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Home My WebLink About147-03 RESOLUTIONRESOLUTION NO. 147-03 A RESOLUTION ACCEPTING THE PARKS AND RECREATION ADVISORY BOARD'S RECOMMENDATION TO ACCEPT FORTY-FOUR THOUSAND SIXTEEN DOLLARS ($40,016.00) CASH IN LIEU OF THE REQUIRED PARK LAND DEDICATION FOR LAZENBY APARTMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the Parks and Recreation Advisory Board's recommendation to accept Forty -Four Thousand Sixteen Dollars ($40,016.00) cash in lieu of the required Park Land Dedication for Lazenby Apartments. PASSED and APPROVED this 7th day of October, 2003. .i -._FAYE F�.. - _ ea. t Q , , 4 By. SONDRA SMITH, City Clerk APPROVED: By DAN COODY, Mayo NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 147-03 Document • 1 09/18/03 Staff Review Form w/attachments: draft resolution memo to Mayor/City Council Site Plan Project Proximity Map PRAB minutes PRAB minutes Landtech Engineering letter to Parks & Recreation 2 10/23/03 Rebecca Ohman NOTES: lees /0/7/ems ell -03 STAFF REVIEW FORM - NON-FINANCIAL OBLIGAAION • XX AGENDA REQUEST For the Fayetteville City Council Meeting of: October 7, 2003 FROM: Rebecca Ohman Parks and Recreation Operations Name Division Department ACTION REQUIRED: Resolution to accept the recommendation of the Fayetteville Parks and Recreation Advisory Board to accept money in lieu of land for the Park Land Dedication Requirement of Lazenby Apartments. SUMMARY EXPLANATION: See attached memo. STAFF RECOMMENDATION: .Approval of resolution Departme.t Director 4P[a:› Finance a Internal Services Dir. DSte 9-23-o3 Date q Chi ministr tive Officer Date Mayor gbh Date Received in Mayor's Office Date Cross Reference: Previous Ord/Resp: Orig. Contract Date: Orig. Contract Number: New Item: Yes No • • RESOLUTION NO. A RESOLUTION ACCEPTING THE PARKS AND RECREATION ADVISORY BOARD'S RECOMMENDATION TO ACCEPT FORTY-FOUR THOUSAND SIXTEEN DOLLARS ($40,016.00) CASH IN LIEU OF THE REQUIRED PARK LAND DEDICATION FOR LAZENBY APARTMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the Parks and Recreation Advisory Board's recommendation. accept Forty -Four Thousand Sixteen Dollars ($40,016.00) cash in dietrof the • h required Park Land Dedication for Lazenby Apartments. PASSED and APPROVED this 7111 day of October, 2003. /A ROVED Al?' B SONDRA S ITHoeity Clerk Y, Mayor PAYE, '1'I'?MLLE PARKS Y RECREATION MEMORANDUM To: Mayor Coody and City Council Thru: Gary Dumas, Director of Operations Connie Edmonstron, Parks and Recreation Director From: Rebecca Ohman, Park Planner Date: September 16, 2003 Subject: Lazenby Apartments Park Land Ordinance Requirement Background: Lazenby Apartments is a proposed large scale development located on Razorback Road, south of the State Revenue Office and north of Baum Stadium. The owner is Bill Lazenby and the engineering firm is Landtech Engineering, Incorporated. The development contains 112 multi -family units on 7.99 acres The requirement for park land is 1.9 acres and money in lieu is 544,016. The Park Land Dedication Ordinance states if a large scale development is over 40 acres or 100 units, the requirement is land. "...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 and Recreation Advisory Board with instructions or further study." (Unified Development Ordinance No. 166.03K) Current Status: Parks and Recreation Staff met with the engineering firm to evaluate the site. The development was presented to the Parks and Recreation Advisory Board (PRAB) on April 7, 2003. Due to significant changes in the proposed development, this project was revisited by PRAB on September 17, 2003. Please see both attached minutes. Recommendation: The Parks and Recreation Staff and Parks and Recreation Advisory Board recommend money in lieu as the Park Land Dedication requirement for Lazenby Apartments. This recommendation is the result of Parks and Recreation Staff and PRAB's review of the land originally offered by the developer to satisfy the Park Land Ordinance. The land the developer wished to dedicate was located within the site's detention ponds, the primary water transport for stormwater runoff. This inherent use of the ponds makes them inferior for park or recreation use as they may be wet a majority of the time. In addition, the City's Engineering and Planning Staff further recommended that the detention areas be left in their natural state. Parks and Recreation Staff and PRAB also believe the proposed parks and recreational areas in close proximity to this development --Greathouse Park (6 acres), Ellis Development on Beechwood and 15'" Street (6.65 acres --To date, no deed has been received), the University of Arkansas Intramural Fields and High School Sport Fields will meet the parks and recreation needs of its residents. Funds from this development will be used for park improvements in the southwest park district. The developer requested money in lieu of land. City of Fayetteville PARKS AND RECREATION DIVISION 113 W. Mountain Street Fayetteville, Arkansas 72701 Telephone: 479-444-3472 E-mail. rohman@ci.fayetteville.ar.us <\v's a • • Y�ii! • • • 1 1 1 PA. AND RECREATION ADVISORY BOA* Meeting Minutes September 17, 2003• Opening: A special meeting of the Parks and Recreation Advisory Board was called to order at 4:00 p.m. on September 17, 2003 on the site of proposed Wildflower Meadows Subdivision on Mount Comfort Road. Present: Parks and Recreation Advisory Board members Colwell, Bailey, Eads, Hill, Shoulders, Mauritson; City Staff Edmonston, Coles, Hatfield, and Ohman. 