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HomeMy WebLinkAboutOrdinance 4523 ORDINANCE NO. 4523 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED SPRINGWOODS (C-PZD 03-08.00) LOCATED SOUTH OF HWY. 112 AND WEST OF I-540, CONTAINING 289.28 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED COMMERCIAL DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the zone classification of the following described property is hereby changed as follows: From I- 1 , Heavy Commercial/Light Industrial to C-PZD 03-08.00 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminary plat for springwoods and approved by the Planning Commission on October 13, 2003 . Section 3 . That this ordinance shall not take affect and be in full force until approval of the final plat for the subdivision. Section 4. That all conditions of approval of the subdivision as approved by the Planning Commission shall be satisfied prior to the issuance of a final plat. Section 5 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this the 21 " day of October, 2003 . prIr ' •,. F ~/ � APPROVED DAN CO DY, M r Ike 0 l4 .C � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII By"~ Doc ID : 008814110002 Tvoe : REL SONDRA SMITH, City Clerk Recorded : 12/29/2003 at 10 : 00 : 51 An Fee Amt : $31 . 00 v .FoaaeA 1 of 2 eetteWashinaton eounty . AR Bette St amoa circuit Clerk F11e200340064823 EXHIBIT "A" C-PZD 03-08.00 A PART OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF SAID SECTION 33, THENCE SOUTH 87019'24"EAST-2637.40 FEET TO THE NE CORNER OF THE NE '/40F THE NW /40F SAID SECTION 33 ; THENCE SOUTH 87014156" EAST - 247.50 FEET; THENCE SOUTH 2°26' 17" WEST- 1030.76 FEET; THENCE SOUTH 87017'25" EAST - 1100. 15 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING BEARINGS AND DISTANCES, SOUTH 26°01 ' 09" WEST - 74. 14 FEET; THENCE SOUTH 74°59' 16" WEST - 100. 11 FEET; THENCE SOUTH 75' 15 '02" WEST - 117.54 FEET; THENCE SOUTH 66°53 '26" WEST - 127.62 FEET; THENCE SOUTH 50013136" WEST - 191 .34 FEET; THENCE SOUTH 31 °34'48" WEST - 190.36 FEET; THENCE SOUTH 16024' 53" WEST - 126.58 FEET; THENCE SOUTH 4° 16'48" WEST - 188.26 FEET; THENCE SOUTH 16036' 56" EAST - 57.67 FEET; THENCE SOUTH 12048 '23" EAST 100. 11 FEET; THENCE SOUTH 5° 19' 10" EAST - 280.77 FEET; THENCE SOUTH 7015 '05"WEST 170.41 FEET; THENCE SOUTH 27010'09" WEST - 171 .37 FEET; THENCE SOUTH 34° 22'25" WEST 949. 12 FEET; THENCE SOUTH 38°27'59" WEST - 150.76 FEET; THENCE SOUTH 34'22' 18" WEST - 922.60 FEET; THENCE LEAVING THE WEST RIGHT OF WAY OF HIGHWAY 71 BY PASS NORTH 87° 11 ' 53" WEST - 631 .86 FEET; THENCE SOUTH 2°25 '44" WEST - 329.87 FEET; THENCE NORTH 87°21 ' 18" WEST - 660.00 FEET; THENCE NORTH 2025 '44" EAST 330.00 FEET; THENCE NORTH 87021 ' 18" WEST - 660.23 FEET; THENCE NORTH 2028111 " EAST - 2480.65 FEET; THENCE NORTH 87° 19'24" WEST - 330.00 FEET; THENCE NORTH 2028111 " EAST-1816.06 FEET TO THE POINT OF BEGINNING, CONTAINING 289.28 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 12/29/2003 10:00:51 AM and recorded in Real Estate File Number 2003-00084823 Bette Stamps - Circuit Cler by NAME OF FILE: Ordinance No, 4523 CROSS REFERENCE: Item # Date Document 1 10/21/03 IStaff Revieww/attachments: draft ordinance memo to mayor & city council letter from EGIS Engineers letter from Audubon Arkansas copy of city council minutes copy of Close Up View copy of One Mile View copy of letter copy o Bill of Assurance letter to Manuel Barnes copy of site location copy of wetland determination letter from fire marshal letter to Joe Tarvin letter to Dawn Warrick copy of Close Up View copy of One Mile View P32 10/27/03 memo to Dawn Warrick 11/07/03 Affidavit of Publication NOTES: 12/29/2003 filed at the Washington County Courthouse 041 STAFF SIEW FORM - NON-FINANCIAL O*GATION wl Z lG 6y x AGENDA REQUEST For the Fayetteville City Council Meeting of: October 21 , 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: C-PZD 03-08.00: Planned Zoning District (springwoods, pp 248) was submitted by Joe Tarvin, P.E. of EGIS Engineering, Inc. on behalf of Collins Haynes for property located southwest of I-540 and Arkansas Highway 112. The property is zoned I- 1 , Heavy Commercial/Light Industrial, located in the Design Overlay District, and contains approximately 289.26 acres. The request is to approve the Commercial Planned Zoning District with the conditions of approval recommended by staff and the Planning Commission. STAFF RECOMMENDATION: Approval. C f Received in Mayor's Office 49 3 Di ision Head Date T • (.✓� 8 6 I �3 City Attorney ate Cross Reference: Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: x, 6 '0 Orig. Contract Number: Chief minis rative Officer Date New Item: Yes No 2Z /O Mayor Date ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED SPRINGWOODS (C-PZD 03-08.00) LOCATED SOUTH OF HWY. 112 AND WEST OF I-540, CONTAINING 289.28 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ACCORDING TO THE ASSOCIATED COMMERCIAL . DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION. ' BE IT ORDAINED BY THE CITY CO CIL OF \THE CITY OF FAYETTEVILLE, ARKANSAS: / Section 1 : That the zone classifi atio of the fohlowing des cnb4�/ed property is hereby changed as follows: From 1-1 , Heavy Commercial/Lightlndustrial to C-PZD 03-08.00 as shown in Exhibit "A" attached hereto and made a part hereof Section 2. That the change in zoning�classiTication is based upon the approved master devel p ent plan and,de elopment standards as shown on the preliminary plat for springwoods and approved by the Planning Commission on October 13, 2003. �� V Section 37, - Thatthis ordinance shall not take affect and be in full force until approval,of the final plat f i the subdivision. ArA Section 4. That all conditions of approval of the subdivision as approved by the Planning Commission shall be satisfied prior to the issuance of a final plat. Section 5: Thatt the official zoning map of the City of Fayetteville, Arkansas, \ .to reflect the zoning change provided in Section 1 above. is hereby amended Y PASSED AND APPROVED this day of 92003, APPROVED: By: DAN COODY, Mayor By: Sondra Smith, City Clerk EXHIBIT "A" C-PZD 03-08.00 A PART OF SECTION 33 , TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF SAID SECTION 33 , THENCE SOUTH 87019'24"EAST-2637.40 FEET TO THE NE CORNER OF THE NE '/C OF THE NW '/4 OF SAID SECTION 33 ; THENCE SOUTH 87014'56" EAST — 247.50 FEET; THENCE SOUTH 2°26' 17" WEST-1030.76 FEET; THENCE SOUTH 87017 '25" EAST — 1100. 15 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE ALONG SAID WESTIRIGHT OF WAY LINE THE FOLLOWING BEARINGS AND DISTANCES, SOUTHQ6001909" WEST — 74. 14 FEET; THENCE SOUTH 74'59' 16" WEST - 100. 11 FEET, �TIENCE SOUTH 75°15'02" A14; WEST — 117.54 FEET; THENCE SOUTH 66053 '26" WEST 127.62 FEET; THENCE SOUTH 50013736" WEST - 191 .34 FEET; THENCEISOFTH 31 °34 48" WEST - 190.36 FEET; THENCE SOUTH 16024'53" WEST — 126f8 FEET; THENCESO• UTH 4016748" WEST — 188 .26 FEET; THENCE SOUTH 16036' 56" EAST — 57.67 FEET; THENCE SOUTH 12048 '23" EAST 100. 11 FEET; THEN@E S014HH 5019110" EAST — 280.77 FEET; THENCE SOUTH 7° 15'05"WEST 17044I`4FEET;" THENCE SOUTH 27010709" WEST — 171 .37 FEET; THENCE SOUTH 340 22'25"r WEST 949. 12 FEET; THENCE SOUTH 38027959" WEST - 150.76FEE�T; •THENCE SOUTU.34022518" WEST - 922.60 FEET; THENCE LEAVING THE WEST`RIGHT OF WAY'OFHIGHWAY 71 BY PASS �.. NORTH 87011753" WEST - 631 .86 FEET; THENCE SOUTH%2025 '44" WEST - 329.87 FEET; THENCE NORTH 87021118" WEST — 660.00 FEUVTHENCE NORTH 2°25 '44" 7 ° EAST 330.00 FEET; TsHENCE NORTH 8�021718" WEST — 660.23 FEET; THENCE NORTH 202811 F ST — 24R065 FEET; THENCE NORTH 87019924" WEST — 330.00 FEET; THENCORTH 2°28 ' 11 " EAST'"-. 1816.06 FEET TO THE POINT OF BEGINNING, CONTAINING 289:28 ACRES MORE OR LESS, WASHINGTON COUNTY, 11 SAS. XiII �f74 v • City Council Ang of October 21 , 2003 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director (�C . From: Dawn T. Warrick, AICP, Zoning and Development Administrator �1 " Date: October 3, 2003 Subject: Commercial Planned Zoning District for springwoods RECOMMENDATION Planning Staff recommends approval of an ordinance creating the Commercial Planned Zoning District (C-PZD) for springwoods. This action would allow the establishment of a master plan with uses identified for 9 proposed lots. Development of each lot in the future will require further approval from the Planning Commission. BACKGROUND The City Council entered into an agreement with developer Collins Haynes for property formerly known as Wilson Springs Business Park. The current proposal is to create 9 total lots for further development review. Each lot has been identified with land uses designated which would be appropriate. Uses proposed include office and commercial, single family residential, multi-family residential and preserved land for wildlife/nature uses. One small lot (lot #9) contains a City lift station. This property will remain under City ownership for this public purpose. DISCUSSION The Planning Commission will consider this request on Monday, October 13 , 2003 . Approval of a planned zoning district project requires City Council approval as it includes zoning approval in the designation of uses for lots being proposed by a specific development plan. BUDGET IMPACT None. I SEP - 24 - 03 11 : 59 RM EGIS CONSULTING 479 271 8627 P - 01 • EGIS ENGINEERING , INC . 314 South Main (479) 271 .9252 Bentonville, AR 72712-5903 (479) 271 -8627 (fax) Web: www.egis-env.com egis®egis•eriv.com September 24, 2003 City of Fayettevllle Planning/Engineering Department 113W. Mountain Fayetteville, AR 72701 Attn: Tim Conklin Re: Legacy Project Fayetteville, Arkansas Dear Mr. Conklin: We would like to request that an amendment be made to the Master Street Plan regarding Truckers Lane and Technology Boulevard in Fayetteville. The two referenced streets are presently shown to cross our Legacy project location; therefore, we are requesting Truckers Lane and Technology Boulevard be removed from crossing the Legacy project. Thank you for your consideration and assistance with this project. Sincerely, U Joe Tarvin, P.E. President R w A ' ub ' I JJ(d 1 Q11 ARKANSAS Suite 4c" Litdc: hock, K :. , BOARD OF DIRECTORS Uun Nclms Preridc,u Vu'V�VJ.�iiU UZ?OIl.Oe rte' Favelterille August 22, 2003 led s,awell Hrcnnt 'r'dand Currie Collins Haynes 'r,°°t Rlanha Milrr Harriman Haynes LTD "" /'t °" 5417 Pinnacle Point Drive Di . If ,, Ne_ ar�peerel/ Gin Rogers, AR 72758 Ur. Kohn t Porter Liner Reicl� - Dr. Trudie Kibbe Recd Dear Mr. Haynes: Little Roe ei� ann lcuniu¢s ShnckcllLrd x„herr shtat. RE: Letter of Support Regarding Wilson Spring Property Little aoc did,:,el r,” ver"r I have enjoyed working with you and your team on the Wilson Spring project and C:,rl S. Whah>ck appreciate the time, energy, and earnestness you have brought to the task. You Lillie Rewl" P(^,% Whipple have been open to suggestions on the design of this project that we believe will ''krd`•111I1 " help protect the sensitive environmental features of the property. In response to IBA TECHNICAL Audubon's feedback on your initial draft development plan, you have: COMMITTEE Bill Shepherd chaimiall Increased the size of the undeveloped property from 100 acres to 120 acres Linle Knt'r . Led Anacrsun or more, Flc( t w Bill Bean Folf Smith • Established protective wildlife corridors to the north and west thus vr. hone. FIctinarz encompassing stream buffers to Clabber Creek and its small tributaries, lollerborn Shuren Carter Couernv Lam Hedrick Removed a bridge over Clabber Creek that would have affected the / /o' `/"i"•l' watershed and jeopardized important habitat for the rare Arkansas Darter, sal Holimon Lir;le 2o,1r ur. letteillr, la""' FavrttrrConcentrated the acreage you propose to give to Audubon, thus reducing Lulea Kendrick-Lacy the fragmentation of habitat, Nngnoli„ Sterling Lcy "eLave Cheryl Lavers • Incorporated adjacent development designs that minimize detrimental 10lersboll impacts to the proposed Audubon property, Dc Norman Lavers /nnesbnrn Charles: noels ■ Offered 3 .0 acres of land to Audubon along Shiloh Drive appropriate for a Mede„ Anan 1. Muceer future Audubon Center. eouwae Benne Nichols P„,,bn,t, Audubon has been interested in the conservation of this property and its Max Parker nrnne,,, significant wildlife habitat for the past two years and welcomes the opportunity to °`. Her.d,d R"""> work with Haynes Ltd. If the City of Fayetteville approves a development plan co„w, t CntherinelZidcnut and the ultimate sale of this property, Audubon will consider taking ownership of Little Roe/l IiMcn Rune De lVitt Michad ”Bo" ener ,4ebrr ,tarring± COPY all or parts of the balance of the undeveloped land. There are issues and details to work through, and Audubon has an internal approval process that must be followed, but I am hopeful that we can preserve the environmentally significant features of the land and one day have a ribbon cutting for a state of the art environmental education center for northwest Arkansas. Any formal agreement between Audubon and Haynes Ltd will require approval by the President and the . Board of the National Audubon Society. Thank you for working with Audubon. Sincerely yours, Kenneth L. Smith Vice President and Executive Director cc: Don Nelms, Audubon Arkansas Board Chairman Dan Taylor, Vice President, National Audubon Society COPY City Council Meering May 6, 2003 Page 3 of 23 OLD BUSINESS: R-PZD 03-1.00 (Jackson Place): Planned Zoning District Jackson Place: An ordinance establishing a Residential Planned Zoning District titled Jackson Place (R-PZD 03- 1 .00) located south of Skillern Road and east of Crossover Road; amending the official zoning map of the City of Fayetteville. The ordinance was left on the first reading at the April 15, 2003 City Council Meeting. Alderman Davis moved to suspend the rules and go to the second reading. Alderman Jordan seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance Tim Conklin, City Planning, said this is a residential planned zoning district it is 14 lots of single family homes. Staff and the Planning Commission recommended approval. Alderman Marr said at agenda session when this first came up there was some discussion about the intersection and whether or not that could be studied. I am concerned about the concern on this intersection and how this might impact 265 traffic. Mr. Conklin said staff did forward to transportation consultants that are working on the master plan a copy of this intersection for them to look at. A plan at this time is to place a stop sign where Old Wire turns back to the north and a stop sign at the new road that will line up across from Old Wire going to the north. Alderman Davis moved to suspend the rules and go to the third and final reading. Alderman Jordan seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4480 As Recorded In The Office Of The City Clerk. NEW BUSINESS: Wilson Springs Business Park Land Sale: A resolution to approve the real estate purchase and sale contract wherein Legacy Project LLC purchases the 289 acre I-540 Business Park site from the City of Fayetteville for 5 .2 million dollars and other consideration. Collins Haynes a developer said he has made an offer on the I-540 Business Park and that he is here to answer any questions. He said he thinks a minimum of 100 acres will be preserved. Alderman Thiel said that in the contact it says an agreement to convey and deed 100 acres more or less of the property identified by Legacy Project to an Environmental Conversation Non-Profit City Council Meeting May 6, 2003 Page 4 of 23 Organization acceptable to and determined by Legacy Project. There are at least 85 acres of delineated wet lands and 14-15 acres of floodway. She asked if that was part of this. Mr. Haynes said yes it is part of it. He said we consider the described wetlands on the site to be pristine acreage and we believe that that acreage should be held in perpetuity by a group or a series of groups that can preserve it. I think more study needs to be done on the site to determine where the wet lands are. Alderman Jordan asked how we came up with the figure of $5.2 million. Mayor Coody said he came up with that because he wanted to bring a number forward that he thought was high enough for the City Council and the tax payers to reap the benefit of, yet low enough to where a developer, if we could find one would find it attractive enough to purchase. It was kind of the middle ground of getting a good return on our investment yet attractive enough to the developer to want to make an offer, which he has. Alderman Jordan said this comes to roughly $34,000.00 per acre. Mr. Haynes said some of that site is easement and hw is paying for land that is already owned by the City and will continue to be owned in perpetuity by the City. Alderman Jordan said he is trying to determine what an acre of land is worth out there. He has heard from $10,000.00 up to $50,000.00. He said he wanted clarification as to what it is worth per acre. Mr. Haynes said the worth would have to be analyzed in several different ways. This site has a signification ground water situation on it. The ground water varies from 2 feet to 5 feet in areas on this property. He said this causes additional expense in the development process. We take those numbers and work