HomeMy WebLinkAboutOrdinance 4328 ORDINANCE NO, 4328
AN ORDINANCE WAIVING THE PARK LAND DEDICATION
REQUIREMENTS OF ORDINANCE NO. 3793 OF 1994 FOR THE
CLIFFS APARTMENTS-PHASE M. AND ACCEPTING CASH IN THE
AMOUNT OF ONE HUNDRED THIRTY THOUSAND FIVE
HUNDRED DOLLARS ($ 130,500.00) IN LIEU THEREOF AS
PROVIDED FOR IN § 166.03(x) OF THE UNIFIED DEVELOPMENT
ORDINANCE OF THE CODE OF FAYETTEVILLE.
WHEREAS, the applicant has provided amenities such as three (3) man-
made lakes stocked with fish, a swimming pool, and several barbecue grill and
picnic table areas for the use and enjoyment of the residents of the existing units
of the Cliffs Apartments, and;
WHEREAS, the Cliffs Apartments-Phase III is planned to include
additional amenities of a similar nature, and;
WHEREAS, the City desires to acquire park land to the north of this
development in the future.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council hereby waives the park land dedication
requirements of Ordinance No. 3793 of 1994 for The Cliffs Apartments-Phase III,
and accepts cash in the amount of One Hundred Thirty Thousand Five Hundred
Dollars ($ 130,500.00) in lieu thereof as provided for in § 166.03(K) of the Unified
Development Ordinance, of the Code Of Fayetteville.
PASSED AND APPROVED this 7th day of August, 2001 .
APPROVED:
By: Jaxw ;19t*�4
DAN COODY, Mayor
ATTEST:
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NAME OF FILE: Ordinance 4328
CROSS REFERENCE:
08/07/01 Ordinance 4328
07/16/01 Departmental Correspondence to Mayor Coody & City Council thru
Hugh Earnest, Urban Dev. Director, from Connie Edmonston, Parks &
Rec. Superintendent, regarding waiver of the park land dedication
Ordinance 3793
Attachments: Location Map
Parks & Res. July 9, 2001 Meeting Minutes
Letter from Crafton, Tull & Assoc./June 26, 2001
Letter from Craig Underwood/June 18, 2001
08/07/01 Staff Review Form
08/13/01 Departmental Memo to Connie Edmonston, Parks & Recreation, from
Heather Woodruff, City Clerk
NOTES :
FAYETTEV&LE •
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Coody and City Council
THRU: Hugh Earnest, Urban Development Director
FROM: Connie Edmonston, Parks & Recreation Superintenden&67
DATE: July 16, 2001
SUBJECT: Waiver of the Park Land Dedication Ordinance 3793
Background
Cliffs Apartments Phase III is a proposed subdivision located west of Highway 265
adjacent to the current Cliffs Apartments. The owner of the subdivision is Bill Underwood and
the engineer is Crafton, Tull and Associates. Phase III contains 348 multi-family units on 47
acres located in two different areas within the development. The land north of the current
apartments would contain 60 multi-family units on I 1 acres, of which 8.3 acres, or 75 percent,
will remain open areas. The development to the southwest will contain 32.3 acres of which 17
acres, or 53 percent, will remain open areas. The requirement for park land is 6.96 acres and
money in lieu is $ 130,500 for the 348 multi-family development. The Park Land Dedication
Ordinance states if a large scale development is over 40 acres or 100 units, the requirement is
land.
"...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 ofland 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 further study. " ( Unified Development Ordinance No. 166.03K )
Current Status
Parks and Recreation staff met with the owner and engineering firm to evaluate the site.
The development was presented to the Parks and Recreation Advisory Board on July 9, 2001 .
Recommendation
Parks and Recreation staff and the Parks and Recreation Advisory Board recommended to
accept money in lieu as the requirement thus requiring a wavier of the Park Land Dedication
ordinance for the reasons stated below:
1 . The development provides lakes, swimming pool, basketball court, trail and picnic
facilities for their residents. See attached letter.
2. Happy Hollow School Park and Ridgeway View Park are located in this area.
3. There would be confusion between the City Park and the residential park features of the
development.
