The URL can be used to link to this page

Home My WebLink About38-08 RESOLUTIONRESOLUTION NO. 38-08 A RESOLUTION TO GRANT APPROVAL TO ALLOW SOUTHPASS DEVELOPMENT LLC TO SUBMIT A PLANNED ZONING DISTRICT (PZD) TO THE CITY OF FAYETTEVILLE PRIOR TO ANNEXATION INTO THE CITY PURSUANT TO 166.06 (A)(1) OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the City Council passed Resolution No. 138-04 that authorized the Mayor to enter into an agreement to acquire and develop a community park with SouthPass Development, LLC; and WHEREAS, the City shall assist facilitating the planning, zoning and other development approval processes; and WHEREAS, a Master Plan for the approximately 800 acres has been prepared for the Community Park and Development; and WHEREAS, upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a planned zoning district application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville. 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, determines that allowing SouthPass Development LLC to process the annexation, Zoning and Land Use only PZD, and infrastructure cost -shares simultaneously as outlined in Resolution No. 138-04 serves the public interest and is beneficial to the City as a whole, and grants its approval of same. PASSED and APPROVED this 19'h day of February, 2008. ATTEST: By P . S NDRA E. SMITH, City Clerk/Treasurer a„aIIIn,,,,,, �.``rRWTR�';,.,' it() • — FAY ETT EVILLE° y,:9,QKANsts:�J Tim Conklin Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/19/2008 City Council Meeting Date Agenda Items Only Planning and Development Mgt. Operations Division Action Required: .�✓L/OP 0n14+1- Department A RESOLUTION TO GRANT APPROVAL TO ALLOW SOUTHPASS DEVELOPMENT LLC TO SUBMIT A PLANNED ZONING DISTRICT (PZD) TO THE CITY OF FAYETTEVILLE PRIOR TO ANNEXATION INTO THE CITY PURSUANT TO 166.06 (A)(1) OF THE UNIFIED DEVELOPMENT CODE Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached liqui Department Vi irector MAir City Attorn, Finance an Mayor • Comments: Internal Service Director tor Date I- 2.4•61? Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Revised April 16, 2007 City Council Meeting of February 19, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Through: From: Date: Subject: Mayor and City Council Gary Dumas, Director of Operations Tim Conklin, Planning and Development Management Director January 18, 2008 A RESOLUTION TO GRANT APPROVAL TO ALLOW SOUTHPASS DEVELOPMENT LLC TO SUBMIT A PLANNED ZONING DISTRICT (PZD) TO THE CITY OF FAYETTEVILLE PRIOR TO ANNEXATION INTO THE CITY PURSUANT TO 166.06 (A)(1) OF THE UNIFIED DEVELOPMENT CODE RECOMMENDATION Planning Staff recommends approval to allow SouthPass Development LLC to apply for a Planned Zoning District prior to annexation. BACKGROUND The City of Fayetteville passed Resolution No. 138-04 on September 7, 2004, that authorized the Mayor to enter into an agreement to acquire and develop a community park with SouthPass Development, LLC (please see attached Res. No. 138-04). The agreement between the City and SouthPass Development LLC is summarized below: A. A Master Plan is approved by the City and SouthPass Development LLC B. The City has annexed or has committed to annex the property C. The City has zoned or has committed to zone the property D. The entire site is brought into the Fayetteville School District E. The City and Southpass Development LLC shall not be responsible for corrective actions for the landfill This public/private partnership will result the following: A. SouthPass Development LLC shall deed to the City a 200 acre parcel for a Community Park B. SouthPass Development LLC shall deed to the City a 10 acre parcel for the water tank site C. The City shall assist facilitating the planning, zoning and other development approval processes D. SouthPass Development LLC and the City shall cost share (50/50) all cost of extending sewer to the Community Park Site City Council Meeting of February 19, 2008 Agenda Item Number E. SouthPass Development LLC shall contribute One Million Dollars ($1,000,000.00) towards the City's Community Park Chapter 166.06 (A)(1), as amended states "Any property located within the city limits is eligible for a planned zoning district. Upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a planned zoning district application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville." The