HomeMy WebLinkAbout2007-10-01 - Agendas - FinalPark & Recreation Staff
Connie Edmonston, Director
David Wright, Recreation Superintendent
Jeff Coles, Maintenance Superintendent
Alison Jumper, Park Planner
Carole Jones, Park Planner
Melanie Thomas, Senior Secretary
FAYETTEVILLE
PARKS & RECREATION
Parks & Recreation Advisors Board
Wade Colwell, Chairman
Jay Davidson, Vice Chairman
Valerie Biendara
Jon Bitter
Milton Burke
Bob Davis
Steve Hatfield
Craig Mauritson
Parks and Recreation Advisory Board Meeting
October 1, 2007 at 5:30 p.m.
City Administration Building Room 326
113 West Mountain Street
Fayetteville, AR
AGENDA:
1. Approval of September 10th, 2007 PRAB Meeting Minutes
PRAB Motion:
2. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
Carole Jones, Park Planner
Sowder Land Dedication for Scull Creek Trail
N/A
Glenn and Victoria Sowder
North of Wilson Park., east of Frisco Street
SW
N/A
Unknown at this time
Unknown at this time
N/A
Wilson Park
Dedication of 0.74 acres to create a park land bank
Several negotiations were made on this project
between the owner and city staff before an agreement
was reached on the proposed land dedication. It is
imperative that the city obtain this land for Scull
Creek Trail. Staff recommendation is approval as
submitted.
Developer is requesting to dedicate approximately
0.74 acres of land to the City of Fayetteville Parks
Division and create a park land bank to remain with
Glenn and Victoria Sowder or an associated LLC to
be used for future development within the southwest
park quadrant. In the future they plan to build
approximately 60 multi -family units along the
remaining acreage to the north along Frisco Street and
PRAB Motion:
3. Park Land Donation
Development Name:
Engineer:
Owner:
Location:
Park District:
Existing Parks:
Developer's Request:
Staff Recommendation:
4. Park Land Dedication
near the intersection of North and Gregg Streets.
They are also requesting that their future development
be locked into the current park land dedication rate of
0.017 acres/unit with this dedication.
In order to expedite the construction of Scull Creek
Trail they would like to proceed with the dedication
prior to the development of the multi -family housing.
This dedication will also accommodate Frisco Street
which is currently located on their property. As part
of the proposed development project the northern part
of Frisco Street should be relocated to the east about
30 feet so it is within the existing street right of way.
Carole Jones, Park Planner
CMN Business Park Phase III Land Donation
McClelland Consulting Engineers, Inc.
Leonard Boen and Jim Irwin
East of Gregg Avenue; west of Steele Blvd.; north
and south of Van Asche Drive
NW
Mud Creek Trail and future Park West
Developer is requesting to donate approximately
15.39 acres of CMN Business Park Phase III and 2.49
acres of Lot 5 to the City of Fayetteville. This will
accommodate the construction of north Scull Creek
Trail. The land is currently under deed restriction by
the U.S. Army Corps of Engineers. Mitigation and
monitoring of the deed restricted land is complete
except for a portion of the land that is associated with
the construction of the Van Asche Drive bridge.
Monitoring of this portion will be required for two
years after construction of the bridge is completed.
The current owners will perform the required
monitoring for the portion of the land that is
associated with the construction of the bridge.
Additionally, the owner of Phase III (Leonard Boen)
has agreed to dedicate a public access easement for a
portion of Scull Creek Trail that lies between the two
land donations.
Approve as submitted
Alison Jumper, Park Planner
2
Project History: This project was presented to PRAB as Waterbrooke at the 7-11-05
meeting. The Board made a recommendation of accepting 2.76 acres of park land for
115 units. Additionally, the developer was required to make drainage improvements
and place fill in the park area. The improvements have been made. The roads and
infrastructure for the development have been constructed. The development has been
sold to a new developer who is proposing a new plan for the property.
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
PRAB Motion:
5. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Quarry Trace Commons
Appian Centre for Design
Nock Investments
North of Hwy. 16, East of Bayarri Park
SE
146 Single Family, 92 Multi Family
Approximately 35 acres
5.06 acres
$202,720
None within 'A mile
Dedication of approximately 3 acres with remaining
requirement paid as fees in lieu.
Dedication of approximately 3 acres with remaining
requirement paid as fees in lieu (approximately
$86,400).
In addition to the dedicated park land, the developer
is providing several POA amenities such as a pool,
pavilion and walking trail around the old quarry to
provide recreational opportunities. Additionally, the
tree preservation area is adjacent to the dedicated
park land and will be labeled as a tree
preservation/recreation area, thereby expanding the
land that will be open to the public.
Alison Jumper, Park Planner
Bierscheune
H2 Engineering.