backwards to try to find what our real costs are. If we are buying land at $10,000.00 per acre but our actual development cost were $40,000.00 per acre then that is something that we would have to consider before we start the project. We have looked at the soil studies that were done; we know this is going to be an expensive site to do any development work on. Alderman Marr asked Mr. Haynes if this is a time sensitive transaction meaning does it need to happen within a certain time frame. If this Council does not make a decision tonight will it kill the project from your perspective. Mr. Haynes said if we are successful with obtaining approval from the City Council to a least present a plan for your review so that we could purchase this land we would be back within 30 days at the latest. With any project that has been as controversial as this one is, in order to develop it successfully there is going to have to be compromise from our side and from the ones that want to hold this land insitu forever. Without compromise it is never going to happen. City Council Meeting May 6, 2003 Page 5 of 23 Mayor Coody gave a brief history of the land. In 1988 the City purchased this land for $1.3 million and over the course of the next few years we spent money putting in water and sewer lines and a lift station. Southwestern Bell has put in fiber optic cable. Steve Davis, Finance and Internal Services Director, said the City has $1,658,000.00 in land cost and an additional $552,000.00 in other cost of which includes the sewer and water lines. Total cost to the City is $2.2 million rounded. Mayor Coody said he thought it was originally bought because Texas Instruments was interested in coming to Arkansas, but they did not come. Jonathan Jones, a member of the Task Force, said the per acre value is about $18,000.00 per acre for 289 acres at $5.2 million and that is not counting the $700.000 rebate, with that it would be more along the line of $15,000. The appraisals came in from $11,000 to $67,000 on comparable sales along the I-540 corridor this is on the lower end of those. The reason it is lower is because a lot of the property has drainage and soil issues. Those same issues are what make this property ecologically valuable. Mr. Haynes seems like a very trustworthy fellow. I would prefer to see a more concrete proposal with more specific details where there was an agreement in hand between the developer and Audubon before the City Council approves the sale of the property. Mayor Coody said that before the transaction would consummate, the PZD zoning would have to be approved. Alderman Jordan asked what the 70 acres that the Task Force recommended for development would be worth per acre. Mr. Jones said the economic value of any property is at best a guess until the transaction has been consummated. The 70 acres on the south if you look at the report the estimated development cost is across the board $50,000 per acre. Development cost on the 70 acres to the south would be less. I would put the value of the 70 acres at least the medium of the appraised value that came back which would be somewhere in the mid 30's. The pay back to the City from this investment would be 6 %2 to 7 percent. Lou Weiss she was told that we could not have the Audubon or anyone like that because this is not a park property, but there are other places in Fayetteville that we do that so why can't we do it in this place. Kit Williams, City Attorney, said constitutionally the City is not allowed to give away resources to non-profit groups that would be doing government service things. We can enter into agreements with non -profits organizations, it doesn't always require money if they can provide enough services to the citizens of Fayetteville to justify the value of the property that we are leasing to them. The key issue is value. In order for a non-profit to be provided this land I can't see how they would be able to provide enough services to Fayetteville citizens to pay the fair market lease on land that is worth so much money. City Council Melling May 6, 2003 Page 6 of 23 Ms. Weiss said so would it be up to you and the Mayor and the Council people to make the decision on how valuable the organization that wants to lease the land would be to the citizens to Fayetteville. Mr. Williams said certainly the Council and the Mayor would need to make some decisions like that but it would also have to be reasonable decisions. The Attorney General in his opinion has stated the crucial issue is whether the agreement is supported by adequate consideration. You can lease land to non -profits, but the tax payers are entitled to adequate consideration for their property. Terry Eastin, Sharon Davison, and Al Vick spoke against the sale of the property. Jeff Collins, the Chairman of the Task Force said the idea that there would be development on the north side of the property was considered and it was deemed that what was required was further research on the value of that property before it would be developed. When you are talking about developing the south and the north, some amount of acreage to be determined, that is within the ream of possibility. Tom McKinney, a member of the Task Force said the sale of this property was discussed once. Nothing in the sale proposal coincides at all with any of the recommendations that the Task Force came up with. The 100 acres is not a donation, that 100 acres is protected wet lands and flood plains, the developer can not touch that anyway unless he is going to replace it somewhere else. This is a new project, if the property is sold then as far as I am concerned the delineation of the wet lands needs to be redone. Our recommendation was that we develop 70 acres of the southern portion, that approximately 80 acres of the middle portion needs to be set aside for putridity and that the northern portion of the property should be studied. The other resolution that was voted on by the City was to negotiate with Audubon to lease the 219 acres that was not included in the 73 developed. Alderman Jordan asked what is impacted wet lands. Mr. McKinney said as he understands there is certain criteria that must be met to have something designated as wet land. The wet lands out there meet that criteria. Alderman Jordan said so those wet lands have always been there but they have sort of been covered over, but if they are let to go back to their natural state they will return. Mr. McKinney said yes. Laura Kelly spoke against the sale of the property. Rob Leflar, Political Chair of the Ozark Headwater Group of the Sierra Club said this does not need to be an issue that divides the citizens of Fayetteville. Mayor Coody's plan is a plan that has some merits, we just disagreed that it is the best plan. The most developable commercially saleable area that is the piece that recoups the City's investment and then some, protects the tax payers interest, it should be put on the market, and it should be sold. That is not all the I • City Council Meeting May 6, 2003 Page 7 of 23 developable area. The Task Force reported that after study some of the rest of that tract could prove of less ecological value. The reminder is critical wet land habitat. The Audubon could protect that. We would request that you table this proposal that is before you. He presented a petition that was signed by 200 voters in opposition to the sale. Mayor Coody said the sale is not a $4.2 million dollar net it is a $5.2 million, the $700,00 that we would reimburse for the development is in the bank but it can only be used for this site we can not use it for anything else. If we don't use it we have to send it back to Little Rock. Andrea Radwell, Stephen Boss, Steven Nichols, Fran Alexander, Jennifer Holt, Jim Bemis, and Melissa Terry spoke against the sale of the property. Jeff Erf asked about the $700,000 grant money and how those funds can be used. Mr. Williams said he has looked at this, there were two grant applications one from Mayor Hanna's administration and from Mayor Coody's administration. They are almost identical except for the name of the I-540 site. Both Mayors' in their transmittal letters asked for money to aid in construction of the water and sewer lines and streets at the park. Mr. Williams read the resolutions; they state the grants are to aid in the construction of the water and sewer lines and streets at the park. We would only be able to reimburse Mr. Haynes for the money that he would spend for street, sewer and water lines. Mr. Williams said these grants are not tied to the University, it is not tied to technology, and it must be for the infrastructure in the development of this site. Mr. Williams said he believes that this would be completely legal to use these grants in that way. Mr. Erf asked do you think it would be legal to use those grants and give them to the University of Arkansas Genesis. Mr. Williams said no. Steve Frankenberger, a resident, asked Mr. Williams if we were to lease this to the Audubon Society and we are trying to delineate the economic benefits to the tax payer of the City to make it legal to lease this out at something less than market value, you have to be able to defend that line of reasoning in court, am I correct? Mr. Williams said yes, I would not say that we are leasing it for less than fair market value, I would say that we are getting services from the Audubon Society besides money. Mr. Frankenberger said but it is not an arbitrary figure that you just pick out of the air and the City Council decides it, you have to be able to defend it in court. Mr. Frankenberger said no matter what you decide tonight, the wet lands are preserved. The ad in the paper implies that the wet lands are to be developed, that is simply not true. The issue is where do we draw the line between what will be preserved and what will be developed. In a perfect world there would be a lot more sites like this being preserved, but this is not a perfect world and because it is not a perfect world, this issue should not be examined in a vacuum. With any issue that involves money, it has to be decided in the context of the budget and that means it has to be examined as City Council Meeting May 6, 2003 Page 8 of 23 to where it lies on a list of priories. The value of preservation has to be compared to the value of what the City would do with that money. This is no different than taking $5.2 million from our current budget and buying that land. The question is this, what is the best use of this resource for the people of Fayetteville, is this land more important to us than the fire protection that it would buy, is this land more important to us than the trails and sidewalks it would buy, is this land more important to us that the green space that it would buy, is this land more important to us than the traffic improvement that it would buy, is this land more important to us in the piece of mind we would have by setting the money aside and doing nothing with it. Where is this on your list of priorities, unless it is at the very top, you should vote to sell this land and fund the items that are on the top. Fully developed this property will be worth hundreds of millions of dollars that will generate millions of dollars of property taxes for our schools and the library. They will have to pay impact fees to help us with our infrastructure. You will generate a flow of millions of dollars of commerce that much of it is likely to be subject to sales tax. This is a win, win situation; I urge you to accept this offer, sell this land and use the money wisely. Jim Huffman spoke in favor of the sale. Robert Farrell a resident said he has never seen nor can he recall a time when the recommendation of a citizens committee became public policy. A resolution does not tie the hands of elected officials who set public policy and enact laws and ordinances. Selling the property makes since for the City's economy. Recently 70 acres was acquired at Mount Sequoyah for green space, we must allocate resources to other things like widening street, building sidewalks and maintaining our needed repairs in the city and trying to keep up with our escalating public transit insurance. Several of us went to Little Rock several times to ask for infrastructure grants for the I-540 property. I take exception that the money was intended for Genesis, certainly we wanted it to be for the entire community. Please vote for the sale of the property. Rebecca Garner, Bob Hill, Bill Clodfelter and Bill Moeller spoke in favor of the sale of this property. Tommy Deweese, a resident, said he represented the City of Fayetteville back in 1998 when they took 5 of the Mayors from Northwest Arkansas and traveled to Little Rock to try to get the funds from the Arkansas Economic Development Division. The specific purpose that I was asked whenever I made the presentations by the committee was number one what will you use the money for, by response to that in the way that we came up with dollars is just as Kit Williams has said, my response was that we would use that for development of the specific property for streets and sewers out there. We were able to get in those two grants about $700,000. We received a lot of support from the cities of Bentonville, Springdale, Rogers and all those communities, because they realized the benefit that all of Northwest Arkansas could have from the development of that property, on the interstate there so many people travel by each day. Kit, it's exactly as you say, it was presented and came back to us as a representative of the City of Fayetteville to be used for that specific property for improvements on street and sewer. Len Schaper, a resident that worked on the project, said this land was proposed as a Research and Technology Park at that time because it would bring good jobs. In 1995 1 received a memo City Council Meeting May 6, 2003 Page 9 of 23 from a member of the Research and Technology Park Committee about the ecologically sensitive nature of some of the land out there, but at that time we thought there was about 7 acres of wet lands on that property. How did it get to be 85 acres of wet lands, a lot of wet lands is depending on vegetation. The wet lands may have been there at the time and never appeared because the land was being leased to folks for them to graze cattle, apparently that kept the water from running down the hill and forming wet lands. Regardless of how they got there they need to be preserved. In the mean time things have changed, ideas have changes, concepts have changed, why should we be building a Research and Technology Park out by the bypass when we have Genesis and Engineering South down here. I must disagree with Kit, the money was to go for Research and Technology Park and the building of infrastructure in a Research and Technology Park, if you say and the folks from the State say it's tied to the site, so be it, it's tied to the site, it will still bring in jobs, it will still bring in high quality jobs. If I had my druthers it would go with the use and have it down at Genesis to help the University put in the infrastructure that we need down there. Does it make since to have a $5.2 million deal on this land, I think it does in some form. I am not sure if this is the perfect form, but I think it is a really good offer and I think you folks need to consider it very, very seriously. Obviously Mr. Haynes is an environmentally conscious developer, perhaps the title to the land should not all go to him, perhaps you work it out so first you figure out how much is wet lands, and that wet lands goes directly to whatever group everybody agrees on, I don't know, it is up to you to structure the best deal possible. Do you need to vote on it tonight, maybe not, but in principle I can certainly support this because it is a good use of that land. Is a nature center the best use I don't know, when I go out in nature I like to be able to hear the frogs, I am not sure I could hear the frogs above the roar of the 18 wheelers going up and down the bypass. Let's recognize that there is a lot more history to this than just the Wilson Springs Task Force, it goes way back. The final study came in 1998, so we worked on this between 1995 and 1998. The City Council accepted it at that time. A better idea comes along you go along with it. It's been 13 years that the City has owned this, it is time to recoup the investment, it is time to get the City out of that land development business and get it into the hands that can do it very well, that has demonstrated his ability to do it very well, I urge you at some point, maybe not tonight but in the near future, get this deal worked to the satisfaction of many folks and move on. John Kelly spoke against the sale of the property. Bob Nickle, Wayne Mays, and Paul Justus, Charlie Sloan and Dave Fulton spoke for the sale of the property. Jeff Collins said as you look at the Task Force process you have to understand that we started with a certain state of the world and we tried to do the best with that state of the world. We at the time had no one making an offer for the property, in fact much of the discussion revolved around the uncertainty about whether anyone would make an offer for the property. We were also very concerned about the ability of the