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HomeMy WebLinkAbout2007-09-04 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position I—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting September 4, 2007 A meeting of the Fayetteville City Council will be held on September 4, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Sam's Club Presentation A. CONSENT: 1. Disadvantaged Business Enterprise Program: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) program participation goal for FY2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-07. 2. Law Enforcement Firing Range Partnership: A resolution approving an inter-local agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to build a new law enforcement firing range; and approving a budget adjustment in the amount of$40,000.00 as the City of Fayetteville's share of the construction costs. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-07. 3. Powell Johnson Investments, LLC Donation: A resolution accepting the donation of a golf cart from Powell Johnson Investments, LLC for use in the Fayetteville Police Department's DWI/DUI prevention program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-07. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Roll Off Service: A resolution authorizing the Mayor to execute a contract with Roll Off Service, Inc. to haul and dispose of solid waste within the city limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-07. 5. Garney Companies, Inc: A resolution approving a construction contract with Gamey Companies, Inc. in the amount of $1,393,880.00 for the replacement of the 2.6 mgd Mally Wagnon Lift Station and 16-inch force main, WSIP Subproject EL-1; and approving an 8% contingency in the amount of$110,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-07. 6. Rosetta Construction, LLC: A resolution approving a construction contract with Rosetta Construction, LLC in the amount of $10,431,995.00 for construction of 26,458 feet of 42-inch gravity sewer pipeline, WSIP Subproject EL-2; and approving a 7% contingency in the amount of$730,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-07. B. UNFINISHED BUSINESS: 1. Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge): An ordinance repealing and replacing Ordinance No. 4971, extending the expiration date for R-PZD 04-1307 (Aspen Ridge) to June 29, 2008. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 2. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Associated (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. THIS ITEM WAS TABLED TO THE OCTOBER 2, 2007 CITY COUNCIL MEETING. 3. ADM 07-2577 (Downtown Design Overlay District Architecture Standards): An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions and Chapter 166: Development to adopt a Downtown Design Overlay District, Parking Garage Design Standards, DDOD Boundary Map and related definitions. This ordinance was left on the First Reading at the August 23, 2007 City Council meeting. PASS AND SHALL BE RECORDED AS ORDINANCE NO. 5056. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org NEW BUSINESS: 1. Amend Chapter 177 Landscape Regulations: An ordinance amending Chapter 177, Landscape Regulations, of the Unified Development Code to require minimum width of tree wells to be three feet and minimum area to be fifteen square feet when utilizing urban tree wells. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5057. 2. R-PZD 07-2576 (Woodstock Community): An ordinance establishing a residential planned zoning district titled R-PZD 07-2576, Woodstock Community, located south of Wedington Drive from 46`h to Broyles Avenue; containing approximately 28.90 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 3. R-PZD 07-2634 (The Coves at Walnut Crossing): An ordinance establishing a residential planned zoning district titled R-PZD 07-2634, The Coves at Walnut Crossing, located north of Highway 62 West and west of Walnut Crossing planned zoning district; containing approximately 50.40 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5058. 4. ADM 07-2079 (Cultural Arts District Boundary): A resolution to create a Cultural Arts District and specify its borders. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-07. 