Blind Squirrel in the Barn, LLC
Intersection of Sycamore and Chestnut, Northeast
corner
NW
15 multi family units
Approximately 1.12 acres
0.26 acres
$10,200
Gregory Park and Scull Creek Trail
3
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
Money in lieu
Money in lieu
The existing park and trail corridor in the service area
of this development will serve the recreational needs
of the residents. The land requirement for this
development does not provide enough land for a
neighborhood park. Additionally, surrounding land is
already developed prohibiting future park land in the
area.
6. Red Oak Park Update: Carole Jones, Park Planner
Carole Jones, Park Planner, met with Mr. Evans and the plan was revised. Mr. Evans
presented the revised plan to the City Council at the Agenda Session on September 25. This
item will be considered at the October 2, 2007 Council Meeting.
7. Volunteer Project Policy Review: Connie Edmonston, Parks & Recreation Director
This item was tabled at the September 10th PRAB meeting. It was previous called Scout
Project Policy, but was changed to Volunteer Project Policy in order to be inclusive of any
project a volunteer organization may wish to assist. See attached Volunteer Project Policy.
8. Regional Park Update: Connie Edmonston, Parks & Recreation Director
9. Other Business:
Walker Park Neighborhood Master Plan
10. Adjournment
Upcoming City Council Items & Park Events:
October 2: City Council to consider approval of revised design of the streambank
improvements by Arkansas Game & Fish Commission Stream Team at Red
Oak Park.
October 8: Grand Opening of Salem Park at 5:30 pm
October 18: Grand Opening of Harmony Pointe Park at 5:30 pm
Attachments:
PRAB Meeting Minutes: September 10th, 2007
Volunteer Project Policy
Park Land Dedication Maps and Letters (4)
Park Land Dedication Ordinance Fund Monthly Report
CIP Report
HMR Monthly Report
4
FAYETTEVILLE
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes September 10, 2007
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by
Chairman Wade Colwell at 5:36 P.M. on September 10, 2007 in Room 326 of the City
Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Present:
Parks and Recreation Advisory Board members Colwell, Davidson, Burke, Davis,
Biendara, Hatfield and Mauritson present; Park staff Jumper, Jones, Wright, Edmonston,
Coles, Thomas and audience were in attendance.
1. Approval of August 6, 2007 Meeting Minutes
PRAB Motion: Burke moved to approve the minutes as written. Biendara
seconded it. Motion was passed 8-0-0 by voice vote.
2. Scout Project Policy Review: Connie Edmonston, Parks & Recreation Director
PRAB Motion: Davis moved to table this until the October PRAB session.
Biendara seconded it. Motion passed 8-0-0 by voice vote.
3. Eagle Scout Project: Tommy Crosby — Lake Sequoyah Signage.
Tommy Crosby wants to create a series of thirty or forty signs at Lake Sequoyah. He will
be doing research in the next month. He would like to establish guidelines for trail signs
for the City of Fayetteville.
Mauritson asked what type of sign mounting would be used.
Crosby stated that he was thinking of metal posts and preprinted signs possibly made of
sheet aluminum.
Colwell stated that he felt like this project was too easy, and could be done in one
afternoon. He said he was opposed to the use of metal signs, and would rather see
something like cedar posts with metal or plastic markers. He said that would blend in
better with the trees. He stated that forty signs were too many.
Crosby said he understood.
Mauritson said he liked the idea of 4 x 4 or 6 x 6 wooden posts. The markers could be
carved and highlighted into the posts. The Parks Department has an electric auger that
could possibly be borrowed. He said he agreed with Wade that wooden posts should be
used.
Crosby said he understood. He stated that he came to the meeting with some ideas, but
was also looking for suggestions.
Biendara said that she agreed with Wade about the wooden posts and less signage. Some
of the trails need more signs, but only in the problem areas where a person can get easily
confused which way to go.
Colwell then passed Crosby his business card, and told him to call him on Sunday.
Colwell could then show Crosby what he was talking about.
Crosby said he would.
Colwell then asked when this project needed to be done.
Crosby said by December 30, 2007, which is right before his eighteenth birthday.
4. Eagle Scout Project: Michael Brown — Lake Sequoyah Trail Footbridge
Michael Brown with Boy Scout Troop 116 would like to build a bridge at Lake
Sequoyah. He described the bridge diagram, which was projected on the screen so
everyone could see it. He will put a 4 x 4 timber side rail. The poles are to be donated.
The lumber is not at this point, but Brown is going to make some phone calls.
Davis said that the wider the bridge could be made, the better.
Brown said he hadn't settled on a definite width for the bridge at this time.
Coles said it was planned for a great location.
Bitler was concerned about erosion issues.
Coles said that problem had been taken into consideration.
Colwell made the comment that the upstream may be dammed. If it were ever to be
undammed, it may cause problems for the bridge.
PRAB Motion: Davis moved to accept the building of the bridge. Biendara
seconded it. Motion passed 8-0-0 by voice vote.
5. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Alis
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
on Jumper, Park Planner
The Summit
Appian Center for Design
Nock -Broyles Land Development
South of 6th street, east of Razorback Rd.
