, and Master Street Plan requirements.
Tree Preservation: Existing:
Preserved:
Mitigation:
52.5%
15.1%
On -site mitigation, to 25% minimum
Parks: The Parks and Recreation board recommends a combination of money, land and services
to meet park land dedication requirements. This will include 0.36 acres of land on which a 12 -
foot public trail is to be constructed by the developer, per the City pf Fayetteville specifications.
In addition, approximately 0.86 acres of land on the southem-edge of the property is to be
dedicated as a public park- Credit will be applied to the developer to account for 55 existing
inhabited homes that were removed from the property. If remaining fees are due above and
beyond the requirements herein, they will be applied to amenities for the park.
Temporary Office Space: The applicant proposes to operate one (1) temporary office within the
development specifically for the purpose of selling townhomes for Aspen Ridge. One of the
constructed units in the Phase I area will be used as the location of the sales office, with office
hours of Monday through Friday, 8 am to 8 pm, Saturday and Sunday 10:00 am to 6:00 pm.
K: IReports120041PC Reportsll1-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED doc
Once all of the units in the development are sold, the sales office will be closed and sold as a
single-family residence.
Neighborhood Involvement: The applicant has met several times with adjoining property owners
and neighbors on Duncan, both in groups and individually. Much concern has been voiced
regarding the drainage and flooding problems associated with the Town Branch Creek. Many of
the homes that are adjacent to this creek are within the 100 -year floodplain or floodway. The
developer has been involved with his engineers from the beginning of the process to best•address
these concerns, and others voiced by the neighborhood. Though not all are pleased with all
aspects of the proposal, staff has received numerous calls from residents in this area pleased with
the clean-up effort, removal of the mobile home park and the efforts to better the drainage
situation, along with the proposal for single family attached units, rather than typical multi-
family units that are allowed by right on the property.
A draft of the future plat of lots, as well as the applicants response to the Planned Zoning
District requirements and description of the project have been submitted and are included in the
staff report.
Recommendation: Staff recommends the Planning Commission forward R-PZD 04-1307 to
the City Council with a recommendation of approval for the requested
rezoning and associated development plans, with the following conditions
of approval:
Conditions of Approval:
1. Allowed uses in this R-PZD shall be restricted to Use Unit 1: City-wide Uses by Right,
Use Unit 8: Single Family Dwellings and Use Unit 26: Multi -family Dwellings —
Townhouse development, more than three attached units.
2. Planning Commission recommendation for future vacation of portions of existing
Duncan Avenue and Anderson Place rights -of -way to facilitate the proposed
development. Staff recommends approval of the vacation of these platted rights -of -way,
due to the changes in circulation proposed with the submitted site plans. The
connection these two streets make will be in an improved configuration, with a
boulevard section that enters into this neighborhood PLANNING COMMISSION
DETERMINED IN FAVOR OF THE RECOMMENDED FUTURE VACATIONS.
3. No structure shall be permitted that falls into existing platted right-of-way. Formal
vacation requests for Duncan Avenue and Anderson Place shall be submitted prior to
permitting of affected buildings.
4'. Planning Commission determination of the applicant's request for a temporary sales
office. Staff recommends approval, with the following conditions: One (1) dwelling unit
shall be permitted to house a temporary sales office for the sole purpose of selling
dwelling units within the Aspen Ridge Planned Zoning District. The sales office shall
appear in all manners as a dwelling unit, and shall cease operation and revert to its
intended use as a single family residence once the remaining units have been sold
K IReporisl2004lPC Reponsli2-13-04%R-PZD 04-1307 (ASPEN RIDGE) REPISED.doc
PLANNING COMMISSION DETERMINED IN FAVOR OF THE REQUESTED
OFFICE.
Planning Commission determination of appropriate off -site street improvements. Staff
recommends the following improvements for this development:
• Repair the broken pavement on. 11th Street, directly south of the proposed
intersection at the comer of! 1th and Duncan, as part of the improvements to this
street being utilized for primary ingress and egress, to the satisfaction of the .
Engineering Division.
• Continue the existing sidewalk on the north side of 11th street to connect the
proposed sidewalk on Greystone Drive (approximately 20 feet).
• Complete the curb and gutter on the south side of 11'x' street from the bridge west
to the constructed curb/gutter. Minimum street width should be 24 feet, face of
curb to face of curb (approximately 240 feet in length).
• Widen the intersection at Hill Avenue and 6a' Street, including a turn lane, the
cost of relocating traffic signals and any necessary costs to add a left -turn signal
to the existing signal system. (Recommended in traffic study)
• Improve that portion of Hill Avenue adjacent to the subject property where
necessary, to conform to City specifications. A six-foot sidewalk is required, at
the right-of-way line.
• Relocate the sidewalk along 60Street to transition from the railroad bridge to the
Master Street Plan right-of-way line along the frontage of this project.
• Construct a secondary means of access to Phase II; The applicant proposes to
construct a 24 foot wide public street within existing platted right-of-way of
Brooks Avenue and turning south to connect to 12`" Street. Staff recommends a
28. foot street to meet Master Street Plan requirements for the vehicle trips per
day generated by this development.
PLANNING COMMISSION DETERMINED IN FAVOR OF THE
• RECOMMENDED STREET IMPROVEMENTS, WITH A 24 -FOOT WIDE
• STREET FOR BROOKS AVENUE.
6. Atypical interior street widths, sidewalk location, etc. shall be reviewed and approved
by the Engineering Division at the time of more detailed construction plan review, to
ensure emergency service vehicles, public service providers, solid:waste, etcAs able to .
access the proposed development
A combination of land, money and services shall be contributed by the developer to
meet parkland dedication requirements, including 0.36 acres fora public trail,
construction of said 12 -foot wide trail, 0.86 acres land dedication for a park and all
remaining fees due in excess of the above requirements for 220 units to be utilized for
park amenities. Credit in the amount of $30,525 (55 units * $555/unit) will be applied
to the developer to account for 55 existing homes that were removed from the
property prior to development All fees and deeds for land shall be submitted prior to
building permit.
