HomeMy WebLinkAbout86-06 RESOLUTIONRESOLUTION NO. 86-06
A RESOLUTION APPROVING AN AGREEMENT WITH
PARADIGM DEVELOPMENT COMPANY FOR PARK LAND
DEDICATION AT PARK WEST AT AUDUBON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
an Agreement with Paradigm Development Company for park land dedication at Park West at
Audubon. A copy of the Agreement, marked Exhibit "A" is attached hereto and made a part
hereof.
PASSED and APPROVED this 16th day of May, 2006.
APPROVED: ATTEST.
By:
AN COODY, May
By:
SONDRA SMITH, City Clerk
AGREEMENT
This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a
municipal corporation, and Paradigm Development Company Witnesseth:
WHEREAS, Paiadign Development Company seeks to create a Planned Zoning District
to be known as "Park West" which would require dedication of parkland sufficient to create a
neighborhood park; and
WHEREAS, Paradigm Development Company seeks to dedicate 7.18 acres to create this
neighborhood park in accordance with approved R-PZD 05-1796.
WHEREAS, Paradigm Development Company seeks to begin development of this
neighborhood park to City of Fayetteville park standards with the development of the first phase of
Park West, "The Heights at Park West".
WHEREAS, Paradigm Development Company seeks to utilize the "cash in lieu of park land
dedication" to develop the neighborhood park. The cash in lieu credit rate, to be used for
improvements made to the park, will be calculated using the cash in lieu rate in effect on January 9,
2006 (see attached ordinance) as approved by the Parks and Recreation Advisory Board on January
9, 2006. This rate shall be effective for up to three years from the date of this agreement, and
WHEREAS, land in excess of the requirement, if any, shall be banked for future phases of
Park West and credited at time of final plat of each phase until said bank is depleted; and
WHEREAS, credit will be given for the park land only if the land has been deeded to the
City of Fayetteville, and sidewalk construction along street frontage shall be considered part of the
street section and will be the responsibility of the developer; and
WHEREAS, the 'City of Fayetteville's principal purpose when enacting the Parkland
Ordinance was for developers to create and develop parks for their new residents which will be
satisfied by this agreement.
NOW, THEREFORE, the City of Fayetteville and Paradigm Development Company agree
to the following commitments to satisfy the development requirements of Fayetteville Unified
Development Code §166.03 (K) Park land dedication.
1. Paradigm Development Company shall provide a minimum 7.18 acre neighborhood park
as shown in "Exhibit A" attached hereto and made a part herewith, which has been approved by the
Parks and Recreation Advisory Board and Fayetteville Planning Commission.
2. This Agreement shall become effective upon the issuance of final plat for phase one of
Park West, "The Heights at Park West".
3. No interest will be accumulated between the time of development of the park and the time
credit is given for the improvements
4. Paradigm Development Company shall design and construct the park in conformance with
the City of Fayetteville park standards for neighborhood parks. A master plan for the 7.18 acres
shall be reviewed by Park Staff and approved by Parks and Recreation Advisory Board. All site
design shall be reviewed and approved by Parks and Recreation Staff. All construction documents
and practices shall be reviewed and approved by Parks and Recreation Staff prior to start of
construction.
5. Maintenance: Paradigm Development Company, its successors, assigns, or representative
shall maintain the neighborhood park for ten years from the date of issuance of the final plat.
Maintenance shall comply with Fayetteville Parks and Recreation maintenance standards and shall
be reviewed bi-annually by Parks and Recreation Staff. After this ten year period, the City shall
assume normal park maintenance. The developer reserves the right to extend the agreement for two
additional five year periods
6. It is understood that Paradigm Development is not acting as an agent for the City of
Fayetteville.
7. It is the policy of the City of Fayetteville that no qualified individual with a disability
shall, by reason of that disability, be excluded from participation in or be denied the benefits of the
services, program or activities of the City of Fayetteville or be subjected to discrimination by the
City of Fayetteville. Paradigm Development agrees to comply with this policy regarding construction
of this park.
8. Each paragraph of this agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force
and effect.
9. This agreement shall be interpreted according to and enforced under the laws of the State
of Arkansas.
