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HomeMy WebLinkAbout1999-04-05 - Minutes• • MONDAY, APRIL 5, 1999 REGULAR PRAB MEETING NAME .(please_ Print) GROUP REPRESENTING al EAR -10fi %ri? levo (fishuo 7 r,qR po al �-Qk( ocy —or,% i vos, or.,,,,l n 0-0e_ c....)\ SnL✓�SI)/p e6h ZO•C4\arn C-91 ceil ii; ryn frlitueirn .7a„,es P lila ,r31Z[,JOA+ ?Son LA 4' 1. Cr—e—,'-r-:0-4 80-ae.,/ 1. ( • ctile-Cit pt t01451 -1 -e -).- Via. d -01, fal M • nornARn IJeBri Pk 'lip vm1se-. PAG" -t -Pt (luiNe-4 ka TO: Parks and S Recreation Advisory Board • FROM: ConnieEdmonston, Parks 81 Recreation Superintendent DATE: March 26, 1999 RE: PRAB Meeting Monday, April 5, 1999 4:30 p.m. meet at City Hall Room 326 AGENDA 1. Approval of PRAB March 1, 1999 meeting minutes. Approval of PRAB Park Tour March 10, 1999 meeting minutes. 2. Alett Little, City Planner: (4:30 p.m.) Alett Little will provide information and answer questions concerning the planning office procedures for new subdivisions and large scale developments. 3. American Legion: Rick Guyton 4. Park Video: This week's video series will feature Root, Bates, Clarence Craft, Lake Wilson, and Routh Parks. (Video will be shown if time permits.) • 5. BMX Public Meeting: (5:30 p.m.) The BMX Public Meeting will be held to gather public input on locating the BMX track at Walker Park North site. (See attached map.) Lake Fayetteville North will not be the focus of this public meeting. We have visited with soccer representatives from the recreational, competitive, and school leagues about the need for future fields at Walker Park. All groups have expressed that the Lewis Complex will serve as the site for all future soccer field development. The ultimate frisbee group does use this site occasionally in addition to land in Industrial Park, but would be willing to find another location. Walker Park is zoned "public" and will not require a conditional use permit approved by the Planning Commission. Enclosed is a copy of a letter sent to the Planning Commission. • 6. PRAB 1998 Annual Report: Enclosed is a copy of the annual report which will be forwarded to City Council to meet the requirements of the City Ordinances. 7. Other Business: 8. Adjournment: Attachments: PRAB Meeting Minutes - March 1, 1999 PRAB Tour Meeting Minutes - March 10, 1999 BMX proposed park site 1998 Annual Report Planning Commission Letter CIP Update - (To be distributed at the PRAB meeting.) Green Space Monthly Report - (To be distributed at the PRAB meeting.) HMR Monthly Report - (To be distributed at the PRAB meeting.) • PRAB REGULAR MEETING APRIL 5, 1999 The meeting was called to order by Chairman Thiel at 4:30 p.m. in Room 219 of the City Administration Building. Members Present: Alexander, Charboneau, Colwell, Eads, Luttrell, Shoulders. Thiel Members Absent: Ackerman Stall' Present: Edmonston, Gulley, Nelson, Rogers, Schuldt Guests Present: Neva June Fafardo, Gabino Fafardo, Chas Cotton, Mary Cotton, Evan House, Joe Blankenship, J.T. Reinert, Josh Durham, Jimmy Russell, Josh Rogers, Jason Padilla, James Padilla, Brenda Padilla, David Rew, Carol Wolgamett, Jennifer Michaels, Ron Michaels, Mary Ann Westphal, Ed Piper, Beverly Charleton, Graeme Charleton, R.R. Sopelreni, Vance Arnold, Jane Piper, Jim Hawkins, Norman DeBriyn, Phillip Watson, Marian Kunetka, Marvin Light Media Present: Jill Rohrback, Morning News Mike Rodman, Northwest Arkansas Times Julie Tribble, KIX 104 1. Approval of PRAB March 1, 1999 meeting minutes Approval of PRAB Park Tour March 10, 1999 meeting minutes. MOTION: SHOULDERS/ALEXANDER The minutes from the February 1, 1999 Parks & Recreation Advisory Board regular meeting were approved as presented, 5-0-0. (Charboneau and Eads arrived at the meeting late) MOTION: COLWELL/SHOULDERS The minutes from the March 10, 1999 PRAB Park Tour were approved as presented, 5-0-0. (Charboneau and Eads arrived at the meeting late) Mr. Colwell introduced a group of scouts in attendance who were acquiring a citizenship and community merit badge. 