request is to allow SouthPass Development LLC to process the annexation, Zoning and Land Use only PZD, and infrastructure cost -shares simultaneously as outlined in Resolution No. 138-04. BUDGET IMPACT None RESOLUTION NO. A RESOLUTION TO GRANT APPROVAL TO ALLOW SOUTHPASS DEVELOPMENT LLC TO SUBMIT A PLANNED ZONING DISTRICT (PZD) TO THE CITY OF FAYETTEVILLE PRIOR TO ANNEXATION INTO THE CITY PURSUANT TO 166.06 (A)(1) OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the City Council passed Resolution No. 138-04 that authorized the Mayor to enter into an agreement to acquire and develop a community park with SouthPass Development, LLC; and WHEREAS, the City shall assist facilitating the planning, zoning and other development approval processes; and WHEREAS, a Master Plan for the approximately 800 acres has been prepared for the Community Park and Development; and WHEREAS, upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a planned zoning district application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville. 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, determines that allowing SouthPass Development LLC to process the annexation, Zoning and Land Use only PZD, and infrastructure cost -shares simultaneously as outlined in Resolution No. 138-04 serves the public interest and is beneficial to the City as a whole, and grants its approval of same. PASSED and APPROVED this 19`h day of February. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO.1 38-04 MICROFILMED A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO ACCEPT 200 ACRES OF PARK LAND, A 10 ACRE WATER TANK S ITE, ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF OWNERSHIP OF A 33 ACRE LANDFILL. 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 accepts and approves the Contract with SouthPass Development Company (attached as Exhibit "A") to accept 200 acres of park land, a 10 acre water tank site, one million dollars for park land development and other consideration for the City's acceptance of a 33 acre landfill and its agreement to spend the money currently identified in its Parks Capital Improvement Plan for the community park development. PASSED and APPROVED this 7'h day of September, 2004. ATTEST: By: APPROVED - D COODY, Mayor By: J 'a ?iAS: GCCY °;.3-C:A ;FAYE TEVILLE: _ tvit : a .,y/NG;0t4¶ , S NDRA SNHTH, Ci Clerk AGREEMENT TO ACQUIRE AND DEVELOP THE COMMUNITY PARK FOR FAYETTEVILLE This contract and agreement is entered into by the City of Fayetteville and SouthPass Development Company, LLC (hereinafter "SouthPass"); Whereas, the City of Fayetteville desires to obtain a 200 acre Community Park for its citizens and tourists; and Whereas, the Parks and Recreation Advisory Board has carefully studied available sites and determined that the Cummings' property is the most desirable site for the Community Park; and Whereas, The City of Fayetteville does not have the current resources to both purchase the necessary acreage and develop such acreage into a functioning, attractive Community Park and so publicly requested proposals from developers for a public/private partnership to facilitate the acquisition and development of the Community Park; and Whereas, SouthPass Development Company, LLC submitted a workable, attractive proposal which was selected by the City's selection committee as the recommended proposal. NOW, THEREFORE, pursuant to the terms and conditions of the City's Request for Proposals and SouthPass Development Company, LLC's recommended Proposal, the City and SouthPass agree as follows: 1. Upon approval of this contract,by the Fayetteville City Council and SouthPass Development Company, LLC and the accomplishment of all contingencies listed below, SouthPass shall tender to the trustee/owners of the Eight Hundred Acre (more or less) Cummings property an unconditional offer to purchase all said property for the sum of Six Million Nine Hundred Thousand Dollars ($6,900,000.00). The obligation of SouthPass Development Company, LLC shall not become binding or enforceable until all the below contingencies have been fully accomplished: (A) A Master Plan for the development of the approximately 800 acre site has been prepared and approved by SouthPass Development Company LLC and the City of Fayetteville; • (B) The City Council has annexed or committed itself to annex