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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: :� :••, y: Cc. i �• �M � , City Cler bb e n N i • 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 i 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 i Y s Cliffs Apts Ph 3 RIDGEWAY VIEW P RK 7 T Ler. Cliffs Phase 3 Crossover • • a , . HAPPYOLLOW SCHOOUPARK yr BAD , COPIES - '