HomeMy WebLinkAbout91-07 RESOLUTIONRESOLUTION NO. 91-07
A RESOLUTION TO APPROVE THE BILL OF ASSURANCE
AND CONTRACT BETWEEN THE LINKS AT
FAYETTEVILLE AND THE CITY OF FAYETTEVILLE
WHEREAS, James E Lindsey, manager of The Links At Fayetteville on May 10, 2007,
offered the attached Bill of Assurance to the City of Fayetteville; and
WHEREAS, paragraph 5 of this agreement requires any needed acquisition of right of
way to be accomplished by the City and paragraph 7 requires an equal cost share between the
City and The Links of the approximate $130,000.00 improvement to Rupple Road north of The
Links property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Bill of Assurance offered by The Links At Fayetteville by its manager, James E
Lindsey, and authorizes Mayor Coody to execute this agreement and spend the amount necessary
to fulfill the City's obligations of paragraph 7.
PASSED and APPROVED this 15`" day of May, 2007.
APPROVED: ATTEST:
By
DA ,' COODY, Mayor
•
•
By:
SONDRA E. SMITH, City Clerk/Treasurer
•
•
•
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Bill of Assurance
Page 1
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning
reclassification, and to clarify and determine any possible cost sharing proposal
for certain road improvements, the owner(s), developer, or buyer of this property
The Links at Fayetteville, a Limited Partnership, (hereinafter "Petitioners"), and
the City of Fayetteville, Arkansas (the "City") offer this Bill of Assurance and
enter into this binding agreement and contract.
The Petitioners expressly grant to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Circuit Court of
Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or
successors violate any term of this Bill of Assurance, substantial irreparable
damage justifying injunctive relief has been done to the citizens and City of
Fayetteville, Arkansas. The Petitioners acknowledge that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonably rely
upon all of the terms and conditions within this Bill of Assurance in considering
whether to approve Petitioners' rezoning request.
Petitioners and the City of Fayetteville hereby offer assurances that
Petitioners and the City shall comply with the terms and conditions set forth
below IF Petitioners' rezoning is approved by the Fayetteville City Council.
1. Developer shall grant to the City of Fayetteville an additional five feet
of street right-of-way, over and above the required right-of-way along
Rupple Road for a major arterial roadway.
2. Beginning at Wedington Road, the developer shall widen the existing
roadway eastward approximately 28' to establish additional lanes of
traffic including a 6' sidewalk with available right of way. The street
will then transition to a boulevard section at the south boundary line
of "The Links". The transition lengths, lane configurations, and
geometry shall be subject to City of Fayetteville staff approval and
available right of way. See Exhibit A.
A two-lane 28 foot road section with curb and gutter shall be
constructed by Developer approximately ten feet east of the existing
Rupple Road, as shown by a road section diagram, attached hereto as
Exhibit A, from the south boundary to the north boundary of the
Property.
Bit! of Assurance
Page 2
At the north boundary of the Property, the four lane stretch of Rupple
Road shall be tapered into a two-lane 28 foot wide section of road with
no curb, gutter or storm sewer, only open drainage, to be overlaid on
top of the existing Rupple Road north to the intersection of Mount
Comfort Road. Widening of Rupple will be subject to agreement of
adjacent property owners.
5. Developer shall not be responsible for the acquisition of any additional
right-of-way, access easements, construction easements, etc., if needed
In the event any additional right -of way, access easements,
construction easements, etc., are needed to complete the work detailed
in this agreement, it shall be the responsibility of the City to acquire
said items.
The existing Rupple Road north of the Property (the "Northern
Section") shall be widened from its existing width to a width of 28 feet.
However, the existing 24 foot bridge located north of the Property
shall be left in place. No improvements to said bridge are the
responsibility of Developer. The roadway shall be tapered both north
and south of said bridge to accommodate a 28 foot wide street section
on both sides of the bridge. The widening See Exhibit A for cross-
section.
7. All construction on the Northern Section shall be done as a separate
and distinct project from construction taking place adjacent to and
south of the Property. The City of Fayetteville and the Developers
shall split the costs of the Northern Section evenly with an estimated
total cost of $130,000.00.
The Developer nor any of its affiliates shall take a profit with relation
to the construction of the Northern Section. Developer shall provide to
the City estimates of the costs for improvements to the Northern
Section prior to construction taking place. Developer shall also
provide detailed construction invoices and certified costs to the City of
Fayetteville upon completion of the Northern Section.
9. Developer shall provide bicycle lane stripping along both the newly
constructed portion of Rupple Road as well as the existing portion of
Rupple Road.
10. Petitioners specifically agree that all such restrictions and terms shall
run with the land and bind all future owners unless and until
specifically released by Resolution of the Fayetteville City Council.
Bill of Assurance
Page 3
This Bill of Assurance shall be filed for record in the Washington
County Circuit Cleric's Office after Petitioners' rezoning is effective
and shall be noted on, any Final Plat or Large Scale Development
which includes some or all of Petitioners' property.
11. Any additional traffic signal improvements or assessments in lieu
thereof, as determined necessary by the Planning Commission based
upon the approved traffic study at the time of development review,
shall be constructed by the developer. Based on phasing of the project,
assessments for traffic signals or other delayed improvements deemed
necessary shall be paid on a pro rata basis, and installed once the
improvement are warranted.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, The Links at Fayetteville, a Limited Partnership, as
the owners, developers or buyers (Petitioners) and The City of Fayetteville, as
governing municipal authority,' offer all such assurances and sign our names
below.
S-la-zoo1
Date
moo E. 3"oY'E
Address
GA irTEYrt6E,4tt 7003
5//1/07
Dat
113 W, 01e74nlaiii
Address, /1.1 z917)701
AT FAYE 11'EVILLE,
PARTNERSHIP
`FAMES C. LOW, MANAGEI(
Printed Name
THE CITY OF FAYE 1"1'EVILLE,
ARKANSAS
BY
Signature
(ban 1od y
Printed Name
Bill of Assunnice
Page 4
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
d now on this the day of `i0,.(n_ , 2007, appeared before
me, Car - S E �—i ►'�GtiS 1 and after
being placed upon his/her oath sw or affirmed that he agreed with the terms
of the above Bill of Assurance and signed his name above.
My Commission Expires:
OFFICIAL SEAL
JOY L HOOPS
NOTARY PUBLIC . ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP. 09/01/2014
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►. Ate 4.
PUBLIC
la Y e LLeville
ARKANSAS
THE CITY OF IAYETTE.VIL,LI
ARKANSAS
PLANNING DIVISION CORRESPONDENCE
as
5?/5/67
RECEIV
MAY 11 P007
OTTYOF
cm,CLERK'FAYS OFFICE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
To:
From:
Date:
Subject
City Council, Mayor Dan Coody p
Jeremy Pate, Director of Current Planning X�
May 11, 2007
Links at Fayetteville R-PZD Bill of Assurance
Please find the attached Bill of Assurance as offered by Jim Lindsey, owner of the subject property
and manager of The Links at Fayetteville, A Limited Partnership. This offer to the City Council, in
consideration of the requested rezoning proposal, involves additional improvements to Rupple Road
in the vicinity of the Links PZD project, including improvements from Wedington to Mt. Comfort
Road, as existing right-of-way permits. Please see the attached documents for further information.
K:l/eremy12007 CorrespondencelBoard AAemostt inks Bill ofA.ssurance.doc
as Couv&J ittextina,
5115107
RESOLUTION NO.
A RESOLUTION TO APPROVE THE BILL OF ASSURANCE
AND CONTRACT BETWEEN THE LINKS AT FAYETTEVILLE
AND THE CITY OF FAYETTEVILLE
WHEREAS, James E. Lindsey, manager of The Links At Fayetteville on May 10, 2007,
offered the attached Bill of Assurance to the City of Fayetteville; and
WHEREAS, paragraph 5 of this agreement requires any needed acquisition of right of
way to be accomplished by the City and paragraph 7 requires an equal cost share between the
City and The Links of the approximate $130,000.00 improvement to Rupple Road north of The
Links property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Bill of Assurance offered by The Links At Fayetteville by its manager, James E.
Lindsey, and authorizes Mayor Coody to execute this agreement and spend the amount necessary
to fulfill the City's obligations of paragraph 7.
PASSED and APPROVED this 15th day of May, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
•
•
Bill of Assurance
Page 1
s,1, a D
atch is. 51/S1/4 7
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a . zoning
reclassification, and to clarify and determine any possible cost sharing proposal
for certain road improvements, the owner(s), developer, or buyer of this property
The Links at Fayetteville, a Limited Partnership, (hereinafter "Petitioners"), and
the City of Fayetteville, Arkansas (the "City") offer this Bill of Assurance and
enter into this binding agreement and contract.
The Petitioners expressly grant to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Circuit Court of
Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or
successors violate any term of this Bill of Assurance, substantial irreparable
damage justifying injunctive relief has been done to the citizens and City of
Fayetteville, Arkansas. The Petitioners acknowledge that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonably rely
upon all of the tern -is and conditions within this Bill of Assurance in considering
whether to approve Petitioners' rezoning request.
