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Home My WebLink AboutOrdinance 5541 i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 nisi 1111 1111 Doc ID: 014914800001 Type: REL Kind: ORDINANCE Recorded: 11/30/2012 at 01:55:05 PM Fee Amt: $15.00 Paae 1 of i Washinaton Countv. AR Bette Stamps Circuit Clerk File2012-00036273 ORDINANCE NO. 5541 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 12-4079, PROJECT CLEVELAND, LOCATED AT THE NORTHWEST CORNER OF RAZORBACK ROAD AND HALL AVENUE, CONTAINING APPROXIMATELY 2.71 ACRES, EXTENDING THE TIME FRAME TO OBTAIN ALL NECESSARY PERMITS TO BEGIN CONSTRUCTION BY DECEMBER 19, 2014. WHEREAS, the City Council of the City of Fayetteville approved a Residential Planned Zoning District known as Project Cleveland (R-PZD 12-4079) on June 19, 2012 with Ordinance No. 5505; and WHEREAS, the applicant is permitted until December 19, 2013 to obtain all necessary permits to begin construction; and WHEREAS, litigation concerning the validity of this project continues to delay construction plan development and project permitting. 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 an extension of R-PZD 12-4079 (Project Cleveland), requiring the applicant to obtain all permits necessary to begin construction by December 19, 2014. PASSED and APPROVED this 8h day of November, 2012. APPROVED: ATTEST: �rR ....F A46e6t�'- Lt�00N]&D J , Mayor SONDRA E. SMITH, City Clerk/TreSd FAYETTEVILLE, TON Oi Washington County, AR I certify this instrument was filed on 11/30/2012 01:55:05 PM and recorded in Real Estate File Number 2012-00036273 Bette St ps- Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/8/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: ADM 12-4254: Administrative Item (R-PZD 12-4079 PROJECT CLEVELAND, 443): Submitted by SPECIALIZED REAL ESTATE GROUP for property located at the northwest corner of RAZORBACK ROAD AND HALL AVENUE. The request is for an extension of the approval for R-PZD 12-4079 Project Cleveland. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached lCs"lI' Previous Ordinance or Resolution# oepartmerrt Dir r Date Original Contract Date: —(J C Original Contract Number: City Att Date 0, _ 10 n 22-.26 I z _ Finance and Internal Services Director Date Received in CityJ�W_,A� A9 ' Clerk's Office Chief of Date fir ED Received in Mayor's Office 1f ayor Date Comments: Revised January 15,2009 ■ � � 1eTHE CITY OF FAYETTEVILLE,ARKANSAS Y DEPARTMENT CORRESPONDENCE S11 www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: October 19, 2012 Subject: ADM 12-4254 - Extension to R-PZD 12-4079 Project Cleveland RECOMMENDATION Staff recommends approval of an ordinance extending the phasing plan for R-PZD 12-4079 Project Cleveland by one additional year, to expire on December 19, 2014. BACKGROUND The subject property contains approximately 2.71 acres located at the northwest corner of the Cleveland Street and Hall Avenue. A Residential Planned Zoning District containing 122 units and 450 bedrooms was approved by the City Council on June 19, 2012 by Ordinance 5507. All development projects are approved with a phasing schedule that provides a maximum amount of time to obtain the necessary permits to begin construction and to complete the project. Project Cleveland was approved with an 18-month schedule to obtain all permits from the date of the City Council's approval of the Planned Zoning District, and an additional 44 months from building permit approval to complete the project and receive final inspections. Proposal: The applicant is requesting a 12-month extension to the time allowed to obtain the construction permits. Currently the deadline to obtain these permits is December 19, 2013. The requested extension will extend the date until December 19, 2014, and thereby extend the time to complete construction. DISCUSSION The City Council approved R-PZD 12-4079 Project Cleveland on June 19, 2012. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 12-4079, PROJECT CLEVELAND, LOCATED AT THE NORTHWEST CORNER OF RAZORBACK ROAD AND HALL AVENUE, CONTAINING APPROXIMATELY 2.71 ACRES, EXTENDING THE TIME FRAME TO OBTAIN ALL NECESSARY PERMITS TO BEGIN CONSTRUCTION BY DECEMBER 19, 2014. WHEREAS, the City Council of the City of Fayetteville approved a Residential Planned Zoning District known as Project Cleveland (R-PZD 12-4079) on June 19, 2012 with Ordinance No. 5505; and WHEREAS, the applicant is permitted until December 19, 2013 to obtain all necessary permits to begin construction; and WHEREAS, litigation concerning the validity of this project continues to delay construction plan development and project permitting. 