Developers Walk Away From Planned Project

Council Indefinitely Tables Brookbury Rezoning

Friday, November 9, 2012

— Developers have backed off plans for a residential subdivision in northeast Fayetteville following months of opposition from surrounding homeowners.

Jeremy Pate, Fayetteville Development Services director, said he received notice this week developers are no longer interested in 21 acres south and east of the Brookbury and Candlewood subdivisions.

At A Glance

Fayetteville City Council

Also on Thursday, the council gave developers an additional year to obtain building permits for a planned apartment complex at West Cleveland Street and North Hall Avenue. Seth Mims, a partner with Springdale-based Specialized Real Estate Group, asked for the extension in an Oct. 17 letter to Jeremy Pate, Development Services director.

Mims said a lawsuit pending in Washington County Circuit Court could easily delay the development by 12 to 18 months.

“I welcome a jury trail this Dec. 11 and 12,” Mims said Thursday. “I like that date, because it keeps things moving forward.”

Source: Staff Report

The City Council on Thursday indefinitely tabled a rezoning request that would have paved the way for up to 37 houses.

For the time being, the property will remain zoned for residential and agricultural purposes. No more than 10 houses could be built under the land’s current zoning designation.

Residents in the Brookbury, Candlewood, Savannah Estates and Covington Park neighborhoods criticized the project because of the number of homes that would be built and because the subdivision would only be accessed by a single street. Some residents have sought to preserve the wooded hillside where the subdivision was planned. The land is surrounded on all sides by homes costing more than $300,000.

Darin and Kevin Riggins with Riggins Construction and Development partnered with developer Jim Lindsey on the project. None of the developers spoke at Thursday’s council meeting. Darin Riggins did not return phone messages left Wednesday and Thursday. Hugh Jarratt, an attorney representing Lindsey, did not return a call late Thursday.

Mark Risk, listing agent for the property, said Thursday it’s frustrating the land’s owners have not been able to sell their property, which has been on the market for years.

According to Washington County property records, the land is owned by the George and Mona Josephine Brown Trust of Bartlesville, Okla.

“People have a right to sell their property,” Risk said. “Hopefully the right buyer comes by soon.”

He suggested concerned neighbors pool their resources and purchase the property if they want to see it preserved.

“I think there are some creative and cooperative solutions for this piece of property,” said Kristen Veltkamp, who lives in the Brookbury subdivision. “We are hopeful that there are some people who are willing to purchase the land, taking into consideration the issues that have come up.”

Justin Tennant, Ward 3 alderman who represents all affected landowners on the council, said he very much respects people’s property rights.

He said the land in question would be ideal for eight to 10 houses. Tennant added developers should make efforts to build a trail to connect neighborhoods and preserve the land’s natural features.

“That land will get sold and then get developed in my lifetime,” Tennant said. “But it’s got some very specific things with it that we need to protect.”