10. This agreement contains the entire agreement of both parties hereto, and no other oral or
written agreement shall be binding on the parties hereto. This agreement supersedes all prior
agreements, contracts and understandings of any kind between the parties relating to the subject
matter hereof. This agreement may be executed in all or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
11. After the park land is deeded to the City and/or the park has been improved, no
reimbursement shall be made to Paradigm Development Company if Paradigm Development
Company abandons the continued development of subsequent phases of Park West.
IN WITNESS WHEREOF, the parties hereto have set their hands this lbs fit, day of
2006.
FAG.'' Y.0
G F•10
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ATTEST:
By:
SON
,h.• •�?
:FAYETTEVILLE:
9R5%:• JZ
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11'y o�Ncro I• ,.
CITY OF FAYETTEVILLE, ARKANSAS
RA SMITH, City Clerk
PARADIGM DEVELOPMENT COMPANY
ATTEST:
By:
Secretary
This agreement approved as to form by
City Attorney
•
Alison Jumper
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
/6
51212006
City Council Meeting Date
Parks and Recreation
Division
Action Required:
,ees
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Operations
Department
Approval an agreement between Paradigm Development Company and the City of Fayetteville for Park Land
Dedication requirements of Park West.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
A/ace
Department
Cityo
D D
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irector
Date
cJ S c
Dte
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Finance nd Internal Service Director Date
(AaA Kde A
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Receive fin Cityrk's Office
RED
Comments:
Wttevile
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DIVISION CORRESPONDENCE
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479)444-3469
To: Mayor Dan Coody and City Council Members
Thru: Gary Dumas, Director of Operations
Connie Edmonston, Parks and Recreation Direc or
From: Alison Jumper, Park Planner
Date: April 28, 2006
Subject: Park Land Dedication agreement for Park West
BACKGROUND
Park West at the Audubon is located west of Hwy. 112, east of Deane Soloman and south of
Hwy 112. The owner is Paradigm Development and Milholland Company is the engineer.
Clabber Creek trail corridor is located along the south portion of the property and no existing
parks are located within a half mile service area of the development.
Park West at the Audubon in its entirety was presented to the Parks and Recreation Advisory
Board on January 9, 2006 for a recommendation regarding park land dedication requirements.
(See attached minutes.)
CURRENT STATUS
Phase one of Park West at the Audubon, "The Heights at Park West" is currently in the planning
review process. The park land dedication requirements for this phase is 2.376 acres or $54,945
for 99 single family units Phase one currently proposes 100 single family units with one existing
single family home on site for which credit will be given.
DISCUSSION
The developer is requesting to dedicate 7.18 acres for a neighborhood park. Additionally, the
developer is requesting to develop the park and use the cost of the improvements to meet the
park land dedication requirements for future phases of the development.
The dedication of 7.18 acres will be in excess of the requirement for phase one of the
development. The excess land will be banked for the future phases of Park West. The land bank
will be used as additional phases of Park West are constructed until the bank is depleted.
As stated in the agreement (see attached Agreement) the credit for park improvements made for
u to three years of the date of the Agreement will be credited using the rate in effect on January
, 2006 (see attached Ordinance).
RECOMMENDATION
The Parks and Recreation Staff and PRAB recommend accepting the dedication of 7.18 acres of
park land for a neighborhood park. The remaining dedication requirement will be based on the
formula with the final number of multi -family and single family units for money -in -lieu. The
cost to construct the park would be deducted from the money -in -lieu requirement as defined in
the Agreement. If you have any questions, please call me at 444-3469.
Attachments:
Agreement
Park West site map
Park Location Map
PRAB January 9, 2006 Meeting Minutes
Park Land Dedication Ordinance
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT WITH PARADIGM
DEVELOPMENT COMPANY FOR PARK LAND DEDICATION AT PARK
WEST AT AUDUBON.
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 appti oves
an Agreement with Paradigm Development Company for park land dedication a-cPar-k'West at
Audubon. A copy of the Agreement, marked Exhibit "A" is attached herreto and irhade a part
hereof.
PASSED and APPROVED this 16th day of May, 2006.
APPROVED: !1" ATTEST:
By:
DANrCOODY*Mayo;
SON,DR[ SMITH, City Clerk
AGREEMENT
This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a
municipal corporation, and Paradigm Development Company Witnesseth:
WHEREAS, Paradigm Development Company seeks to create a Planned Zoning District
to be known as "Park West" which would require dedication of parkland sufficient to create a
neighborhood park; and
WHEREAS, Paradigm Development Company seeks to dedicate 7.18 acres to create this
neighborhood park in accordance with approved R-PZD 05-1796.
