HomeMy WebLinkAbout135-99 RESOLUTIONRESOLUTION NO 135-99
A RESOLUTION ACCEPTING THE RECOMMENDATION OF
THE PARKS AND RECREATION ADVISORY BOARD TO
ALLOW A WAIVER FROM THE PARK LAND DEDICATION
ORDINANCE TO ACCEPT MONEY IN LIEU OF PARK LAND
DEDICATION FOR THE SILVERTHORN SUBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the City Council hereby accepts the recommendation of the Parks and
Recreation Advisory Board to allow a waiver from the park land dedication ordinance to accept
money in lieu of park land dedication for the Silverthorn Subdivision.
PASSED AND APPROVED this 19th day of October , 1999.
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By
eather Woodruff, City Cler
APPROVED:
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By
Fred Hanna, Mayor
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council meeting of OctoberX1999
FROM:
Connie Edmonston Parks & Recreation Public Works
Name Division Department
ACTION REQUIRED: Waiver of Ordinance 3793 to accept money in lieu as the
park land requirement of the Silverthorn Subdivision.
COST TO CITY:
eta Category/Project Budget
Cost of this Request
Account Number
Project Number
Funds Used To Date
Remaining Balance
Category/Project Name
Program Name
Fund
BUDGET RE W: Budgeted It
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-10-77
Bu get Coordinate A
Budget Adjustment Attached
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nistrative Services
CONTRACT/GRANT/LEASE REVIEW:
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City Attorney
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Purchasing Officer
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Date A Coordinator Date.
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GRANTING AGENCY:
Date
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Date
STAFF RECOMMENDATION:
iver of Orclinan - 793 and to accept money in lieu as the park land requirement of Silverthorne Subdivision
Date Cross Reference
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Date
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New Item: Yes No
Prev Ord/Res
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Orig Contract
Date:
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STAFF REVIEW FORM
Page 2
Description St .Wt-4nprV e_- G )aiufir Q1C Drd'a Ace 3793 Meeting Date Qeo(..r S/9?
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: /
THRU: Charles Venable, Public Works Director CIA
FROM: Coie Edmonston, Parks & Recreation Superintendent
DATE: September 10, 1999
SUBJECT: Waiver of the Park Land Dedication Ordinance 3793
Mayor Fred Hanna and City Council
Silverthorne is a proposed subdivision located south of Highway 16 West and west of Double
Springs Road with 59 single family units on 47.98 acres. From the Farmington City limits, this
subdivision lies approximately 2,500 feet to the east and 1,000 feet to the north. The owner of
the subdivision is John DeWeese, Mike Schmidt and Karen Schmidt. The engineer is Engineering
Services, Inc.
The requirement for park land is 1.48 acres and money in lieu is $22,125. A letter was received
from the subdivision owner's attorney requesting consideration of a cash payment in lieu of a land
dedication. (See attached letter.) Park staff toured the site with John DeWeese and Brian Moore
and recommended money in lieu be accepted as the requirement.
The plat was brought before the Parks and Recreation Advisory Board at a special meeting held
on September 8, 1999. The board recommended to accept money in lieu as the park land
requirement for the reasons stated below:
1. The extreme position of the property to the Farmington City limits - 2,500 feet to
the west and 1,000 feet to the south.
2. The small size of the proposed 1.48 acre park land. There appears to be no land
available adjacent to this subdivision to be purchased in order to increase the park
acreage.
3. High maintenance cost of the small parcel of land.
4. There are a large number of acre lots in this subdivision which would be close to
the size of the proposed park. Usually we see a higher density of lots on
subdivisions with this acreage.
5. The small acreage would not adequately serve this subdivision and surrounding
neighborhoods. A park located more east and south is preferred.
2
Park staff and Parks and Recreation Advisory Board agreed to continue searching for a larger
parcel of land more centrally located and conducive for park purposes in this vicinity. It is the
opinion of the Parks and Recreation staff that future acquisition of park land be directed toward
large parcels of land rather than small parcels that serve only a few and are associated with high
maintenance cost. Because the Silverthorne subdivision is over 40 acres, Ordinance 3793
regulates the Parks Division to accept a land dedication. The ordinance states:
However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible
or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be
accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash
contribution or return the subdivision plat to the Parks Board with instructions or for further study.