City to be a developer. The Audubon had talked about doing some things, there were a number of ideas floating around, but no resolution had been passed about the Audubon, we didn't integrate it into our deliberations and we certainly didn't integrate the idea that someone would be in front of us today offering $5.2 million for this site into our deliberation, that would have erased a great deal of uncertainly on my part. I was sort of the leader of the group that looked at the economics of the site and if you look at our City Council Meeting May 6, 2003 Page 10 of23 report we made some estimations about job creation, and value of the site. What I would ask you to do is go back to those estimations and put them into the context, those estimations were made under a great deal of uncertainty much of which has been removed by my way of thinking by actually having an offer on the table. There still is uncertainty on the site with regard to environmental values; I can't speak to those because that is not my area of expertise. What I can speak to is the idea of value. I don't know how many would go there, I have my doubts about how many people would actually use the Wilson Springs site. We as individuals assign value to these environmental amenities. The idea that we are trading one environmental amenity for another as if all environmental amenities had the exact same dollar value is ludicrous we make these trade offs all the time. With regard to the Task Force recommendations I think you have to understand that as time has elapsed and a great deal of time has elapsed since we began the process the world has changed. What recommendations we would come to now in this new world I can not tell you, those are merely guidelines. We did the best we could with the information that we had. We gave it to you to use to guide your decision making process. He read two letters from two other Task Force members, Kathy Foraker and George Faucette expressing their support of the sale. A member of the Task Force said there are many things about the Task Force process that he regrets, of all of the proposals that were entertained at many meetings in deliberating over what to do with this property I regret that one of those proposals was not Mr. Haynes proposal. It would have put everything in better context for us and would have been a better framework for the decision making. I would say that in accepting this proposal you are in many ways embodying most of the objectives of the Task Force, one we were trying to develop some plausible scheme for development in the context of the existing wet lands, the wet lands are going to be preserved, but also you are going to have a quality development out there. Everyone can attest to the fact that I have some serious concerns about the City functioning as a private developer. Turning this over to a private developer takes care of a lot of those concerns for me. Pete Reagan spoke in favor of the sale of the property. Bill Ramsey, CEO of the Chamber of Commerce spoke in favor of the sale of the property. In March the Chamber Board of Directors unanimously passed a resolution in support of the sale of this property. Don Nelms, a resident representing the National Audubon Society and Audubon Arkansas, said he talked with Dan Taylor, Vice President of the National Audubon Society, today and has come in full circle in our organization, there has been some question if we are really representing the National Audubon Society, and I can assure you that I am and that Dan Taylor is. They support what I am saying. Our objective in the National Audubon Society is to connect people with nature and almost every person in this entire room grew up in an age that is very different than what our children are growing up today. I spent 90% of my time when I was at home until dark or after dark outside and I think many of you did the same thing. You went out into the fields and you discovered the way the earth works. Today children know more about nature strictly by TV than any other method and they spend an extremely small amount of time outside and we feel like that is something important that needs to change because we feel there is something City Council Meeting May 6, 2003 Page II of 23 really being lost in this country. It's not just a matter of a piece of land it's part of our soul, a part of the structure that helps us come back and be reasonable people and get along and I think that is what we are trying to do in this city tonight, we are trying to get along. I want to try to get along, I am not here to read the right act to anybody, but to say I would like to be part of the solution here tonight and not part of the problem. I think the first thing that I need to explain and we have explained it before. Let me restate what an Audubon Center is and draw you a picture of what one would be like in this community. We would be talking about, if we are talking about Wilson Springs, about a 10,000 square foot building primarily devoted to education and helping people interact with nature. Where school children could come there, college students could come there and do research, where we could have all day long with students and get them out into the field and let them feel nature and find out what it's really like and get that wow factor back into what they see, that's what TV doesn't have. Kids can sit home and watch a bird do something or watch a fish do something but there is no wow to it, but when you are in nature and you are out there and you see something and you've got that where you just say wow, wow how beautiful is that, that's what we are not getting and that's something that I think is very very important and I would like to be a part of bringing that back to the children of the future. We would like to be in a position to have people come into this city and observe wildlife, have nature professional, and professional naturalist that could take people out into this area and show them things, to be able to bring displays in from all over the nation and have it to where people could go through this center. The argument that we are having tonight and the very arguments against this I am sure were the very same arguments that were made about Central Park in New York, they were the very same arguments that were made when Portland Oregon decided to sit aside probably 30% of that entire town and today anybody that has ever been to those places can look back and say man is that not incredible that somebody had the concept and the foresight to see what that would mean to this community. I believe that some kind of resolution to this away from the 100 acre resolution has the potential of doing that for this city and I hope it does. The Springfield, Missouri center attracts about approximately 250,000 people a year and I asked Dan today how many it was. I said Dan how many do you think will be attracted to this one, he said Don it would probably be in excess of 100,000, 1 really couldn't tell you that, that's anybody's guess. Nobody really knows the answer to that, I think it depends on who runs it and how it's run and how our city embraces it. Obviously if the city does not embrace this it's a no deal, it's just that simple, and it just isn't going to go anywhere. What do we need out there and what would it look like, I guess I would start with what would an Audubon Center out there look like, I would visualize the wet lands being wet lands and being restored back to their natural state. Remember somebody just dug a trench right through the center of this thing to drain it and that's what we have today. I would like to see that back to the meandering stream that it once was and all the tremendous things that it would bring back to that wet land and yes the wet lands will grow because the truth of the matter is the wet lands at one time were significantly larger than they are today so that would help it grow. I would like to see the tall grass prairies out there restored, I tell you, you would not believe how many people would go out there to see the flowers on those and would be involved in the bird processes and things like that. It would be necessary to restore that and it would be a central focal point for this community and something that would be a learning experience for everybody in this community. That's another thing I would like to see, I would like to see a trail system all down the creek that runs on down to the adjoining schools, there's two schools. We need controlled access to the wet lands, it doesn't need to be something that people can just go out there and tromp around in all the time, you have nesting birds, you S 0 City Council Meeting May 6, 2003 Page 12 of 23 have all kinds of wildlife out there and you just can't have just free access to it because if you do you will destroy the very thing that we are talking about saving here. If you are talking about just letting people walk around on it, just X it because it's gone. There are times that you can, and there are observation things and there are things that can be done, but I mean just free access to it cannot, so we have to have controlled access. A generous remnant of the tall grass prairie needs to be present out there. I spent this spring traveling back and forth to prairies all over Arkansas and I am going to Hope next week to look at the tall grass prairies down there which is a black land prairie and the flowers on those and the things that you can see and the wild life and things that you take for granted you wouldn't believe, there is just holes all over those things where there are animals living down there, there are hawks over above that are going down and getting them and it's a cycle of life that's none of us really observe unless you are there and it's a chance for us to come back and have our community be able to observe what was a very broad amount of land in this area. We have hillsides all over this town and I would certainly be in favor in saving every one of them that we could, but they are not nearly as unique as this piece of property out there is and if we restore it, it would be so unique that it would just blow your mind, I guarantee you. We need a suitable building site and that would be about three acres and so really we are talking about what we need can be put on three acres. We can build a center on three acres, we can put the parking lots, hopefully Collins if he develops this, which I certainly hope that he will, then if he could share with us some parking lots we could even cut that amount. We need a center and we need it strategically located so we could have observation out of it and these things would just have to be worked out. We need access to high traffic areas and this is the reason this site so appeals to us, no different than the reason Collins wants to come here is the same reason we want to come here, because we are in the business of attracting a large number of people, if we don't attract a large number of people, we have no purpose. The nature conservancy goes out and sets aside land and just keeps people off of it and that's a wonderful thing to do, but that's not what we are really into, we're really into bringing people into nature and letting them interact with it. There is one other part that is extremely important and it hasn't really been brought out, but we need to preserve Wilson Springs. Wilson Springs is an extraordinarily unique thing that's out there that has the Arkansas Darter in it, a small beautiful fish that is pretty special and it's got to be protected and access to it has to be protected and I am not sure exactly how to do it but I think that's another worthy ambition. The next point I would do is to say, will 100 acres work, well let's not joke each other, there is 100 acres probably of wet lands out there right now, it's not buildable, it's not usable for anything, so the answer on that is obviously not, something more than that has to work and we would have to have that. My personal opinion of this is the Task Force recommendation. Many of the people that stood up here tonight and said it's time to bail out we've changed our mind, we are going to go on, I think it was thought through better than people give it credit for because over a very long period of time I have observed this, I've went out there, I've visualized building on it and I am not an architect but I tell you it is very problematic and I think that I would have a little bit of a heart tug with some of the things that are going to have to be done out there. We talk of this like this $5.2 million is a done deal, guys read the contract it's not a done deal, this contract simply says I'm going to go out there and I'm going to work up a deal, if I can get it through and I'm happy with it I'm going to buy it if I'm not I'm gone, so you don't have a deal you've got the beginning of a deal. You have a whole lot of people that you have heard here tonight that don't want that deal, so it's not over, and the shouting is going to go on for a long time and it really is time to put this to bed, so maybe some other solution is really a better solution, a better solution I City Council Meeting May 6, 2003 Page 13 of 23 for Collins, a better solution for the National Audubon Society, a better solution for the people of this city and that is what I would like you to consider. I just tell you what I think would make some sense, sit down with this developer, look at the price that he is paying, now no one is talking about whether that's the right price, but I want to talk about it being the right price. I spent my life selling things at the right price, you can either say it's a good deal or bad deal but I have probably sold 100,000 cars in my life and if I sold the majority of those at the wrong price I wouldn't have sold them. We have a situation here where we may have the price wrong; it may need to be a little less to give this developer the flexibility necessary to take all the things into consideration that needs to be taken into consideration. I think that Collins, and I am not putting words in your mouth, because I'm frankly kind of tired of people putting words in my mouth, so I don't want to put words in your mouth, but I would be surprised if he wouldn't tell you that this thing would be a heck of a lot easier if there wasn't such a price issue on this. If this thing could be resolved at a lesser amount and just sell him the whole property and let us sit down and work with him or some other organization and it doesn't have to be us we are not the only one in the world, but let us work toward a resolution to this at a dollar amount where he could actually get us the land or work a deal with us to get the land, but he could receive the tax benefits from it and he could receive a lot of things from it, but the whole thing is at $5.2 million, guys the economic model here is that you have just about got to do the whole thing there is just not much left and that may just be too much, so I will leave you with that, I have made Collins a commitment, I said I would come back and look at it when he gets it done. The National Audubon Society would like to have a center in Fayetteville, Arkansas no matter what anybody else says we want a center here and we are willing to commit our time and our resources to get this done, but let's get it off to a good start. I suggest to go back to the drawing boards see if you can't come up with something that's a little more compatible to everybody concerned and then see if we can't make a deal here that will live, if you make a deal tonight and he has such a problem developing this thing and so many people making it difficult for him he may say man I don't have to have this life, this isn't worth it, so let's make it worth it to him, let's make it a good deal for him. George Weiss, a resident said every intelligent person wants to gather all the information that they can if we are making a decision, one of the things I have not heard yet discussed tonight, since the Audubon does have nature centers throughout the country, has anybody looked into what impact they have in those communities, good or bad and I think until you have that information I don't know how you can make a reasonable decision, so I would suggest until you get that information you table this. Mayor Coody said we want Audubon here too, that has always been our position. Of course everybody in Fayetteville wants Audubon here too. Mr. Nelms said I don't think everyone is a fair statement, I've heard you say this time and time again. It's got to be compatible to us establishing and being able achieve our mission and we are talking about a very, very long term commitment to this city that will live way past any of us in this room and it has to be a deal that works and so we looked at this seriously, thought about it and we brought experts in, these guys do this every day and I am looking to them. They feel like this is a wonderful site for us, we will find a site in Northwest Arkansas, but I am telling you we are going to stick to the dying death on this one just simply because we think the habit is so C City Council Mceting May 6, 2003 Page 14 of 23 unique here and it is something that this city would be so proud of and we would be proud