WHEREAS, Paradigm Development Company seeks t� begin development of this
neighborhood park to City of Fayetteville park standards with the development of the first phase of
Park West, "The Heights at Park West".
WHEREAS, Paradigm Development Company seeks to utilize the "cash in lieu of park land
dedication" to develop the neighborhood park. The cash in lieu credit rate, to be used for
improvements made to the park, will be calculated using the cash in lieu rate in effect on January 9,
2006 (see attached ordinance) as approved by the Parks and Recreation Advisory Board on January
9, 2006. This rate shall be effective for up to three years from the date of this agreement; and
WHEREAS, land in excess of the requirement, if any, shall be banked for future phases of
Park West and credited at time of final plat of each phase until said bank is depleted; and
WHEREAS, credit will be given for the park land only if the land has been deeded to the
City of Fayetteville, and sidewalk construction along street frontage shall be considered part of the
street section and will be the responsibility of the developer; and
WHEREAS, the City of Fayetteville's principal purpose when enacting the Parkland
Ordinance was for developers to create and develop patks for their new residents which will be
satisfied by this agreement.
NOW, THEREFORE, the City of Fayetteville and Paradigm Development Company agree
to the following commitments to satisfy the development requirements of Fayetteville Unified
Development Code §166.03 (K) Park land dedication.
1. Paradigm Development Company shall provide a minimum 7.18 acre neighborhood park
as shown in "Exhibit A" attached hereto and made a part herewith, which has been approved by the
Parks and Recreation Advisory Board and Fayetteville Planning Commission.
2. This Agreement shall become effective upon the issuance of final plat for phase one of
Park West, "The Heights at Park West".
3. No interest will be accumulated between the time of development of the park and the time
credit is given for the improvements.
4. Paradigm Development Company shall design and construct the park in conformance with
the City of Fayetteville park standards for neighborhood parks. A master plan for the 7.18 acres
shall be reviewed by Park Staff and approved by Parks and Recreation Advisory Board. All site
design shall be reviewed and approved by Parks and Recreation Staff. All construction documents
and practices shall be reviewed and approved by Parks and Recreation Staff prior to start of
construction.
5. Maintenance: Paradigm Development Company or its representative shall maintain the
neighborhood park for ten years from the date of issuance of the final plat. Maintenance shall comply
with Fayetteville Parks and Recreation maintenance standards and shall be reviewed bi-annually by
Parks and Recreation Staff. After this ten year period, the City shall assume normal park
maintenance. The developer reserves the right to extend the agreement for two additional five year
periods
6. It is understood that Paradigm Development is not acting as an agent for the City of
Fayetteville.
7. It is the policy of the City of Fayetteville that no qualified individual with a disability
shall, by reason of that disability, be excluded from participation in or be denied the benefits of the
services, program or activities of the City of Fayetteville or be subjected to discrimination by the
City of Fayetteville. Paradigm Development agrees to comply with this policy regarding construction
of this park.
8. Each paragraph of this agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force
and effect.
9. This agreement shall be interpreted according to and enforced under the laws of the State
of Arkansas.
10. This agreement contains the entire agreement of both parties hereto, and no other oral or
written agreement shall be binding on the parties hereto. This agreement supersedes all prior
agreements, contracts and understandings of any kind between the parties relating to the subject
matter hereof. This agreement may be executed in all or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
11. After the park land is deeded to the City and/or the park has been improved, no
reimbursement shall be made to Paradigm Development Company if Paradigm Development
Company abandons the continued development of subsequent phases of Park West.
IN WITNESS WHEREOF, the parties hereto have set their hands this day of
2006.
CITY OF FAYETTEVILLE, ARKANSAS
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
PARADIGM DEVELOPMENT COMPANY
•
By:
President
ATTEST:
By:
• Secretary
This agreement approved as to form by
City Attorney
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AGREEMENT
This Agreement, made and entered by and between the City of Fayetteville, Arkansas,.a
municipal corporation, and Paradigm Development Company Witnesseth:
WHEREAS, ParadigniDevelopment Company seeks to create a Planned Zoning District
to be known as "Park West" which would require dedication of parkland sufficient to create a
neighborhood park; and
•
WHEREAS, Paradigm Development Company seeks to dedicate 7.18 acres to create this
neighborhood park in accordance with approved R-PZD 05-1796.