SW
13 single family units, 282 multi -family
units
19.18 acres
5.1 acres
$204,240
Aspen Ridge park land, Tsa-La-Gi trail
Money in lieu
Money in lieu
Site constraints such as the large power line
easement and topography restrict the
possibility for public park land. The
developer is providing approximately 5
acres of P.O.A. green space as well as trails
and a pool area.
Colwell said he was willing to go with Staff recommendation.
Mauritson stated that it would be a nice donation to the SW quadrant.
PRAB Motion: Mauritson motioned to accept the money in lieu. Biendara
seconded it. Motion passed 8-0-0 by voice vote.
6. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
Alison
Jumper, Park Planner
Leverett Commons II
H2 Engineering
Hometown Development
East of Leverett, north of North St.
NW
7 multi -family units
0.51 acres
0.12 acres
$4,760
Scull Creek trail
0.14 acres
Money in lieu
This project is adjacent to Scull Creek Trail
and will be a continuation of the trail. The
trail corridor will be included in the tree
preservation area for the project.
Hatfield asked if it could be done without taking out trees.
Hearne said he wasn't sure exactly where the trail would be located.
Hatfield then asked if Mihalevich, the trails coordinator, was happy with the plan.
Jumper said yes.
Bitler asked if it had recreation, would it be deeded?
Jumper said it wouldn't be deeded, but the area would have public access.
Mauritson said that looking at the map, it looked like that it had eight sections.
Hearne replied that it had eight individual units.
PRAB Motion: Mauritson motioned that the eight family units and money in lieu
be accepted. Colwell seconded it. Motion passed 8-0-0 by voice vote.
7. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Carole Jones, Park Planner
Midtown Cottages
H2 Engineering, Inc.
Mathias Shopping Centers, Inc.
North of Mission Blvd., west of Box
Avenue
NE
5 single family units
1.46 acres
0.12 acres
$4,800
Braden Park, Rocky Branch Park, Gulley
Park
Money in lieu
Money in lieu
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
The relatively small size and proximity to
other parks are the two primary reasons for
the request of money in lieu of land.
PRAB Motion: Burke motioned that the money in lieu be accepted. Biendara
seconded it. Motioned passed 8-0-0 by voice vote.
8. Red Oak Park Update: Carole Jones, Park Planner
A public meeting was held on Tuesday, August 14th at 5:30 P.M. at the Red Oak
Park pavilion on New Bridge Road in the Bridgeport Subdivision to update the
surrounding neighborhoods on the Red Oak Park Streambank Improvement
Project. Approximately 31 citizens attended.
The proposed design by Mr. Dave Evans of the Arkansas Game and Fish
Commission Stream Team was presented to the City Council for approval on
Thursday, August 23. The council tabled the item until a revised design that
involved less tree removal could be considered.
Carole Jones, Park Planner, met with Mr. Evans and the plan was revised. Mr.
Evans will present the revised plan to the City Council at the Agenda Session on
September 25.
Bitler asked about the upper area. It wasn't originally included.
Jones replied that several people had asked about it. It will probably be included.
When Jones and Evans looked at it, they discovered the trees were not as high quality
as the lower area. Also, Evans said the upper area was more eroded than he thought.
Bitler stated that he thought they were going to get this project done in the dry season.
We are already in the rainy season.
Jones said that Evans believed that project can be completed by the end of 2007.
Davidson asked what would happen if we don't remove the trees.
Bitler said they would erode out.
Biendara stated that some of the trees are gorgeous, but the park needs to be saved.
9. Regional Park Update: Connie Edmonston, Parks & Recreation Director
Edmonston stated that the regular monthly meeting was canceled. She will have an
update at the October PRAB meeting.
10. Budget 2008 Proposal: Park & Recreation Staff
Edmonston, Coles, and Wright talked about the Parks and Recreational Budget. See
attachment.
Colwell asked if there would be any restrictions turning part time positions into full
time positions, such as insurance.
Edmonston replied that all had been taken into consideration. She also said the Parks
Staff was considering a ten dollar per person increase in soccer and softball
registration.
Davis asked what would the percent increase would be for soccer.
Wright replied that since the age groups are charged differently, the percentage would
be different. For a fourteen year old, it would be about a ten percent increase.
Davis was wondering whether the feedback about the increase was positive or
negative.
Wright replied that there was no feedback at this time. Staff wanted to present it to the
PRAB board first.
Hatfield asked when the last increase happened.
Wright replied that it was three or four years ago, the exception being for summer
camps. He said that this increase would have little effect on lower income children,
because Pagnozzi helps out a lot in that area. He also said that Fayetteville gives more
bang for the buck compared to other cities. We offer combined registration for fall and
spring programs for one price, compared to other cities offering only one season for a
comparable price.
Bitler said that he remembers last year that we requested more people to help maintain
the trails, and also another park planner. He wanted to know why that didn't happen.
