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Home My WebLink AboutOrdinance 4260 ORDINANCE NO.ryn A ORDINANCE ACCEPTING THE RECOMMENDATION OF THE PARKS AND RECREATION ADVISORY BOARD TO ALLOW A WAIVER FROM THE PARK LAND DEDICATION ORDINANCE TO ACCEPT MONEY IN LIEU OF PARK LAND DEDICATION FOR THE CORNERSTONE APARTMENTS SUBDIVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby accepts the recommendation of the Parks and Recreation Advisory Board to allow a waiver from the park land dedication ordinance to accept money in lieu of park dedication for the Cornerstone Apartments Subdivision. ` ` POED AND APPROVED this 18`h day of July 2000. a `• ` ' _ ' APPROVED- By: red Hanna, Mayor r ATT s %! By: Heather Woodruff, City CIM NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials jig x xis a r � FAYETTE'VTLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Fred Hanna and City Council THRU: Charles Venable, Public Works Director FROM: Connie Edmonston, Parks & Recreation Superintendent ( DATE: June 30, 2000 SUBJECT: Waiver of the Park Land Dedication Ordinance 3793 Cornerstone Apartments is a proposed subdivision located north of Hank's Discount Furniture which is on Wedington Drive and Futrall Drive. It contains 120 multi-family units on 7. 5 acres. The owner of the subdivision is Lindsey Properties and the engineer is Jorgenson and Associates. The requirement for park land is 2.4 acres and money in lieu is $45,000. A letter was received from the subdivision owner' s requesting consideration of a cash payment in lieu of a land dedication. (See attached letter.) Park staff toured the site and recommended money be accepted as the requirement. The plat was brought before the Parks and Recreation Advisory Board at their July 12, 2000 meeting. The board recommended to accept money as the park land ordinance requirement for the reasons stated below: I . The Cornerstone Apartment complex is located within walking distance to Asbell School Park (9.9 acres), Lewis Park Soccer Complex (25. 1 acres), and Friendship Park (.04 aces). 2. The apartment complex contains recreational amenities including a swimming pool and basketball court for their residents. 3 . The development is located adjacent to Interstate I-540. In addition, the board strongly recommended for the developer to negotiate with the Sidewalks and Trails Coordinator for an easement access for a future trail along the western boundary of the complex. Because the Cornerstone Apartment complex is over 100 units, Ordinance 3793 regulates the Parks Division to accept a land dedication. The ordinance states: 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 of land 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 for further study. Please review this request to waive the park land dedication requirement and to accept money in lieu as the park land ordinance requirement for Cornerstone Apartments. If you have questions concerning our requests to waive the Park Land Dedication Ordinance and to accept money in lieu, please call me at 444-3473 . Attachments: PRAB July 10, 2000 Meeting Minutes Waiver Request Letter Location Map JORGENSEN : ASSOCIATES CONSULTING ENGINEERS, INC. City of Fayetteville 6- 16-00 ,CCS 113 W. Mountain Fayetteville, AR 72702 Att: Connie Edmiston Re: Cornerstone Apts. Dear Connie; As discussed, please place us on the agenda for the Parks meeting on July 10 for the above referenced project. This is for payment of money in leau of land for this project. I have attached 12 copies of the plat for distribution. Also, we would like your assistance in presenting this at the agenda meeting on July 11 , which would go to the council on July 18. Thank you. Sincerely; David L Jor ensen P.E. 124 W. SUNBRIDGE DR., SUITE #5 • FAYETTEVILLE, ARKANSAS 72703 • (501) 442-9127 • FAX (501 ) 582-4807 MINUTES OF A SPECIAL MEETING OF THE PARKS AND RECREATION ADVISORY BOARD JULY 129 2000 A special meeting of the Fayetteville Parks and Recreation Advisory Board was held July 12, 2000 at 12:00 p.m. at the n�R Parks & Recreation Division, 1455 Happy Hollow Road, Fayetteville, Arkansas. Y PRESENT: Parks and Recreation Advisory Board members Ackerman, Colwell, Luttrell, Nickell, and Thiel; City staff Edmonston, Gulley, Nelson, Rogers, Schuldt; Sidewalks & Trails Coordinator, Chuck Rutherford; David Jorgensen, Jorgensen & Associations; Laura Kelly, Mill District LLC. AGENDA L Approval of PRAB June 5, 2000 Meeting Minutes. MOTION: Ms. Nickell moved to approve the Parks and Recreation Advisory Board June 5, 2000 meeting minutes. Mr. Ackerman seconded the motion. The motion was approved 5-0-0. H. Park Land Dedication Ordinance Development Name: Cornerstone Apartments Engineer: Jorgensen & Associates - Tom Henley Owner: Lindsey Properties Location: Hwy 16 - Wedington & Futrall to 1' Porter Rd sign off Hwy 540 Park District: SE Units: 120 (Multi Units) Total Acres: 7.5 acres Land Dedication Requirement: 2.4 acres Money in Lieu Requirement: $45,000 Master Plan Priority: None Existing Parks: Asbell ( 10), Lewis (5), Friendship (.378) Owner's Recommendation: Money in Lieu Staff Recommendation: Request a waiver of the Park Land Dedication Ordinance 3793 to accept money in lieu of a land dedication for the following reasons: July 12, 2000 / Page 1 PRAB Special Meeting 1 . The Cornerstone Apartment complex is located within walking distance to Asbell School Park (9.9 acres), Lewis Park Soccer Complex (25. 