Please review this request to waive the park land dedication requirement and to accept money in
lieu as the green space requirement for Silverthorne. If you have questions concerning our
requests to waive the Park Land Dedication Ordinance and to accept money in lieu, please call me
at 444-3473.
Attachments:
PRAB September 9, 1999 Meeting Minutes
Michele A. Harrington Letter
PRAB
SPECIAL MEETING
SEPTEMBER 8, 1999
A special Parks and Recreation Advisory Board meeting was held September 8, 1999. The Board
visited three subdivision/large scale developments: Butterfield Trail Village Expansion, Gary Brandon
Subdivision, and Silverthome Subdivision.
Members Present:
Staff Present:
Guests Present:
Colwell, Eads, Luttrell, Shoulders, Thiel
Edmonston, Gulley, Nelson, Schuldt
Chuck Rutherford, City of Fayetteville Sidewalk and Trails
Administrator; David Norman, McClelland Engineering; Brian Moore,
Engineering Services Inc ; Gary Brandon, Michele Harrington, John
Deweese
Media Present: Jill Rohrbach, Morning News
A special meeting of the Parks and Recreation Advisory Board was held Wednesday, September 8,
1999. The purpose of the meeting was to visit three subdivision/large scale developments to consider
for park land or money in lieu of the Park Land Ordinance. Parks and Recreation Advisory Board
members and staff departed in a FYC van at 5:15 p.m. to visit the sites.
Development:
Engineer:
Owner:
Butterfield Village
Representative:
Location:
Park District:
Priority:
Units:
Land Dedication:
Money in Lieu:
1990 Needs:
2010 Needs:
Existing Park Acres:
Butterfield Trail Village Expansion
McClelland Engineenng, David Norman
Bill Wickiser
Don Honeycutt
West of Old Missouri Road, South of Joyce Street
NW
None, right next to priority 1
60 Multi -Units
1.2 acres
$18,000
22 to 44 acres
34 to 68 acres
526.25 acres
Lake Fayetteville (458 acres), Covington (new 2.48 acres), Mudcreek/Lindsey
(0.4 mile trail - 19.92 acres), Sweetbriar (4 acres), Routh (1.65 acres)
Vandergriff (-8acres), Gulley (26.5 acres),
Brookbury (5.7 acres)
Staff Recommendation: Park Staff recommends park land. Chuck Rutherford, Sidewalk and
Trails Administrator, has requested for Parks to require land for a trail head.
This trail is planned to link into the Joyce Street trail and CMN trail over by the
mall. Park staff agrees with this concept and to support our city wide trail
system.
City Sidewalk and Trails Administrator, Chuck Rutherford, requested the Parks and Recreation
Advisory Board acquire land for the development of a trail head. The trail head will serve as an entry
September 8, 1999 / 1
point for a section of the proposed city wide trail system.
MOTION:
Mr. Colwell moved to accept land, preferably in the flood plain and adjacent to the floodway, for a trail
head.
Ms. Eads seconded the motion.
The motion was approved 5-0-0.
Development:
Engineer:
Representative:
Owner:
Location:
Park District:
Priority:
Units:
Land Dedication:
Money in Lieu:
1990 Needs:
2010 Needs:
Existing Park Acres:
Outstanding Features:
Staff Recommendation:
Gary Brandon Subdivision
Engineering Services Inc. (ESI) - Brian Moore
Michele Harrington, Attorney at Law
Valerie Zanaberletti
East of Hwy 265, North of Zion Road
NE
None (currently requesting annexation)
85 Single Family Units on 34.72 acres
2.125 Acres
$31,875
22 - 44 Acres
34 - 68 Acres
Lake Fayetteville/Highway 265 Park 1,284 acres; Routh 1.84 acres;
Sweetbriar 4 acres; Covington 2.48 acres; Vandergriff 8 acres
Developer is providing a park area with a swimming pool and other
park amenities.