2. Alett Little, City Planner: Aleft Little, Planning Director for the City of Fayetteville, discussed procedures for preliminary plats and large scale developments. The large scale developments includes a parks fee or park land dedication requirement. Ms. Little commended the Parks and Recreation Advisory Board for its work. A portion of the subdivision regulations were distributed. The city is empowered by the state in their legislative acts to regulate development. These development regulations are the body of laws or ordinances that have been adopted to enforce the state act. The state act empowers the city to regulate development for public health, safety. and general welfare. Parks is one part of that. §166.03 URBAN SUBDIVISION. Before the Planning Commission may grant final plat approval for an April 5, 1999 / Page 1 urban subdivision, the subdivider shall have installed, or shall at his expense or in accordance with the existing policy of the A. Monuments. B. Lot Stakes. C. Streets. D. Curbs and Gutters. E. Sidewalks. F. Storm Drainage System. G. Culverts and Bridges. H. Water Supply. Fire Hydrants. I. Sanitary Sewer System. J. Streetlights. K. Required Dedication of Land for Public Park Sites, or Lieu of Dedication of Land. (Greenspace Requirements.) PRAB Regular Meeting have a guarantee in lieu of installation, either City, the following improvements: a Reasonable Equivalent Contribution in The City of Fayetteville has regulated subdivision development since 1970. The Parks portion was adopted in 1981, and it is the only impact fee in the City of Fayetteville. Following a 1983 lawsuit, park quadrants were created. Park land dedications or park fees apply within the city limits of Fayetteville, and as a settlement of that court suit, we dedicate those park fees to quadrants. The fee is to take into account what the rough proportional effect of a development is, and to be roughly proportional. we have to spend that money in the quadrant in which it is collected. An impact fee is something that is assessed to development only to address the impact of that development until it comes on the tax roles. It is a short term fee. Ms. Little asked PRAB to pick a number for the minimum amount of a price of a lot in the City of Fayetteville. There are many requirements to develop an urban subdivision. There must be monuments, the lot must be staked, streets must be constructed to city standards to include curbs and gutters and sidewalks. There must be a storm drainage system which includes all culverts and bridges required for storm drainage. There must a be water supply and it must be adequate to support fire hydrants. There must be a sanitary sewer system and streetlights must be installed. There must also be park land or a fee for park land. All of these things must be accomplished prior to a subdivision being brought onto the rolls, a plat filed, and a lot being available for sale. The developer shall be required to make a reasonable dedication of land for public park facilities or to make a reasonable equivalent contribution in lieu of dedication of land. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. Ms. Little said after looking at land and talking to developers, the cheapest amount to acquire a lot in the city of Fayetteville is around $12,000. Addressing the question of why the Parks Board is seeing these subdivision plats before they have been to Planning Commission, Ms. Little said between $15,000 and $25,000 of engineering fees are put into the development of plats. The reason the decision was made to bring it before the Parks and Recreation Advisory Board before the Planning Commission is to give as much freedom as possible in choosing the park sites for the city of Fayetteville. Once a plat is drawn, once a lot appears on a piece of paper, it represents a dollar amount to the developer. For every piece of park land which has been taken, that is $12,000 to $75,000 out of their pocket because they have began to count how much they will get per lot. It is brought to Parks Board first so it can have as much freedom as it can and also to save the developer some money. If the developer had to spend $15,000 to $25,000 to draw it up and bring it to the Parks Board and it didn't take what land he offered, then all of that work would have to be redone. Ms. Little presented a preliminary plat and large scale development procedure [see attached sheet]. The applicant submits for preliminary plat or large scale development along with items from a checklist. Twenty- eight sets of plans are required which are given to all utilities and divisions. Residential projects go before April 5, 1999 / Page 2 City of Fayetteville PRELIMINARY PLAT AND LARGE SCALE DEVELOPMENT PROCEDURE Applicant submits for preliminary plat or LSD along with items from checklist • Planning Staff reviews application Site visit conducted \ 28 sets of plans to be submitted & 1 large, rendered elevation with an LSD Residential projects go to Parks & Recreation (PRAB) before proceeding Divisions: • Planning • Engineering Traffic • Water & Sewer • Solid Waste • Parks & Recreation • Fire Department • Public Lands. Sidewalk & Trails Landscape Administrator Recommendations prepared Revisions submitted In-house Plat Review t • /Technical Plat Review: Electric, Gas, Telephone, Cable Public notification Revisions submitted • Subdivision Committee: t (Large Scale Developments can be approved here) Planning Commission Meeting: (37 plans & 12 elevations to be submitted) /AppIcant may appeal to CityCouncil \\\ Council may sustain the ruling or refer op the plat back to Planning Commission App icant prepares final plans for Engineering approval • PRAB Regular Meeting the Parks and Recreation Advisory Board before proceeding. The plat proceeds specifically through four big meetings. Preliminary plats must go before the full Planning Commission. In-house plat review is where divisions prepare for the developer written comments which are given as a packet during technical plat review. About ten days later, a subdivision committee meets. This gives the developer time to revise plans based on the technical plat review. Representatives from the electric, gas, telephone, and cable companies are present at technical plat review to acquire necessary easements required to adequately serve the development. The subdivision committee is a body consisting of three planning commissioners as well as planning staff: The planning process alone is about a six week process, and it is important to get to the Parks and Recreation Advisory Board in a timely manner. Ms. Thiel said the concem stemmed from basing a decision on the amenities shown on a plat which could be changed because it was preliminary. Ms. Little recommended making approval contingent upon those items PRAB deems important if there is a doubt the plat may change during later processes. Mr. Alexander said a lot of times the land that is given is not conducive for park purposes, and he cited Pine Valley/Pine Crest as an example. Ms. Little said the fact that land is offered in no way places a burden upon PRAB to accept that land which is offered and referred to Greenspace Requirements for Major Development paragraph b.: The Parks and Recreation Advisory Board shall ensure that the neighborhood park meets these requirements: (1). The physical characteristics of the designated land are suitable for park purposes. (2). The proposed park areas and any included recreational facilities are sufficient to adequately serve the residents of the development/neighborhood. (3). Adequate sidewalks, trails, and/or bikeways shall provide access for all residents of the subdivision/neighborhood to the park, but no vehicle parking shall be required. • Questions were asked regarding infringing on park land. Ms. Little suggested these instances be referred to the City Attorney. 3. American Legion: Rick Guyton Rick Guyton has been coaching the American Legion team in Fayetteville for nine years. The program has been in Fayetteville for over forty years. At one time it was sponsored by Country Club Dairy and eventually Hiland Dairy took over sponsorship. More recently the program has been sponsored by Lindsey and Associates. The program is considered throughout the state of Arkansas as the standard of what American Legion baseball should be all about. The program is for 16, 17, and 18-year-olds and is the highest level of baseball competition in the Fayetteville area There are 55-75 games played per summer and many of its participants go on to play collegiate baseball and some in professional ranks. American Legion consists of two teams: AA and AAA teams. Eighty percent of the players come from Fayetteville High School. Mr. Guyton said the most limiting factor of the program is the facility. The uniqueness of the program is the fact that American Legion has owned the property and the field at which the Fayetteville team has been playing for many years. The resources within the American Legion are no longer such that the field can be supported or maintained the way it needs to be maintained. The Fayetteville team is now playing teams from Memphis, Dallas, Denver, Kansas City, St. Louis, Jefferson City, and Pine Bluff. Mr. Guyton said it is embarrassing to host these teams due to current field conditions. American Legion has expressed concerns that it is unsure if it can continue to hold the land any longer. In the past, some games were played at the University of Arkansas Charlie Baum stadium. Liability issues and prohibitive costs associated with using this stadium restrict its use primarily for special events for the American Legion program. April 5, 1999 / Page 4 • • • PRAB Regular Meeting Mr. Guyton envisions a new stadium and requested assistance in finding a new location for the American Legion baseball program. Existing lighting, fencing, and field turf could be moved from the current location to reduce construction costs. Mr. Guyton said he believed if a site was acquired, he felt community support could be generated to raise funds. Ms. Thiel inquired about ownership of baseball fields in surrounding areas. Mr. Guyton said those fields were funded through Parks and Recreation Departments, private funds, and block grants. They are shared facilities and not exclusively used for American Legion baseball although the program may be given scheduling priority. Ms. Edmonston said American Legion has maintained their current field. Parks personnel does mow the large area around the park. Progranuning for this age group is difficult, and Ms. Edmonston said Parks and Recreation provides programming for all age groups except this one. Up to this point American Legion has provided this progranmring for us, but they have come to an era in which they need better facilities. Since 1982, Lake Fayetteville Hobby Use Area on Highway 265 has been reserved for an athletic facility. The site needs usage. Mr. Alexander asked how much land was needed. Mr. Guyton estimated 8-10 acres would be needed to include parking facilities. The outfield dimensions would need to be approximately 400 feet to center field and approximately 320 feet down the lines. The playing field itself could probably be constructed on 4-5 acres. Mr. Colwell asked what would be done with the existing facility. Mr. Guyton said American Legion would sell the land because they needed the money and have encouraged the program to find another site for a new field. Ms. Thiel asked if money derived from the sale of the existing field go toward construction of a new field if the city provided the land. Mr. Guyton said when American Legion sponsors a team its usually in name only. Concession sales and sponsorships offset costs. Ms. Eads asked how many young people participate in the program during the summer. Mr. Guyton said there are approximately 36 participants. Ms. Edmonston said Babe Ruth could also utilize the field and there has been a push for a 13 -year-old league. Mr. Shoulders said youth baseball and soccer have a contractual agreement with the city where they provide a certain amount of maintenance and funds. He asked if American Legion anticipated a similar structure to help defray maintenance costs of the fields. Mr. Guyton said he hoped so. Coach DeBriyn said the total acreage for Charlie Baum Stadium is approximately 30 acres, and there was no question about the needs for American Legion baseball. Ms. Thiel recommended staff explore possible sites and evaluate the Lake Fayetteville Hobby Use area. Ms. Edmonston suggested the Program/PR Committee set up a sub -committee consisting of community members to evaluate this request. Land and usage agreements would need to be evaluated. 4. Pal Vid..o. Tl.:, rrcck', v;d.e ..;11 Lame Root, Batca, Clan,,scc C.afr, Lake W1LOLI. and R„atlr Parks The Park Video was not completed and will be presented at the May 3, 1999 regular Parks and Recreation April 5, 1999 / Page 5 PRAB Regular Meeting Advisory Board meeting. 5. BMX Public Meeting: Ms. Thief said comments regarding the Lake Fayetteville North site would not be heard. The discussion would strictly be regarding the Walker North location. Parks staff has visited with soccer representatives from the recreational, competitive, and school leagues about the need for future fields at Walker Park. All groups have expressed that the Lewis Complex will serve as the site for all future soccer field development. The ultimate frisbee group does use this site occasionally in addition to land in the Industrial Park, but would be willing to find another location. Walker Park is zoned "public" and will not require a conditional use permit approved by the Planning Commission. Construction of the BMX track would not result in any removal of trees. A map of the proposed location was distributed to the audience. Phillip Watson, Public Relations Officer for the Fayetteville Disc Association, said the organization has had difficulty finding field space for ultimate play. He said community field space for active sports was difficult to find, and the Fayetteville Disc Association has been utilizing this location for a number of years. Walker soccer fields configurations present problems and are inadequate for ultimate play. The Fayetteville Disc Association has a men's and a women's group and have been looking for two fields on which to play. Ultimate has been in Fayetteville for about seventeen years and has yet to acquire a permanent playing field. There are currently 60-70 active members