4. Park land acquisition to the north of the development is preferred in the future.
5. The owner desires the requirement of money in lieu.
Attachments:
Location Map
PRAB July 9, 2001 Meeting Minutes
Letter: Crafton, Tull & Associates
Letter: Craig Underwood
V. Park Land Dedication Ordinance:
Development Name: Cliffs Apartments Phase III
Engineer: Crafton, Tull and Associates, Inc. (Jerry Kelso)
Owner: Bill Underwood
Location: North of Wyman Road and west of Hwy. 265
Park District: SE
Units: 348 multi units P
Total Acres: 147.5 acres It
Land Dedication Requirement: 6.96 acres
Money in Lieu Requirement: $ 130,500
Existing Parks: Happy Hollow School Park (5 acres)
Ridgeway View Park (6 acres)
Developer Recommendation: Money in lieu of land.
Staff Recommendation: Money in lieu of land thus requiring a waiver of the
ordinance to City Council for the following reasons:
1 . The development provides lakes, swimming pool, basketball court, trail and picnic
facilities for its residents.
2. Happy Hollow School Park and Ridgeway View Park are located in this area.
3. There would be confusion between the City Park and the residential park features the
development is providing.
4. Park land acquisition north of the development is preferred in the future.
". . .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 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 and Recreation Advisory Board with instructions or for further
study. "
(Unified Development Ordinance § 166.03K)
Jerry Kelso, an engineer with Crafton, Tull and Associates, gave an overview of the Cliffs
Apartments project which began in 1993. Because 288 units are planned for development outside
the original 1993 plan, this addition requires a park land dedication recommendation. Phase III of
the development includes 348 multi units on 147.5 acres. Like the first two phases, Mr. Kelso said
recreational amenities such as a swimming pool, fishing lakes, tennis court, basketball goals,
benches, grills, and a clubhouse would be provided for the residents. Additionally, a
walking/jogging trail is planned for the complex. Although developers are not required to provide
such amenities for their residents, Ms. Edmonston said she encouraged them to do so. Ms.
Edmonston said land acquisition north of the development is preferred in the future. Mr. Ackerman
requested a list of amenities planned for the complex be filed with the Parks Office.
MOTION:
Mr. Hill moved to accept money in lieu of a land dedication to satisfy the park land dedication
requirement for the proposed Cliffs Apartments Phase III 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 unanimously 8-0-0.
July 9, 2001
_ JUhJ-26-2001 16 : 51 CRRFTON TULL FA'rETTEVILLE 501 442 6966 P . 01!01
Princilmis • • Associates
Denny L. Brown, P.E. EMM11 L Balk, P.E.
Rcoen M. (Man) Craiton. P.E. dames S. Geunn, P.E.
Thomas E. Hopper, P.E. A' Harris, R.L.S.
Kudis J. Jones. P.E. I.amCs W. Koolsna, A I A.
• Ciine L. Mansur. P.E., RLS ;ew J. Kelso, P.E.
R,E. (Gene) Rasps. P.E. Kenneth P,. Kuras. P.'_.5.
David Swearingen. AJ A. Tom ,Mansur. P.E.
James L. Tull, C.D.A. 40 P;Oen C. Reece. P.E.
R ck G. Rose, P.L.S.
Principal Emeritus George 0. Strella. P.E.. D.E.E.
Lemuel H. Tull. P.E. CraftCn, Tull & Associates, Inc. James R Swearingen, AAA.
Boo H. Cralton, RE. Architects, Engineers & Surveyors Richard Wright. R.LS.
Harry G. Cray. P.E.
(1341 -1997)
Ms. Connie Edmonston June 26, 2001
Parks Superintendent
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72703
Re: The Cliffs Phase 3
Existing Amenities
CTA No. 93033-06
Dear Ms. Edmonstan
As you requested, we have located the existing amenities within the Cliffs Apartment
Complex on Highway 265. There are 6 charcoal grill & picnic table combinations and
one gazebo that exist within the complex at this time. There are also 3 existing lakes
that are stocked with fish and can used by all residents for fishing. Swimming is not
allowed in these lakes, but a swimming pool does exist in Phase 1 for that purpose. A
sketch that shows the location of these existing amenities is attached for your use.
• With the planned additions to the Cliffs in the 3r0 phase of the development, the same
pattern will be followed with picnic tables and Charcoal grills placed throughout the
addition. Precisely how many table/grill combinations will be added is yet to be
determined. Two new lakes will be constructed and will be stocked with fish. Also,
several basketball goals will be erected throughout both tie existing and proposed
complexes. An Olympicsized pool along with a very large clubhouse will also be
constructed , and will be available for use by residents of the complex. A jogging/walking
trail is planned for the entire development, and will be constructed along with the
proposed 24 units in Phase 3.