Park staff recommends a land dedication. This property is located
immediately east of the Foster addition. The growth in this area has so
much potential. We would recommend land that would adjoin adjacent
subdivisions to increase the park size in order to serve this large
growing area.
Parks and Recreation Advisory Board members met Gary Brandon, Brian Moore, and Michele
Harrington at the site of the proposed development This is a large growth area with potential in the
future to acquire additional park land. Parks and Recreation Advisory Board Members had noted
during a May 17, 1999 meeting regarding the Stonewood development, that future park land dedication
in this area needed to be reviewed closely. The proposed park land for Gary Brandon Subdivision is
less than the required, but the developer has agreed to contribute money in lieu for the difference.
MOTION:
Mr. Luttrell moved to accept the proposed acreage and money in lieu for the balance of the required
land dedication.
Mr. Shoulders seconded the motion.
September 8, 1999 / 2
•
The motion was approved 5-0-0.
Development:
Engineer:
Owner:
Representative:
Location:
Park District:
Priority:
Units:
Land Dedication:
Money in Lieu:
1990 Needs:
2010 Needs:
Existing Park Acres:
Staff Recommendation:
•
Silverthorne Subdivision
Engineering Services Inc. (ESI) - Brian Moore
John Deweese, Mike Schmidt and Karen Schmidt
Michele Harrington, Attorney at Law
South of Hwy 16, West of Double Springs Road
SW
None (currently requesting annexation)
59 Single Family Units on 47.98 acres.
1.48 Acres
$22,125
6.5 - 13 Acres
9 - 18 Acres
Bundrick 4.25 acres; Red Oak 8.07 acres; Meadowlands 3 08 acres
Park staff recommends money in lieu of a land dedication. This would
require a waiver of the Park Land Ordinance to City Council because it
contains over 40 acres. This subdivision requires only 1.48 acres.
There are a large number of one acre lots in this subdivision with no
potential for expansion to the south and little to the west. It is in close
proximity to Farmington, 2,500 feet to the west and 1,000 feet to the
south.
Parks and Recreation Advisory Board members met John Deweese, Brian Moore, and Michele
Harrington at the site of the proposed development. Rezoning is scheduled to be addressed at the
September 21, 1999 City Council meeting.
MOTION:
Mr. Luttrell moved to accept money in lieu of land dedication due to the extreme position of the
property and the large size of lots to be developed and recommend a waiver of the Park Land
Ordinance from City Council.
Mr. Colwell seconded the motion.
The motion was approved 5-0-0.
The meeting adjourned at 7:20 p.m.
Minutes taken by John Nelson
September 8, 1999 / 3
•
HARRINGTON, MILLER, NEIHOUSE & KRUG
Michele A. Harrington
Stephen J. Miller
John P. Neihouse, LL.M. (in Taxation)
Wayne Krug **
A PROFESSIONAL ASSOCIATION
ATTORNEYS
113 East Emma Avenue P.O. Box 687
Springdale, Arkansas 72765-0687
Telephone (501) 751-6464 `Fax (501) 751-3715
e-mail address: mail@arkansaslaw.com
'Also licensed in Texas
August 25, 1999
ATTN: Kim Rogers
City of Fayetteville Parks & Recreation
113 West Mountain
Fayetteville, Arkansas 72701
Re: Silvertorne Subdivision
Dear Ms. Rogers:
William F. Merlins, Jr.
OF COUNSEL
Stephen D. Stitt
"Also licensed in Oklahoma
Please favorably consider allowing my client to make a cash payment in lieu of a
land dedication to meet the requirements of the City of Fayetteville for park land
dedication.
Thank you.
MAH/rtv
Sincerely,
HARRINGTON, MILLER, NEIHOUSE & KRUG, P.A.
Lin,“ ad6,_
Michele A. Harrington
Attorney for John DeWeese, Mike Schmidt
and Karen Schmidt
VICINITY MAP
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Connie Edmonston, Parks and Recreation
From: Heather Woodruff, City Clerk
Date: October 21, 1999
Attached is a copy of the resolution accepting money in lieu of park land dedication for the
Silverthorn Subdivision. The original will be microfilmed and filed with the City Clerk.
cc. Janet Johns, Planning