of, because this land is not pristine, everybody that has been out there knows that, this thing has had more alterations, it doesn't even come close to being calling pristine, but the potential for restoration is just unbelievable and the result would be unbelievable. I didn't mean to take up your time any more but I appreciate you all hearing us and whatever you do is fine with me, I am going to be happy with it and all of you really are my friends and that includes you Dan, I know we fuss and all this but I'll tell you I have been diligent about this because I think it's worth it and it's my time and I'm not even on the job here just remember that, I mean I think this is important, if we don't have this happen we'll do something else some other time, but I have met with Collins, I like him he has a great reputation, everybody here tonight has said that, so let's not let this chance pass up to make a lot of people happy with this thing. Mayor Coody said that what he was going to say is I think there may be some room where Audubon and Mr. Haynes can work together we have been visiting with each other and I know you have mentioned the possible purchase of a small tract of some land. I want to see Audubon work out a deal here in town and I do think that there is room for that, no one knows exactly what the magic number of acres is for the potential site out there of Wilson Springs Business Park, love to have Audubon out there, love to have Collins Haynes out there, I feel certain that you two can work out some kind of a deal to where you both can come out ahead. Matter of fact after talking with Mr. Haynes about this I feel certain that he will be able to work with you to accomplish your goal and I feel certain that you will be able to be flexible enough to work with Mr. Haynes to make something work out for Audubon, so I am putting faith in the two of you to be able to work out some kind of a compatible arrangement, I just feel certain that this will work just fine. Mr. Haynes said there has been a lot of discussion about Audubon. There are other groups out there that are just as deserving as Audubon, I don't have anything against the Audubon Society nor Mr. Nelms, I consider him a friend, I consider him a great environmentalist, but my point is this is not trying to accommodate Audubon, all I am trying to do is put an offer to the City Council of the City of Fayetteville that says I will pay you $5.2 million for this piece of property, I will deed out, this really is giving this land away, I mean I can own this 100 acres in putridity myself. I don't have to give this land up, this is a gift, and the notion that it is not a gift is a gross misconception. I see a very limited potential for failure, because I have gotten support of every person that I have talked to within the city government, I have gotten support of Mr. Nelms about trying to work out a solution on this property, if we don't come to a solution with the Audubon Society, there are other groups that I can work with on it and if I don't find a suitable group that 100 acres will sit insitu, I will protect it, I will let no one own this property. I mean it needs to stay pristine, whether Audubon uses it or the Sierra Club or the Nature Conservancy, whoever, it is a pristine wonderful piece of property, that being said I hope you vote for it so that I'll get a chance to show you what I think I can do with the property, should you vote against it, it's still a great piece of property and the Audubon Society and all the other environmental groups deserve to have a shoot at it. Thank you. Mayor Coody read a letter from the Mayor in Rogers commending Mr. Haynes and his work. I City Council Meeting May 6, 2003 Page 15 of 23 Alderman Davis said you are willing to work with other non -profits including Audubon if they need more acreage you are possibility willing to give or sell or try to work out some deal is that correct. Mr. Haynes said absolutely. Alderman Davis said with that and Mr. Haynes track record and his willingness to work with Audubon or another non-profit organization, I don't believe the City needs to be in the development business, it is something we needed to be out of 12 or 13 years ago. We bought the land because of TI, Texas Instruments was coming into Fayetteville supposedly and it never happened, as long as the land is owned by the City I firmly believe that nothing is ever going to take place out there, because of what has happened at this point in time, because of that I am going to move that I would like for the City Council to accept Mr. Collins Haynes offer. Alderman Davis moved to approve the resolution. Alderman Lucas seconded. Alderman Thiel said she has supported the Audubon Nature Center. I really was not going to get into that, but I think there really is a desire of the people that I have heard from, because as it has been pointed out the Nature Conservative provides basically a passive preservation of land and the offer that we have from the National Audubon Society is to build a nature center, which is the reason I have always thought of this as a win, win is because that would provide tourism dollars, educational opportunities that I don't think the Nature Conservative preservation of land would offer the same thing, with that being said I want to go on and say what I had planned to say. I support the sale of this property to Collins Haynes, who I believe is a fairly environmentally sensitive developer, but I don't believe this particular contract is in the best interest of the citizens of Fayetteville. If the Mayor had followed the recommendations of the Council and had gone to Collins Haynes with a proposal for involving the Audubon idea which he has a resolution on, we could be looking at a high class business commercial area and a National Audubon Center contract tonight and I truly think both would bring immeasurable economic benefits to the City of Fayetteville. I agree with what Don Nelms said that the best solution would be for Mr. Haynes and an Audubon representative to work out an arrangement that is suitable to both parties and to the public and this would probably consist of a reduced price coming back to this Council for this land. It would allow Collins to economically develop the land 70 to 90 acres and donate the rest to the Audubon Society which then of course you would derive the tax credits for that. I think this Council and the public needs to remember this land was bought for economic incentive, it was never bought to sell for profit, that was not the intention of the purchase of this land, if we can sell this land, recoup our loss and make some, I think that is the win, win. I fully understand that people, all the public is very tired of this debate, I think they want something now, but I think we still have the opportunity to do the right thing, I think the citizens desire that, particularly the citizens of Ward 4 where this property is located. So I would like to see this tabled for another two weeks to give these people an opportunity to discuss this a little further. Alderman Thiel moved to table the resolution until the next Council meeting. Alderman Jordan seconded. 0 City Council Meeting May 6, 2003 Page 16 of 23 Alderman Jordan said every once in a while when I make my decisions we come to a point to where we as politicians the plastic facade that we put around us from time comes off and the true character of the politician is revealed, what I mean by that is this. When you come to a vote like this who you are really comes out, what you believe, what you rely on, who you are. As I made decisions on this thing I flipped through my notes and I asked myself two questions, what have we said and what have we done, what do we have and what do we lose. As I made decisions on this thing, we passed a resolution last October, I in good faith and we passed it unanimously and we said this is what we are going to do, if I remember this correctly, we are going to preserve 180 acres we are going to develop 70, we are going to put a 600 foot buffer around that creek in the northern area and we are going to study the rest and that was never done. That concerns me. As far as the Audubon goes this is a chance to have a nationally known park in this area that can be passed down for our children and our children's children from one generation to the next and that is important to me. I do not want to sacrifice the inheritance of my children and my grandchildren for some monetary gain right now, now I fully believe that we can table this and come back with a better solution to this. We do know we can sale the seventy acres right now and if it is anywhere close to $35,000, that is $2.4 million and we can still have the Audubon and we can still study the land in the northern area to see what we can have, but in my opinion, I have made a decision and I am going to go with the first recommendation of that Task Force. I don't care what kind of straw vote we've got in here tonight. Alderman Marr said he loved Mr. Molders comment that it is time to pony up to the table and make some decisions and I know that before I even ran for office in a special election this piece of land was being talked about, I remember on the Planning Commission, I remember people talking about it at our Rotary and one of my first meetings was a presentation on what the City did and this particular piece of land came up and what should be done with it. I struggle with whether it should be tabled or not because I think that most everyone who has talked to me, who has called me, I have been very clear that I absolutely 100% do not believe that the City should be a developer, there is a lot of appeal to me to get out of the business that is not our core competency, I don't think we have compensation programs around creating positions that encourage people to attract business to the city. I don't think you have proven even with the Task Force recommendation that we had people lined up to come develop or we would already have had things in front of us, I think there are a lot of weaknesses and I think we need to get out of that. I too have some questions on the contract itself, because I don't like that every out is on the side of the developer. I think Ms. Alexander's comments tonight that it's identified by Legacy Group, the time period is designated by the Legacy Group some of those things concern me. I don't want to kill a deal over that, but I'll tell you that it concerns me because I think it's a decisive issue that probably could be worked out. I also do not want to run off a developer, my very first question was is it time sensitive because I can tell you if I could pick a person that I would want to do this it would be the one that is standing here with the offer without question. What limited conservation I have had with him personally and with what my own due diligence and referencing of him as a developer in the region. So I really struggle with this motion to table because what I don't want is to be here on May 20th from 6:00 to 10:00 pm hearing the same comments again, I don't know that it will change that much and I don't know how willing we truly are to say are we willing to take a little bit less to get a little more preserve so that we get win, win. If it came down to the fact that nothing was going to change, then I don't support tabling it and if we think that we have some kind of negotiation that can take place, then I think 0 City Council Meeting May 6, 2003 Page 17 of 23 we should wait. So I guess I am trying to get some feel for, do we think that there is any possibility of further discussion on the contract or do you see it that way, do you see that there is a resolution on an amount and the terms. Mr. Haynes, said we do not design by committee nor do we work deals out by committee, so I am not use to this, let me just tell you where I am coming from, I have an offer on the table to you right now for $5.2 million. My suggestion to you is that you take that as a basis in fact per acre for that property, if during our discussions and my submittal to the City through the PZD process that Audubon can work with me on taking part of that land more that just the designated wet land area and come up with a suitable site that they can use for their development and I am going to give back another amount of acreage then you reduce my basis back down that I pay you for that land by that amount, because this could go on. I have done a lot of work on this project in trying to find suitable environmental non -profit's to utilize the property, I have called the Audubon, I have emailed the Audubon, the Audubon comes back and I quote in this email " Audubon at this present time has more projects possible than we can ever possibility take on even in a strong economy" that comes from the National Audubon Society, you have nothing in writing that indicates that Audubon is going to build there, I fully believe they will build there, I want them there, I like Ken Smith, I like Don Nelms, I think it can happen, but it's not going to happen in 6 months, it's not going to happen in a year, it's going to take a long time. I'm not going to wait, neither is any reasonable businessman, so what I am trying to point out to you is I think the solution here is to put a basis per acre cost into this contract, if I buy all 289 acres for the property I am going to give you $5.2 million, if I work something out that your Planning Commission and your PZD group agrees is the best solution to try to get a nature center in there and I have to give up 30 more acres of my property then my price and my basis are reduced portionally that would be a suggestion. Alderman Man said how is that reflected in this contract. Mr. Williams said he was negotiating this contract with Mr. Haynes attorney and we looked at this and this contract has gone through a lot of back and forth's to try to make it as fair as possible and as you are aware being on the Planning Commission often times the person that is asking for a rezoning doesn't own the property yet, they just have a right to buy it if the property is rezoned, so that is not so unusual. In this particular context Mr. Haynes doesn't actually have to fully go through with this contract and pay the $5.2 million unless his development is approved, and when it is approved by the Planning Commission or possibly the City Council which is our out, because if he proposes a development that is not satisfactory, that does not honor the wishes and desires of the Planning Commission or the City Council, well then he is not going to be approved. You have the power just like the Planning Commission has the power on that, especially if it is a Planned Zoning District, so he has a right and I think it is very reasonable for him to have a right to say unless my project gets approved this land is not worth anything to me, that's why he has the right to back out of it. I think at that point in time, let's assume as Mr. Haynes just said that after he has done his study on the wet land, after he has talked to whatever non-profit conservation group he wants, maybe it's looked at that there is more than 100 acres that's needed to be preserved, it doesn't mean that we can't go back as part of this contract and make an amendment to the contract just as he has suggested, if as long as you all would agree and he would agree at that point in time. I don't think you will ever get to that point though, I City Council Meeting May 6, 2003 Page 18 of 23 unless you agree to this contract, because he is not going to begin all the development process to get there. Mr. Haynes said if you want to sell me the property for $5.2 million and I give you a minimum of 100 acres back to a non-profit that is the deal on the table, I think it's evidence by what I'm telling you and being heard and being listened to and probably quoted in the press as probably saying right now, my reputation is on the line, I do what I say I am going to do. I have just told you I want to work with Audubon or a non-profit to try to develop the piece of property so we can both co -habitat and have a great development. Upon roll call the motion to table failed 2-6. Alderman Thiel and Jordan voting yes. Alderman Cook, Marr, Rhoads, Davis, Lucas and Reynolds voting no. Alderman Thiel said there are some changes she would like to see in the contract, but since we didn't table this there is really no way, I don't see how we handle making amendments to a contract, I don't see how this Council can do that tonight, that's why my suggestion to table it so this could be worked out, we make suggestions for changes. they come back to us with the changes. I have a real concern about one of the sections in this, that's the one Fran eluded to. Can we make amendments to this. Mr. Williams said I don't think you can make amendments to this particular contract, this is an offer and acceptance contract which has been signed both by the Mayor and Mr. Haynes, and so the contract is before you for acceptance or rejection at this point in time. Mr. Haynes said that that's all it is, it's an O & A. Alderman Thiel said she would just as soon see the consideration of this 100 acres of wet land and creek be removed from this contract. Mr. Williams said if this contract is not acceptable to you, you will need to vote against the resolution. Alderman Marr said how do we make sure that the proceeds go towards the things that we are talking about tonight as opposed to being in the general fund without any direction as to how it is going to be spent. Mayor Coody said the decision is ultimately the Council's how this money is spent, but I am going to make a pitch to the Council that we spend $3 million of this money preserving creeks, streams, multi use trails, etc. It is going to be up to the Council on how we spend the money, but I feel certain that they will fall within the parameters that we came up with at the retreat. Alderman Rhoads said the last thing you said is the most important piece and that is what we decided our priorities were a month and half ago, we all have them, I bring them to every meeting, I look at them, I refresh my memory. I think we should maintain the flexibility to use the proceeds as our priorities dictate otherwise we are going to have the same kind of conservation that we had tonight about you promised to do this and you promised to do that. I think we need the flexibility to spend the money on the priorities. City Council Meeting May 6, 2003 Page 19 of 23 Upon roll call the motion to approve the resolution passed. 