ranging in age from 18-45. Ms. Thiel said efforts to find Ultimate a playing area were ongoing. She said ultimate participants were primarily young adults with cars. The site at Walker would be accessible to young people. Ms. Edmonston said there were apparently some misconceptions with Ultimate. She said it was her understanding that the land at Walker was not what they really wanted. Mr. Watson said the land was not ideal, but it could be with proper development. The Fayetteville Disc Association has been a very active group and good volunteers in the Adopt -A -Park program. Mr. Watson said the ideal playing field would be 40 x 120 yards. U of A fields are restricted to university students. Ultimate has been experiencing problems in the Industrial Park due to poor turf and field conditions. Mr. Alexander said he certainly did not want to run the Ultimate group off Ms. Edmonston said sharing soccer fields put too much wear on the turf, and the fields could not be properly maintained. One of the things to consider when looking at the usage for Walker Park, is how much usage the same fields can take. Ms. Edmonston said that was why the site was being considered for an alternative activity. Mr. Schuldt asked Mr. Watson to contact himself or David Wright, Program Coordinator, to arrange a meeting for initial discussion regarding needs of the Fayetteville Disc Association. Marian, Kunetka, an archaeologist with the Arkansas Archeological Survey and resident of South College Avenue, opposed the BMX track at Walker Park North. She said the park was beautiful and very active and many children utilize the open area in question. Ms. Kunetka supports Ultimate Frisbee using the area, and she said she felt developing a BMX track would be a bad use of the little remaining open area in the park. The open area is used by many people, and the BMX track would destroy that. Ms. Kunetka said that recent efforts to rejuvenate south Fayetteville are encouraging people to come into her neighborhood to use it, and she is against it because she already utilizes that space. A neighborhood council has met and has targeted Walker Park to attempt to obtain matching grant funds to pursue putting in a pool. Ms. Kunetka mentioned April 5, 1999 / Page 6 • • • PRAB Regular Meeting archeological studies and plans for trails. She said she did not know why the trails had not been constructed. Ms. Edmonston said trails were intended for the senior citizens complex. $225,000 has been appropriated from the Parks budget to aid in the construction of the senior citizens complex. Ms. Kunetka said she would prefer the area to remain a park and would like to go on record as being against the development of a BMX track at Walker Park North. Marvin Light, has been working with the Parks and Recreation Advisory Board for a couple of years in an attempt to get a BMX track constructed for the children who do not play baseball or soccer. Mr. Light said he was at a loss for words due to the opposition he's encountered. He expressed exasperation at the seemingly "me, me, me" attitudes. He said the kids were the future of Fayetteville, and they needed something to do. Mr. Light said he thought Ultimate Frisbee needed a place to play, and he was trying to keep the BMX track to the north to allow them room. Mr. Light briefly discussed BMX participation and frequency of track usage. The track size would be less than an acre. Ms. Thiel said this concept has been very positive in other communities. Mr. Shoulders asked Mr. Light to elaborate on concerns regarding noise generated from amplified systems. Mr. Light said a system would be used only to announce races, and a music speaker would be used instead of a horn speaker to control volume. Ms. Thiel said the area in question was within an active park, and the baseball facilities utilized announcement systems. The area was located in a neighborhood where young children who do not have a lot of means can get there. Ms. Kunetka asked who would fund this development. Ms. Thiel said BMX would fund the development and were only requesting to lease the area. Ms. Kunetka said Walker Park's legacy was to remain a park and by taking away open space would be taking away from the park. She said PRAB was ignoring the residents who live near Walker Park. Mr. Schuldt said the total acreage for Walker Park was 70 acres; Ms. Edmonston a third of the acreage was currently natural or open space. Jim St. Clair, a south Fayetteville resident, said he would like to see the BMX track constructed but suggested moving the development north out of the field area toward the creek area. Parks