WHEREAS, Paradigv.,Development Company seeks to begin development of this
neighborhood park to City of Fayetteville park standards with the development of the first phase of
Park West, "The Heights at Park West".
•
•
WHEREAS, Paradigm Development Company seeks to utilize the "cash in lieu of park land
dedication" to develop the neighborhood park. The cash in lieu credit rate, to be used for
improvements made to the park, will be calculated using the cash in lieu rate in effect on January 9,
2006 (see attached ordinance) as approved by the Parks and Recreation Advisory Board on January
9, 2006. This rate shall be effective for up to three years from the date of this agreement; and
WHEREAS, land in excess of the requirement, if any, shall be banked for future phases of
Park West and credited at time of final plat of each phase until said bank is depleted; and
WHEREAS, credit will be given for the park land only if the land has been deeded to the
City of Fayetteville, and sidewalk construction along street frontage shall be considered part of the
street section and will be the responsibility of the developer; and
WHEREAS, the City of Fayetteville's principal purpose when enacting the Parkland
Ordinance was for developers to create and develop parks for their new residents which will be
satisfied by this agreement.
NOW, THEREFORE, the City of Fayetteville and Paradigm Development Company agree
to the following commitments to satisfy the development requirements of Fayetteville Unified
Development Code § 166.03 (K) Park land dedication.
1. Paradigm Development Company shall provide a minimum 7.18 acre neighborhood park
as shown in "Exhibit A" attached hereto and made a part herewith, which has been approved by the
Parks and Recreation Advisory Board and Fayetteville Planning Commission.
2. This Agreement shall become effective upon the issuance of final plat for phase one of
Park West, "The Heights at Park West".
3. No interest will be accumulated between the time of development of the park and the time
credit is given for the improvements.
4. Paradigm Development Company shall design and construct the park in conformance with
the City of Fayetteville park standards for neighborhood parks. A master plan for the 7.18 acres;., -..;
shall be reviewed by. Park Staff and approved by Parks and Recreation Advisory Board. All site':
design shall be reviewed and approved by Parks and Recreation Staff. All construction documents
and practices shall be reviewed and approved by Parks and Recreation Staff prior to start'of
construction.
5. Maintenance: Paradigm Development Company, its, successors,.asigns; or -representative,
shall maintain the neighborhood park for ten years from the date of issuance of the final plat.
Maintenance shall comply with Fayetteville Parks and Recreation maintenance standards and shall;.;:
be reviewed bi-annually by Parks and Recreation Staff. After this ten year period, the City shall ._
assume normal park maintenance. The developer reserves the right to extend the agreement for two
additional five year periods.
6. It is understood that Paradigm Development is not acting as an agent for the City of
Fayetteville.
7. It is the policy of the City of Fayetteville that no qualified individual with a disability
shall, by reason of that disability, be excluded from participation in or be denied the benefits of the
services, program or activities of the City of Fayetteville or be subjected to discrimination by the
City of Fayetteville. Paradigm Development agrees to comply with this policy regarding construction
of this park.
8. Each paragraph of this agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force
and effect.
9. This agreement shall be interpreted according to and enforced under the laws of the State
of Arkansas.
10. This agreement contains the entire agreement of both parties hereto, and no other oral or
written agreement shall be binding on the parties hereto. This agreement supersedes all prior
agreements, contracts and understandings of any kind between the parties relating to the subject
matter hereof. This agreement may be executed in all or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
11. After the park land is deeded to the City and/or the park has been improved, no
reimbursement shall be made to Paradigm Development Company if Paradigm Development
Company abandons the continued development of subsequent phases of Park West.
IN WITNESS WHEREOF, the parties hereto have set their hands this day of
2006.
CITY OF FAYETTEVILLE, ARKANSAS
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
PARADIGM DEVELOPMENT COMPANY
ATTEST:
By:
Secretary
This agreement approved as to form by
City Attorney
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5. Park Land Dedication: Matt Mihalevich, Park Planner
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
Park West at the Audubon
Paradigm Development Enterprises, Inc.