6-2. Alderman Cook, Mart, Rhoads, Davis, Lucas and Reynolds voting yes. Alderman Thiel and Jordan voting no. Resolution 68-03 As Recorded In The Office Of The City Clerk Wilson Springs Business Park Survey: A resolution approving Contract Amendment #2 with McClelland Engineers, Inc. in the amount of $71,000.00 for engineering services relating to the sale of the Arkansas Business Technology Park (Wilson Springs Business Park ). Alderman Davis moved to approve the resolution. Alderman Reynolds seconded. Upon roll call the motion carried 7-0-1. Alderman Rhoads was absent during roll call. Resolution 69-03 As Recorded In The Office Of The City Clerk WHM Land Investments, Inc. Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by WHM Land Investment, Inc. to secure the necessary land on which to construct the West Fayetteville Fire Station. The resolution was tabled at the May 6, 2003 City Council meeting. Alderman Davis moved to table the resolution until the next meeting. Alderman Thiel seconded. Upon roll call the motion to table passed 7-0-1. Alderman Rhoads was absent during roll call. VAC 03-6.00 (Allen): An ordinance approving VAC03-6.00 to vacate and abandon a 43.7 sq. ft. portion of the utility easement located along the south property line of 2541 Litchfield Lane as depicted on the attached map and legal description. Mr. Williams read the ordinance. Alderman Davis asked what was the reason for the vacation. Mr. Conklin stated that there is a small encroachment with ease of an existing structure, so in order to get clear title and clean that up they have to vacate just that 43.7 sq. ft. Alderman Davis stated that this was passed by The Planning Commission 7-0. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Davis seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Davis seconded. Upon roll call motion passed unanimously. Mr. Williams read the ordinance. U:h I Mt1's'LSISI J N I , [CIVATLsISI 9 0 Fayetteville: Project Name: C-PZD 03-08.00 (Legacy/Haynes) To Whom It May Concern: The aforementioned project falls under the definitions of a C-PZD, Commercial Planned Zoning District, in the city of Fayetteville for the following reasons: The development was designed in such .way so as to cluster commercial and office activities into areas specifically designated for such uses. The development organized in respect to each areas intended uses, so as to minimize the impact such development might have on the surrounding areas and traffic flows: The general design of the project was accomplished by utilizing the input and expertise of groups intimately involved in the development of other successful commercial and residential developments in the area while simultaneously workingwith The Audubon Society, whose goal was to help shape the project's interface with the intended users of this area, while still protecting the existing ecosystems and wetlands. In summary this project is a collaboration of many professionals working together to help create distinct and diversified uses for the land while focusing on minimizing the impact this project will have on not only the surrounding areas but also the existing environmentally sensitive areas. cEP 2 4 20,03 a \U\ I..., ['•T OS 20Q3 DRAFT PROPOSED AUDUBON USES OF THE WILSON SPRINGS SITE Subject to the approval of its Board of Trustees, it is the ultimate intent of the National Audubon Society to develop the Wilson Springs site as an Audubon Center —a nature center, in other words, whose purpose is to connect people to naturethrough a variety of educational and recreational activities. While the exact level of development and list of permitted and excluded activities has yet to be developed for this site, Audubon Centers are typically organized as follows: Features and Permitted Uses • A building up to 15,000 square feet, sited away from sensitive natural features, that may include classrooms, exhibits, offices, storage, and related public and support spaces, using environmentally -sustainable ("green") construction techniques and design elements • Parking and trails for limited public access at discretion of the National Audubon Society • Small pedestrian bridges and/or boardwalks • Wildlife viewing and photography blinds • Limited small signage (i.e., marking trails, interpreting natural features) . • Only energy saving, "dark skies" lighting • Restricted and controlled use of pesticides and herbicides • Habitat restoration projects (native prairie, wetland, etc.) • Special gardens designed to attract hummingbirds, butterflies, and other wildlife • Activities to include hiking, birdwatching, photography, educational tours, and other low -impact uses. • Managed/controlled grazing • Fire management Excluded Uses • ATVs, motorcycles, bicycles, and skateboards • Horseback riding • Pets • Most forms of active recreation, including team sports, running/jogging, etc. • Planting of invasive non-native species The exact features and uses of the site will be determined through a site -specific planning process that includes mechanisms for public input and involvement, and may include or exclude the above or other elements at the sole discretion of the National Audubon Society. This is subject to revision as circumstances dictate or as more information becomes available with the understanding that this is not a binding document of usage. October 3, 2003 NOTE: The springwoods project is currently being reviewed via the U.S. Army Corps of Engineers Section 404 (of the Clean Water Act) permit process. Compensatory mitigation activities will likely be required. As a result, in order to comply with a Corps permit, land utilized for mitigation purposes will be transferred to the National Audubon Society when conditions of the Corps permit have been satisfied. Mitigation will include items such as wetland preservation/enhancement and creation, native prairie restoration and enhancement, establishment of riparian buffer zones along waterways as well as installation of wildlife habitat improvement structures. ; EGIS, Inc. is actively coordinating the Section 404 permit request on behalf of Haynes Limited. Mitigation plans will continue to be coordinated by EGIS and Haynes with the Audubon Society prior to commencement of mitigation activities. RESTATED PLAT AND BILL OF ASSURANCE springwoods This Plat and Bill of Assurance made this 2nd day of October 2003 by Legacy Project, LLC, hereinafter referred to as "Developer". Article 1. Recitals 1. 1 The Developer is the present record title holder of certain real property situated in the County of Washington, State of Arkansas, more particularly described as follows: A part of Section 33, Township 17 North, Range 30 West, being more particularly described as beginning at the NW corner of said Section 33, Thence South 87° 19'24" East- 2637.40 feet to the NE corner of the NE'/. of the NW '4 of said Section 33; Thence South 87° 14' 56" East — 247.50 feet; Thence South 2° 26' 17" West- 1030.76 feet; Thence South 87° 17' 25" East —1100.15 feet to the West right of way line of U.S. Highway 71 By -Pass; Thence along said West right of way line of the following bearings and distances, South 26° 01' 09" West- 74.14 feet; Thence South 74° 59' 16" West -100.11 feet; Thence South 75° 15' 02" West - 117.54 feet;. Thence South 66° 53' 26" West -127.62 feet; Thence South 50° 13' 36" West -.191.34 feet; Thence South 31° 34' 48" West -190.36 feet; Thence South 16° 24' 53" West -126.58 feet; Thence South 04° 16' 48" West - 188.26 feet; Thence South 16° 36' 56" East - 57.67 feet; Thence South 12° 48' 23" East -100.11 feet; Thence South 05° 19' 10" East - 280.77 feet; Thence South 07° 15' 05" West -170.41 feet; Thence South 27° 10' 09" West -171.37 feet; Thence South 34° 22' 25" West - 949.12 feet; Thence South 38° 27' 59" West -150.76 feet; Thence South 34° 22' 18" West - 922.60 feet; Thence leaving the West right of way of Hwy 71 By -Pass North 87° 11' 53" West - 631.86 feet; Thence South 02° 25' 44" West, 329.87 feet; rin woods. Thence North 87° 21' 18" West - 660.00: feet; c-PZD 03-08.00 sp g Thence North 02° 25' 44" East - 330.00 feet; Thence North 87° 21' 18" West -660.23 feet; Thence North 02° 28' 11" East - 2480.65 feet; Thence North 87° 19' 24" West - 330.00 feet; " r �q 1rz 0 6.7003 r LJ Thence North 2° 28' 11" East -1816.06 feet,to the point of beginning, containing 289.28 acres, more or less, Washington County, Arkansas. 1.2 The Developer intends to plat the Property from time to time into Lots but all the Property shall forever be known as springwoods, Washington County, Arkansas. 1.3 Developer is desirous of subjecting the Property to the conditions, covenants, restrictions and reservations herein set forth to insure proper use and appropriate development and improvement of said Property as an office park / residential -mixed use complex. Lil Article H. Definitions 2.1 Definition of Terms: a) "Developer" shall mean Legacy Project, LLC, its successors and assigns. b) "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the fee simple title to any Lot in Springwoods, Washington County, Arkansas, but excluding those having any interest merely as security for the performance or payment of an obligation. c) "Property" shall mean and refer to the real property hereinbefore described as Springwoods, Washington County, Arkansas. d) "Improvements" shall mean and include but not be limited to buildings, parking areas, loading areas, fences, walls, hedges, landscaping,. mass plantings, poles, signs and any structures of any type or kind. e) "Lot" shall mean and refer to the fee simple absolute estate of any numbered plot of land shown upon the Plat of Springwoods as heretofore and hereafter platted. f) "Plat" shall mean and refer to that certain drawing attached to and made a part of this instrument. Article III. Purpose 3.1 The Property is hereby made subject to the following conditions, covenants, restrictions and reservations all of which shall be deemed to run with the Property and each and every parcel thereof to insure proper use and appropriate development and improvement of said Property so as to: a) protect the Owner against such improper development and uses of surrounding Lots as will depreciate the value and use of their Lots; b) prevent the erection on the Property of structures constructed of improper or unsuitable materials or with improper quality and methods of construction; c) insure adequate and reasonably consistent development of the Property; d) encourage and assure the erection of attractively designed permanent improvements appropriately located within the Property in order to achieve harmonious appearance and function; e) to provide adequate off street parking and loading facilities; and f) generally promote the welfare and safety of the Owner. 3.2 The Developer hereby plats Springwoods, Washington County, Arkansas. Henceforth, description and conveyance by such designation as shown and represented on the Plat shall be a proper. and sufficient description for' all purposes. Article IV. Easements and Roadways 4.1 A permanent easement or easements for drainage, for laying and maintaining sewer pipes and mains, storm sewers and for the installation and maintenance of utilities are created, accepted and reserved over, across and through the Property as shown on the attached Plat. 4.2 The Developer hereby dedicates to the public forever an easement of way on and over the streets as shown on said Plat, to be used as public streets. 46 a Article V. Permitted Uses 5.1 In the development, use, or ownership of all or any portion of the Property the Owner thereof shall develop same in compliance with the zoning rules and regulations of the City of Fayetteville and any and all other applicable governmental entities as they apply to any particular portion of the Property. 5.2 Owner shall not permit any commercial uses on said Property except (1) those permitted as Accessory Uses and Conditional Uses in the RPZ Zoning Classifications of the Zoning Ordinances of the City of Fayetteville. Article VI. Regulation of Improvements 6.1 Approval. No building shall be erected, placed or altered on the Property until the building plans,. specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets and finished ground elevations have been approved in writing by the Developer. A primary purpose of this restriction is to insure that proper standards of planning, design and construction are followed in the development of the Property and as such, all submissions shall be prepared by a licensed architect with current registration in the State of Arkansas. 6.2 Developer's Liability. The granting of any approval, permit or authorization by the Developer shall be final and binding. The Developer shall incur no liability by reason of its approval or refusal to approve any plans or specifications submitted hereunder. 6.3 Submission Requirements. (a) Any submission to the Developer for approval of a proposed development shall include: (1) A large scale development plan, to scale, indicating the location of all proposed improvements, including, without limitation, structures, parking areas, storage and maintenance areas, fencing, drainage and traffic circulation; LJ (2) Landscape plan, to scale, indicating site topography, elevations of walks, drive and building entries, existing tree locations, proposed tree removal and /or replacement (location and trunk diameter), fencing location, site of fencing and material thereof, and any. other pertinent site treatment; (3) Building elevations, to scale, indicating all elevations of proposed structures with specification of building materials, fences and, color scheme; and (4) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. (b) Approval of any proposed development by the Developer will not relieve any Owner of the obligation to comply with all laws, ordinances, regulations or rules of any governmental body, nor can any Owner rely upon such approval as an indication of such compliance. In no event will approval of such proposed development by the Developer create any liability to the Owner or to any third party who may seek to rely thereon. 6.4 Setbacks. No building shall be located on any building site nearer to the front, side or rear lot lines than the minimum building set -back lines shown on any recorded Plat affecting the Property. Provided, however, in the event any Owner or Owners of contiguous Lots desire to develop their Lots as one project, the Developer shall have the right to waive the common side setback lines to promote the development of the contiguous Lots as one in a manner which is aesthetically compatible with the development of the Property, if approved by the City of Fayetteville. 6.5 Sidewalks. Sidewalks shall be installed by the Lot Owner along abutting streets as may be required by the City of Fayetteville. 6.6 Fencing. Owners of lots abutting residential or agricultural zoning designations are hereby required to install solid type wood fencing ( six feet tall) along the adjoining R or A zoned land (submit as part of large scale development plan). Design and location to be approved by Legacy L.L.C. N 6.7 Subdividing. No Lot shall be subdivided without written consent of the Developer and the Fayetteville Planning Commission first having been obtained. 6.8 Building Exteriors. The exterior of all improvements on any Lot shall comply with the following: (1) Exterior wall elevations of buildings must include at least 40% content of Eureka brick, blend 23 or blend 65 - modular or equivalent, unless otherwise approved by the Developer. (2) Roofs shall be of a flat or sloping design in standing seam metal (slate grey) approved by the Developer. (3) Roof -mounted mechanical equipment, which is visible from the ground, is to be screened and painted to match the exterior material of the building. No rooftop HVAC units allowed. (4) Gutters and downspouts are to be painted to match the surface to which attached. (5) Vents, louvers, exposed flashing and service doors are to be painted consistent with the exterior material of the building. 