Edmonston replied that it hasn't happened because the money wasn't there. She said
last year each division was requested to cut their budget. That was the area that Parks
and Recreation chose to cut.
Bitler wanted to know how the Parks Department would keep up with park and trail
maintenance and planning without adding people.
Edmonston stated that we have saved a lot of money by using our park planners rather
than contracting out the jobs.
Davidson wanted to know how Parks and Recreation will handle the increased work
load without an increase in staff. He asked what Plan B was.
Edmonston stated that the maintenance for all the parks and trails would have to be
prioritized.
Hatfield was wondering about the actual number of participants in each sport.
Wright replied that the number reported on the budget was the actual number attending
each recreational activity.
Coles stated that the Parks and Recreation Department has expanded and adapted, so
now there is an expectation for everything to be maintained at its current level.
PRAB Motion: Davis motioned to accept all parts of the budget, and Davidson
seconded it. Motion passed 7-0-0. Mauritison was absent for the vote.
11. Other Business: Walker Park Neighborhood Master Plan
Jumper discussed the Walker Park Neighborhood Master Plan (see attached flyer). The
Kick Off is September 21, 2007. The Hands On Design Workshop is September 22,
2007. September 23-27, 2007 is the Open Design Studio. On September 24, 2007, there
will be an Open House, and September 27, 2007 will be a Work in Progress.
Four PRAB members volunteered to rotate attending the Botanical Gardens monthly
meeting starting in September. The volunteers are:
Biendara- September 18, 2007
Davidson- October 16, 2007
Bitler- November 20, 2007
Colwell- December 18, 2007
12. Adjournment 7:45 P.M.
Minutes taken by Melanie Thomas
To: The Parks and Recreation Advisory Board
Thru: Matt Mihalevich, Trails Coordinator
From: Glenn and Victoria Sowder
Date: September 19, 2007
Subject: Park Land Dedication for Scull Creek Trail
Dear Parks Board Members,
Please accept this letter as our official request to dedicate approximately 0.74 acres of
land to the City of Fayetteville Parks Department and to create a park land bank to remain
with Glenn and Victoria Sowder or an associated LLC to be used for future development
within the southwest park quadrant We plan to build in the future as many as 60 multi-
family units along the remaining acreage of 765-14007-005, to the north along Frisco
Street and on other lots near the intersection of North and Gregg Streets. Although it will
be several years before we bring the development project forward, it is our understanding
that once dedicated, this particular dedication will be banked and locked into the current
park land dedication rate of .017 acres/unit. It is also our understanding that this park
land dedication rate of .017 acres/unit can be conveyed if we choose to sell to a non-
associated entity the remaining acreage of 765-14007-005 and/or nearby lots near the
intersection of North and Gregg Streets.
In order to expedite the construction of Scull Creek Trail, we would like to proceed with
this dedication prior to any development of the multi -use housing (which, as stated earlier
in this letter, we do not plan to bring forward to several years). This dedication will also
accommodate part of Frisco Street which is currently located on our property. As part of
the proposed development project, the northern part of Frisco Street should be relocated
to the east about 30 feet so it is within the existing street right of way.
Thank you for your consideration of this dedication.
Park Land Dedication Numbers:
0.74 acres dedicated divided by
0.017 acres/unit.
= 43 multi -family units to be banked
Respectfully,
Glenn and Victoria Sowder
30' PUBLIC ACCESS
EASEMENT
MAINTAINED BY
TRANSPORTATION DIV.
BLOCK RETAINING WALL
WITH FENCE ABOVE
PROPOSED PARK
LAND DEDICATION
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CONSU TING
ENGINEERS, INC.
/ DESIGNED TO SERVE
P.O. Box 1229
Fayetteville, Arkansas 72702-1 22 9
479-443-2377
FAX 479-443-9241
September 20, 2007
Fayetteville Parks & Recreation
1455 South Happy Hollow Road
Fayetteville, Arkansas
72701
RE: Contribution of Nature Trail Lands
CMN Business Park (Phase III, Lot 5)
Dear Park Board Members:
Steele Crossing Investment and McClelland Consulting Engineers are proud to submit for
your review this packet of information regarding the proposed donation of lands within
the CMN Business Park II Phase II and Phase III.
Currently existing are approximately 45 acres of land considered 'Deed Restricted'
within the CMN Business Park II Phases I, II, and III. Under consideration for the first
phase of donations to the City of Fayetteville are approximately 22.49 acres of land
associated with CMN Business Park II Phase III (15.39 acres) and Lot 5 (2.49 acres) (see
enclosed colored 11"xl7" exhibit). Future, potential land donations are also illustrated
upon this exhibit. The potential land donations represent land that is also 'Deed
Restricted', but are not under Steele Crossing Investment's ownership.
Under the regulations of the existing 404 permit (copy of permit enclosed), mitigation
and monitoring of the deed restricted area is required. Per the determination letter
received from the Corps of Engineers (copy enclosed), the monitoring for lands within
CMN Business Park II Phase I and II have been completed (this includes Lots 5 and 8 &
14). CMN Business Park II Phase III have completed several of the mitigation and
monitoring activities have been complete save the work associated with the ongoing
construction of the Van Asche bridge. Monitoring of the Phase III mitigation will be
required for two years after completion of the work.
Finally, two letters have been attached (one for both Phase III and Lot 5). These letters
state the intention of Steele Crossing Investment and indicate that Steele Crossing
Investment shall retain the responsibility of additional monitoring required for CMN
Business Park H Phase III as indicated by the Corps of Engineers — save any additional
impact occurring during construction of the multi—use trail or utility improvements within
easements associated with deed restricted areas.
Please review the enclosed information and please do not hesitate to contact myself to
discuss any questions or concerns that you may have.
Michael G.
McClelland onsul u g Engineers
(479) 443-23
mmogan(cr�,mcclelland-engrs.com
STEELE CROSSING INVESTMENT III, LLC
P.O. Box 22407
LITTLE ROCK, ARKANSAS 72221-2407
(501) 219-0919 TELEPHONE
(501) 219-0755 FAX
July 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands — CMN Business Park II, Phase III
Ladies and Gentlemen:
This letter will confirm the intent of Steele Crossing Investment III, LLC ("Owner"), the
owner of certain lands located in CMN Business Park II, Phase III, to donate certain lands
Located within the Deed Restricted Area to the City of Fayetteville for use in conjunction with
the development of the trail along Scull Creek. The Owner proposes to deed the Restricted Area
shown on Exhibit A to this letter (the "Property") to the City in fee simple absolute for use by the
City subject to the restrictions and obligations unposed on the Property under the Restrictive
Covenants for CMN Business Park II, Phase III, dated August 29, 2005, and field of record as
Instrument 2005-0038911 on September 1, 2005, in the records of Washington County,
Arkansas, a copy of which is attached (the "Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of' Engineers which is attached as an exhibit to the Restrictions. Under the Permit, the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. Although the original five year period has expired, with the construction of the bridge for
Van Asche across Scull Creek, the Corps, as a condition to its approval of the extension of the
permit for the construction of the bridge, has extended the monitoring obligations an additional
two years post construction. Following the contribution, the Owner would remain responsible
for the monitoring and obligations of the owner of the Property under the Restrictions and
Section 404 Permit through the period after completion of the construction of the bridge until the
Corp releases the Property from further monitoring due to the construction of the bridge. To the
extent that the construction of the nature trail or any other development activities of the City on
the Property causes the monitoring period to be extended or creates any costs for compliance
with the Permit within those areas affected by the City's work, then the City would be
responsible for those additional costs,
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
will execute such documentation as required by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property to the development of the Fitness Trail and preservation of the Scull Creek Area for
the benefit of the City and its residents.
If you have any questions, please do not hesitate to call me.
Sincerely,
t'C-� `-'�' �r✓J'�- —
Steele Crossing Investment III, LLC
Leonard Boen, Manager
cc: Mr. Mike Morgan, McClelland Engineering
2
TOTAL LAND AREA 53.93 ACRES
Fa. DEED RESTRICTED AREA
15.39 AC
McC/e//and
Consulting
Engineers
Incorporated
Little Rock
900 W. Markham
Fayetteville
1810 N. College
APPROVED
MGM
SCALE
krre
CMN BUSINESS PARK
LOTS PHASE III
DEED RESTRICTION EXHIBIT
FAYETTEVILLE, ARKANSAS
(DRAWN BY
LAM
JccvncO'1 o..
DALE FIGURE NO.
AUG, 2007
FIELD BOON 1
LOT 5 - TENANTS IN COMMON
1701 CENTERVIEW DRIVE SUITE 201
LITTLE ROCK, ARKANSAS 72211
(501) 225-5700 TELEPHONE
(501) 227-0280 FAx
July 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands — Lot 5, CMN Business Park II, Phase I
Ladies and Gentlemen:
This letter will confirm the intent of Irwin Real Estate Investors, LLC, LLEJ VII, LLC,
CNRK, LLC, CMB Properties, LLC and Davis -Steele Crossing, LLC (collectively, the
"Owner"), as tenants in common, the owner of certain lands located on parts of Lot 5, CMN
Business Park II, Phase I, to donate certain lands located within the Deed Restricted Area to the
City of Fayetteville. The Owner proposes to deed the Restricted Area shown on Exhibit A to this
letter (the "Property") to the City in fee simple absolute for use by the City subject to the
restrictions and obligations imposed on the Property under the Restrictive/Protective Covenants
and or Bill of Assurance for CMN Business Park II, Phase 1 & II, filed of record in the records of
Washington County, Arkansas, as well as the Deed Restrictions described in the Notice of Deed
Restrictions initially filed December 14, 1999 (the "Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of Engineers which is attached as an exhibit to the Restrictions. Under the Permit, the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. As evidenced by the letter of the Corps of Engineers dated February 16, 2007, the
required mitigation has been successfully completed and the monitoring period has expired.
Upon acceptance of the Deed, the City would be responsible for the monitoring and obligations
of the owner of the Property under the Restrictions and Section 404 Permit. The assumption of
these obligations will be set forth on the deed to the City.
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
will execute such documentation as required by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property for the further preservation of the Mud Creek Area for the benefit of the City and its
residents.
If you have any questions, please do not hesitate to call me.
Sincerely,
'n Real E Investors, LLC,
NRK, LLC, CMB Properties, LLC
and Davis -Steele Crossing, LLC
Jim Irwin, as Agent
LLEJ VII, LLC
Leonard Boen, Manager
cc: Mr. Mike Morgan, McClelland Engineering
2
/7 iii , wr;7/7/74
/7
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EXHIBIT A
TOTAL LAND AREA 9.32 ACRES
.7:1;, DEED RESTRICTED AREA
2.49 AC
McClelland
Consulting
Engineers
Incorporated
CMN BUSINESS PARK
-ate¢ LOT 5
DEED RESTRICTION EXHIBIT
FAYE I IEVILLE, ARKANSAS
Little Rock
900 W. Markham
Fayetteville
1810 N. College
APPROVED
MGM
DRAWN BY
LAM
DATE
AUG 2007
SCALE
NTS
JOB. NO.
FIELD BOOK
FIGURE NO.
1
September 21, 2007
Fayetteville Parks & Recreation
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
RE: Contribution of Multi -Use Trail Easement
CMN Business Park (Phase Ill, Lot 5)
Dear Park Board Members:
Under consideration for the first phase of land donations to the City of Fayetteville are
approximately 17.9 acres of land associated with CMN Business Park II Phase III (15.39
acres) and Lot 5 (2.49 acres).
Within the subject land donation are existing utility easements that are intended to be
used by the City of Fayetteville for the construction of their multi -use trail system.
However, there is a 'gap' between the utility easements donor land upon Phase I11 and the
donor land upon Lot 5. In order to create a continuous trail connection a multi -use trail
easement will be necessary.
Let it be known that during the development of the land between scull creek and Lot 5
(this lot is known as Lot 19) there shall be dedicated a multi -use trail easement of
sufficient width to be utilized for the proposed trail connection. This easement may run
concurrently with any proposed utility easements requested by either the utility
companies or permitting authority. Additionally, the multi -use trail easement will be
provided to the city prior to issuance of Final Plat (or concurrent plat).
Sincerely,
Steele Crossing Investment III, LLC
Leonard Boen, Manager
APR -26-2007 THU 02:57 P11
REPLY TO
ATTENTION OF
Regulatory Office
FAX NO.
DEPARTMENT OF THE ARMY
LITTLE ROCK DISTRICT, CORPS OF ENGINEERS
POST OFFICE BOX 867
LITTLE ROCK, ARKANSAS 72203-0867
www.swl.usece.miU
File No. 11252-3
Michele A. Harrington, P.A.
Harrington, Miller, Neihouse & Kieklak
113 E. Emma Avenue
P.O. Box 687
Springdale, Arkansas 72765-0687
Re: CMN Business Park II
FEB 16 2007
Dear Ms. Harrington:
Please refer to your letters concerning the Section 404 permit issued for the CMN
development and the associated mitigation and monitoring requirements for the project.
The mitigation and monitoring for Phases I and II of the project have been fully
completed. We have reviewed the 5a` -year monitoring report and the preliminary wetland
assessment, and have also performed several site inspections. We have determined that the
mitigation for Phases I and II has been successful and is in compliance with the permit
conditions. There are no further mitigation requirements for these project areas.
Several of the mitigation activities within the Phase III area of the project have been
completed as required. However, some of the proposed stream mitigation activities within Scull
Creek could not be done until construction of the Van Asche Bridge. Therefore, a portion of the
Phase III mitigation work still needs to he undertaken and monitored. This work would include
stream restoration and enhancement through the bridge area with installation of a minimum flow
channel, rock deflectors, and tree revetments. Monitoring of the Phase III mitigation would be
required for two years after completion of the work.
The completed mitigation and deed restricted areas within the project may be donated to
the Northwest Arkansas Land Trust for future environmental stewardship of the area. Further, if
the land trust intends to retain responsibility for completion of the Phase III mitigation work, then
the Phase III area could also be donated to the land trust. This is provided that the Section 404
permit is transferred to the land trust. The Land Trust Board of Directors would need to sign the
transferee line of the permit and then submit it to Corps so that a permit transfer letter could be
issued.
We appreciate the good cooperation from you and your clients throughout this successful
mitigation project. If you have any questions about the permit, please contact Rocky Presley at
(417) 334-4101. Mr. Kyle Clark at our Rogers office will be handling further compliance for the
remaining mitigation work within Phase III. Future monitoring reports should be submitted to
P. 02
APR -26-2007 THU 02:58 PM
FAX NO.
Mr. Clark at the following address: Rogers Field Office, 2260 North 2nd Street, Rogers, AR
72756.
Sincerely,
Copy Furnished:
Steele Crossing POA
64 W. Colt Square
Fayetteville, Arkansas 72703
Mr. Manuel Barnes
EGIS, Inc.
314 South Main Street
Bentonville, AIL 72712-5903
/2.4..01.)
. Harris, P.E.
Chief, Regulatory Office
P. 03
12/22/90 14:33 FAX SO1 443 4707 MI1.IIOl.IANU GO. ... MICKI IIARRING11ri (bona
DEPARTMENT OF THE ARMY PERMIT
Permittee: CMN Properties (NANCHAR, INC. AND MARJORIE S. BROOKS)
Permit No.: 11252-3
Issuing Office: Department of the Army
Little Rock District
P.O. Box 867
Little Rock, Arkansas 72203-0867
NOTE: The term "you" and its:derivatives, as used in this
permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division
office of the Corps of Engineers having jurisdiction over the
permitted activity or the appropriate official of that office
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms
and conditions specified below.
Project Description: The placement of dredged and fill material
associated with temporary road crossings, permanent roads and
bridges, utility lines, and commercial development of 18 parcels
of land to include strip malls, offices, and parking areas. The
phased development would fill approximately 13.5 acres of
wetlands. The bridges would impact approximately 1 acre of
additional waters of the V.S. Authorized stream crossings and
associated channelization..rnclude:
1. Mall Ave./Mud Creek - Bridge with no channelization
beyond the bridge structure and the wing walls.
2. Shiloh Dr./East Unnamed Tributary to Mud Creek - Box
culverts with a maximum of 100 linear feet of channelization.
3. Shiloh Dr./West Unnamed Tributary to Skull Creek -
Culvert with wetland impacts only.
4 Van Asche Ave./East Unnamed Tributary to Mud Creek - Box
culvertswith a maximum of 100 linear feet of channelization.
5. Van Asche Ave./Skull Creek - Box culverts with a maximum
of 200 linear feet of channelization.
6. Steel Ave/Mud Creek - Bridge with a maximum of 750
linear feat of channelization.
12/22/99 14:33 FAX 501 443 4707
H11.1101.1 AND CO. .. ... M11:91 IIARR 1 N(:nly Icq nn;
- 2 -
The project shall be constructed and/or accomplished as shown on
the attached drawings, sheets 1 through 12 of 12, dated
July 22. 1999.
Project I.ocati.on: The development is located along Mud, Skull,
and Clear Creeks, in sections 23, 26, and 27, T.17 N., R. 30 W.,
Fayetteville, Washington County, Arkansas.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on
December: 31, 2002. If you find that you need more time to
complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General
Condition 4 below. Should you wish to cease .to maintain the
authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the
area.
3. If you discover any pteviously unknown historic or
archeological remains while accomplishing the activity authorized
by this permit, you must immediately notify this office of what
you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you
must obtain the signature of the new owner in the space provided
and'forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If e. conditioned water quality certification has been issued
for your project, you must, comply with the conditions specified
in the certification as special conditions to this permit. For
your cor.venience, a -copy of the certification is attached if it
contain: such conditions.
2000002857
12/22/99 14:33 FAX 501 443 4707
N11,1101.1.ANI) CO. ?11 CK1 ILUtlt 1 NcroN Q1ons
- 3 -
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Special Conditions:
1. You shall not channelize or otherwise manipulate any portion
of a "waters of the United States" other than the specific areas
axound the crossings as authorized by this permit and as required
in the final approved mitigation plan. To the maximum extent
practicable, all work shall occur during low flow periods.
2. You shall install and maintain, at all times, required
elements, of the Erosion Control Plan (ECP). You shall restore
any ECP elements that are damaged, due to rain events,
construction activities, or other causes, at the resumption of
construction activities.
3. You shall remove available material from existing wetlands
(donor sites) for use in the created wetland mitigation areas.
This material shall be removed prior to any construction
activity, planned or otherwise, within the donor site. You shall
either deposit the material directly into the created wetlands or
stockpile and maintain the material outside of the floodway until
final use. The stockpile shall be maintained in a condition to
promote growth of native hydrophytic vegetation when reused in
the mitigation area.
•
,
4. You shall field mark and preserve, from any construction
activities, all wetlands being avoided by this permit, donor
sites, stockpile areas, and any wetlands created for mitigation.
5. You shall submit a comprehensive mitigation plan which
incorporates all features of the previously submitted conceptual
mitigation plan, for approval, to the Little Rock District within
30 days of the date of this permit. The plan shall include maps
and/or drawings of mitigation measures (both in -stream and
wetlands), earth work and structure details, final elevations,
areas of approved limited activities such as mowing, test plot
locations, plantings species list, monitoring requirements,
mitigation site markers, and succession goals. Additional
mitigation requirements are listed below:
a. As wetland mitigation, you shall dedicate in perpetuity
the area defined by the Federal Emergency Management Agency's
1991 floodway boundary (or reasonable modifications thereof, as
approved by the Regulatory Section) along Mud and Skull Creeks,
2000002AfR
12/22/99 14:33 FAX 501 443 4707 MII31o1.I.Aq'O Co. ••• MICKI ILARItINGTON %000
the adjacent wetlands along Skull Creek, and the buffer zone
(city greenway belt) along the east unnamed tributary to Mud
Creek (totaling approximately 50 acres). The mitigation area
shall be mapped by a registered land surveyor. The map shall be
identified as Exhibit "A." You must take the action required to
record this permit.and the notice of deed restriction, including
Exhibit "A", with the Registrar of Deeds in Washington County,
Arkansan. Documentation of the deed restriction recording shall
be prov:.ded to the Chief, Regulatory Section, U.S. Army Corps of
Engineers, P.O. Box 867, Little Rock, Arkansas 72203, within 60
days of the issuance of this permit. The mitigation area shall
be field surveyed, and the boundaries marked and maintained by
steel on concrete post monuments at each corner and every 300
feet between corners. There shall be signs placed every 1,000
feet identifying the area as a Corps of Engineers Wetland
Mitigation Area.
b. You shall complete all required wetland mitigation work
including plantings by May 31, 2000. You shall complete all
required stream mitigation'by August 31, 2000.
c. You shall plant both the created wetland and enhanced
wetland areas on 25 -foot spacings (70 trees/acre). Plantings
along the upland riparian buffers shall include two (2)
alternating rows of trees, on 25 -foot spacings, along both sides
of the stream and both upland edges of the floodway (eight (8)
rows of trees total). A minimum of forty percent (40%) of the
total =squired tree plantings shall be larger container trees.
You shall indicate the *era' location of these container trees
on the final mitigation plan.
d. You shall establish and field mark a representative
number of test plots to use in annual sampling for monitoring
reports. The same plots shall be used each monitoring period.
e. After planting, the mitigation site shall be monitored
(see special condition 5d above.) and a survival rate of seventy
percent (70%) or 49 saplings per acre shall be achieved. In the
count of the 49 required saplings, no more than 25% or 12
saplings can be native volunteer saplings. For the native
volunteer saplings to be included in wetland areas, they must be
on the Stational List of Plant Species that Occur in Wetlands,
with a Region 2 indicator of FAC or wetter. Replanting each
year, as necessary to achieve the 49 sapling per acre survival
rate, shall be done for a minimum of five (5) years. Herbaceous
hydrophytic vegetation shall achieve greater than 50 percent
(50%) of available ground cover in created wet. meadow mitigation
areas, t'ith the remaining area to be open water.
flnnnflfl9Rr,9
12/22/99 14:33 FAX 501 443 4707 MILIIOLLAND CO. -•- MICKI HARRINCWN fa010
f. You shall monitor the stream and wetland mitigation
areas fc,r a minimum of 5 years. You shall submit a monitoring
report to the Little Rook District each year by December 31. The
monitor:.ng reports shall contain the following information at a
minimum:
(1) Map of the mitigation area with all sampling plots
marked. Sample plots shall be consistent year to year.
(2) The counts of all planted and native volunteer
saplings within the mitigation areas, observations of natural
regeneration of saplings, and total calculated number of saplings
per acre. The succession rate of the container trees shall be
separately indicated.
(3) Observations of herbaceous hydrophytio vegetation
developing on the mitigation site.
(4) Description of hydrology at the time of the report.
Description of hydrology fluctuations during the reporting
period and actions taken to maintain adequate hydrology for the
survival of the plantings.
(5) Descriptions of stream conditions in areas of
required stream mitigation.
(6) Photographs of key areas of the wetland and stream
mitigation areas. Location and direction of photographs shall be
shown on the map in (1) ,above.
• h. You shall submit a final report on the success of the
mitigation area, including a wetland delineation of the
mitigation areas, at the end of the 5 -year initial monitoring
period. If any element of the mitigation is not successful, then
further plans and mitigation shall be required.
6. The mitigation areas shall remain as wetlands and wildlife
habitat in perpetuity and shall not be converted to another Lite,
including but not limited to: clearing, logging, bushhogging or
mowing lexcept in pre -approved areas clearly identified within
the final mitigation plan), spraying with herbicides, filling,
levelling, draining, dumping, construction of any structure, or
any other activity that would adversely impact the natural state
of the area. Natural resource management, wildlife enhancement,
or floodplain management activities involving alteration of the
property or vegetation thereon would require prior written
approval from the Little Rock District Corps of Engineers.
2000002860
