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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 . . tNtt � � APPROVED: � % •. rte'-iS`�� '. •AWSW '44 - By: . AN COODY, Ma . . By: K� eather Woodruff, City Clerk 0 • 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 • K � a IA J .T ... C i� . Y e• r A stiv.. . MI. ,, _ 1 r 1 1 4 acres , r '} 4 ` *AL• Y '; low KOM W, b � • Y - 1 Q t� C .a� �.. t 11 11 I I f,a t 4 t • 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 Z o