6.9 Screening. Areas used for loading, service access, ground -level mechanical equipment, and other appurtenant items of poor visual quality are to be screened by the use of the same material as the building exterior. In the caseof certain low-level items, such as transformers, the Developer may approve the substitution of dense, mature landscape materials. 6.10 Signs. (a) Ground Signs. (1) There may. be a maximum of one ground sign per building unless the development has • entrance drives on two streets, in which case there maybe one ground sign at the entrance drive on each street up to a maximum of two total signs. (2) The ground signs will be of material approved by the Developer. All letters are to have metal fmish directly applied. (3) Ground signs will be no more than four feet above grade in height nor more than 32 square feet in area. If signs are upon landscaped berms, their maximum height above curb level shall be six feet. (b) Wall Signs. There maybe a maximum of one wall sign per building unless a building fronts on two streets, in which case there may be one wall sign per street frontage up to a maximum of two per building. (c) Pole Signs. One pole sign per site may be allowed by the Developer in the event that any of the following commercial businesses are included within the Property. (1) Offices (2) Vendor Unless expressly approved by the Developer, pole signs are not permitted. (d) Temporary Signs. The location, size and design of temporary signs are subject to the approval of the Developer. 6.11. Driveways and Parking. (a) The location of driveways requires the prior approval of the Developer. (b)Each development is to provide the following minimum parking within its confines: (1) Office: One space per 300 square feet gross floor area (c) All parking areas adjacent to landscaped areas shall have concrete upright curbs. 6.12 Lighting. Exterior lighting shall comply with the following: (a) Parking Lot: (1) Type: Hubbell Lighting, Magnuform III, RCS Series (2) Height: Twenty feet overall (3) Finish: Black finish for pole (SSP-420X-XX) and fixture (RCSA 175H3P8 I ) (b) Walkways: 1• a (b) Walkways: (1) Type: 8" round bollard light (2) Finish: Black finish• (c) Lighting to highlight building shall be at ground level with black finish for fixtures. (d) Security lighting fixtures are limited to use for lighting loading or similar service areas and shall have black shielding. (e) All exterior lighting shall be shielded and confined within the site boundaries. 6.13 Landscaping. (a) Owner will be responsible for the design, development and. maintenance of the landscape on his own site and contiguous planting areas within various right-of-ways and public property to the face of curb. Contiguous parcels owned by such. Owner reserved for future expansion shall have the required landscape areas fronting on streets fully developed at the time the first phase of development occurs. Lot mowing of any undeveloped parcels shall be required at least monthly during the growing season. Dead or extensively damaged trees, ground cover or shrubs shall be identically replaced within thirty (30) days after the damage occurs. Replacements may be made at a later date, with the Developer's approval, if necessary due to seasonal conditions. (b) Irrigation: All landscaped areas are to be irrigated with an approved automatic sprinkler system. Impact heads will be utilized along the rights -of -ways and will be spaced to provide complete coverage between the right- of-way line and the back of curb. The irrigation system will be designed and operated to prevent or minimize run-off and discharge of irrigation water on to roadways, driveways, adjacent properties and any area not under control of the user. 6.14 Maintenance of Areas in Public Rights of Way I u (a) Each Lot Owner shall pay to the Developer or its assignee and annual maintenance charge, which charge shall be due and payable annually in advance on the first day of January in each year. The first year fee shall be prorated on a daily basis from the date of closing through December 31 of that year: The maintenance fund will be used for improving (not initial development) and maintaining the rights of ways (the "Public Areas") in the Property in such a manner as is deemed necessary by the Developer to maintain the overall attractiveness of the Property, including but not limited to maintaining attractive landscaping in the Public Areas, or for doing any other thing necessary in the opinion of the Developer; for keeping the Public Areas neat or in good order. The maintenance of the green areas for each individual Lot within the public right-of-way shall be the responsibility of the Lot Owner. (b) The maintenance charge shall be computed based upon the ratio of the square foot area of each Lot within the Property is to the total square foot area of all property within the Property, less the Public Areas. The payment by Owner at the beginning of each year shall be based upon an estimate by the Developer and adjusted up or down at year end. (c) In the event that any Owner fails to maintain its Lot or that area of the public right-of- way that is its responsibility for maintenance, then the Developer, following reasonable notice, may perform the necessary maintenance and charge to that respective Owner the cost of such maintenance work. This right of the Developer shall be limited to the landscaping and exterior housekeeping and shall not extend to any maintenance of buildings. (d) Any unpaid amount for general maintenance of the Public Areas or for specific maintenance performed by the Developer due to Owner's failure to maintain its Lot shall become a lien against the subject Lot. (e) Initial fee shall be $1,200.00 annually per lot. Termination Modification and Assignments. Article VII. 'IC 7.1 Term. The covenants, conditions and restrictions and reservations contained herein shall continue in full force and effect until January 1, 2028 and shall thereafter be renewed automatically from year to year unless and until terminated as provided in paragraph 8.2 hereof. 7.2 Termination and Modification. The covenants,.conditions, restrictions and reservations contained herein may be terminated, extended, modified or amended as to the whole of the Property or anyportion thereof, with the written consent of the owners of 50% of the Property (other than Property dedicated to the Public Areas). Such termination, extension, modification or amendment shall be immediately effective on the recording the proper instrument in writing executed and acknowledged by such Owner in the office on the Clerk and Ex -Officio Recorder of Washington County, Arkansas. 7.3 Assignment of Developer's Rights and Duties. Any and all rights, powers and reservations of the Developer herein contained may be assigned by the Developer to any person, corporation or association or committee which will assume any or all of the duties of Developer hereunder, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment, said assignee shall, to the extent of such assignment, assume Developer's duties hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by the Developer herein. Upon such assignment, and to the extent thereof, the Developer shall be relieved form all liabilities, obligations and duties hereunder. The term Developer as used herein includes all such assignees and their heirs, successors and assigns. If at any time the Developer ceases to exist and has not made such as assignment, a successor developer may be appointed by the Owners of 50% of the Property ( other than Public Areas) upon compliance with the requirements of paragraph 8.2 of this Article VII. Article VIII. Miscellaneous 11 I • 8.1 No Waiver. All the conditions, covenants, restrictions and reservations contained in this Bill of Assurance shall be construed together, but if it shall at anytime be held that any one of said conditions, covenants, restrictions and reservations or any part thereof, is invalid, or for any reason becomes unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 8.2 Owner's Liability Subsequent to Sale. Upon sale of a Lot, the Owner so selling shall not have any further liability for the obligations thereon which accrue against such Lot sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any Lot from any liability or obligations incurred prior to such sale pursuant to this Bill of Assurance. Furthermore, any such sale shall not modify Developer's right of repurchase pursuant to Article VII hereof. 8.3 Benefits and Burdens. The terms and provisions contained in this Bill of Assurance shall bind and inure to the benefit of the Developer, the Owners of all Lots located within the Property, their respective heirs, successors, personal representatives and assigns. 8.4 Notice. Any notices required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested and shall be directed as follows: If intended for an Owner (1) to the Lot if improved; (2) if the Lot is not improved to the address set forth in purchase contract; (3) none of the foregoing, to the last known address of the Owner. If intended for the Developer to the address as follows: Springwoods do H. Collins Haynes 5417 Pinnacle Point Drive Suite 100 Rogers, AR. 72758 12 M 8.5 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the contacts requires. EXECUTED on the date first mentioned above. Springwoods by H. Collins Haynes, Managing Partner 13 • u ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named H. Collins Haynes, Managing Partner, Legacy, LLC., to me personally well known, who stated he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said partnership and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this_ day of 1999. My Commission Expires: End of Document 14 IJDI• 09 '99 .4 : 1'PPI P c:Y BnR 1CH P. 2 ijiDEPARTMENT OF THE ARMY LITTLE ROCK TRfCT, OF EI�GIREER5. "Isoxe aT ecsicc sox eT LITTLE ROCK ARKANSAS T2203.0BB7 .(PT TO NOV9 1999 ATTLNTOM DI 1, a J Engineerir_g and Technical Services Division Regulatory Section FILE No. 06527 Mr. Manuel Earnes EGIS 314 South Main Bentonville, Arkansas 72712 Dear Er. Barnes: Please refer to your'prelininary wetland assessment dated Septeiber 13, 1995, concerning a wetland deternination on 319 acres known as the Arkansas Research and Technology Park (ARTP) The park is along Clabber Creek, in Section 33, T. 17 14., R 30 W., northern Fayetteville, Washington County, Arkansas. We concur with your delineation of the ":caters of the united States" on the subject property. An estimated 66 acres of wetlands were identified using the a987 Corps of Engineers Wetlands Delineation Manual, and another 12 acres (5,900 linear feet) of stream are also present. The approximate location of these areas are shown on the attached map of the site. This determir.ation is valid for a period of 5 years from the date of this letter unless new information warrants revision of the determination before the expiration date. please be advised that the discharge of dredged or fill material in waters of the United States, incl•.:ding wetlands, requires a Departtent of the Army permit prior to beginning work. A permit is required pursuant to Section 404 of the Clean Water Act and Corps of Engineers implementing regulations, 33 Code of Federal Regulations (CFR) 320 - 330. The clearing of wetlands with mechanized eq+ipmen t; landle:eling; constructional ditches, dikes, and dams; placement of fill to raise the elevation of a site; placement of backfill and bedding associated with utility lines and stabilization of banks are examples of activities that routinely require a permit. plan and cross section drawings should be on 8 1/2- by ii - inch paper. O"lr acceptance of an application does not necessarily mean it will be approved. Final wetland boundaries should be surveyed and quantified on the plan view of the development. Typical drawings of road and utility crossings in wetlands and streams should to furnished. ran 4 2003 Kv.' 39 '9S aa:13PM PILATY B 'CM -2- Once a preliminary plan for the area is developed, we • recommend an on -site meeting with state and federal resource agencies prior to submittal of a" application. Your cooperation in the Regulatory Program is appreciated. if you have any questions, please contact the Project Manager, Mr. Ken Lyon at (501) 324-5295 and refer to No. 06527-1. Sincerely, Jerry . Harris, ?.E. Chief, Regulatory Section Enclosure CERTIFIED MAIL - RETURN RECEIPT REQUESTED g 1� ,_. `P 2z 2003 r'fl' 09 '99 ©4 : 34PP1 REi-IIGTCr i LRAICh do rl- iiiii --.. I 1 .1..b •�31 , . •• •.... . • I. A �) • r _ Y. ______ k-" r.c-a 34 4 i _ ACTION ID N0, 06527 City of Fayetteville Wetland Determination Clabber Creek November 1999 SKEET ? OF 2 ^'^ EGIS 01850 S: C• a m t•K,A' 09 /99 04: fl'F VLLLLH I'.•<i bFJ-IMLN C• \ 3 J • U{ ] n .+ o 00. 8 � •` g� 7 .! �'. n • E • btp c I (t FAYETTEVILLE a FIRE MARSHAL'S OFFICE THE CITY OF FAYETTEVILLE, ARKANSAS From: Fire Prevention Bureau To: Planning Division Date - 3 REZONING /. ANNEXATION REZONING # C -n P O3'D&OWNER c,�1 ol/rs NAs ANNEXATON# OWNER LOCATION OF PROPERTY $ W S f Dti OF 1-54O .- Ar uu. 112 - NEAREST FIRE STATION AND LOCATION ST, 1f2 6AICL RESPONSE TIME FROM FIRE STATION # 2 TO LOCATION OF PROPERTY 5 MINUTES 30 SECONDS_ TRAVEL MILES FROM FIRE STATION # 7 TO LOCATION OF PROPERTY 3 np rt COMMENTS ON FIRE DEPT. ACCESS/ROADWAYS EXISTING FIRE HYDRANTS? IF SO LOCATION WATER SUPPLY WTH HYDRANTS COMMENTS.. .--........ . SUBSTATION. MAIN OFFICE 115 SOUTH CHURCH ST. N.W.A. MALL (501) 444-3448 / (501) 444-3449 (501) 575-8271 FAX (501) 575-8272 FAX (501) 575-8272 t�J FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE July 21, 2003 Joe Tarvin EGIS 314 S. Main Street Bentonville, AR 72712 Re: Legacy/Technology Park site Dear Mr. Tarvin, 125 W. Mountain St. Fayetteville,AR 72701 Telephone: (479)575-8267 Staff has reviewed the conceptual site plan for a Planned Zoning District (PZD). for the old Technology Park site as discussed on our July 09, 2003 meeting. Following are recommendations and findings from Staff as to how to proceed with your proposal:. Access: Staff.remains concerned about overall connectivity as the site plan currently proposes. A specific policy of City Council, connectivity intends for commercial areas. and residential areas to be easily accessible by vehicles, pedestrians and bicyclists. Areas that staff would like to see improved or investigated more thoroughly include: ■ Possible connection to Moore Lane to allow for better ingress/egress to higher density multi family area. Connectivity for these multi family units to commercial areas will be crucial. a. Investigation of a gridded street pattern to better facilitate the use of alleys and for better delineation of neighborhoods in the multi family area ■ Moving the access from Deane Solomon to the Legacy South.SFR to the currently proposed cul-de-sac location, reducing the impact on the delineated wetlands. Why is the current location across wetland areas? Line up the access to the Legacy North SFR area with the future street ROW across Deane Solomon Investigate the option of using internal streets to provide an edge along the wetland/natural area as a transition area from the more manicured residential and commercial uses A traffic study is necessary to determine the impacts of the proposed development. Two intersections that in particular will be affected by the current proposal, Shiloh/Hwy 112, and Deane Solomon/Porter Road, are items of concern. The potential traffic impact of the proposed uses is also afinding that Planning Commission must determine for reasons of safety and adequate means of access. 