Petitioners and the City of Fayetteville hereby offer assurances that
Petitioners and the City shall comply with the terms and conditions set forth
below IF Petitioners' rezoning is approved by the Fayetteville City Council.
1. Developer shall grant to the City of Fayetteville an additional five feet
of street right-of-way, over and above the required right-of-way along
Rupple Road for a major arterial roadway.
Beginning at Wedington Road, the developer shall widen the existing
roadway eastward approximately 28' to establish additional lanes of
traffic including a 6' sidewalk with available right of way. The street
will then transition to a boulevard section at the south boundary line
of "The Links". The transition lengths, lane configurations, and
geometry shall be subject to City of Fayetteville staff approval and
available right of way See Exhibit A.
A two-lane 28 foot road section with, curb and gutter shall be
constructed by Developer approximately ten feet east of the existing
Rupple Road, as shown by a road section diagram, attached hereto as
Exhibit A, from the south boundary to the north boundary of the
Property.
Bill of Assurance
Page 2
4. At the north boundary of the Property, the four lane stretch of Rupple
Road shall be tapered into a two-lane 28 foot wide section of road with
no curb, gutter or storm sewer, only open drainage, to be overlaid on
top of the existing Rupple Road north to the intersection of Mount
Comfort Road. Widening of Rupple will be subject to agreement of
adjacent property owners.
5. Developer shall not be responsible for the acquisition of any additional
right-of-way, access easements, construction easements, etc., if needed
In the event any additional right -of way, access easements,
construction easements, etc., are needed to complete the work detailed
in this agreement, it shall be the responsibility of the City to acquire
said items.
The existing Rupple Road north of the Property (the "Northern
Section") shall be widened from its existing width to a width of 28 feet.
However, the existing 24 foot bridge located north of the Property
shall be left in place. No improvements to said bridge are the
responsibility of Developer. The roadway shall be tapered both north
and south of said bridge to accommodate a 28 foot wide street section
on both sides of the bridge. The widening See Exhibit A for cross-
section.
All construction on the Northern Section shall be done as a separate
and distinct project from construction taking place adjacent to and
south of the Property. The City of Fayetteville and the Developers
shall split the costs of the Northern Section evenly with an estimated
total cost of $130,000.00.
8. The Developer nor any of its affiliates shall take a profit with relation
to the construction of the Northern Section. Developer shall provide to
the City estimates of the costs for improvements to the Northern
Section prior to construction taking place. Developer shall also
provide detailed construction invoices and certified costs to the City of
Fayetteville upon completion of the Northern Section.
Developer shall provide bicycle lane stripping along both the newly
constructed portion of Rupple Road as well as the existing portion of
Rupple Road.
10. Petitioners specifically agree that all such restrictions and terms shall
run with the land and bind all future owners unless and until
specifically released by Resolution of the Fayetteville City Council.
•
•
•
•
•
Bill of Assurance
Page 3
This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioners' rezoning is effective
and shall be noted on. any Final Plat or Large Scale Development
which includes some or all of Petitioners' property.
11. Any additional traffic signal improvements or assessments in lieu
thereof, as determined necessary by the Planning Commission based
upon .the approved traffic study at the time of development review,
shall be constructed by the developer. Based on phasing of the project,
assessments for traffic signals or other delayed improvements deemed
necessary shall be paid on a pro rata basis, and installed once the
improvement are warranted.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, The Links at Fayetteville, a Limited Partnership, as
the owners, developers or buyers (Petitioners) and The City of Fayetteville, as
governing municipal authority, offer all such assurances andsign our names
below.
5-l0;1907
Date
Moo 5. -PYLE
Address
GASerTENertt4 AR 71703
THE LI AT FAYETTEVILLE,
A
PARTNERSHIP
/..01 ` ,
ar
l ature
TAMES E. I.SMASE`f, MANAIrEI(
Printed Name
THE CITY OF FAYETTEVILLE,
ARKANSAS
BY
Date Signature
Address
Printed Name
Bill of Assurance
Page 4
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
d now on this the day of ` 1(
` 2007, appeared before
me, Cl IKC S E• L S V and after
being placed upon his/her oath swor affirmed that he agreed with the terms
of the above Bill of Assurance and signed his name above.
My Commission Expires:
q—c
OFFICIAL SEAL
JOY L. HOOPS
NOTARY PUBLIC . ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP. 09/01/2014
ACRY PUBLIC
•
•
•
Erl
LU
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Bi I, hALS
•
5/15/2007
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Cam Aktfek 5f/s/87
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Good afternoon City Council Members;
As you are aware, you will once again address an appeal for Lindsey's project along
Rupple road;
The Links at Fayetteville Appeal: An ordinance.establishing a Residential Planned
Zoning District titled R-PZD 07-2452, The Links at Fayetteville, located at the
northeast corner of Wedington and Rupple Road; containing approximately 152.23
acres, amending the official zoning map of the city of Fayetteville; and adopting the
Associated Master Development Plan.
I write this email with some reservation. There seems to be some unwritten rule or
"protocol" between developers. Though often times we don't necessarily care for
another developer's project, some of us consider it inappropriate to publicly voice our
distaste with another's proposal. Now having made it to third reading, I have decided
to break my silence and voice my opinion with Lindsey's proposal. Of course, this
email is purposed to do just that.
I (and many of my staff), attended several meetings during the construction of the
City Plan 2025. I feel the input from schooled and experienced planners within my
own company, our hired consultants, city planners, and the citizens themselves
mapped a fairly clear direction to how they feel Fayetteville should develop and
redevelop over the next couple of decades. If you'll recall, you approved one of my
own projects known as Park West many months prior to the creation of the City Plan
2025. As it turned out, Park West was the literal model of the soon -to -be -adopted
plan. Most of the principles from which Park West was designed became the same
principles that make up the City Plan 2025. Another of our projects, known as
OakBrooke, utilizes the same design principles.
To my misfortune, The Links is proposed to be directly adjacent to (across Rupple
Road) to my Oakbrooke project. And now that I think about it, I don't remember
seeing any "notification" by mail of The Links project. We will soon be seeking final
plat for OakBrooke and we intend to bring the project back to City Council for
modifications that will actually make the project more harmonious with the principles
of the City Plan 2025. And, depending on the Council's support of those
modifications, OakBrooke will provide the opportunity for many QUALITY workforce
houses. I feel The Links has "missed the boat". In my own opinion, The Links fails to
adhere to even the most basic principles of the City Plan 2025, which the proponents
of The links claims is at least the foundation from which the design evolved. I feel
The Links is another classic example of urban sprawl. The Links is only another
pseudo golf course apartment complex of repetitive boxes designed for the housing
of college students; destined to become more of the same unkempt motel -style and
miniature golf course apartment complexes that litters our city.
• "Safe Community" — Another couple of projects much like the proposed,
known as Lakeside Village and The Greens at Lakeside Village are both classic
examples of an unsafe environment to live. You only have to refer to many
newspaper articles over the last 12 months. An apartment complex the size of
The Links would be difficult to manage, with regard to safety, even for an
experienced, professional, management team.
• "Housing Choices..."- Even attainable housing buyers would not appreciate the
environment their limited "choices" are to be located within. Even attainable
home buyers are entitled to a safe environment for their children to be raised
in. "Neighborhood", "Sense of Community", "housing for seniors", "qu'ality
rental housing"; please. The Links reminds me of no neighborhoods 1 grew up
in or any neighborhood of friends I visited.
• "Ease of Mobility..."- I realize that Rupple will be constructed at no cost to the
city, but this is only one road. Has he developer been assessed for the new
bridge to be constructed at the north end of Rupple just south of Mt. Comfort?
Many others of us have indeed been assessed. Many of us have been required
not only to reconstruct existing roads, but have been assessed off-site
improvement fees and are constructing master -planned collector streets at
our own expense; all within and around the same large development; refer to
Park West. For the type of density being requested, The Links should be very
pleased with only having to purchase the construction of two lanes of kupple
Road. What were the findings of the Traffic Study? Has there been a traffic
study performed; with the current proposed street configuration?
A development of this nature is the perfect formula for traffic congestion.
• "Mix of Uses" - Proper urban planning suggests just that; a "mix" of uses. The
proposed project (unless the design is different than what I have previously
seen), this project doesn't conform. Though the project does offer a few
different uses, the geographical size of the project allows for those uses to be
segregated; as with any traditional sprawl development.
I could site many other issues 1 have with the project, but I feel those sited above
are ample reason to deny approval of The Links. I am concerned that we would be
setting example of what kind of development we are willing to accept on the west
side of town; repeating the same mistakes we made on the east side of town.. I feel
The Links is a bad idea for a rapidly developing part of town.
Thank you for considering my point of viewpoint and good luck tonight.
Tracy K. Hoskins
(5.23.07) Clarice Pearman - Res. 91-07
From:
To:
Date:
Subject:
Attachments:
Page 1
Clarice Pearman
Pate, Jeremy
5.23.07 2:11 PM
Res. 91-07
91-07 Links Bill of Assurance.pdf
CC: Audit; GIS
jeremy,
Attached is a copy of the above resolution passed by City Coundl, May.15, 2007. If anything else is needed please let me know.
Have a good day.
Thanks.
Clarice
A