1 acres), and Friendship Park (04 acres). 2. The apartment complex contains recreational amenities including a swimming pool and basketball court for their residents. 3. The development is located adjacent to Interstate I-540. David Jorgensen said existing parks were located within a reasonable distance from this proposed development. The developers are requesting money in lieu of a land dedication. The Trail Committee has requested the possibility of locating a trail along the west boundary of this property. Mr. Jorgensen questioned whether the money in lieu portion could be reduced if a fourteen foot access easement was granted. Ms. Thiel inquired about the number of existing trees on the property. Mr. Jorgensen said a twenty percent canopy would be maintained and additional trees would be planted. Mr. Rutherford said a subcommittee of the Sidewalk & Trails Committee is currently comprising a master trail plan to present to the City Council. This corridor along Interstate 540 is included on the trail map. Ms. Edmonston said the adoption of the master trail plans will make similar situations in the future easier to address. A concern for the Parks & Recreation Division would be future maintenance issues in the event the trail was never constructed. MOTION: Ms. Nickell moved to request a waiver of the Park Land Dedication Ordinance and accept money in lieu of a land dedication. Mr. Colwell seconded the motion. Mr. Ackerman suggested amending the motion to strongly recommend the developer work with the Trails Committee to negotiate an access easement for future trail development. Mr. Jorgensen agreed to indicate a fourteen foot access easement on the plat and a legal description for future Sidewalks & Trails trail use. AMENDED MOTION: Ms. Nickell moved to request a waiver of the Park Land Dedication Ordinance and accept money in lieu of a land dedication and strongly recommends the developer negotiate an access easement for future trail development with the Trails Committee. Mr. Luttrell seconded the motion. Upon roll call, the motion was approved unanimously 5-0-0. July 12, 2000 / Page 2 • STAFF REVI 'W FORM • xx _ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 18, 2000. FROM : Connie Edmonston Parks and Recreation Public Works Name Division Department ACTION REQUIRED : Waiver of Ordinance 3793 to accept money in lieu as the park land requirement of the Cornerstone Apartments Subdivision. COST TO CITY : STAT nra R.80 Cost of this Request Category/ Project Budget Category/Project Name C Account Number Funds Used To Date Program Name �. S Project Number Remaining Balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached udget Manager Administrative Services Director CONTRACT / GRANT / LEASE REVIEW : GRANTING AGENCY : )—lot OD n10At 72 Acco ntiMager Date In':ernal ditor Date 7 - / Z - Jv pt y Date ADA Coordinator Date u I- 1� -ao Purchasing Officer Date STAFF RECOMMENDATION : Waiver of Ordinance 3793 and to accept money in lieu as the park land requirement of Cornerstone Apartments D -a T-oo iv ion He Date Cross Reference rtme irecto` 7 Da New Item: Yes No A irvi s Director Prev Ord/Res # : _ �J Orig Contract Date : _ r May DDate — Orig Contract Number : • • Page 2 STAFF REVIEW FORM Description Waiver of Ordinance 3793 Meeting Date July 18 , 2000 Comments : Reference Connnents : Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTE ' ALE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks and Recreation From: Heather Woodruff, City Clerk Date: July 24, 2000 Attached is a copy of the ordinance approving the money in lieu of park land dedication for the Cornerstone Apartments. The original will be microfilmed and filed with the City Clerk. �L• � ,i. '' \ fir s. . '- t� � b � ' :�' � �� { A �`,4 '' 1 J ' ' FIS' a • J ' ' = A A�, r � ` � � � 1 ... IIS I. It n ' �LLPIP 6 6111, , . ' xIN ' LIP AN qwu�.` .•,two- _ '111 �q' },' � '4J� ' 3c •. "� ! ! ' . y�� •V Fe.� ,RMY..t7t ,dam y�..�... K >.� � i ••13x ;'1 ry,1 4: PY ' f 1\Y,:Y"{ • �i '1S' It pL �n i• ! Y • , fps Ni tit I lit Id All WOW I If Ima AWN INA •It NO P 44 y . Ire '- s to � �;. �� 1 � >< � �• _�� i IN