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RESOLUTION NO. 76-08
A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING CONCERNING ANNEXATION AND
ZONING OF CERTAIN REAL PROPERTY WITH WG LAND
COMPANY LTD. PARTNERSHIP.
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 a Memorandum of Understanding concerning annexation and
zoning of certain real property with WG Land Company Ltd. Partnership. A
copy of the Memorandum, marked Exhibit A is attached hereto and made a part
hereof.
PASSED and APPROVED this 1st day of April, 2008.
APPROVED: ATTEST:
By:
By: be L�t.0
S NDRA E. SMITH, City Clerk/Treasurer
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Memorandum of Understanding
This Memorandum of Understanding, made and entered into this a day of April,
2008, by and between the City of Fayetteville, Arkansas, a municipal corporation, 113 W.
Mountain, Fayetteville, Arkansas, and WG Land Company Ltd. Partnership, 3535 North College
Avenue, Fayetteville, Arkansas
WG Land Company Ltd. Partnership agrees to seek de -annexation of its real property
abutting the proposed Van Asche Boulevard Extension from the City of Johnson once the
proposed street extension is funded and scheduled for construction by the City of Fayetteville.
In return, the City of Fayetteville agrees to annex the real property adjacent to the
proposed Van Asche Boulevard Extension with the following understandings:
1 That the property will be annexed into the City of Fayetteville as an R/A Zoning
District, and will remain so until actual development and construction of future
improvements is commenced;
2 That as the property is brought into development, the portion of the property
north of the proposed Van Asche Boulevard Extension shall be re -zoned to an
Industrial Zoning District consistent with its use for warehousing and cold
storage; and,
3 That as the property is brought into development, the portion of the property
south of the proposed Van Asche Boulevard Extension shall be re -zoned to a
Commercial Zoning District.
CITY OF FAYETTEVILLE:
By
D OODY, Mayor
ATTEST:
By: /.fJ
SONDRA E.SMITH, City Clerk/Treasurer
WG LAND COMPANY LTD. PARTNERSHIP
By:
r
ROBERT G
4 . a
WHITFIELD Genera
Gary Dumas
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/1/2008
City Council Meeting Date
Agenda Items Only
Division
Action Required:
265 .._
76-D?
6/6v e(
eompemei
Operations
Department
Approve Resolution Accepting the Memo of Understanding with the WG Land Company LTD. Partnership Regarding
the Van Asche Blvd. Extension
Cost of this request
Acc unt Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
Gary Dumas
Department Director
4D. ck1
Finance Alan ntemal Service Director
Of
3/19/2008 Previous Ordinance or Resolution #
Date
Original Contract Date:
Original Contract Number:
Ma or
3-tS-1oar
Date
Date
Comments:
Revised April 16, 2007
Wayne
ARKANSAS
OPERATIONS DIRECTOR
To: City Council
From: Gary Dumas
Date: March 19, 2008
RE; Memo of Understanding with the WG Land Company LTD. Partnership Regarding the
Van Asche Blvd. Extension
Background
On March 18th the City Council approved the reallocation of bond resources in order to fund the
extension of Van Asche Blvd. with the stipulation that the property owner annex into the City of
Fayetteville. The property owner had requested that the property be permitted to be zoned
consistent with currently surrounding industrial uses and consistent with the type of commercial
development contemplated for this property. The area north, east, and west of the proposed Van
Asche extension is primarily industrial. The area south of the Van Asche extension is currently
used agriculturally.
This area is anticipated to be the extension of the intense development that has occurred in the
mall area.
Discussion
The area north of the Van Asche extension is pnmarily riddled with caverns created during past
mining activities. These caverns limit the potential for some uses but also open the realm of
possibilities for others. The current primary use of cavem space is for storage, warehousing, and
other industrial activities. Using the land above the caverns will require engineering and
coordination and agreement from owners and users of other adjacent and nearby caverns. The
likely most immediate use of cavern space will be in uses similar to those current in the area,
which is underground storage. This would require a zoning of I-1, Light Indusrial.
The area south of the extension of Van Asche should be encouraged to develop as densely as
possible. This area will develop similarly to the nearby commercial and health related activities.
Every effort should be made to promote a dense compact development style, not a highway
commercial style development. For this reason the most logical zoning is C-3.
Attached is a Memo of Understanding outlining the zoning classifications that will be granted
upon the annexation of this property into Fayetteville.
Recommendation
Adopt resolution agreeing to the attached Memo of Understanding.