staff has evaluated this area and does not recommend it due to limitations of space and safety issues. Mr. St. Clair also said he would like to see the construction of a skateboard park. Mr. Colwell said he was very much in favor of this new sport which provides aerobic activity. He said he felt it would be highly used and noise would be minimal. Ms. Edmonton said this sport was not only for children; it provides an activity for older persons as well. Other cities with BMX tracks were surveyed, and the recreational departments were positive toward them. Mr. Alexander said doing the right thing for 70,000 plus people made decisions very difficult for the Parks and Recreation Advisory Board. PRAB members are volunteers who try to listen to the public and try to do the right thing. He said they don't always make the right decisions, but they certainly try. He encouraged feedback and public input. MOTION Mr. Colwell moved for staff to negotiate a usage agreement with Marvin Light and his Board of Directors for a BMX track at Walker Park North. Mr. Shoulders seconded the motion. April 5, 1999 / Page 7 • PRAB Regular Meeting Mr. Alexander inquired about the site previously chosen for Lake Fayetteville North. Ms. Edmonston said nothing has been signed. The City Attorney has been working on a usage agreement with BMX to define relationships. Due to zoning, a conditional use request was obtained through the Planning Commission. Ms. Rogers said Marvin Light received conditional use approval through the Planning Commission, so he would have to withdraw through the Planning Commission at this point if he chose to go with the Walker Park North site. City staff will determine whether the usage agreement will need to go before City Council. Mr. Charboneau said he sympathized with Mr. Light, but he did not want to vote for it until he knew what was going to happen with Ultimate Frisbee. He said he did not think it was fair to take a program with 100 citizens currently using it and say we'll find a place. He suggested tabling the issue for a month until a location could be found for Ultimate Frisbee. Mr. Colwell suggested land near Lake Sequoyah might be suitable for ultimate frisbee. Ms. Edmonston said a formal request from the ultimate frisbee program had not been received The motion carried, 5-2-0 with Colwell, Eads, Luttrell, Shoulders, and Thiel voting "for" and Alexander and Charboneau voting "no". Eads, Luttrell, Shoulders, and Thiel added a provision "to actively pursue working with the ultimate frisbee group". MOTION Mr. Colwell moved for staff to negotiate a usage agreement with Marvin Light and his Board of Directors for a BMX track at Walker Park North with the provision to actively pursue working with the ultimate frisbee group to find a location. Mr. Shoulders seconded the motion. The motion carried unanimously, 7-0-0. 6. PRAB 1998 Annual Report: Parks staff presented its 1998 Annual Report to the Parks and Recreation Advisory Board for review and to forward to City Council. Mr. Luttrell said he was impressed by the major accomplishments in 1998 as well as the donations made during the year. 7. Other Business: Ms. Edmonston said Phase III of the girls softball complex was awarded and came in under budget at almost $587,000. Greathouse Bridge came in substantially over budget at $134,000 and staff will be reviewing the project with the Public Works Director and city engineers to explore possibilities. The Wilson Castle bid award ($32,187) and the Washington School Gym ($100,000) funding will be on the March 6, 1999 City Council agenda. April 5, 1999 / Page 8 • • • PRAB Regular Meeting Wilson Pool paint problems were discussed. A pool consultant was hired to determine what caused the problem, and the study revealed it was due to the application. City staff has been negotiating with Wilks Construction to remedy this situation. The Parks Division will be responsible for sand blasting the pool. Wilks Construction will paint the pool after it closes. Parks cost will be $17,000. Mr. Schuldt reported that last year 75 teams participated in the summer softball program. This year Parks staffhave registered 113 teams which is a 50 percent increase from last year. Co-ed volleyball concluded as well as women's basketball. The summer concert series contracts are being finalized with Jed Clampit, 17th Floor, Troutfishing in America, Cate Brothers Band, Jason D. Williams, Los Peos Viejos, A Touch of Class, and Ultra Suede performing. David Wright, Program Coordinator, has raised $4,800 in sponsorships for the concerts. A Teen Night is tentatively scheduled for June 3 with A Touch