00 October 7, 2003 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear. Director Warrick, This document is in response to the request for a determination of whether the proposed zoning RZN 03-08.00: Planned Zoning District (Springwoods, pp 248) for property located on the Southwest side of I-540 and Arkansas Highway 112 would substantially alter the population density and thereby undesirably increase the load on public services or create and appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. It is. the opinion of the Fayetteville Police Department that this rezoning will not substantially increase traffic congestion in the area. Sincerely, Lieutenant William Brown Fayetteville Police Department 0 Investigation of alternative means of East/West connections through the .site. The Master Street Plan currently proposes two Collector streets to carry traffic from Shiloh/Hwy 112 to Deane Solomon through the subject property. The current proposal does not provide for an adequate means of east/west transport as determined is necessary by the Master Street Plan. ■ Street Improvements: Recommended improvements to current infrastructure as discussed include, but are not limited to: ■ . Curb/gutter extended the entire length of the property that fronts onto Shiloh Drive. Staff is in favor of a trail at grade for pedestrian connection along Shiloh Drive, as opposed to a traditional sidewalk along the street, based on existing topography grades and the potential for retaining walls, fill, etc. Staff will work with the developer to help with placement for the trail at the bottom of the slope. • Deane Solomon is recommended to be improved for the entire length of the property frontage. Twenty-eight feet, with curb/gutter, storm sewer, sidewalks and landscaping shall be required for that northern portion of • the property that encompasses both sides of the street. Fourteen feet from centerline with the same improvements shall be required for the remainder of the street frontage. Moore Lane will require 14 feet from centerline improvements including curb/gutter, storm drains, sidewalks and landscaping. • Improvement of the curve of Deane Solomon at the north end of the property ■ Truckers Lane will require 28 feet ofpavement, curb/gutter, storm drains, sidewalks and landscaping. • Shiloh Drive, Truckers Lane and Dean Solomon all shall be constructed to Collector street standards, with a 70' right-of-way (35' from centerline). • Private streets within a residential PZD shall be permitted for only a loop street, or street ending with a cul-de-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. • Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted in §166.06 Planned Zoning Districts (See attached). • Need to consider the impact to Hwy 112 adjacent to the project for staff to further review and recommend improvements along this stretch of highway. Stormwater: Detention is required. What is the proposal for detention/filtration to allow for no change in the quantity and quality of discharge into the wetlands? Interface between proposed development and natural wetland area: ■ Staff would like to see the actual delineated wetlands overlain on the submitted aerial/site plan, in order to see how the development edges were determined. The associated wetlands report is also requested. How were the developable areas carved out of the wetland area, specifically? Is there a "softer" alternative, to mitigate potential impacts to the adjacent wetland habitat? ■ A more detailed description of the interface between the proposed development and the wetland area is requested. Staff is concerned that the edge of typical development (board fence, etc.) would create a harsh edge and limit wildlife mobility for this particular site. Please provide some potential solutions or information as to the treatment of this.important edge condition. Specific, detailed description shall be required to ensure the requirement of harmony and compatibility with adjacent properties and land use is met. Commercial areas will require buffering and screening from adjacent residential properties. The interface between the commercial area and the wetland area shall also be investigated, and a proposal for how they integrate or are distinctly separate should be part of the PZD application. ■ The off-street parking andloading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. ■ All PZD developments shall comply with the UDC requirements of Chapter 167.Tree Preservation and Protection. ■ All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14. The Planning Commission shall have the right, to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. ■ The proposed pedestrian trail connections need to be more completely investigated and shown, to ensure pedestrian and bicyclist connectivity from residential areas to surrounding land uses. ■ A detailed site analysis plan and report, required with the PZD application, is requested for staff to better understand some of the design intent, as mentioned in previous comments. Hopefully many of the design decisions were driven by the numerous natural amenities this site has to offer. ■ Overall compliance with the intent and purpose of the PZD, as set forth by §161.25 Planned Zoning Districts, and the development standards, conditions and review guidelines as noted in §166.06: 0 Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the.PZD maybe deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surroundingthe PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation. areas and other common facilities that would not otherwise be. required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (1 p) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (B) Rezoning. Property .may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and a 40 specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption ofa specific master development plan and development standards. Sec.166.06 Planned Zoning District (1) Generally. The Planning Commission shall consider a proposed PZD in light of .the purpose and intent as set forth in Chapter 161 Zoning, Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning. shall involve a consideration •of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. Staff would like another opportunity to review the proposed PZD before submitted, once some of the issues presented here have been addressed. Please feel free to call or meet with us to go over these comments, and others that may arise in the site development process. Sincerely, C er yC.Yate ociate Planner Attch: UDC Section 166.06 cc: Tim Conklin, Director of Community Planning & Engineering Services Dawn Warrick, Zoning & Development Coordinator Matt Casey, Staff Engineer Craig Camagey, Landscape Administrator JNi►i[rtvivLIIII f :1 I i reivi►LSISI i FAYETTELE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman V' City Clerk Division Date: October 27, 2003 Re: Ord. No. 4523 Attached is an executed copy of the above ordinance, approved by the City Council on October 21, 2003, approving C-PZD 03-800 containing 289.28 acres and establishing a Commercial Planned Zoning District, known as Springwoods. This ordinance and attachments will be recorded in the city clerk's office and microfilmed. The ordinance will also be filed at the courthouse. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor RECr".. r m NOV 1 2 2nua CITY OF ^ CITY`/�1 L C(()C AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, ^ that advertisement of: 0 d� nn nlJJ `1523 was inserted in the regular editions on N. fi, 2oo3 Po# r1 ** Publication Charge: $ V i!. " Subscribed and sworn to before me this day of Ve I er , 2003. o � Notary Public My Commission Expires: 07/25&013 ** Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN -MICHAEL ARGO Notary Public -Arkansas I. WASHINGTON COUNTY My Commission Expires 07-25-2013 y 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVIIIF, ARKANSAS 72702 • (501) 442-1700 . S • 1, RECEIVEr NOV 12 2003 CITY OF FAYETTEV,: t.E CRY CLERK'S CFF;CE ORDINANCE NO. 4523 ORDINANCE ESTABLISHING A COMMERCIAL PLANNED O SPRNGWOODS( LOCATED SOUTH OF HWY. 112 AND WESTOF � CONTAINING 289.2N ACRES, MORE OR LESS: AMENDING 01� THE OF ADOPTING ZONING MAP OFSHETEOF MMEYCLE, AND OPASSOCIATED CO IAL City DEVELOPMENT PROJECT AS APPROVED BY THEM PLANNING COMMISSION ' BE R ORDAINED BY THE CITY COUNCIL Of THE CITY Of FAY�L ,changed A nsnan Section 1. That the zlMa das9kalpn of the follo`Mn9 descr4led property Fran I-1. Heald Com1TleSW' IndusaiN to C-PZD 03-08.00 as •shown in Extubit'Aoltachod hereto and made a pert hereof. Section 2. That the flange In zor*19 classification is based upon the approved master dOVOIOPm1t roved by pt and deveIOpmp\t standards as shown en the. pWNh^ary plat for sprigwoods ari plgryilny Commission on October 13, 2003. AfpL Car*w 3. That Me ordrence shat rot take affect end be In hA force une epprO of the 1N at SeetiOn 4. That all cadnbes of eppraei of the srbdMsbf as approved by W'.. •S shell be satisfied prior to the issuance of a final plat. - Section 5. That the offltiel zcrrn9 map of the CM of Fayeterde AMen5as, is W amended to re hem the zoning flange provided in Section 1 above. - PASSED and APPROVED the the 21st day of October. 20D3. APPROVED: By DAN COODY, MSYOr - , ATTEST: SONDM SMITH. E%HIBIT *A' CD03 A PART OF iON 33. DESCRISEDSECTB BEGINNING AT HIP 7 THEFW CORNERQF SAID S CTlON` 33RTHENCE St 87°1g•24•E/ST.2637A0 FEET TO THE NE CORNER OF THEME _ OF P BMW -VJSST SAID C 33; THENCE SOUTH 67°1458• EAST -24750 FEET; THENCE S0UTHR� 7• WAY L030 6 _ ... .... e7eI7,ne' FAST -1100.15 FEET TO +.__.-. _ -.- .... 'L wic n4F. OLLC IAY 71 BYPASS: InGVw ��+"� •n" — 'FEI DIGS AND DISTANCES, SOUTH 26°01'09• WEST - 17.7d!1444FEI - 100.11 FEET; THENCE SOUTH 7755°15,002- WW EST- - 1117.34 FE Ft - 127.62 FEET THENCE SOUTH - 190.36 FEET; THENCE SOUTH 16°2453• WEST - 126.58'T - 188,26 FEET; THENCE SOUTH 16°36'56' EAST -• 57:67w -FE 100.11 FEET; THENCE SOUTH 5°I9'10' EAST - 280.77 FEET I FEED THENCE SOUTH 27°10'09' -WEST 171.37 FEET; TH 2 FEET; THENCE SOUTH 38'2759 WEST - 150.76 FEET: THE D FEET THENCE LEAVING THE WEST RIGHT OF WAY OF I •53 WEST - 631.86 FEET: THENCE SOUTH 2°2544' WEST 1R• WEST - 680.00 FEET THENCE NORTH 2°25'44: EAST nmm. l • ceST - f.& tOJ ccaa3 12/29/2005 15:49 IFAX fayettevilleefec.net • STEVE BROOKS (&001/007 �.-.:.ry u,nm��I.eenaaoB PM 603 ttd brbensal p,apued by. StavaL ateelu. Sq. Fddsy. nd,c .Lank. ui 3425 Nor b Ferdl Drift £ tire 103 Faynsty U. Adwhu 72703 GRANUDS AFFIDAVIT. I e,niy a&r,rrrky efafae randy dut 0e Iaplye,ataYamomt otdownuno rsmngs Iaubtm pmocd m dli, insnasn. Haynes Audubm Cbnkabk Trvsr SirsurF • • It Ceara Hams. Co- cc Grume or CmaNY idea. rd cqm4 sdd ..to In anet,oa should be naiad: IkyW AMam Chtdnbit 7Lt( rl,lw Ha,ra Co -That $SF Neraebanl Reim, AR 727SA WARRANTY DEED (Limited Liability Company) KNOW ALL MEN BY THESE PRESENTS: That Legacy Project, LLC, an Arkansas limited liability company ("Grantor"), es a result of its desire to protect and preserve the real property heremafter described as a natural habitat for wildlife, plant communities, water quality in Fayetteville, Arkansas, and the natural and aesthetic value thereof, and in exchange for the mutual covenants and restrictions hereinafter set forth, does hl,-reby gift, grant, bargain, sell and convey unto H. COLLINS HAYNES, JAMES VON GREMP, and FRITZ S. STEIGER, Co -Trustees of the Haynes Audubon Charitable Trust ("Grantee"), and unto its successors and assigns forever, the lands lying in Washington County, Arkansas, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, including any easements, and subject to the restrictive covenants, as described on Exhibit "B", attached hereto and incorporated herein by reference (the "Property"). TO HAVE AND TO HOLD the Property unto the said Grantee, and unto its successors and assigns forever, with all tenements, appurtenances and hereditaments thereunto be1ongikg. The covenants as agreed to herein, and the terms, conditions, restrictions, purposes as imposed herein shall be binding upon Grantee and Grantee's successors and assigns, and all other successors in interest to it, and shall run with touch and concern and be binding upon the lands described herein in perpetuity. Grantor hereby further covenants with the Grantee, its successors and assigns, that they will forever warrant and defend the title to said lands against all claims whatsoever except easements and restrictions of record. C•1f)Of4Nb-IWrdu.00MS ftTewS,n ton of Wpnpryfad An tepry hnjev m 14 AI vkr ckorkat 7hs.bc 12/28/2005 15:49 IFAX fayetteville@fec.net + STEVE BROOKS 1002/007 WITNESS our hands this 30th day of December, 2005. GRANTOR: LEGACY PROJECT, LLC By: By: C DOCWE-ICI WC4.s-hT.R'st wr.tw.nwr ereD ,L . pr$ I u nwMMsbcscrm—tn d. 2 12/29/2005 15:48 IFAX fayettevi11e@fec.net + STEVE BROOKS Im003/007 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss: COUNTY OF WASHINGTON ) On this 30th day of December, 2005, before me the undersigned Notary Public, personally appeared Collins Haynes known personally to me to be a Member of Legacy Project, L].C, and acknowledged that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I have hereunto set my hand and official seal. Notary Public My om ' si bExpi :I / i OFFiCv1L9EAl SARA HARTWICK WASfIINGTCN CCUNIY NOTARY PUBLIC - Al CARv9AS WCOMMIS&af E(R APL 2015 ACKNOWLEDGMENT STATE OF ARKANSAS )ss: COUNTY OF WASHINGTON ) On this 30th day of December, 2005, before me the undersigned Notary Public., personally appeared Hunter Haynes known personally to me to be a Member of Legacy Project, LLC, and acknowledged that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained_ IN WITNESS WHEREOF I have hereunto set my hand and official seal. I ii ' OFFICIAL SEAL SARA HARTWICK WASHINGTON COUNTY NOTARY PUBIJC - AF40JL4i47` MYCOMMISSIONE7_. APRIL&•MS C IDOCLME-I eWi# ACALttW.Im E,dc an of W,voly bad Am l.,W9rM.n a ac. c. AM l%WW W T xAK 3 12/29/2005 15:48 IFAX fayettevllleOfec.net + STEVE BROOKS Q 004/007 Ine33, p d NW% and In a part of NEXandInapartoftheSW%ofSection Township Range 30 West in FayFa$de1IIe. Washingi on County, Arkansas, more PprecSly da:att,ed as fatlows: Starting at the Comer of the NW S4 of the NW % of Sactioo lhet a South 87 degrees 18 minutes 53 secon Eeet, 1285.03 feet to the true POINT OF BEGINNING; thence along the North line of Section 33, South 87 degrees 16 minutes 53 seconds EastI53t42 feet thence South 00 degrees 04 minutes 21 secoo�s West, 997.522 feet thence North 88 degrees 59 minutes 59 swoon a East 1128.39 feat thence South 02 degrees 27 mhnetes 35 secon�s West, 310.73 feet to the point of Move of a non tangent CUM to 8w tali withh a radius of 176.110 test. an she length of 132.56leek and a chord of South 85 degrees 45 mimtee 19 seconds Wag 129.41 feet thence South 64 degrees 03 minutes 19 seconds West 896.30 feet thence South 22 degrees 26 minutes 20 seconds East 54.13 feet thence South 08 degrees 52 nQurtes 35 seconds East 95.38 feat theta South 06 degrees 46 minutes 27 seconds Fist 95.47 feet thence North 88 degrees 05 minutes 58 seconds East, 192.03 feat thence South 74 degraes 33 ratautes 81 seconds East, 43.11 feet thence SouBi 87 degrees 03 minutes 33 seconds East 298.13 feet thence North 15 degmes42 minuses 51 seconds East, 25&83 feet thence North 24 degrees 27 minutes 58 seconds West 97.91 feet thence South 84 degrees 44 minutes 45 seconds Ewe, 69.43 feet thence South 02 degrees 27 minutes 35 seconds West 82.00 feet thence South 87 degrees 17 minutes 25 seconds East, 1100.10 feet thence state the right-c&M of Shiloh Drive the foIlewi g courses South 26 degrees 55 minutes $4 seconds West, 74,29 feet thence South 75 degrees 06 minutes 38 seconds West 100.12 feet thence South 75 degrees 13 minutes 57 seconds West 117.68 feet thence South 66 dogmas 52 minutes 02 seconds Weak 127.43 feet thence South 50 degrees 15 minutes 52 seconds Week 191.30 feet thence South 31 degrees 34 minute 42 ,We* 190,35 feet thence South 16 degrees 25 minutes 41 seconds West, 12035 feet thence South 04 degrees 16 minutes 55 seconds West 18&51 feet thence South 16 degrees 38 minutes 65 seconds Pest 67.67 Test thence South 13 degrees 08 minutes 52 seconds East. 100.02 feet thence South 05 degrees 16 minutes D9 seconds East 280.77 feet thence Waving said right-of-way, South 83 degrees 00 minutes 58 seconds West 462.115 feet thence e of alalong a Msve tothe left having a radius of 890.00 feet an am length of 347.94 feet and aenc degrees 49 minutes 00 second. West, 345.73 feat thence along a reverse curve to the right having a radius of 1467.72 feet an arc length of 908.40 feat, and a chord of South 78 degrees 20 minutes 51 seconds Weet 893.97 feet thence along a reverse curve to the lilt having a muds of 61.00 feet, on arc length of 109.97 feet and a chord of South 49 degrees 03 minutes 24 seconds West, 9&04 feet thence Si r degrees 02 minutes 07 seconds Week 81825 fee fet thence along degrees 13 minutes 38 seconds Wesf,137&78 feet right-of-way of Deans Soloman Rand the following awraes: along a non tangent awe to the right with a radhm of 13778.80 feet, an arc length 0t46.33 feet and a chord of North 02 degrees 44 minutes 02 seconds East 48.33 feet thence North 02 degrees 49 minutes 49 seconds East, 359.82 feet thence leaving said right-of-way, South 87 degrees 31 minutes 15 seconds East 373.44 feet thence South 71 degrees 02 minutes 24 seconds East, 135.10 feet 12/28/2005 15:50 IFAX fayetteville@fec.net + STEVE BROOKS l 005/007 thence North 15 degrees 42 minutes 31 seconds East, 102.87 feet to the point of curve eta non tangent curve to the right with a radius of 85.00 feet an .it length of 38.71 feet, and a chard of North 50 degrees 01 minutes 38 seconds West, 38.42 feet thence North 37 degrees 39 nnloutes 21 seconds West, 283.13 feet 10 the point of curve of an a tangent curve to ihs fight WYh a rod'Us of 483.64 feet, visit length of 110,71 feet, and a chord of North 49 degrees 42 minutes 42 seconds East 118.41 met thence South 34 dogmas 49 minutes 09 seconds East 254.99 feet thence South 59 degrees 33 minutes 32 seconds East, 498.92 feet thence South 41 degrees 55 minutes 21 seconds East, 90.63 feet thence South 87 degrees 43 minutes 21 seconds East, 20&32 feet thence North 02 degrees 16 minutes 39 seconds East, 1100.29 feet thence North 84 degrees 43 minutes 03 seconds West, 637.74 feet thence South 65 degrees 02 minutes 39 seconds West 236,31 feet to the point of curve of a non tangent curve to the kn1% welt a radius of 320.00 fast, an are length of 285.23 feet and a chord of North 63 degrees 46 mInutes 36 seconds West 257.70 fast: thence North 87 degrees 31 minutes 16 seconds West 115.97 feet thence North 50 degrees 34 minutes 09 seconds West, 13.31 feet thence North 87 degrees 31 minutes 15 seconds West, 52,29 feet thence