Tracy Hoskins
West of Garland (Hwy 112), east of
Dean Soloman Rd. and South of Hwy
112. (Across from the drive-in)
NW
Unknown number of multi -family &
single family
140 Acres
Unknown
Unknown
No parks within 1/z mile radius. Clabber
Creek Trail Corridor is located along the
south portion of the property.
Dedicate 7.18 acres of park land and
additional land (size to be determined)
for a trail corridor for Clabber Creek
Trail, then pay money -in -lieu for the
remaining dedication requirement
based on the final number of multi-
family and single family units. The
developer also requests that Park West
and its staff be allowed to construct the
park using the money in -lieu with
direction from the Parks and Recreation
staff and maintain the park for 10
years.
Dedicate 7.18 acres of park land and
additional land adequate to construct a
12' wide trail along the southern edge
of Park West. The exact size and
location would be determined by Parks
and Recreation staff. The remaining
dedication requirement would be based
on the formula with the final number of
multi -family and single family units for
money -in -lieu. The cost to construct
the park would be deducted from this
money -in -lieu requirement. The Park
shall be constructed in accordance with
Fayetteville Parks and Recreation
standards with direction and approval
from the Parks and Recreation staff. A
•
Developer's Comments:
Justification:
detailed cost estimate and master plan
including all park amenities shall be
presented to PRAB for final approval
prior to any park construction. Staff
also recommends allowing the
developer to maintain the park for 10
years. Maintenance shall comply with
the Fayetteville Parks and Recreation
neighborhood park service level. Parks
and Recreation Staff will secure a
detailed agreement outlining all
elements of this proposal.
Hoskins presented the plan and
elaborated on the diversity of land use as well as
the desire to maintain open/green spaces. The
park to be dedicated by the developer will possibly
be maintained by the developer beyond the 10
years. The southern part of the development
includes an area for the City trail system that will
be needed to connect the East Fayetteville trails
with the West Fayetteville trail system. Hoskins
stated that the plan is to employee full time staff to
maintain all grounds areas of the development
including the trail and will therefore be able to
respond to problems that may arise in the parks
and public areas in a short period of time. He also
stated the parks and public areas will be open to all
and not restricted to residents of the development
only. Developers will use the expected money -in -
lieu that will be necessary over and above the land
dedication to build the park to Parks and Recreation
standards, but the expense of upkeep and
maintenance will be the responsibility of the
developers.
A neighborhood park is needed in this area to
provide recreational opportunities for the growing
_number of residents. Maintenance provided by the
developer will help ease the increasing demands on
the Fayetteville Parks and Recreation maintenance
staff.
•
PRAB Motion: Davis moved to accept the Staff recommendation to accept the
dedication of 7.18 acres of park land and additional land adequate to construct a
12' wide trail along the southern edge of Park West. The exact size and location
would be determined by Parks and Recreation staff. The remaining dedication
requirement would be based on the formula with the final number of multi -family
and single family units for money -in -lieu. The cost to construct the park would
be deducted from this money -in -lieu requirement The Park shall be constructed
in accordance with Fayetteville Parks and Recreation standards with direction and
approval from the Parks and Recreation staff. A detailed cost estimate and
master plan including all park amenities shall be presented to PRAB for final
approval prior to any park construction. Staff also recommends allowing the
developer to maintain the park for 10 years. Maintenance shall comply with the
Fayetteville Parks and Recreation neighborhood park service level. Parks and
Recreation Staff will secure a detailed agreement outlining all elements of this
proposal. Colwell seconded the motion and approval was unanimous with Bailey,
Langsner, Harrison, Davidson, Davis, Bitter, Burke, and Colwell voting yes.
Fayetteville Code of Ordinances
and along one side of each street or cul-de-sac at
intervals of no more than 300 feet; provided,
streetlights of higher intensity may be required at
intersections with collector streets or arterial
streets.
•
(K) Park land dedication.
(1) Subdivision.
(a) Dedication or fee -in lieu. When a
proposed subdivision does not provide
an area or areas for a public park based
on the Fayetteville Parks and
Recreation 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) Parks and Recreation Advisory Board.
Prior to the 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) Planning Commission. 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 that they are unable to agree, the
developer and advisory board shall
make separate recommendations to the
Planning Commission who shall
determine the issue.
(d) Decision. 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 and Recreation
Plan.