5. ADM 07-2625 (Master Street Plan Update): A resolution to adopt a revised Master Street Plan for Fayetteville including revised street cross sections. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161.07. 6. Amend Chapter 96 Noise Ordinance: An ordinance to Amend §96.05 Motor Vehicle and Motorcycle Sound limit by adding a new Subsection (E) to prohibit excessive engine revving. THIS ITEM WAS TABLED TO THE SEPTEMBER 18, 2007 CITY COUNCIL MEETING. C. INFORMATIONAL: City Council Tour: None Meeting adjourned at 8:35 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org i City Council Meeting September 1 ; 40)07 nnII'' .. •• .�{ (� Subject: Motion To: Motion By: Seconded: Gray ✓ Thiel ✓ Cook . Allen Rhoads �( ®l Ferrell Lucas N Jordan Mayor Coody Subject: Motion To: Motion By: Val Seconded: Gray Thiel Cook Allen Rhoads Ferrell Lucas k&& Jordan 1.6q., o7 Mayor Coody TO 4 - City -City Council Meeting September 1W, z.U07 Subject: Q C)"i m-OA� q9 ,71 X a pZ AD Oq-13 0 7 Motion To: Motion By: Seconded: C7 , Gray Thiel [/ LN Cook Allen G � Rhoads � �, , n �n�� Ferrell 0� Lucas t Jordan (/ Mayor Coody Subject: Motion To: flflo Motion By: Seconded: ' QGray _✓ Thiel � Cook Allen /�C¢ Rhoads ✓ �J Ferrell ✓ a, �oo7 Lucas Jordan Mayor Coody /) JO City Council Meeting September, .zU07 Subject: A JJ M 61 —c)-E77 Do wA4--"n Uv Motion To: J11- J P� Motion By: Seconded: Q Gray fid t/` ✓ Thiel ✓ Cook Allen ✓ �/ Rhoads Ferrell ✓`r �- t/ ' Lucas c Jordan �OJ Mayor Coody Subject: AwJ C4A /7 ; Motion To: Motion By: Seconded: s Gray Thiel ✓ �/ IV� Cook APrae� Allen r j �°'"., Rhoads ✓'" Ferrell t/` �- �.� Lucas Jordan D ✓ � Mayor Coody -o -o 7 -0 City Council Meeting September , X007 Subject: _ z 0 7" 7 Motion To: Motion By: 4-m d4ey- Seconded: Gray Olt) t) Thiel /�' Cook Allen Rhoads Ferrell Lucas Jordan Mayor Coody _Q Subject: —)OZ, ® 7 'off "f -cls tit=� Motion To: Motion By: 14P S��465L� Seconded: ✓ Gray ✓ L10,01, �- 3 Thiel � ✓ �' Cook nn � � GAS & 401d,4> Allen ✓ �/ Rhoads ✓ "� s/" Ferrell ✓ L✓ 9/� Lucas 5� 5 U Jordan Mayor Coody 101 -0 17-V �d 7 City Council Meeting September IF, 2007 " n BB Subject: f+ AA Q� "e Q� Cox- - ulta�t c Motion To: Motion By: Seconded: Gray Thiel ,✓ �ee . , Cook ,5 .� Allen Rhoads Ferrell t/ Lucas Lloeo� Jordan Mayor Coody Subject: hom 5 Motion To: 0 ; gyp Motion By: Seconded: Gray ss . Thiel � Cook Allen e/ Rhoads Ferrell Lucas Jordan I V ` Mayor Coody o -� l City Council Meeting September �,' X007 Subject: / k Witlof Motion To: � Motion By: Cyd Seconded: ' Gray ✓ ,/ Thiel Cook Allen ✓ �/ Rhoads �- e/ Ferrell 40 Lucas Jordan Mayor Coody Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Allen Rhoads Ferrell Lucas Jordan Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting September 4, 2007 A meeting of the Fayetteville City Council will be held on September 4, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Sam's Club Presentation A. CONSENT: 1. Disadvantaged Business Enterprise Program: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) program participation goal for FY2008. 2. Law Enforcement Firing Range Partnership: A resolution approving an inter-local agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to build a new law enforcement firing range; and approving a budget adjustment in the amount of$40,000.00 as the City of Fayetteville's share of the construction costs. 3. Powell Johnson Investments, LLC Donation: A resolution accepting the donation of a golf cart from Powell Johnson Investments, LLC for use in the Fayetteville Police Department's DWI/DUI prevention program. 4. Roll Off Service: A resolution authorizing the Mayor to execute a contract with Roll Off Service, Inc. to haul and dispose of solid waste within the city limits of Fayetteville. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. Garney Companies, Inc: A resolution approving a construction contract with Gamey Companies, Inc. in the amount of $1,393,880.00 for the replacement of the 2.6 mgd Mally Wagnon Lift Station and 16-inch force main, WSIP Subproject EL-1; and approving an 8% contingency in the amount of$110,000.00. 