1. Park Land Dedication Development Name: Engineer: Owner: Location: Land Requirement: Money in Lieu Requirement: Existing Parks: Staff Recommendation: Developer Request: Justification: Please note: Lazenby Apartments Don Hillis, Landtech Engineering Bill Lazenby Razorback Road, south of the State Revenue Office and North of Baum Stadium 1.90 acres $44,016 Greathouse Park (6 acres), The Crowne Development (6.65 acres -- formerly Ellis Developments) and University of Arkansas Intramural Fields Money in lieu of land Money in lieu of land This project has been previously reviewed by PRAB on April 7, 2003. Significant changes to the project's detention area require the project to be reviewed again. Parks and recreation space is provided within a half acre of this development. In addition, the Crowne Development will provide a trail corridor along Town Creek. If money in lieu is recommended by PRAB, this project will require a waiver to Ordinance §159.05 (K) because it contains more than 100 housing units. •...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 further study.' (Unified Development Ordinance No. 166.03K) "...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 § 159.30 (K) has been incorporated." (§ 159.05) "...a major development shall be a large scale development or subdivision that satisfies either of the following conditions: A. It contains forty (40) acres or more. B. It contains one hundred (100) housing units or more. Whether or not it is planned in one or more phases, the total possible development shall be considered when its first stage, phase or parcel is presented for review." (§ 150.08) Don Hillis, project engineer, City engineering staff required that the detention pond area, which had been proposed to be developed in a park -like manner, to be left in its natural state. Colwell, PRAB member, supported the idea that the area be left in its natural state. Leonard Gabbard, project engineer, repeated that the developer's request is money in lieu of land. MOTION: Eads moved to accept money in lieu of a land dedication for the proposed Lazenby Apartments development. Mauritson seconded the motion. Upon roll call, the motion was approved 5-0-0. September 17, 2003 / 1 • • • • PARKS AND RECREATION ADVISORY BOARD Meeting Minutes April 7, 2003 Present: Parks and Recreation Advisory Board members Bailey, Hill, Colwell, Eads, Pawlik- Holmes, and Mauritson; City staff Edmonston, Coles, Hatfield, Nelson, Turner, Wright; and Audience. 4. Park Land Dedication Development Name: Engineer: Owner: Location: Park District: SW Units: Total Acres Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Staff Recommendation: Developer's Request: Justification: Lazenby Apartments Landtech Engineering, Inc., Don Hillis Bill Lazenby Razorback Road, adjacent to the State Revenue Offices and Baum Stadium 160 Multi -Family Units 7.99 acres 2.72 acres $62,880 Greathouse Park (6 acres), University of Arkansas Intramural Fields Money in lieu of land Combination of money and park land dedication Development is in close proximity to the University's intramural fields. The land the developer wishes to dedicate is located within the site's detention ponds, therefore rendering the land unusable during periods of rain. Leonard Gabbard of Landtech Engineering said he would concur with Park staffs recommendation for the Park Land Dedication re uire e money In-heu ofland. He stated he was p ann ng to deve op the detention pond area into a lawn area with benches, picnic tables, and landscaping. MOTION: Ms. Pawlik-Holmes moved to accept money in lieu of a land dedication to satisfy the Park Land Dedication Ordinance for the proposed Lazenby Apartments development and request a waiver from City Council. Mr. Colwell seconded the motion. Upon roll call the motion was approved 6-0-0. April 7, 2003 / 1 • APR -14-03 • 12:31 PM • • Landtech En : Ineerin Inc Professional Land Planners P.02 April 14, 2003 City of Fayetteville Parks and Recreation 113 West Mountain Street Fayetteville, Arkansas 72701 RE: Lazenby Apartments' ? This letter is to request as; discussed at the April 7i° Meetingthat the Parks and Recreation take money in lieu of land dedication for the above. 'referenced projects, to qw the project to continue with the approval process to go to the Next planning Commission Meeting. We would like to thank you for your consideration in this matter. ,Sincerely, PI t jr •.; it Leonard Gabbard Project Engineer r:. 441. • . :,11.1,20. w. ,rx„aAve.. ox 1080 • Springdale, , E A • P0SP pdab, AAraneea 72785 •Telephone (179) 7662772 • Fax (479) 7368452 , FAYETTEVIIIE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To Rebecca Ohman Parks & Recreation Division From: Clarice Buffalohead-Pearman City Clerk Division Date: October 13, 2003 Re: Res. No. 147-03 Attached please find an executed copy of the above referenced resolution passed by the City Council, October 7, 2003 regarding Lazenby Apartments' cash in lieu of park land dedication. The original resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know. /cbp cc Nancy Smith, Internal Auditor