of Class performing. The Juvenile Concerns Committee is also involved in this event. Ms. Thiel suggested arranging another tour of green space parks to aid in prioritizing parks development. She said she felt green space funds should be used toward developing these parks. The group discussed priorities and preparing a master plan. Ms. Edmonston said the master plan was not scheduled to begin working on until the fall would take nine months to a year to complete. Mr. Luttrell recommended considering options including the possibility of liquidating some of the small parcels which do not benefit as much as they cost to maintain. A PARKS TOUR WAS SCHEDULED FOR MONDAY, APRIL 19, 1999 AT 3:30 P.M. Mr. Alexander addressed misconceptions between green space and parks. Green space relates to planning issues whereas green space in Parks and Recreation deals with park land dedication. It was suggested to perhaps clean up confusing terminology when addressing updating the fees this fall. Mr. Alexander favors a green space ordinance because land is being developed too fast and recommended discussing this issue at a future session. The Freedom of Information Act was also discussed briefly following a recent Attorney General ruling. 8. Adjournment: The meeting adjourned at 6:50 p.m. MAY 3 1999 MINUTES APPROVED: MINUTES TAKEN BY: (711/7 oh,y4� n Nelson April 5, 1999 / Page 9 CHAPTER 166• DEVELOPMENT §166.01 SUBDIVISION APPROVAL. The subdivider shall follow the procedures in this chapter for the approval of a subdivision plat. §166.03 URBAN SUBDIVISION. Before the Planning Commission may grant final plat approval for an urban subdivision, the subdivider shall have installed, or shall have a guarantee in lieu of installation, either at his expense or in accordance with the existing policy of the City, the following improvements: A. Monuments. B. Lot Stakes. C. Streets. D. Curbs and Gutters. E. Sidewalks. F. Storm Drainage System. G. Culverts and Bridges. H. Water Supply. Fire Hydrants. I. Sanitary Sewer System. J. Streetlights. K. Required Dedication of Land for Public Park Sites, or a Reasonable Equivalent Contribution in Lieu of Dedication of Land. (Greenspace Requirements.) 1. Subdivision. a. When a proposed subdivision does not provide an area or areas for a public park based on the Fayetteville Parks Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. b. Prior to submittal of a preliminary plat or large scale development plan, the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. c. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event the they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. d. The Planning Commission shall determine if the developer will dedicate land or contribute money in lieu of dedication. No land dedication will be accepted as a public park unless it is determined by the Planning Commission, after consultation with the Parks and Recreation Advisory Board, that the physical characteristics of the site, and its surroundings make the site suitable for park purposes and the proposed dedication is consistent with the Fayetteville Parks Plan. e. The Planning Commission's decision must be incorporated into the developer's preliminary plat or large scale development plan prior to plat or plan approval. f. Land shall be dedicated at a ratio of 0.025 acre of land for each single-family dwelling unit 0 02 acre of land for each multifamily dwelling unit, and 0.015 acre of land for each mobile home dwelling unit permitted under Zoning, Chapters 160-165. g. A contribution in lieu of land dedication shall be made according to the following formula: $375 for each single-family unit, $300 for each multifamily unit, and $225 for each mobile home unit permitted under the City's zoning regulations. The Parks Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. h. If the developer legally restricts the number of dwelling units to be constructed to less than the maximum density permitted by Zoning, Chapters 160-165, required land dedication or cash contribution in lieu thereof shall be based upon actual density. i. If a developer dedicates park land which exceeds the requirement of this subsection, the Planning Commission may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. 2. All dedications of land must be made before final plat approval or large scale development approval. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land dedication in a subdivision or large scale development shall be payable within 30 days of final plat approval or large scale development approval. With the approval of the Planning Commission a developer may pay such contribution in three equal installments to be paid. in full within one year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefor is made in writing to the City Planner within one year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or cash contribution the developer must make an additional land dedication or contribution in lieu of dedication. 3. The requirements of this subsection shall apply to lot splits, replats of subdivisions and large scale developments; provided, said requirements shall not apply to a lot split or replat which does not create one or more vacant lots on which a structure could be erected under the City's zoning regulations. 4. All money received under this subsection shall be deposited in an interest bearing account. Said money together with the interest, shall be expended within three calendar years of the last date of the calendar year in which it was received for the acquisition and development of park land that serves the subdivision for which a contribution in lieu of dedication has been made. If said money has not been so expended within the three-year period said money, together with the interest thereon, shall be refunded to the developer who made the contribution. 5. The requirements of this subsection shall not apply to any development where the subdivision plat was filed of record after September 12, 1960, and before January 20, 1981. 6. Greenspace Requirements for Major Development. a. In addition to the procedure provided herein and other requirements found in the Code of Fayetteville, a developer of a major development shall include on his concept plan, preliminary plat and final plat a proposed neighborhood or subdivision park in which the required dedication of land for greenspace pursuant to K. 1.-5. above has been incorporated. The plat with the neighborhood or subdivision park shall be submitted to the Parks and Recreation Advisory Board for its approval. The approval shall then be included in all plats presented to the Planning Commission. Any modification by the Planning Commission of the subdivision or neighborhood park shall be referred back to the Parks and Recreation Advisory Board for its approval. b. The Parks and Recreation Advisory Board shall ensure that the neighborhood park meets these requirements: (1). The physical characteristics of the designated land are suitable for park purposes. (2). The proposed park areas and any included recreational facilities are sufficient to adequately serve the residents of the development/neighborhood. (3). Adequate sidewalks, trails, and/or bikeways shall provide access for all residents of the subdivision/neighborhood to the park, but no vehicle parking shall be required. c. The developer does not have the discretion to pay a cash contribution in lieu of the dedication of land for the establishment of this neighborhood or subdivision park. However, if the Parks and Recreational Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks and Recreation Advisory Board with instructions or for further study. d. When it appears to the Planning Commission that one or more adjoining subdivisions or large scale developments are being developed, planned, or in the near future will probably be developed so that the total area or housing units meet the requirements of a major development, the Planning Commission may notify the owners/developers that their subdivision or developments shall be considered a major development and require coordination among the owners/developers to develop a neighborhood park pursuant to this section. • • • • City of Fayetteville PRELIMINARY PLAT AND LARGE SCALE DEVELOPMENT PROCEDURE Applicant submits for preliminary plat or LSD along with items from checklist • 28 sets of plans to be submitted & 1 large, rendered elevation with an LSD Residential projects go to Parks & Recreation (PRAB) before proceeding Planning S aff reviews application l\ Site visit conducted \ Divisions: Planning • Engineering • Traffic • Water & Sewer • Solid Waste • Parks & Recreation • Fire Department • Public Lands. Sidewalk & Trails Landscape Administrator Recommendations prepared Revisions submitted • In-house Plat 1\ Review f1 • Technical Plat Review: Electric, Gas, Telephone, Cable Public notification Revisions submitted • Subdivision Committee: (LargeScale Developments can beeapproved here) (Planning Commission Meeting: (37 plans & 12 elevations to be submitted) • /Applicant may appeal to City Council Report prepared by Engineering Council may sustain -- the the ruling or refer the plat back to Planning Commission Nzt> T /Applicant prepares final plans for Engineering approval