6. Rosetta Construction, LLC: A resolution approving a construction contract with Rosetta Construction, LLC in the amount of $10,431,995.00 for construction of 26,458 feet of 42-inch gravity sewer pipeline, WSIP Subproject EL-2; and approving a 7% contingency in the amount of$730,000.00. B. UNFINISHED BUSINESS: 1. Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge): An ordinance repealing and replacing Ordinance No. 4971, extending the expiration date for R-PZD 04-1307 (Aspen Ridge) to June 29, 2008. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. 2. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Associated (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. 3. ADM 07-2577 (Downtown Design Overlay District Architecture Standards): An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions and Chapter 166: Development to adopt a Downtown Design Overlay District, Parking Garage Design Standards, DDOD Boundary Map and related definitions. This ordinance was left on the First Reading at the August 23, 2007 City Council meeting. C. NEW BUSINESS: 1. Amend Chapter 177 Landscape Regulations: An ordinance amending Chapter 177, Landscape Regulations, of the Unified Development Code to require minimum width of tree wells to be three feet and minimum area to be fifteen square feet when utilizing urban tree wells. 2. R-PZD 07-2576 (Woodstock Community): An ordinance establishing a residential planned zoning district titled R-PZD 07-2576, Woodstock Community, located south of Wedington Drive from 46th to Broyles Avenue; containing approximately 28.90 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. 3. R-PZD 07-2634 (The Coves at Walnut Crossing): An ordinance establishing a residential planned zoning district titled R-PZD 07-2634, The Coves at Walnut Crossing, located north of Highway 62 West and west of Walnut Crossing planned zoning district; containing approximately 50.40 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. ADM 07-2079 (Cultural Arts District Boundary): A resolution to create a Cultural Arts District and specify its borders. 5. ADM 07-2625 (Master Street Plan Update): A resolution to adopt a revised Master Street Plan for Fayetteville including revised street cross sections. 6. Amend Chapter 96 Noise Ordinance: An ordinance to Amend §96.05 Motor Vehicle and Motorcycle Sound limit by adding a new Subsection (E) to prohibit excessive engine revving. D. INFORMATIONAL: City Council Tour: None 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. 1 Amend Ordinance 4971 City of Fayetteville (R-PZD 04-1307 Aspen Ridge) Staff Review Form Page 1 of 38 City Council Agenda Items or Contracts 7-Aug-07 �q 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 extension for the Aspen Ridge Planned Zoning District until June 29, 2008. $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# n/a j'23'©7 Department Di ector Date Original Contract Date: n/a ( Original Contract Number: n/a City Attor t� Received in Cit rF�erk ffice ti 1a� 7-20-07 Tl R Finance and ternaI Service Director Date Received in Mayor's Office Mayor Date Comments: Ah At L442d k&dj na, g � B. 1 Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge) Page 2 of 38 Town Creek Construction & Development RE: Aspen Ridge Townhomes June 28,200/* 113 W.Mountain Fayetteville,AR Dear Mr.Pate, On December 2e of last year we requested an extension on the requirement for obtaining our building permits at Aspen Ridge. Following this request we completed the installation of the city streets and sidewalks in Phase I of our project. During this period we also have been working to settle the situation with our prior general contractor, who had allowed the project to fall several months behind schedule before their termination. This has unfortunately caused us to be unable to meet our obligation on the building permit extension time. As you may remember from when we first took this project through city council. We had spent several years purchasing and cleaning up the 29 separate parcels of land that made up this project. This development has helped promote one of the cities top priorities of revitalizing the south Fayetteville area. As Mayor Dan Coody mentioned during our opening ceremony,this project has provided the city with an upgraded sewer system,along with a re-development of the site and the surrounding