the entire 800 acre site; (C) The zoning of the portion of the 800 acre site to be owned by SouthPass has been accomplished or. the City Council has committed itself to rezone that portion in conformance with the approved Master Plan; (D) The Greenland School District and Fayetteville School District have agreed that this entire site shall be within the Fayetteville School District; (E) The Arkansas Department of Environmental Quality has agreed with the present owners of the Cummings landfill and assured the City of Fayetteville that the costs of the necessary corrective actions for the landfill shall not be borne by, recovered from, assessed to, or collected from the City of Fayetteville or SouthPass Development Company, LLC. 2. If this Offer is accepted by the Trustee and the Court, and all others necessary to accept the offer and legally deed the entire tract of 800 acres, more or less, SouthPass Development company, LLC shall pay the agreed price to the trustee/owners and the land shall be conveyed by warranty deed free from all encumbrances to the following parties: (A) SouthPass Development Company, LLC shall be deeded the entire Eight Hundred (800) acre tract, more or less, except the 33 acre Landfill; (B) The City of Fayetteville shall be deeded (free and clear of any obligation to pay, repay, or otherwise fund the necessary corrective actions for the landfill: partial or full recapping of the landfill and restoration of the stream corridor) the Thirty -Three (33) acre abandoned and closed landfill located within the 800 acre property; (C) South Pass Development Company LLC shall convey by warranty deed to the City of Fayetteville a Two Hundred (200) acre parcel for the Community ParIC which location shall be determined by the City; (D) SouthPass Development Company LLC shall convey by warranty deed the Ten (10) acre City of Fayetteville water tank site to the City of Fayetteville. 3. To facilitate the preparation of the Master PIan, the City shall immediately pay for the perimeter survey of the property and the 200 acre. Community Park site. 4. SouthPass shall fund up to $10,000.00 and retain a mutually acceptable community master planning consultant for recommendations for a Master Plan for this entire 800 acre area (including the 200 acre Community Park area). 5. The City of Fayetteville shall assist in facilitating the planning, zoning and other development approval processes which arein accordance with the mutually acceptable master plan. 6. The City of Fayetteville shall recommend to the Fayetteville School Board and Greenland School Board that this property should be within the Fayetteville School District. 7. The City of Fayetteville and SouthPass shall cost share (50/50) all costs of extending sewer to the Community Park site and neither shall charge for the acquisition -of necessary water or sewer easements across their property to serve their land within this 800 acre area. 8. If all the contingencies listed in paragraph 1 have been: accomplished and all the actions listed in paragraph 2 have been achieved, SouthPass Development Company LLC shall contribute One Million Dollars ($1,000,000.00) when the City is ready to award the first construction contract utilizing the 2004 and 2005 budgeted CIP allocation as shown in Exhibits A and B*. Signed this 3 day of 2004. Signed this ! day of September, 2004. SOUTHPASS DEVELOPMENT CO. PANY LLC FAYE EVILLE, ARKANSAS By: CITY OF • By Attest: D COODY Mayor Sondra Smith, City C *Attached as Exhibit A are copies of the current Capital Improvement Program adopted last• December by the City Council showing 2004-2008 Parks Development Fund allocations for Comnnntity Park Development (total about $2.4 million) and Sales Tax CIP funds allocated to Community Park Development (total about $1.2 million). Attached as Exhibit Bis the amount of funds that have been allocated by the City Council that will. be available on January 1, 2005 for development of the Community Park (about $1.6 million). (2.29.08) Clarice Pearman - Res. 38-08 Page 1 From: To: Date: Subject: Attachments: Clarice Pearman Conklin, Tim 2.29.08 4:27 PM Res. 38-08 38-08 Southpass Development LLC.pdf CC: Audit Tim: Attached is a copy of the above resolution passed by City Council regarding Southpass Development LLC. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice