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
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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
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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
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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)
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