HomeMy WebLinkAboutOrdinance 5052 ORDINANCE NO. 5052
AN ORDINANCE TO WAIVE CHAPTER 166.20
OF THE UNIFIED DEVELOPMENT CODE
EXPIRATION OF APPROVED PLANS AND
PERMITS, FOR R-PZD 06- 1883 (ABSHIER
HEIGHTS) AND TO PROVIDE FOR A ONE-
YEAR APPROVAL EXTENSION
WHEREAS, The City Council of the City of Fayetteville approved a Residential
Planned Zoning District known as Abshier Heights (R-PZD 06- 1883) on April 4, 2006 with
Ordinance No. 4850, and
WHEREAS, Abshier Heights PZD has applied and been approved for construction of
all necessary public improvements, such as streets, sidewalks, water and sewer mains and other
infrastructure improvements that could not be accomplished within the one-year period of time
granted; and
WHEREAS, the Abshier Heights development is actively under construction at this time
for said public infrastructure improvements; and
WHEREAS, building permits have been submitted for construction of the buildings, but
upon review may not be permitted due to the expiration of the PZD on April 4, 2007.
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 06- 1883 (Abshier Heights) adopted on April 4, 2006 to
obtain all building permits.
Section 2: That the applicant must obtain all building permits associated with R-PZD
06- 1883 (Abshier Heights) on or before April 4, 2008, or the R-PZD shall be null and void.
Section 3 : That all other conditions, commitments, development standards and other
requirements of the project approved by Ordinance No. 4850 shall remain in full effect unless
otherwise modified by the City Council.
Page 2
Ord. 5052
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PASSED and APPROVED this 711, day of August, 2007.
; FAYETTEVILLE •
APPROVED: ATTEST:
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By: 4/ By:
AN COODY, May SONDRA E. SMITH, City Clerk
04 " Gtr" � 0+&X-4tc.._ ., 7/3 /07 b2I�
ALDERMAN AGENDA REQUEST FORM
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FOR: COUNCIL MEETING OF August 07, 2007 //pd, Ad "ll," r
FROM: Kyle Cook
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
Abshier Heights Planned Zoning District - Extension of approved PZD
An ordinance to waive Ch_ 166.20 of the Unified Development Code, to
permit an extension for the Abshier Heights Planned Zoning District (R-
PZD 06-1183), and requiring the applicant to obtain all building permits
by April 04, 2008.
APPROVED FOR AGENDA:
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AlderrZn Kyle Cook Date
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Je emy a e Date
Direr f Current Planning
City Council Meeting of August 07, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations .P
From: Jeremy C. Pate, Director of Current Planning
Date: July 31 , 2007
Subject: Abshier Heights Planned Zoning District Expiration
RECOMMENDATION
Planning staff recommends approval of an ordinance repealing and replacing Ordinance
No. 4850, waiving the Unified Development Code, §166.20 Expiration of Approved
Plans and Permits for Abshier Heights R-PZD and extending the expiration date for R-
PZD 06- 1883 (Abshier Heights), with the condition that all building permits be obtained
by the applicant prior to April 4, 2008 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 property consists of a total of 4. 11 acres occupying land with frontage on Abshier
Drive and Hillcrest Avenue. Both parcels are undeveloped and are zoned R-PZD 06-
1883. It is surrounded by single-family homes on the south/cast and the Evelyn Hills
Shopping Center to the north/west.
The subject Planned Zoning District was approved on April 4, 2006, including a
maximum of 24 dwelling units in six buildings, at a density of 5.8 dwelling units per
acre. When this project was approved, the project booklet indicated two different time
frames for development. One allowed for construction within 3 years, while the other
placed a blanket one-year time period in which to obtain all building permits associated
with the project. Pursuant to Chapter 166.06 (G)(Conflicts); where there is more than one
provisions within the PZD Master Development Plan that covers the same subject matter,
the provision which is most restrictive or imposes higher standards or requirements shall
govern unless determined otherwise by the Zoning and Development Administrator. The
one-year time frame expired on April 4, 2007.
The applicant has been working with City divisions to obtain the necessary permits to
begin construction of the development. At this time grading of the property and utility
installation has commenced and building permits have been applied for. However, staff
is unable to approve any building permits as the one year time frame allowed to obtain all
permits from the date of approval has expired.
City Council Meeting of August 07, 2007
Agenda Item Number
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. 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 one year to expire on April 4,
2008. All building permits for Abshier Heights PZD would have to be obtained for this
project by that date, or the approvals would expire without the ability to request renewal
by the Planning Commission.
DISCUSSION
None.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO WAIVE CHAPTER 166.20
OF THE UNIFIED DEVELOPMENT CODE
EXPIRATION OF APPROVED PLANS AND
PERMITS, FOR R-PZD 06- 1883 (ABSHIER
HEIGHTS) AND TO PROVIDE FOR A , ONE-
YEAR APPROVAL EXTENSION
WHEREAS, The City Council of the City of Fayetteville approved a Residential
Planned Zoning District known as Abshier Heights (R-PZD 06- 1883) on April 4, 2006 with
Ordinance No. 4850; and
WHEREAS, Abshier Heights PZD has applied and been:approved for construction of
all necessary public improvements, such as streets, sidewalks;'water and sewer mains and other
infrastructure improvements that could pot be accomplished within the one-year period of time
granted; and
WHEREAS, the Abshier Heights development is actively under construction at this time
for said public infrastructure improvements; and
WHEREAS, building permits have been .submitted for construction of the buildings, but
upon review may not byermitte = e to the expiration of the PZD on April 4, 2007.
NOW, THEREFRE, J T 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 ,06- 1883 (Abshier Heights) adopted on April 4, 2006 to
obtain all building permits\
Section 2 That the applicant must obtain all building permits associated with R-PZD
06- 1883 (Abshier Heights) on or before April 4, 2008, or the R-PZD shall be null and void.
Section 3 : That all other conditions, commitments, development standards and other
requirements of the project approved by Ordinance No. 4850 shall remain in full effect unless
otherwise modified by the City Council.
PASSED and APPROVED this—day of J 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
31 July 2007
Jesse Fulcher
Planning Department
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: R-PZD 06- 1883 Abshier Heights
The above-referenced PZD was approved by City Council on 04 April
2006. After earning City Engineering & State Health Department approval over
that following summer, the Owner, David Chance, began site work in February
2007. Plan approval and construction has been underway since that time and
continues to this day.
By starting construction in the February of 2007, Mr. Chance believed he
was well within the time limit as described in Section 166.20(B) I d of the Unified
Development Code regarding the expiration of approved plans and permits. Upon
submitting plans for a building permit on or around 13 July of this year, however, he
was informed that the PZD approval had expired subject to a I -yr time limit for
receiving the actual building permit, though the permitting process and construction
had been underway for some time.
On Mr. Chance's behalf, we ask that you please grant an extension until 04
April 2008 for the building permit application for this project.
Thank you for your consideration.
Sincerely,
Paul Mo ensen, A Date
Cooper Architects
ORDINANCE NO. 4850
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06- 1883, ABSHIER HEIGHTS,
LOCATED SOUTH OF EVELYN HILLS SHOPPING CENTER ON
ABSHIER AND HILLCREST, CONTAINING APPROXIMATELY
4. 11 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN
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 C-2, Thoroughfare Commercial, to R-PZD 06-1883 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, development standards, and conditions of approval as submitted, determined
appropriate and approved by the City Council.
Section 3 : That this ordinance shall take effect and be in full force at such time as all of the
requirements of the master 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.
Section 5: That the Master Development Plan is approved subject to the list of compromises
agreed to by the neighbors, developer and architect shown on Exhibit "B" presented to and accepted
by the City Council. The Master Development Plan is also subject to the Revised Site Plan attached
as Exhibit "C".
Page 2
Ord. 4850
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PASSED and APPROVED this 4'h day of April, 2006. _c )
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APPROVE ATTEST:
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By: By: GAndif� hullf�
DARICOODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-1883
TRACT A:
PART OF THE NW '/, OF THE NW '/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF
THE NW %. OF THE NW %., SAID POINT BEING A FOUND V PIPE; THENCE N87° 12'l0"W
352.90 FEET; THENCE NO2°59'53"E 25.00 FEET TO THE POINT OF BEGINNING; THENCE
NO2058'47"E 635.03 FEET TO A CHISLED "X"; THENCE S870W06"E 149.72 FEET TO A
FOUND IRON PIN IN THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE
ALONG SAID RIGHT-OF-WAY S02057'25"W 634.95 FEET TO A FOUND PK NAIL IN THE
APPROXIMATE CENTER LINE OF WOODCREST DRIVE NOW VACATED BY THE CITY
OF FAYETTEVILLE BY ORDINANCE #1205; THENCE ALONG SAID CENTERLINE
N87002'16"W 149.97 FEET TO THE POINT OF BEGINNING, CONTAINING 2. 187 ACRES,
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
TRACT B:
PART OF THE S W Y. OF THE NW '/. OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF
SAID SW '/< OF THE NW 1 /4; THENCE N87° 12'10"W 203.60 FEET; THENCE S02°58'05"W
30. 14 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN IN
THE WEST RIGHT OF WAY OF HILLCREST AVENUE; THENCE ALONG SAID RIGHT OF
WAY S02058'12"W 313.56 FEET TO A FOUND IRON PIN IN THE NORTH RIGHT-OF-WAY
LINE OF ABSHIER DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE N86°363011W
537.42 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY
N63001 '26"E 620.21 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .935 ACRES
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
1 �
EXHIBIT "B"
R-PZD 06-1883
WE AS NEIGHBORS, THE AFOREMENTIONED DEVELOPER AND ARCHITECT,
HAVE RESPECTFULLY AGREED UPON THE FOLLOWING COMPROMISES:
L Modifications to architectural design of development to complete and complement
existing neighborhood homes. Examples include planter boxes with stone facades; the agreed upon
stone fagade on the back of the development (on the side of the town homes facing Hillcrest and
Abshier) the architect will modify rear elevations of development to include partial stone facades on
the back of the development (on the side of the town homes facing Hillcrest and Abshier) for
approval of abovementioned neighborhood representatives; house numbers re-styled and moved to
the lower portion of the front of the house near planter boxes; changes in paint palette in the natural
earth tones; enlarged window shapes and styles in the latest drawings presented to the neighborhood
— all to create a more natural, "softer" feel in line with the traditional character of the existing
neighborhood.
2. Reduction in the number of units to 24.
3. Speed bumps to be built/installed on Hillcrest, Absbier, Lakeridge and Oakwood by
Developer and City with 50/50 cost share with up to four speed tables.
4. A permanent, WRITTEN plan for maintaining the park and greenspace throughout the
development included in the homeowner's association agreements and/or covenants for those who
purchase the town homes. The association agreements or covenants must be worked out in
consultation with the above-mentioned neighborhood representatives throughout the process and
approval. Additionally, new neighbors in the development must be aware that Lade Lucille and
surrounding property is a private entity and is not available for their use for swimming, fishing,
picnicking, etc. (only accessible by property owners in Lake Lucille/Clay Yoe subdivision).
5. Additional trees and shrubs are to be planted along Hillcrest and Abshier to fill in gaps
and ensure that the tree buffer is maintained and expanded. Trees and shrubs are needed to fill in
both high and low gaps and present an attractive, natural appearance to neighbors in the development
and across Hillcrest and Abshier.
6_ Core and soil sample testing will be conducted due to grade and incline, instability of land
because of natural springs and previous construction difficulty in area with USA Drug.
7. We respectfully request that City Planning division allow that no bridges or steps leading
form the town homes to Abshier or Hillcrest will be constructed. This would only encourage street
parking and exacerbate traffic problems. The only steps in the development that are agreeable to the
neighbors are those from the pocket park/viewing area to the parking area for the E. Fay Jones' home
as designated on plans.