area. With the current market conditions and the delay by the prior contractor,we would like to request an extension of 12 months to complete the building permit requirement. The difficulties that have arisen during this process have been reflected in several other projects in town and throughout the nation. We would again like to thank you for your consideration of this matter and we will be working very hard to resolve the current issues,so we can proceed with this project in a timely manner. Sincerely, Hal Forsyth President Town Creek Construction&Development, LLC B. 1 Amend Ordinance 4971 Council Meeting of Au sf o2&t�o7 Aspen Ridge) City g � �� Page 3 of 38 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: July 17, 2007 Subject: Aspen Ridge Planned Zoning District Expiration RECOMMENDATION Planning staff recommends approval of an ordinance repealing and replacing Ordinance No. 4971, 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. 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 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. In January of 2007 the City Council waived UDC 166.20 to allow for a 180-day extension for building permits to be obtained by June 29, 2007 (Ordinance No. 4971). On June 28, 2007 the applicant submitted a letter to the Planning Division requesting an additional one year extension within which to obtain all building permits, otherwise the project (and PZD zoning) will be null and void_ B. 1 Amend Ordinance 4971 City Council Meeting of Augu4p(l�Z T, hff7 Aspen Ridge) Agenda Item Number Page 4 of 38 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. All of the city streets and sidewalks for Phase I of the project have been installed. However, in order for the applicant to obtain building permits for the project, all public 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 and current market conditions 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 one year to expire on June 29, 2008. 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. BUDGET IMPACT None. B. 1 Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge) Page 5 of 38 ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 4971, EXTENDING THE EXPIRATION DATE FOR R- PZD 04-1307 (ASPEN RIDGE) TO JUNE 29 '.. 2008. WHEREAS, after the Aspen Ridge R-PZD was approved iii' 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`labge -PZD that construction 41 all necessary public improvements, such as streets, sidewalks, trails, water'and sewer mains and other infrastructure improvements, could not be accomplished Ili tiin the period of time granted;and WHEREAS, the developer of Aspen Ridge has shown 6onsiderable 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 BYTHE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,"KANSAS: Section 1: That the C101Council of the .'City of Fayetteville, Arkansas hereby repeals and replaces Ordinance No 4971 [fat extepi)ed the approved plans to June 29, 2007. Section 2: That the C1Ey Council of the City of Fayetteville, Arkansas hereby extends the expiration date of R PZD 04-130,_(Aspen Ridge) adopted on January 18, 2005 for the applicant to obtain all building-,permits by June 29, 2008. PASSED and APPROVED thisday of J 2007. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA SMITH, City Clerk B. 1 Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge) Page 6 of 38 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 COUNaL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repe 1`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 2"'day of January,2007. APPROVED: ATTEST: e •FAYETTEVILLE' By. By: Neior� DA COODY,Mayor S DRA SMITH, City Clerk/Treasurer use°it°�` B. 1 Amend Ordinance 4971 I_ryt(�2¢�.[Y04-1307 Aspenf of -' ( (� JCS `Y�1 Page 7 of 38 ALDERMAN AGENDA REQUEST FORM 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- t za b4 Alderman Date Je a Date Dire r of Current Planning - SIL pR ouo . ...,,.,_. ..:_._: B. 1 (R-PZD 04-1307 AspenRidge) Page 8 of 38 Town Creek Construction & Development RE: Aspen Ridge Townhomes December 28,2006 113W.