Should you have any questions regarding this information or require any additional
information, please feel free to contact us at your earliest convenience.
Sincerely,
ems: �M
Chris Parton, E. I
Project Engineer
Cr. Craig Underwood
Fax: 521 -8296
• 2345 N. Green Acres Rd. / Fayetteville, Arkansas 72703 / (501 ) 443-4535 / FAX (501 ) 442-6966
TOTPL -r . Ol
CERTIFIED GEMOLOGIST APPRAISER
SOCIETY AMERICAN GEM SOCIETY
• FINE JEWELERS
K
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June 18, 2001
Parks & Recreation
113 W Mountain
Fayetteville AR 72701
ATTN : Kim Rogers
• We as the developers prefer to give money in leu of land for a city park for the development of
The Cliffs Phase III.
Cordially,
g Underwood
• C
HI R'G` I" JACKSON P.O. DRAWI.R 1223 FANTI l l'\'ILLY. ARKANSAS 72701 ARIA 501 -521 -2(%x) I'AX 501 . 5_> 1 -8216
` ' • STAFF REVIEW FORM •
xx _ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of August 7 , 2001
FROM :
Connie Edmonston Parks and Recreation Urban Development
Name Division Department
ACTION REQUIRED :
Waiver of Ordinance 3793 to accept land and money in lieu qlk the park land requirement of the Cliffs
Apartments Phase II Development. pp��
COST TO CITY :
S nla $
Cost of this Request Category/Project Budget Category/Project Name
S
$ F
Account Number Funds Used To Date Program Name
$
Project Number Remaining Balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Bridget Ma^ � Administrative Services Director
CONTRACT /GRANT / LEASE REVIEW : GRANTING AGENCY :
Accounting Manager Date Internal Auditor Date
5 1 . / f 6Lr r7 2?"o
City Attorney Date 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
Cliffs Apartme s Phase ill .
M � �'2D
vision Head Date Cross Reference
ioglf D r en Director �Zt
New Item: Yes No
bAd ?/ Prev Ord/Res # :
mi rative ervices hector / —
Orig Contract Date : _
Mayor to Orig Contract Number :
STAFF REVIEW FORM
Description Waiver of Ordinance 3793 Meeting Date July 17 , 2001
Comments : Reference Comments :
Budget Coordinator
Accounting Manager
City Attorney 2
I A0 YET O �• � GCf ! � 66- ct[..A+le-
ak
Purchasing Officer
ADA Coordinator
Internal Auditor
• STAFF REVIEW FORM 301310S,NU310A110
3T11A310Atlj j0 A110
xx _ AGENDA REQUEST �ooa t inr
CONTRACT REVIEW
GRANT REVIEW 03AI3038
For the Fayetteville City Council meeting of August 7 , 2001
FROM :
Connie Edmonston Parks and Recreation Urban Development
Name Division Department
ACTION REQUIRED :
Waiver of Ordinance 3793 to accept land and money in lieu as the park land requirement of the Cliffs
Apartments Phase II Development.
COST TO CITY :
s n/a
Cost of this Request Category/ Project Budget Category / Project Name
Account Number Funds Used To Date Program Name
Project Number Remaining Balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Manager Administrative services Director
CONTRACT / GRANT / LEASE REVIEW : GRANTING AGENCY :
Accounting Manager Date Internal Auditor Date
City AttorneyDate 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
Cliffs Apartments Phase lll .
ItIvision Head Date Cross Reference
Department Director , Date New Item : Yes No
Administrative services Director Date Prev Ord/Res # : _
Orig Contract Date : _
Mayor Date
Orig Contract Number :
RECFn*:
'JUL 1 3 2001
CITY OF
CITY CLEF::c Ci=
FAYETTEV&LE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Connie Edmonston, Parks and Recreation
From: Heather Woodruff, City Clerk
Date: August 13, 2001
Attached is a copy of the ordinance waiving the park land dedication requirements for the Cliffs
Apartments, Phase III. The original will be microfilmed and filed with the City Clerk.
cc: Tim Conklin, Planning
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Cliffs Apts Ph 3
RIDGEWAY VIEW P RK
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T Ler. Cliffs Phase 3 Crossover • • a , .
HAPPYOLLOW SCHOOUPARK
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