The URL can be used to link to this page

Home My WebLink AboutOrdinance 5147 ORDINANCE NO, 5147 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, the applicant was permitted a one-year time period in which to obtain all building permits for the project and with Ordinance No. 5052 a typical one-year extension was granted allowing until April 4, 2008 to obtain said permits; and WHEREAS, Abshier Heights PZD has been approved for construction of all necessary public improvements, such as streets, sidewalks, water and sewer mains and the construction of the first building of the project; and WHEREAS, the remaining building permits necessary to complete the development were not approved before the expiration of the PZD on April 4, 2008, resulting in staff being unable to approve any future building permits, 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 approves a one-year extension of R-PZD 06- 1883 (Abshier Heights) 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, 2009, 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. No. 5147 PASSED and APPROVED this 3rd day of June, 2008. APPROVED: ATTEST: By: By: &0'-c�c.►..l c" aot7 DA COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer `,aRFVTR ,, ' A` FAYETTEVILLE 9sy R/fANSPC3 �VG70 N GO.�`: ALDERMAN AGENDA REQUEST FORM 4°13 /09 51q7 �- loZD Cfo -1883 FOR: COUNCIL MEETING OF June 03, 2008 � T FROM: Nancy Allen 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, 2009. APPROVED FOR AGENDA: Alderman Na cy Allen Date t Jrem Date Dire -tJof Current Planning City Council Meeting of June 03, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning? Date: May 21 , 2008 Subject: Abshier Heights Planned Zoning District Extension RECOMMENDATION Planning staff recommends approval of an ordinance allowing for aone-year extension of the time frame to obtain all building permits associated with R-PZD 06- 1883 (Abshier Heights). BACKGROUND The City Council on April 4, 2006 granted approval for R-PZD Abshier Heights on 4. 11 acres of land with frontage on Abshier Drive and Hillcrest Avenue, with a maximum of 23 dwelling units in six buildings, at a density of 5 .8 dwellings units per acre. The applicant has continuously worked with City divisions to obtain the necessary permits for construction of the development and at this time has nearly completed the first of six buildings. Additionally, the applicant has installed all necessary utilities to serve the development and is currently installing street improvements, sidewalks and internal drive aisles. However, the applicant did not apply for or obtain approval for all of the required building permits to construct the remaining five buildings prior to the expiration date on April 4, 2008, which was granted by a one-year extension in 2007. Consequently, staff is unable to approve any additional building permits. Staff supports a waiver from the Unified Development Code to allow for this project to continue in the process of obtaining all remaining building permits without having to halt all construction and process a new Planned Zoning District application through the development review process for the remainder of the project. 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, as evidenced by the continuous work on the site. Staff proposes an extension of the approval of approximately one year to expire on April 4, 2009. 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. BUDGETIMPACT 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, the applicant was permitted a one-year time period in which to obtain all building permits for the project and with Ordinance No. 5052 a typical one-year extension was granted allowing until April 4, 2008 to obtain said permits; and WHEREAS, Abshier Heights PZD has been approved for construction of all necessary public improvements, such as streets, sidewalks, water and sewer mains and the construction of the first building of the project; and WHEREAS, the remaining building permits necessary to complete the development were not approved before the expiration of the PZD on April 4, 2008, resulting in staff being unable to approve any future building permits, 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 approves a one-year extension of R-PZD 06-1883 (Abshier Heights) 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, 2009, 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 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk cHn 2r ENGINEERING, INC. May 21 , 2008 City of Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 RE: R-PZD 05-036 ABSHIER HEIGHTS ONE YEAR EXTENSION Dear Aldermen, On behalf of my client, Mr. David Chance, I am requesting that a one year extension be granted for this project. Due to the difficult nature of the construction, weather related delays; and the depressed real estate market, this project has taken longer than initially expected to complete. Your favorable decision regarding this request is greatly appreciated. Sincerely, Thomas A . Hennelly, P.E. President 2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254 , w 34 UNITS WITH 60 TDTALSEDRGOMS 111PARKINGSPAGES- 36GARAGESPADES s �--. REVISED 36D EWAYSPAGES '�.. 