(e) Approval. The Planning Commission's
decision must be incorporated into the
developer's preliminary plat or large
CD166:14
scale development plan prior to plat or
plan approval.
(0 Dedication ratios. Land shall be
dedicated at a ratio of .024 acre of land
for each single-family dwelling unit, .017
acre of land for each multi -family
dwelling unit, and 024 acre of land for
each mobile home dwelling unit
permitted under Zoning, Chapters 160-
165.
(g) Fee-in4ieu formulas. A contribution in
lieu of land dedication shall be made
according to the following formula:
$555 for each single-family unit,
$393 for each multi -family unit, and
$555 for each manufactured 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) Less than maximum density. If the
developer legally restricts the number of
dwelling units to be constructed to less
than the maximum density permitted by
zoning, Chapters 180 through 165,
required land dedication or cash
contribution in lieu thereof shall be
based upon actual density.
(i) Dedication in excess. 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) Timing of dedication and/or contribution. 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
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
TITLE XV UNIFIED DEVELOPMENT CODE
•
installments to be paid in full within one year
park in which the required dedication of
of final plat approval. If a developer makes a
land for public park facilities pursuant to
cash contribution In lieu of land dedication,
(KX1) through (5) above has been
the developer shall be entitled to a pro rata
Incorporated. The plat with the
refund, together with the accrued interest
neighborhood or subdivision park shall
therefrom, in the event actual density is less
be submitted to the Parks and
than the density used as the basis for the
Recreation Advisory Board for its
developers contribution; provided, no refund
approval. The approval shall then be
shall be made unless application therefore Is
included in all plats presented to the
made in writing to the Zoning and
Planning Commission. Any modification
Development Administrator within one year
by the Planning Commission of the
from the date of final plat approval. In the
subdivision or neighborhood park shall
event actual density is more than the density
be referred back to the Parks and
•
used as the basis for a dedication of land or
Recreation Advisory Board for its
case contribution the developer must make
approval.
an additional land dedication or contribution
'
in lieu of dedication.
(b)
Requirements. The Parks and
Recreation Advisory Board shall ensure
(3)
Applicability. The requirements of this
that the neighborhood park meets these
subsection shall apply to lot splits, rapists of
requirements.
subdivisions and large scale developments;
provided, said requirements shall not apply
(i) The physical characteristics of the
to a lot split or replat which does not create
designated land are suitable for
one or more vacant lots on which a structure
park purposes.
could be erected under the city's zoning
regulations.
(ii) The proposed park areas and any
included recreational facilities are
(4)
Zoning Requirements. Lots created for the
sufficient to adequately serve the
purpose of park land dedication shall not be
residents of the development
required to meet the standards for lot size,
neighborhood.
bulk and area within any zoning district.
(iii) Adequate sidewalks, trails, and/or
(5)
Fee-inaieu allocation. All money received
bikeways shall provide access for
under this subsection shall be deposited in
all residents of the subdivision/
an interest bearing account Said money
neighborhood to the park, but no
together with the interest, shall be expended
vehicle parking shall be required.
within three calendar years of the last date of
-
the calendar year in which it was received for
(c)
Fee -!n -lieu. The developer does not
the acquisition and development of park land
have the discretion to pay a cash
that services the subdivision for which a
contribution in lieu of the dedication of
contribution in lieu of dedication has been
land for the establishment of this
made. If said money has not been expended
neighborhood or subdivision park.
within the three-year period, said money,
However, If the Parks and Recreational
together with the Interest thereon, shall be
Advisory Board determines that a
refunded to the developer who made the
neighborhood park is not feasible or
contribution,
advisable, it may recommend to the City
Council that a cash contribution
(6)
Exemption. The requirements of this
pursuant to ordinance be accepted in
subsection shall not apply to any
lieu of land dedication. The City Council
development where the subdivision plat was
will either accept the recommendation
filed of record after September 12, 1960, and
for a cash contribution or return the
before January 20, 1981.
subdivision plat to the Parks and
Recreation Advisory Board with
(7)
Major development,
instructions or for further study.