along the right -of -Way of Deane Soloman Road the following cours: North 02 degrees 37 minutes 29 seconds East, 325.81 feet thence along a nave to the left having a radius of 2542026 test, an am length of 75,10 feet and a chord of North 02 degrees 32 minutes 24 seconds East, 75.10 feet thence North 02 degrees 27 minutes 19 seconds East 62.47 feet thence leaving said right-of-way, South 87 degrees 31 minutes 24 seconds East, 61.18 feet thence North 55 dogmas 19 minutes 59 seconds East, 12.82 feet thence South 88 degrees 51 minutes 44 seconds East, 25.57 feet; thence along a curve to the left having a radius of 212.00 feet an arc length of 242.59 feat and a chord of North 58 degrees 21 minutes 24 seconds East, 229.67 feet thence North 26 degrees 34 minutes 32 seconds East, 93.92 feet thence along a curve to the right having a iadka of 125.00 feet en arc length o:` 104.82 feet, and a chord of North 49 degrees 33 minutes 09 Seconds Fat 101.59 feat thence North 73 degrees 31 minutes 46 seconds East, 25.66 feet thence along a curve to the left having a radius of 526.00 feet, an am length 01 32335 feet, and a chord of North 66 degrees 51 minutes 48 Seconds East 318.64 feet thence South 87 degrees 19 minutes 24 seconds East, 204.51 feat thence North 32 degrees 22 minutes 04 seconds East, 46.68 feet thence along salve to the left having a radius of 300.00 feet an am length of 118.67 feet, and a chord of North 21 degrees 13 minutes 37 seconds East, 115,93 feet thence North 10 degrees 05 minutes 10 Seconds East 32.10 feet thence along a curve to the left having a radius of 1400.00 feet an am length of 442.64 feet, and a chord of North 01 degrees 01 mtnuWa 49 seconds East, 440.70 feet thence North 08 degrees 01 minutes 31 seconds West 135.38 best thence along a curve to the right having a radha of 500.00 feet, an am length of 213.94 feet, ends chord of North 04 degrees 13 minutes 56 seconds East, 212.32 feat thence North 16 degrees 29 minutes 27 seconds East, 41.88 feet thence along a curve to the left having a radius 01400.00 Test an em length of 228.31 feet and a chord of North 00 degrees 05 minutes 22 seconds East 226.22 feet to the true POINT OF BEGINNING containing 116.670 acres more crises AND a partof the SW 34 of the NW Y4 of Season 33, Township 17 North, Range 30 Wast I n F.yettsvflle, Washington County, Arkansan, mare precisely described we follows: Starting at the NW Comer of the NW %of the NW Y of Section 33; thence South 02 degrees 28 minutes 20 seconds West 1402,39 feet to the true POINT OF BEGINNING; 12/28/2005 15:50 IFAX fayettevilleOfec.net + STEVE BROOKS IM 008/007 thence South 87 degrees 32 minutes 04 seconds East, 295.14 feet thence along the right-of-way of Deane Soloman Road, South 02 degrees 27 minutes 19 seconds Walt, 66.55 feet; thence North 87 degrees 31 minutes 24 seconds West, 295.16 feet, thence North 02 degrees 28 minutes 28 seconds East, 66.49 feet to the Mae POINT OF BEGINNING containing 0.444 acres mom or less AND a pert of the SW Xof the NW'/. of Section 33, Township 17 North, Range 301Naet in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting at the NW Comer of the NW Y. of the NW %of Section 33; thence South 02 degrees 28 minutes 28 seconds West 1517.88 feet to the true POINT OF BEGINNING; thence South 87 degrees 31 minutes 24 seconds East 295.18 feet thence along the rightof-way of Deane Soloman Road the following courses: South 02 degrees 27 minutes 19 seconds West, 272.35 feet thence along a curve to the right having a radius of 25350.26 feet, an am length of 27.07 fast, and a chord of South 02 degrees 29 minutes 09 seconds West 27.07 feet thence leaving said right-of-way, North 87 degrees 17 minutes 27 seconds West, 295.26 feet thence North 02 degrees 28 minutes 28 seconds East, 29822 feet to the true POINT OF BEGINNING containing 2.025 acres more or lass AND a part of the SW %of the NW X and a part of Me NW % of the SW X of Section 33, Township 17 North, Range 30 Westin Fayelavile, Washington County, Arkansas, more precisely deserted as follows: Starting at the NVV Corner of the NW X of the NW % of Section 83; thence South 02 degrees 28 minutes 26 seconds west, 1815.10 feet thence South 02 degrees 30 minutes 44 seconds West, 439.76 feet thence South 87 degrees 19 minutes 30 seconds East, 384.45 feet to the true POINT OF BEGINNING; thence South 87 degrees 31 minutes 15 accords East 62.46 rest thence North 66 degrees 31 minutes 38 seconds East 13.31 feet thence South 67 degrees 31 minutes 16 seconds East 115.97 feet thence along a curve to the right having a radius of 270.00 feet, an arc kingth of 210.22 feet end a chord of South 65 degrees 12 minutes 58 Seconds East 204.95 j thence South 65 degrees 02 minutes 39 seconds West, 203,21 feet; thence South 24 degrees 56 minutes 48 seconds East 405.05 feet to the point of curve of a non tangent curve to the lett with a radius of 633.54 foot an am length of 121,18 feet and a chord of South 61 degrees 04 minutes 28 seconds West 120.90 feet thence North 36 degrees 55 minutes 38 seconds West, 448.72 feet thence along the right-0favay of Deane Soloman Road, North 02 degrees 37 minutes 29 seconds East 258.20 feet to the true POINT OF BEGINNING containing 2.937 scree more or less, o eatkvg a total area of 121.976 acres more or less and being sut4eot to the rights -of -way of Shiloh Drive and Deane Soloman Road and any easements of record. 12/29/2005 15:50 IFAX fayetteville@fec.net + STEVE BROOKS ® 00T/00T EXHIBIT B RESTRICTIVE COVENANTS AND DEED OF CONVEYANCE FROM LEGACY PROJECT, LLC TO HAYNES AUDUBON CHARITABLE TRUST Grantee agrees that by acceptance of this conveyance that it is the mutual intent of the Grantor and Grantee to preserve and maintain the scenic, natural and aesthetic value of the Property in its present natural state, and to protect the natural habitat of plants and animals, in particular, habitats for rare or threatened species of plants and animals; and therefore, Grantee shall not use or develop the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its scenic and natural condition, or with a "conservation purpose" as defined in Section 170(h) of the Internal Revenue Code of 1986, as amended (the "Code"). Furthermore, any subsequent transfer or assignment of the Property by Grantee shall be restricted to only organizations that are "qualified organizations" as defined in Section 170(h) of the Code, as may be amended from time to time. C DOCUW"W1kWiOC .3.ITnfIde w" aw.nwy Duh& u " Ka lMw nlrMnue/rc 5 i ill 3/2006J Sondra Smith - Fwd: Springwoods conveyance of 120 acres b deed Page 1 From: Tim Conklin To: Williams, Kit Date: 11/9/2006 4:55 PM Subject: Fwd: Springwoods conveyance of 120 acres by deed Attachments: Springwoods conveyance of 120 acres by deed; Legacy Project LLC Springwoods .pdf; Warranty Deed Legacy to Haynes Audubon Charitable Trust_1.pdf CC: Dumas, Gary; Goddard, Jill; Pate, Jeremy; Smith, Sondra FYI -- See attached e-mail and PDPs. Thanks. Sondra - Can you file this with the sale contract. Thanks. Tim Conklin, AICP Director of Planning and Development Management City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Phone: 479-575-8267 Fax: 479-575-8202 planning@ci.fayetteville.ar.us 1(11/13/2006) Sondra Smith - Springwoods conveyance of 120 acres by deed Page 1 From: "Sara Hartwick" <sara@hayneslimited.com> To: "Tim Conklin' (E-mail)" <tconklin@ci.fayetteville.ar.us> Date: 11 /9/2006 4:00 PM Subject: Springwoods conveyance of 120 acres by deed Attachments: Warranty Deed Legacy to Haynes Audubon Charitable Trust.pdf Tim, Please find the attached to be the Warranty Deed for the 120 acres If you need anything further, please do not hesitate to call. Sara Hartwick 599 Horsebarn Road/Suite 100 Rogers, AR 72758 T 479.464.8622 F 464.8633 www.hayneslimited.com <<Warranty Deed Legacy to Haynes Audubon Charitable Trust.pdf>> FAYETTEVILLE THE CITY OF PAVETTEVILLL ARKANSAS KIT WILLIAMS, crry ATTORNEY DAVID WHrrAxER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor Gary Dumas, Director of Operations ✓Tim Conklin, Planning & Development Management Director FROM: Kit Williams, City Attorney q DATE: November 6, 2006 RE: Legacy Project LLC for I-540 Business Park Pursuant to Resolution 68-03 of May 6, 2003, Mayor Coody signed a Real Estate Purchase and Sale Contract with Legacy Project LLC for the I-540 Business Park site. This agreement provided for $5.2 million to the city, plus an agreement to convey about 100 acres to a non-profit for preservation purposes. After the PZD for Springwoods was approved on October 21, 2003, the closing date was set. The closing occurred on December 12, 2003, and the City received a check for $5,177,115.00 and an Agreement To Convey and Deed Property. In this agreement, Mr. Collins Haynes for Legacy Project, LLC agreed "to convey and deed. the acreage identified on Exhibit A attached hereto and incorporated herein by this reference to National Audubon Society within twenty-four months from the date of this Agreement." That 24 month period ended on December 11, 2005. I assume Mr. Haynes may have, in fact, deeded the approximately 120 acres as described in the agreement :to National Audubon Society. His good faith is evident by his agreement to deed about 20% more than required under the Real Estate Purchase and Sale Contract.. The City should; however, confirm this conveyance has occurred and request a copy of the file -marked deed for our records. RESOLUTION NO. 68-03 A RESOLUTION TO APPROVE THE REAL ESTATE PURCHASE AND SALE CONTRACT WHEREIN LEGACY PROJECT LLC PURCHASES THE 289 ACRE 1-540 BUSINESS PARK. SITE FROM THE CITY OF FAYETTEVILLE FOR 5.2 MILLION DOLLARS AND OTHER CONSIDERATION WHEREAS, Mayor Dan Coody has negotiated the sale of 1-540 Business Park site to Legacy Project LLC for 5.2 million dollars and Legacy Project's commitment to preserve and protect 100 acres of wetland or near wetlands until it conveys this 100 acres to an environmental conservation non-profit organization; and WHEREAS, the City of Fayetteville is empowered by A.C.A. § 14-54-302 with the authority to buy, sell and convey real estate and the City Council can authorize the Mayor to execute such contract to sell municipally owned real estate. 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 Real Estate Purchase And Sale Contract Between Legacy Project, LLC And The City Of Fayetteville (attached as Exhibit A) in which the City sells its 289 acre 1-540 Business Park acreage to Legacy Project LLC for $5.2 million plus Legacy Project LLC's agreement to convey 100 acres of this property which is wetland or near wetland to an environmental conservation non-profit organization. Section 2. That the City Council of the City of Fayetteville. Arkansas repeals or amends any Resolution that is in conflict with this Resolution or the terms of the Contract. attached as Exhibit A. PASSED and APPROVED this the 6"' day of May, 2003 < .(,t t ( r ' Faj APPROVED• , r 't:' .`� By: F a D N COODY, ayor \a\AITFE By: Sondra Smith, City Clerk a. The Purchase Price (Five Million Two Hundred Thousand Dollars), in cash, subject to any proration or other adjustments contained in this Contract. Legacy Project will receive credit for the.S10,000.00 Earnest Money previously paid. b. An agreement to convey and deed one hundred (100) acres, more or less, of the Property identified by Legacy Project to an environmental conservation non-profit organization acceptable to and determined by Legacy Project -based upon a selection process submitted with the development plans acceptable to Cityof Fayetteville, which acreage shall not be any part of the net usable acreage unless otherwise voluntarily approved by Legacy Project in its sole discretion. The conveyance shall be made within twcnty-four (24) months after Closing and the conservation land shall be preserved and protected by Legacy Project until final conveyance. c. Such evidence or documents as may -reasonably be required by City of Fayetteville or the Title Company evidencing the status and capacity of Legacy Project and City of Fayetteville, and the authority of the person or persons who arc executing the various documents on behalf of Legacy Project and City of Fayetteville in connection with the purchase and sale of the Property. 15. Prorations and Costs. Ad valorem taxes for the then current year shall be prorated at the Closing effective as of the Closing Date. If the Closing shall occur before the tax rate is fixed for the then current year, the proration of taxes shall be based upon taxes for the prior year and adjusted for the year ofclosingwhen they become finallydetetmined with such.settlement to be made within ten (10) days after the date taxes are finally determined. CityofFayetteville shall be responsible for any and all taxes related to the Property for years prior to Closing due to a change in land usage or ownership. City of Fayetteville and Legacy Project shall. jointly be responsible for any and all transfer taxes, conveyance taxes (including, but not limited to, documentary stamp taxes) and/or recording fees payable on account of transfer of title to the Property to Legacy Project. Additionally, City of Fayetteville shall be responsible for any and all "rollback" taxes arising from the Property's use prior to Closing. 16. Reservation of Public Streets, Rieht-of-Ways. Utility Easements and Temporary Construction Easements. A new waste water treatment facility project is currently in the preliminary stages of design and construction. for the City.of Fayetteville. As pan of that project, many new waste water collection systems will be installed around the city and a large gravity main is planned for the north side of Clabber Creek across this property from Eastto West. It is therefore understood that, as part of this conveyance, Legacy Project will convey to the City of Fayetteville, at. no cost to the city and on forms to be provided by the City of Fayetteville or their designee, a permanent Water/Sewer Easement of40 foot width parallel to and south of the planned extension of Truckers Drive and any alignment adjustments as mutually agreed and a Temporary Construction Easement of 150 foot width south of the permanent easement, along with the right of ingress and egress across the property to facilitate construction. The Temporary Construction Easement shall terminate upon completion of the initial construction of the sewer main. The City of Fayetteville agrees to maintain a periodic consultation with Legacy Project as to the desirable and necessary design location of this proposed sewer main sewer line. Existing public streets, rights -of -way and casements shall remain public and be available for public use. 7 ORDINANCE NO. 4523 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT Tf1'LED SPRING WOODS (C -WD 03-08.00) LOCATED SOUTH OF HWY. 112 AND WEST OF I-540, CONTAINING 289.28 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE, AND ADOPTING THE ASSOCIATED %COMMERCIAL DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS, Section 1. That the:zone classification of the following described property is hereby changed as follows: From 1-1, Heavy Commercial/Light Industrial to C-PZD 03-08.00 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminary plat for springwoods and approved by the Planning Commission on October 13, 2003. Section). That this ordinance shall not take affect and be in fall force until approval of the final plat for the subdivision. Section 4. - That all conditions of approval of the subdivision as approved by the Planning Commission shall be satisfied prior to the issuance of a final plat. Section . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this the 21n day of October, 2003. rEl . :� �� �� APPROVED• . . , .t at �Y. By: ,. ft j, •",l DAN CO DY,M r SONDRA SMITH, City Clerk r_w Faoordt100 Paoat 10:00:61 An Faa Alt: 111.3.00 A* 1 01 2 4aahInaton county. M setts Stuns Groh Clark F1102003-00064823 lCto. tot- 03 • • AGREEMENT TO COMVEY AND DEED PROPERTY This Agreement. to Convey and Deed Property (the "Agreement").is entered into and executed this 121° day of December, 2003 by and between the City of Fayetteville, Washington County, Arkansas, (the "City of Fayetteville") and Legacy Project, LLC, an Arkansas limited liability company ("Legacy Project"). WHEREAS, the parties have entered into and executed a certain Real Estate Purchase and Sale Contract dated the 23r° day of April, 2003 (the "Contract"); and WHEREAS, Section 14b. of the Contract requires Legacy Project to deliver to the City of Fayetteville an agreement to convey and deed one hundred acres, more or less, of the Property (as defined in the Contract) to an environmental conservation non-profit organization acceptable to and determined by Legacy Project based upon a selection process submitted with the development plans acceptable to the City of Fayetteville. NOW THEREFORE, for the purpose of complying with Section 14b. of the Agreement, Legacy Project hereby agrees to convey and deed the acerage identified on Exhibit A attached hereto and incorporated.herein by this reference to National Audubon Society within twenty four (24) months from the date of this Agreement. Legacy Project, LLC By: Island Developptent,,)-LC, Authorized Member Member ACCEPTED this 12* day of December, 2003. City Mayor