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 an extension of R-PZD 12-4079 (Project Cleveland), requiring the applicant to obtain all permits necessary to begin construction by December 19, 2014. PASSED and APPROVED this day of , 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer Ah Tayv�e lovi-Ile ARKANSAS CC Meeting of November 8, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville City Council FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: October 19, 2012 ADM 12-4254: Administrative Item (R-PZD 12-4079 PROJECT CLEVELAND, 443): Submitted by SPECIALIZED REAL ESTATE GROUP for property located at the northwest corner of RAZORBACK ROAD AND HALL AVENUE. The request is for an extension of the approval for R-PZD 12-4079 Project Cleveland. Planner: Jesse Fulcher Findings: Property and background: The subject property contains approximately 2.71 acres located at the northwest corner of the Cleveland Street and Hall Avenue. A Residential Planned Zoning District containing 122 units and 450 bedrooms was approved by the City Council on June 19, 2012 by Ordinance 5507. All development projects are approved with a phasing schedule that provides a maximum amount of time to obtain the necessary permits to begin construction and to complete the project. Project Cleveland was approved with an 18-month schedule to obtain all permits from the date of the City Council's approval of the Planned Zoning District, and an additional 44 months from building permit approval to complete the project and receive final inspections. Proposal: The applicant is requesting a 12-month extension to the time allowed to obtain the construction permits. Currently the deadline to obtain these permits is December 19, 2013. The requested extension will extend the date until December 19, 2014, and thereby extend the time to complete construction. Recommended Motion: Staff recommends approval of ADM 12-4254, the requested extension to R-PZD 12-4079 Project Cleveland. Pursuant to Unified Development Code 166.20, when considering an extension, an applicant has the burden to show good cause why the tasks could not reasonably be completed within the time limit provided. The ongoing litigation has and may continue to delay the project from moving forward to construction review and therefore an extension to the original phasing schedule is warranted. G:IETCIDevelopment Services Review120120evelopmenf Review112-4237 ADM 719 W.MLK(Kum&Go)103 Planning Commission 110-08- 20121Comments and Redlines Condition of Approval: 1. The applicant shall be allowed until December 19, 2014 to obtain all permits necessary to begin construction. The 44-month schedule to complete construction shall begin on the date that the building permit is approved. City Council Action: O Approved O Denied O Tabled Motion: Second: Vote: Meeting Date: November 8, 2012 G:IETCIDevelopment Services Review12012IDevelopment Review112-4237 ADM 719 W.MLK(Kum&Go)103 Planning Commission 110-08- 20121Comments and Redlines Since this is essentially a single-building proposal, LL this project will consist of one phase.The project will be constructed in totality through the estimated time frame of the proposal.All permits necessary to begin construction shall be obtained within one-and-a-half years from the date of city council approval of the PZD.A final certificate of occupancy shall be ob- tained within three-and-a-half years from the building permit approval. PZD. DESIGN PHASE. CONSTRUCTION PHASE. ALL PERMITS OBTAINED ESTIMATED COMPLETION DATE PZD EXPIRES WITHIN 1-112 YEARS FROM THE DATE OF 08.2014 3-112 YEARS AFTER CITY COUNCIL APPROVAL OF PZD BUILDING PERMIT APPROVAL phasing+time frame diagram. project c!eveland. PZD 12-4079. -page.17 eeialdze R E A L 6 8 T A T E G P.❑ U P October 17, 2012 Jeremy Pate City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Regarding: Permit extensions on Project Cleveland PZD Mr. Pate, I am writing to ask you to forward the following request to the city council; Seth Mims of Specialized Real Estate Group hereby requests that the city council amend the approved project Cleveland PZD 12-4079 booklet on page 17 in order to allow the necessary permits to be pulled up to one year later than originally stated. The original phasing indicated in the PZD booklet would have allowed for all necessary permits to be pulled up to 18 months after the approval of the PZD which would be 12/19/13. Approval of this amendment to the project Cleveland PZD 12-4079 would allow the necessary permits to be pulled up to one year later or as late as December 19th of 2014. On June 19th, 2012, the Fayetteville city council voted 6-2 in favor of adopting ordinance#5505 which would establish the project Cleveland PZD 12-4079. Three weeks after the vote by city council, two residents filed a lawsuit against the city claiming that their decision to approve project Cleveland 12-4079 was "arbitrary and capricious". Mediation between the two parties on 9/24/12 did not result in any kind of settlement and the matter is scheduled to be heard by Judge Chad Mason on 10/25/12. I am confident that the city will win in this matter as I was present during all proceedings related to project Cleveland and witnessed firsthand the city council's thoughtful and careful discussions of the pros and cons of the development. I watched the city council listen to every person that wanted to speak about project Cleveland. A victory in court on that date would put the project a little over 4 months behind schedule as we have not been able to move forward at all pending this litigation. The reason that I am requesting this amendment is because the plaintiffs may appeal the court's decision in the city's favor. My attorney has advised me that the appeals process can easily take 12 to 18 months from the date that the appeal is filed. If that is indeed the case, I will need the extra 12 months hereby requested in order to see the lawsuit and its possible appeal through to a conclusion before pulling the permits and beginning construction of the project. We intend to move forward with this important collegiate development adjacent to the University of Arkansas campus as soon as the pending lawsuit is settled. By approving this slight change to the PZD booklet, you are enabling us to clarify our intention to proceed with this development and giving us the necessary time to do so. Thank you very m h, Seth Mims phone: 479.927.0003 1 fax: 479.927.0004 1 1200 Shipley St. Springdale,AR 72764 1 www.specializedreg.com ORDINANCE NO. 5507 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 12-4079, PROJECT CLEVELAND, LOCATED AT THE NORTHWEST CORNER OF WEST CLEVELAND STREET AND HALL AVENUE; CONTAINING APPROXIMATELY 2.71 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 City Council of the City of Fayetteville,Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family, 4 units per acre and RMF-40,Residential Multi-Family,40 units per acre to R-PZD 12-4079 as shown in Exhibit"A"and`B" 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,statement of commitments and the conditions of approval as submitted,determined appropriate and approved by the City Council;further,that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. 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 City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 19'h day of June, 2012. APPROVED: ATTEST: r By: l.-.�---- 13y Q�'xG� - �lJ.• YETTEVILLF*6 _ L HELD J , Mayor SONDRA E. SMITH, City Clerk/Trcig1- S EXHIBIT "A" RPZD12-407C. PROJECT CLEVELAND Close Up View SUBJECT PROPERTY R�O j11�•�4 k F 0 Y U m a R•f PUBLIC-591 Legend Fayetteville City Limits baWJ. PPZDI Footprints 2010 - Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di strict 0 75 150 300 450 600 ------ Planning Area Feet EXHIBIT"B" R-PZD 12-4079 METES AND BOUNDS PROPERTY DESCRIPTION (WASHINGTON COUNTY PARCEL NUMBERS 765-02584-000, 765-02589-000, 765-02573-000, 765-02587-000, 765-02581-000, 765-02591-000) PART OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 OF SAID SE 1/4, THENCE SOUTH 87 DEGREES 12 MINUTES 06 SECONDS EAST A DISTANCE OF 430.00 FEET TO THE POINT OF BEGINNING(P.O.B.); THENCE NORTH 02 DEGREES 48 MINUTES 36 SECONDS EAST A DISTANCE OF 170.07 FEET; THENCE SOUTH 87 DEGREES 09 MINUTES 27 SECONDS EAST A DISTANCE OF 64.75 FEET; TIIENCE NORTH 02 DEGREES 47 MINUTES 20 SECONDS EAST A DISTANCE OF 261.53 FEET; THENCE SOUTH 87 DEGREES 19 MINUTES 22 SECONDS EAST A DISTANCE OF 247.50 FEET; THENCE SOUTH 02 DEGREES 45 MINUTES 49 SECONDS WEST A DISTANCE OF 432.07 FEET; THENCE NORTH 87 DEGREES 12 MINUTES 06 SECONDS WEST A DISTANCE OF 312.50 FEET;THE POINT OF BEGINNING(P.O.B.), CONTAINING 117928 SQUARE FEET OR, 2.71 ACRES AND BEING SUBJECT TO THE RIGHT OF WAY OF CLEVELAND STREET ALONG THE SOUTH BOUNDARY AND HALL STREET ALONG THE EAST BOUNDARY THEREOF.