39 PARALLEL SPACES k { . 168 PARKING SPACES PE R Urc' 11t}- ✓ I` .�' s.. '. � SITE PLAN — r i } " oft �1 t, • �, 41 BUILDING REMOVED / [[ ++ ) A I TO PROVIDE GREEN a SPACE BETWEEN UNITS ' Q , ' ., ria•��,lam'? ENHANCED ►.: •� - , VEGETATION a - M'•T '� 3 Lu SHOP- .1 T,E { PING CENTER (� IFa U F _ a S �\ ' I t ✓R T ,k a` �t - 2 ' WALK BRIDGES REMOVED VISITOR \ .. a 3 pill ) . i _' r f �Y .1 �i PARKING J ADJACENT TO PARK ' �"Y t /° • • / RETENTION POND MOVED TO PRESERVE TREE 11.}_, 1 j \" "• ` z ; _ BUFFER 1 - ?s '►'t \ y,` / NEIGHBORHOOD PARK REPLACES BUIDLING CLOSEST TO JONES RESIDENCE J ' z a z z a z PROPOSED VIEWING AREA FOR JONES ( RESIDENCE tt WTERNAL WALKS ` • � ' a TO PRESERVE }`� i s� - + saAi- - MAC, * 'Y TREE CANOPY SITE PLAN WITH BEDROOM COUNT t PO &illC] Ga rAA ,A,: T= CI 'L ! I fi) [CJ RPZD06- 188 ABSIHIER HEIGHTS Close Up View SUBJECT PROPERTY z czy l MEMORp DR WOODCREST DR ..i y�G�- ,re4 w4q .F' b'f Sit J -_- - - - - ""IER DR OV M p C9 a r U w Legend 000co overlay DisMc1 — FLOOMAY 500 YEAR --' 100Y --- IIMITOFSTUDY WseLine Profile O Fayetteville Outside City RPZM6-1889 —� vWor.GM F Mnnt 2004 0 75 150 300 450 600 Feet (6. 10.08) Clarice Pearman - Res 119-08 and Ords. 5145-5147 - Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 6. 10.08 4:29 PM Subject: Res. 119-08 and Ords. 5145-5147 Attachments: 5147 R-PZD 06-1883 Abshier Heights Ext.pdf; 5146 R-PZD 07-2793 Forest Hills .pdf; 5145 R-PZD 08-2915 Hill Place.pdf; 119-08 Neighborhood Master Plan.pd If CC: Audit; GIS Jeremy: Attached is a copy of the above resolution and ordinances passed by City Council. Please let me know if there is anything else needed for these items. Have a good day. Thanks. CJarice I' RECEIVED Aykmas Democrat IIII$axettC JUN 10 2008 CrrY OF FAYE17EVILLE ° CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P . O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, 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: City of Fayetteville —Ordinance 5147 June 8, 2008 Publication Charge : $73. 85 Subscribed and sworn to before me ��Ha• ✓q� This day of Ll (iYLL- 2.008. �U ��!•�r�p , AIZ y• 4W Q p 9 '• pUEl1-��' ,' 2 Notary Public _ Nyti?zvros,z�?�e� My Commission Expires: Gt D /� Do not pay from Affidavit, an invoice will be sent RECEIVED JUN 10 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE L! FA CE TO tlAIEND- 5141 166 OF AN AN UUNIFIED DEVELOPMENT HA CODVE E ,Ex RATION VE ppflOVED PLANS AND PERMITS, FOR R-PZD 663 (AgSHIER HEIGHTS) AND TO PPOVIDE �.� KANSAS A ONE-YEAR APPROVAL EXTENSIONENEASr the City CWOCII of me CITY ofetteville approved wR1eside tial PlO roe4450 anngd rsarct Wwwn es Abahiar Heights (R-PZD O6- 3) on April 4, 2006ear tl in which toobtain all building per- EIKASr the aPPIORrif was Permutod a one- a typime one- s for me project antl with Ordinance No. 15052 a lygcel oqq-year extension was granted albwstg U 4 2006 to obtain said perm ts; antl ublicApr rovetl for construction of all necessary eROEAS s Suchfar Heights PZD has bean approvements, Such as streets, sidewalks, •rater and sewer mains antl the conatmclion of the firstilding of the project antl eta the development wererav fNENEA% the ramalnlnq building pemYls nrecQ ss20ary�•fe lcpnplin sleX being unebleroapp eyed before the expsetbrt of the PZD Cn Aprry fUNre bu67ing permits,OW. TNERI6FONEr OE IT ONDAINED BT TNfi GITT COUNCIL OF .TNE CITT OF TETTEYRLE, ANIUNSAf: 'roves sone-Year alah 1: That the C1 Council of `ha Ca�oio pWYeUw al ellllbuiltling Pe. Arkansas nmltgbY ePPxtMClon o1 fl-PZD 06.1663 (AbshIs Heigh )eCgon 2: chat me apWicant mus. obtain all building permits essodatetl with RPZD 06-1663Abshler Heights) an or before April 4, 2aY3, orrothRent d vS1,pmenlbe ustandardll and s and other require- ection 3: That ell other conditions, cCmnueets of the project epprovetl by Ortliname No. 4850 shell remain In lull eaecl unless otherwiseodified by the OrY Council.PAf June BM .d-APPROVED Nis 3rd daY ATTESTAPPROVED:- ,r' rBy: 1— EONONA E SNITN� CitytDAN CODDY. BAY" —