113 West Mountain
Fayetteville, Arkansas 72701
Office phone - 479-575-8330
Fax - 479-575-8257
E-mail - gdumas@cifayetteville.ar.us
March 4, 2008
Mr. Gary Dumas
Director of Operations
City of Fayetteville
Fayetteville, Arkansas 72701
Re: Van Asche Rd. Extension
Dear Mr. Dumas:
Please be advised that our family has agreed to Annex all property north of Van Asche
Rd. Extension to the City of Fayetteville subject to the commitment to build this road
ASAP. Once this road is funded and scheduled for construction, we will start the de -
annexation process thru the City of Johnson.
As a consideration, we only ask that the City of Fayetteville bring in the northern most
acreage (hilltop) which covers the underground cavern at an Industrial Zoning
Classification suitable for warehousing and cold storage. We will assume that the other
acreage will be brought in as Commercial. It should be futher understood that there will
be no change whatsoever in the current Farmland Zoning Classification up and until,
actual development and construction of improvements is undertaken.
Thank you for your assistance in this matter. We will look forward to being notified
when the road will be funded and constructed and as result, we will start the de -
annexation process accordingly.
Cordially yours,
WG LAND COMPANY LTD. PARTNERSHIP
Robert G. Whitfield
•
RESOLUTION NO.
A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING CONCERNING ANNEXATION AND
ZONING OF CERTAIN REAL PROPERTY WITH WG LAND
COMPANY LTD. PARTNERSHIP
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 a Memorandum of Understanding concerning annexation and
zoning of certain real property with WG Land Company Ltd. Partnership A
copy of the Memorandum, marked Exhibit A is attached hereto and made a part
hereof.
PASSED and APPROVED this 1st day of April, 2008.
APPROVED: ATTEST:
By: - By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Memorandum of Understanding
This Memorandum of Understanding, made and entered into this day of April,
2008, by and between the City of Fayetteville,: Arkansas, a municipal corporation, 113 W.
Mountain, Fayetteville, Arkansas, and WG Land Company Ltd. Partnership, 3535 North College
Avenue, Fayetteville, Arkansas
WG Land Company Ltd. Partnership agrees to seek de -annexation of its real property
abutting the proposed Van Asche Boulevard Extension from the City of Johnson once the
proposed street extension is funded and scheduled for construction by the City of Fayetteville.
In retum, the City of Fayetteville agrees to annex the real property adjacent to the
proposed Van Asche Boulevard Extension with the following understandings:
> That the property will be annexed into the City of Fayetteville as an R/A Zoning
District, and will remain so until actual development and construction of future
improvements is commenced;
> That as the property is brought into development, the portion of the property
north of the proposed Van Asche Boulevard Extension shall be re -zoned to an
. Industrial Zoning District consistent with its use for warehousing and cold
storage; and,
> That as the property is brought into development, the portion of the property
south of the proposed Van Asche Boulevard Extension shall be re -zoned to a
Commercial Zoning District.
CITY OF FAYETTEVILLE:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA E.SMITH, City Clerk/Treasurer
WG LAND COMPANY LTD. PARTNERSHIP
By:
ROBERT G. WHITFIELD, General Partner
Aithi xI &A avAetbk ..SAAA-4ti‘d
Memorandum of Understanding
This Memorandum of Understanding, made and entered into this day of April,
2008, by and between the City of Fayetteville, Arkansas, a municipal corporation, 113 W.
Mountain, Fayetteville, Arkansas, and WG Land Company Ltd. Partnership, 3535 North College
Avenue, Fayetteville, Arkansas
WG Land Company Ltd. Partnership agrees to seek de -annexation of its real property
abutting the proposed Van Asche Boulevard Extension from the City of Johnson once the
proposed street extension is funded and scheduled for construction by the City of Fayetteville.
In return, the City of Fayetteville agrees to annex the real property adjacent to the
proposed Van Asche Boulevard Extension with the following understandings:
1 That the property will be annexed into the City of Fayetteville as an R/A Zoning
District, and will remain so until actual development and construction of future
improvements is commenced;
2 That as the property is brought into development, the portion of the property
north of the proposed Van Asche Boulevard Extension shall be re -zoned to an
Industrial Zoning District consistent with its use for warehousing and cold
storage; and,
3 That as the property is brought into development, the portion of the property
south of the proposed Van Asche Boulevard Extension shall be re -zoned to a
Commercial Zoning District.
CITY OF FAYETTEVILLE•
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA E.SMITH, City Clerk/Treasurer
WG LAND COMPANY LTD. PARTNERSHIP
By: I $ fc1 •,
ROBERT G WHITFIELD, Genera
(4.3.08)
Clarice
Pearman - Res. 76-08
Page 1
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Dumas, Gary
4.3.08 10:13 AM
Res. 76-08
76-08 WG Land Company LTD.pdf
CC: Audit
Gary:
Attached is a copy of the above resolution passed by Gty Council regarding WG Land Company. I am forwarding to you
one of two original agreements. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice