HomeMy WebLinkAboutOrdinance 4299 ORDINANCE NO. 4299
AN ORDINANCE ACCEPTING THE RECOMMENDATION
OF THE PARKS AND RECREATION ADVISORY BOARD TO
ALLOW A PARTIAL WAIVER FROM THE PARK LAND
DEDICATION ORDINANCE TO ACCEPT MONEY IN LIEU
OF SOME OF THE PARK LAND DEDICATION FOR THE
SHILOH WEST APARTMENTS SUBDIVISION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council hereby accepts the recommendation of the
Parks and Recreation Advisory Board to allow a partial waiver from the park land
dedication ordinance to accept money in lieu of some of the park land dedication for the
Shiloh West Apartments Subdivision.
PASSED AND APPROVED this the ,2, day of March, 2001 . .
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APPROVED:
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By: K�
eather Woodruff, City Clerk
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NAME OF FILE: Ordinance No. 4299
CROSS REFERENCE:
03/20/01 Ordinance No. 4299
02/13/01 Departmental Memo to Mayor Coody and City Council thru Don Bunn
from Connie Edmonston
02/13/01 Letter to Council Members from Thomas A. Hennelly, Jorgensen &
Associates
01/08/01 PRAB Regular Meeting Minutes
Location Map
03/06/01 Staff Review Form
03/22/01 Departmental Memo from City Clerk
NOTES :
FAYETTEVtLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Coody and City Council
THRU: Don Bunn, Assistant Public Works Director
FROM: Connie Edmonston, Parks & Recreation Superini ent
DATE: February 13, 2001
SUBJECT: Waiver of th ark Land Dedication Ordinance 3793
Shiloh W art en s is a proposed subdivision located south of Highway 16 West on Shiloh
Drive an west f Highway 540. It contains 264 multi-family units on 18.25 acres. The owner
of the sub ivi on is Lindsey Properties and the engineer is Jorgenson and Associates. The
requirement for park land is 5.28 acres and money in lieu is $99,000.
This development was previously presented to the Parks and Recreation Advisory Board on
December 1 , 1999 with the board recommending money in lieu of land. On December 21 , 1999,
City Council approved the waiver of the park land dedication ordinance. Since this time, the
original developer withdrew and Lindsey and Associates changed the scope of the project adding
more acres to the north. Staff from Parks and Recreation, Planning, and Sidewalk and Trails
toured the site and recommended land from the floodway line to the right of way of Shiloh Drive
and along the southern portion of the property be required for a greenway area to build a trail.
This calculates to a combination of 1 .59 acres of land dedication in addition to money in lieu in
the amount of $69, 187.50 as the requirements of the Park Land Dedication Ordinance. The trail
would be built along Shiloh Drive and Persimmon Street according to the proposed city wide
trails master plan. This trail would allow citizens residing in neighboring subdivisions, as well as
other residential areas, access to the future Boys and Girls Club.
The large scale development was presented to the Parks and Recreation Advisory Board on
January 8, 2001 . (See PRAB meeting minutes.) The board recommended to accept a
combination of 1 .59 acres of land and money in lieu in the amount of $69, 187.50 as the
requirement of the Park Land Dedication ordinance for the reasons stated below:
1 . The Sidewalk and Trails Coordinator recommended a trail on the east and south border of
this property. These trails are on the proposed master trails plan created by the Sidewalk
and Trails Sub-committee.
2. The apartment complex currently has planned the following park amenities for their
residential use: tennis courts, swimming pool, clubhouse, playground and lake.
3 . The proximity to the highway bypass limits the functionality for the entire land dedication
to be used as a park.
Page 2
4. Lindsey Properties have concurred with this agreement as outlined above. (See attached
letter.)
Because Shiloh West Apartment Complex is over 100 [nits, Ordinance 3793 regulates the Parks
Division to accept a land dedication. The ordinance states:
However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or
advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be
accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash
contribution or return the subdivision plat to the Parks Board with instructions or for further study.
Please review this request to waive the park land dedication requirement and to accept a
combination of land and money as the park land ordinance requirement for Shiloh West
Apartments. If you have questions concerning this request, please call me at 444-3473 .
Attachments:
PRAB January 8, 2001 Meeting Minutes
Jorgensen & Associates Letter
Location Map
JORGENSEN RSSOC .501 442 9127 P . 01
JORGENSEN & ASSOCIATES
�p CIVIL ENGINEERS SURVEYORS �E
124 WEST SUNBRIDGE, SUITF. 5 • FAYETTEVILLE, ARILIRSAS 72703 • ( 50t) 442-9127 • FAX ( 501 ) 582 4807
DAVID L. JORGENSEN, P.A., P.L.S. THOMAS 4ESNF.LLv, P.E.
City of Fayette.ilie Febmary 13, 2001
1 3 West Mountain Dr.
Attn: City Council
Fayette-villo, AR 72701
Dear Council Members,
5peakina on behalf of our client, Lindsey Properties, the purpose of this letter is
to inform you that our client is aware and in agreement with the parks land dedication
requirement of 1 . 59 acres and money in lieu of the remaining balance in the amount of
569, 187.50.
Thank you for your assistance in this matter.
Sincerely,
Thomas A, Hennelly. P.E.
• STkUCrURAL DPSVGN 0 LAND DEVELOPMENT • WVIOER Sl'STEM5 • u'.ASTEWATER SYSTE).S • LAND 5URVE)7NG
PRAB Regular Meeting
III. Park Land Dedication Ordinance:
Development: Shiloh West Apartments
Engineer: Jorgensen and Associates, Dave Jorgensen
Owner: Lindsey and Associates
Location: South of Hwy 16 on Shiloh Drive and West of Hwy 540
Park District: SW
Units: 264 Multi Family Units
Acres: 18.25 acres llEE .
Land Dedication Requirement: 5.28 acres 7y�
Money in Lieu: $9900
Existing Park Land: Ozark View Park (3.2 acres), Davis Park (9 acres), Wildwood
Park (13.95 acres), Red Oak Park (8.07 acres)
Staff Recommendation: Staff recommends taking partial money and land for a trail to
connect to the city-wide trail.
Staff recommendations are based upon the following:
A. The Sidewalk and Trails Coordinator recommends a trail on the east and south border of
this property. These trails are on the current master trails plan being created by the
Sidewalk and Trails Sub-Committee.
B. The apartment complex currently has planned the following amenities: tennis courts,
swimming pool, clubhouse, playground, and a lake.
C. Proximity to the highway bypass limits functionality for entire land dedication to be used
as a park.
Note: Because Shiloh West Apartments is over 100 units, Ordinance 3793 regulates the Parks
Division to accept a land dedication. The ordinance states as follows:
However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not
feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to
our ordinance be accepted in lieu of land dedication. The City Council will either accept the
recommendation for a cash contribution or return the subdivision plat to the Parks Board with
instructions or for further study.
David Jorgensen presented plans for the proposed Shiloh West Apartments. Mr. Schuldt said this
development had been presented to the Parks and Recreation Advisory Board last year, and the
board had recommended money in lieu of a land dedication and City Council had approved a
waiver ofthe park land dedication ordinance. The developer at that time has withdrawn his request,
and Lindsey and Associates is now requesting the same. Mr. Schuldt said ordinance requires a six-
foot sidewalk be constructed. The recommendation is to take additional land so that a future 10- 12
foot trail could be implemented. Details of the request have not been finalized with Mr. Jorgensen
but would most likely include land from the floodway line to the right of way of Shiloh Drive. A
trail dedication would also be requested along the southern portion of the property. The trail would
allow citizens residing in this and neighboring subdivisions access to the future Boys and Girls
Club as well as other residential areas. Mr. Schuldt stated both parcels being requested are included
on the master trails plan being created by the Sidewalk and Trails Sub-Committee. Mr. Jorgensen
stated in concept the parameters mentioned were agreeable.
MOTION:
Mr. Ackerman moved to accept a combination of land and money in lieu to satisfy the park
land dedication requirement for the proposed Shiloh West Apartments subject to ongoing
negotiations and agreement between the developer and Parks & Recreation staff and
recommend a waiver of the Park Land Dedication Ordinance from City Council.
Ms. Nickell seconded the motion.
Upon roll call, the motion was approved 6-0-1 with Ackerman, Dufour, Colwell, Hill, Eads,
and Nickell voting `yes' and Shoulders abstaining.
January 8, 2001 / Page 2
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• STAFF REVIEW FORM •
xx _ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of March6, 2001 .
FROM :
Connie Edmonston Parks and Recreation Public Works
Name Division Department
ACTION REQUIRED :
Waiver of Ordinance 3793 to accept land and money in lieu as the park land requirement of the Shiloh
West Apartments Subdivision.
COST TO CITY :
$Nola
Cost of this Request Category/Project Budget Category/Project Name
4E l/
Account Number Funds Used To Date Program Name �OR
Project Number Remaining Balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT /GRANT / LEASE REVIEW : GRANTING AGENCY :
Accoun g Ma ager. Date Internal Auditor Date
Z
City AttorrJORDate ADA Coordinator Date
Purchasing officer Date
STAFF RECOMMENDATION :
Waiver of Ordinance 3793 to accept partial land and money in lieu as the park land requirement of
Shiloh West pa ments.
Division ead Date Cross Reference
X/,� A 49:zc-�-- 2-1 01
D entptor D ted//I New Item Yes No
Adm ra ive Se es D ' rector a-Ta ' Prev Ord/Res # :
Z Orig Contract Date : _
Mayor ate Orig Contract Number :
STAFF REVIEW FORM
Description Waiver of Ordinance 3793 _ Meeting Date July 18 , 2000
Comments : Reference Comments :
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
rATTE TLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Connie Edmonston, Parks and Recreation
From: Heather Woodruff, City Clerk
Date: March 22, 2001
Attached is a copy of the ordinance approving the waiver of park land dedication for Shiloh West
Apartments. The original will be microfilmed and filed with the City Clerk.
cc: Planning
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