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 of e & 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 aa - x . v B. 1 -- ,.,_.Amend Ordinance 4971 A_'PZD 04-1307 Aspen`kidgej Page 9 of 38 City Council Meeting of January 02,ZUU/ Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council . Thru: Gary Dumas,Director of Operations y From: Jeremy C.Pate,Director of Current Planning �" 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, x'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"' 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 .3 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 _....:_.........._.,.,.__..... B. 1 .__... . __ _. .. ......_Amend Qrdinpnce 4971......_ (R-PZD 04-1307 Aspen Ridge) Page 10 of 38 City Council Meeting of January 02,2-907-- Agenda 007__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 i 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. BUDGET EVIPACT None. B. 1 .Amend Drdinance.4971 (R-PZD 04-1307 Aspen Ridge) Page 11 of 38 ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 4848, EXTENDING THE EXPIRATION DATE FO PZD 04-1307 (ASPEN RIDGE) TO 2007. WHEREAS, after the Aspen Ridge R PZD was roved 04 the City Council amended the Planned Zoning District ordinance to allo r peri time for large and complex projects to obtain building permits;and WHEREAS, Aspen Ridge PZD is such -PZD t construction I necessary public improvements, such as streets, sidewalks, rand sewer: i ns and other, infrastructure improvements,could not be accomplished the period of time:granted;and WHEREAS, the developer of ge has sho siderable pr6gress'in recent months in completing public improvement permits pected to be issued in the near future; NOW, THERE IT ORD D BY <'• E CITY COUNCIL OF THE CITY OF FAYETT LE, SAS: Section 1: C' uracil of the of Fayetteville,Arkansas hereby repeals and replaces e No. : approved plans to December 31,2006. on 2: e C uncil of the City of Fayetteville,Arkansas hereby extends the on date of 04- Aspen Ridge) adopted on January 18, 2005 for the app scan btain all buil ermit 'y June 29,2007. PASS d APP VED this—day of_,2007. APPROVED: ATTR: 8y: BY: DAN COODY,Mayor SONDRA SMITH, City Clerk .. . ..:.Amend Ordinance A9Z1... (R-PZD 04-1307 Aspen Ridge) Page 12 of 38 r' ORDINANCE NO.4848 AN ORDINANCE TO WANE § 16620 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 sheets, 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. PASSED and APPROVED this 21 n day of March,2006. `>. 'G�TY of•G9? APPROVE ATTEST: FAYETTEVILLE: ^ p3'9�'kANSPyJ�3 By: By: �4;lid TO �aurxuu' COODY,Mayor S NDRA SMITH,City Clerk ,_._ .. .. . ... B. 1 - --- - Amend�Ordinance 40.71:::.-. (R-PZD 04-1307 Aspen Ridge) Page 13 of 38 City of Fayetteville7� Staff Review Form qgi City Council Agenda Items WQIU.G lb"I; or �} Contracts � 1704 1301 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. 16620 Expiration of Approved Plans and Permits,to permit an extension for the Aspen Ridge Planned Zoning District until December 31,2006- $0.00 Na Na Cost of this request Cate o /Protect Budget Program Category/Protect Name n/a n/a Na Account Number Funds Used to Date Na raPro m 1 Project•Category Name Na - .. Na Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached C� Previous Ordinance or Resolution# n/a 3-2- 040 ent Di- for - Date Original Contract Date: Na 3 -U` Original Contract Number: Na City Attorney Received in C Clerk's slice e C Finartc�e as lntemal Service Director Date Received in Mayor's Office 3/ 6 a Mayor Date 1 Comments: - - -- - AmendZTrdinance 4971 (R-PZD 04-1307 Aspen Ridge) - -- - - Page 14 of 38 Grafton, Tull & Associates, Inc. 901 N.47th Street,Suite 200, Roger;, AR 72756 479.636.4638 Fax 479.631.6224 www.aa(tull.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_ Hai Forsyth (a-k-a- Town Creek Construction & Development LLC), we request the city councirs 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 1 now nearing completion and work on the Phase 11 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. Matt Crafton,P_Ev 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 ; B. 1 -..__.. _. .....-..._ . :.,_,,. . .,._,-.�. ::.Amend Qcdinanc@4971.,.,.. (R-PZD 04-1307 AspenRidge) _........__......__. ..... ..,.,..