(a) Process. In addition to the procedure
(d)
Coordination with adjacent properties.
provided herein and other requirements
When it appears to the Planning
found in the Code of Fayetteville, a
Commission that one or more adjoining
developer of a major development shall
subdivisions or large scale
include on his/her concept plan,
developments are being developed,
preliminary plat and final plat a
planned, or in the near future will
proposed neighborhood or subdivision
probably be developed so that the total
CD166:15
Fayetteville Code of Ordinances
area or housing units meet the
(b) All drainage facilities shall be so
requirements of a major development
designed to serve the entire drainage
the Planning Commission may notify the
area.
owners/developers that their subdivision
or developments shall be considered a
(c) All surface water drainage shall be
major development and require
transported to existing storm sewers,
coordination among the owners/
drainage facilities, or natural drainage
developers to develop a neighborhood
ditches approved by the City Engineer.
park pursuant to this section.
(d) The City Engineer shall approve all
(Code 1965, App. C., Art. III, §A(1); Ord. No. 2695, 1-20-81;
drainage features.
Ord. No. 30B0, 4-2-85: Ord. No. 3201, 8-5-86: Ord. No.
3315, 11-17-87; Code 1991, §§159.05, 159.30k.: Ord. No.
(6) Culverts and bridges. Culverts and bridges
3578, 11-19-91; Ord. No. 3615, §1, 6-2.92; Ord. No. 3738,
shall be installed where needed in
§1, 11-16-93; Ord. No. 3793, §1, 5-17-94; Ord, No. 3797, §1,
5-17-94; Ord. No. 4068. §1, 11-4-97; Ord. No. 4100, §2 (Ex.
accordance with existing Arkansas State
A), 6-16-98; Ord. No. 4199, 11-2-99; Ord. No.4454, 0t-07-
Highway Department standards and
03; Ord. No. 4545,02-17-04)
specifications.
Cross reference(s)—Variance, Ch. 156; Appeals, Ch.
(7) Water supply.
155; Bonds and Guarantees, Ch. 158.
(a) Accessible public water supply. When
166.04 Required On -Site improvements —
9 P
an approved public water supply is
Subdivisions in Planning Area
reasonably accessible, the subdivider
shall install a system of water mains and
(A) Requirements. Before the Planning Commission
shall connect to such supply so that
may grant final plat approval for a subdivision
each lot Within the subdivision shall be
located within the city's designated planning
provided with a connection to said public
area, the subdivider shall have installed, or shall
water supply. All connections shall be
have made a guarantee of in lieu of installation,
approved by the City Engineer.
as provided by. Chapter 158, either at his
Individual service lines shall be installed,
expense or In accordance with the existing policy
and individual connections shall be
of the city, the following improvements:
made prior to the paving of the street, if
possible.
(1) Monuments. Reinforced concrete monu-
ments 4 Inches x 4 inches x 30 Inches at
(b) ' Nonaccessible public water supply.
quarter section comers and subdivision
Where an approved public water supply
comers.
is not reasonably accessible, any private
'
water supply system proposed by the
(2) Lot stakes. Metal stakes 1/2 inch x 30
subdivider must be approved by the
inches at all lot comers, points of tangency,
county sanitarian and the City Engineer
points of curvature and angles in property
in order to assure that the private water
lines or easements.
supply system will provide an adequate
supply of potable water to every lot in
(3) Streets. Street grading, base, and paving
the subdivision. Individual service lines
according to existing city standards and
shall be Installed, and individual
specifications as adopted by the City
connections shall be made prior to the
Council.
paving of the street, if possible.
(4) Curbs and gutters. Curbs and gutters
(8) Sanitary sewer system.
according to existing city, standards and
specifications as adopted by the City
(a) Public sanitary sewer accessible.
Council.
Where a public sanitary sewer is
reasonably accessible, the subdivider
(5) Grading and storm drainage system.
shall connect with such sewer, and each
lot within the subdivision shall be
(a) The subdivider shall install storm
provided with a connection thereto. All
drainage facilities, including drains,
connections shall be subject to the
sewers, catch basins, and culverts
- approval of the City Engineer. Individual
necessary for the proper drainage of all
service lines shall be Installed, and
surface water.
Individual connections shall be made
prior to the paving of the street if
possible.
CD166:16
From: Clarice Pearman
To: Jumper, Alison
Date: 5.19.06 4:19PM
Subject: Res. 86-06
Alison,
Attached is a copy of the above resolution passed by City Council, May 16, 2006. I will forward to you two
of the three original agreements via interoffice mail.
Thanks,
Clarice
CC: Audit