8. The developer shall mitigate for the removal of 115,440 sf of tree canopy to meet Tree
KlReportr110041PCReporull1-13-0418-PZD 04-1301(ASPENRIDGE) REVISED.doc .
Preservation ordinance requirements. On -site mitigation shall consist of a minimum of
420 trees. If all trees can not be planted on -site, the balance shall be contributed into the
Tree Fund, as determined by the Landscape Administrator.
9. Specific location of the on -site mitigation trees shall be cnnrdinated with the Landscape
Administrator for approval. Several sites exist on the property where mitigation trees
could benefit the overall development and enhance the creek corridor, currently not
indicated on the plans.
10. The property line adjustments to create the described 27.969 -acre parcel shall be
processed, approved and recorded prior to this item appearing before the City Council
for consideration.
11. Staff recommends a second pedestrian path be constructed from approximately between
buildings 35 and 36 in Phase II to connect to the public trail through an existing creek
crossing (see plat). A hard -surface (concrete or asphalt) path is desired. However, at
minimum, the path shall be constructed of a 4" minimum depth shredded mulch (or
equal) with appropriate edging on both sides. Trail slope, width, location through
existing tree canopy and specifications shall be approved by the City prior to
construction.
12. Signage for the development shall be limited to one (1) monument sign at each of the
three primary entrances to the development. Sign size, location, height, etc. shall be
limited to the monument sign restrictions in an RMF zoning district, per city code.
(Maximum 16 square feet display surface area, six feet in height, 10 feet from the
property line).
13. All dumpsters shall be enclosed on a minimum of three sides with access not visible
from the street. Landscape screening as shown shall be required.
14. No structures shall be constructed over public utility easements, per city ordinance
(including, but not limited to, trash enclosures).
15. Should the applicant desire to subdivide the land to create townhomes, an amended
Planned Zoning District .will be required. The development review process will likely
be a Concurrent Plat, if all criteria are met. If riot, a standard Preliminary and Final Plat
will be required to subdivide the property.
16. All comments as itemized in the attached memo from the City Floodplain
Administrator shall be addressed at the appropriate time and are considered, by
reference, a part of the official Conditions of Approval (see attached).
17. The maximum separation for fire hydrants shall be 500 feet in distance.
18. Entrances into the subject property shall utilize a minimum width of 20 feet clear, to
allow for the passage of emergency vehicles. .
K: LReporis120041PC Repoits112-13-0418-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
19. Maximum spacing for public street lights shall be 300 feet, along the proposed and
existing public streets.
Standard Conditions of Approval:.
20. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative; and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
21. Staff a•pproval of final detailed plans, specifications and calculations (where applicable)
.for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with City's
current requirements.
22. Planned Zoning District approval shall be valid for one calendar year, per city
ordinance. .
23. All overhead electric lines 12kv and under shall be relocated underground. All
proposed utilities shall be located underground.
24. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits .
• b. An on -site inspection by the Landscape Administrator of all tree
protection measures prior to any land disturbance.
b. Separate easement plat for this project that shall include the tree
preservation area.
c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety
with the City (letter of credit, bond, escrow) as required by §158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all
incomplete improvements. Further, all improvements necessary to serve
the site and protect public safety must be completed, not just guaranteed,
prior to. the issuance of a Certificate of Occupancy.
PLANNING COMMISSION ACTION: yes Required
_Approved Denied
Date: December 13, 2004 $-p-
The "CONDITIONS OF. APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By Date
K: IRepons120041PC Reporis112-13-04IR-PZD 04-1307 (ASPEN RIDGE,) REVISED.doc
• , • • •6
From: Clarice Pearman
To: Pate, Jeremy
Date: 1.8.07 4:01 PM
Subject: Ords. 4968-4971
Attachments: 4971 R-PZD 04-1307 extension.pdf; 4969 R-PZD O6-2349.pdf; 4970 VAC 06-2362.
pdf; 4968 RZN 06-2366.pdf
CC: Audit; GIS
Jeremy,
Attached are the ordinances passed by City Council, January 2, 2007 regarding various zoning and vacations. Please let me
know if anything else is needed.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4971
Was inserted in the Regular Editions: RECEIVED
January 12, 2007
Publication Charge: $63.30 JAN 1 6 2007
CITY OF FAYETTEVILLL
CITY CLERK'SDFFICE
Subscribed an sworn to before me
This today of G� 2007.
Notary Public
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
ORDINANCE NO. 4971
AN ORDINANCE REPEALING AND REPLACING a e evi le
ORDINANCE NO. 4848. EXTENDING THEX E RA-
PON DATE FOR R-PZD 04-1307 (ASPEN RIDGE)
TO JUNE 29. 2007 'k. ti
ARKANSAS
WHEREAS; after the Aspen Ridge R-PZD was, "I
approved In 2004 -the City Council amended the
Planned Zoning District ordinance to allow a greater period of time a forlarge and complex projects
to obtain buiMmg 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 end 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 expectedto be Issued In the near future;
NOW. THEREFORE, BE IT ORDAINED B1 THE CITY COUNCIL OF THE CITY OF
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
dale of R-PZD 041307 (Aspen Ridge) adopted on January•1B.,2005 for the applicant to obtain all
building permits by June 29, 2007.
PASSED and APPROVED this 2nd day of January, 2007.
APPROVED: - :. ATTEST: T
By: R
DAN COODT, yer r N la -+c SONDRA SMITH, City CNA/Troas r ?•