__.._.:.: .: .:,-. Page 15 of 38 -. ORDINANCE NO. 467.2 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R PZD 04-1307, ASPEN RIDGE LOCATED SOUTH OF 6'u STREET, WEST OF HILI: AVENUF, NORTHEAST OF lir" 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 I: That the zone classification of the following described property is hereby changed as follows. From RMF-244,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 3,2004_Section 3: That this ordinance shall take effect and beinfill force atsucifimeas all of the requirements of the development plan have been met Section 4: That the official zoning map ofthe City of Fayetteville, Arkansas,is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 180'day oflanuary,2oo5. APPRO By: r D CO DY,Mayor By 7 Sfr�D RR' SONDRA SMITH,City Cleric :FAYErFMLLE: = s p"AN�FyJ�a` �i�4tuanpA _ B. 1 _. . _.. ._...------.. -..,.-_.... - . .._.......: Amend O.edinance 4971 . .. .....:..... (R-PZD 04-1307 Aspen Ridge) ..... . . Page 16 of 38 EXHIBIT A R-PZD 04-1307 PART OF THE SOUTH%OF THE SW%4 OF SECTION 16,AND A PART OF THE NORTH%OF THE NW'%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'/.OF THE NORTHWEST%4 OF SAID SECTION 21,SAID POINT BEING AN EXISTING IRON PIPE;THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST'%OF THE NORTHWEST'/4 OF.SAID SECTION 21 A DISTANCE OF 592 FEET TO THE POINT OF BEGINNING;THENCE S87°04'09"E 418.49FEEf;.THENCES02°4T04"W 514.14 FEET;THENCE N87004109"W 424.40 FEET TO A SET I/z''REBAR;THENCE S02°49'OCV 204.82 FEET; THENCE SOUTH 87.04'09'T 139.00 FEET; THENCE S02°48.48"W293.00FEETTOASETYMRONREBARTHENCEN87005'54 W183S8 FEET TO AN EXISTING ]RON; THENCE S.02048'00"W.18127 FEET; THENCE S8704'02"E 84.31 FEET,.THENCE SO2°4O'O5'Vlr 79.86 FEET;THENCE S370OT40-B 39.06 FEET THENCE S07°4010S"W 15.00 FEET;THENCE N87°18'29 W 65.13:FEET THENCE S02040'17"W 13.01 FEET,THENCE N87013'13"W 222.57 FEET;THENCE NO2°39'OTT?98-08 FEET;THENCEN87°l l'50"W 222.77FEET;THENCEN87°13'26"W 514.88 FEET TO AN EXIS CINCr IRON ON THE EAST RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE ALONG THE EAST RIGHT OF WAY LINE OF SAID RAU-ROAD N35°29'31"E 52.81 FEET;THENCE N32°17'21-E 10324 FEET;THENCEN28-25'22IS 103.51 FEET;THENCE.N24°16'W E 103.08 FEET; THENCE N21019'30"E 10224 FEET;THENCE NI 804444"E 10231 FEET;THENCE N17°4223"E 150.90 FEET;THENCE N19°09'44"E 46.21 FEET;THENCE NI9°55'12"E 130.59 FEET;THENCE N24°20'10"EI11.27FEErjBFNCEN28°56'24!`E 203 FEET; THENCE N33°22'OIE 78.14 FEET; THENCE N36°27'09-E 61.08 FEET; THENCE .N40040'51"E 107-01 FEET;THENCE 586'1453"E 62.45 FEETTO AN EXISTING IRON ON A 1381.79 FOOTRADRJS CURVE TOTHE RIGHT;THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY AM CURVE 417.54 FEET,TIM CHORD FOR WHICH BEING 1451038'45'T; 415.96 FEET, TO AN EXISTING ARKANSAS HIGHWAY COMIvILSSION RIGHT OF WAY MONUMENi'ONTBE SOUTH LINEOFARKANSAS HIGHWAY I80(WEST 6"{STREET);THENCE ALONGTHE SOUTH RIGHTOF WAY LINE OF SAID HIGHWAY S87041'42"E 40.98 FEET TO AN EXISTING AHC MONUMENT; THENCE S8r40'49"E 26.16 FEET TO AN EXISTING AHC MONUMENT;THENCE S88018'0"E 3.15 FEET,THENCE LEAVING SAID RIGHT OF WAY S01044'50"W 153.30 FEET;THENCE ON A CURVE TO THE RIGHT WITHIA RADIUS OF 31550 FEET AND A DISTANCE OF 81.06 FEET;THENCE S16-28-1-W 8.54 FEET;THENCE ON A CURVETO THE RIGHT WITH A RADIUS OF215.50 FEET A DISTANCE OF 40.68 FEET TO THE POINT OF BEGIIVNING,CONTAINING 27.969 ACRES.MOREORLESS,FAYETTEVILLE,ARKANSAS. THEABOVEDESCMED 27.969 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF DUNCAN AVENUE,ANDERSON PLACE, HILL AVENUE AND ALL EASEMENT_S AND/OR RIGHTS OF WAY OF RECORD. B. 1 -...._.._. _. .. .... .... :. _._. ......men r, mance _ (R-PZD 04-1307 Aspen kiage) ._.. ...... . .. .... . .. . Page 17 of 38 City Council Meiling Minutes January I8,2005 Pago I of I I Aldermm Mayor Dan Coody - - Ward I Position 1-Robert Reynolds _ Ward 1 Position 2-Breads Thiel - City Attorney Kit Williams Ward 2 Position I-Kyle B.Cook . Ward 2 Position 2-Don Maw City Clerk Sondra Smith Ward 3 Position 1-Robert K.Rhoads Ward 3 Position 2—Bobby Ferrell ARKANSAS Ward 4 Position l-Shirley Lucas - Ward 4 Position 2-Liondd 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 Coady, 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 Mavor- 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 blousing Authority Board: Robin Ross&Deborah Olsen. .113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville-oq