HomeMy WebLinkAbout187-07 RESOLUTION•
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RESOLUTION NO. 187-07
A RESOLUTION ACCEPTING A DONATION FROM STEELE
CROSSING INVESTMENT III, LLC OF APPROXIMATELY 17.9
ACRES OF REAL PROPERTY ON BEHALF OF THE PEOPLE OF
THE CITY OF FAYETTEVILLE, ARKANSAS FOR THE PURPOSE
OF CONNECTING: SCULL CREEK TRAIL WITH MUD CREEK
TRAIL.
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 approximately 17.9 acres of real property which Steele
Crossing Investment III, LLC has so generously donated to the City of
Fayetteville for the purpose of connecting Scull Creek Trail with Mud Creek
Trail.
PASSED and APPROVED this 6th day of November, 2007.
APPROVED ATTEST:
1.1
By
DAN COO 1 , Mayo
�Ve •Ppm
;FAYETTEVILLE; F.
. s"9;ekANS:,•\ j,"
By: �Cb1�t Ul G[ '�j?:;GTON �C %%%%`
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
November 6th, 2007
City Council Meeting Date
//4(7
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9€La/e Cyossioj
Carole Jones/Cfnnie Edmonston Parks and Recreation Operations
Submitted By
Division
Action Required:
Department
Approval of a land donation proposed by Steele Crossing Investment III, LLC for approximately 17.9 acres of land
associated with CMN Business Park II Phase 111 (15.39 acres) and Lot 5 (2.49 acres) west of Steele Boulevard and
north and south of Van Asche Drive. The land is needed to connect Scull Creek Trail with Mud Creek Trail.
$o.00
Cost of this request
Account Number
Project Number
Budgeted Item
Category/Project Budget
Funds Used to Date,
Remaining Balance
Budget Adjustment Attached
Park Land Dedication/Donation
Program Category / Project Name
Program / Project Category Name
Fund Name
epartment irector
City Attorney
Date
6.EL. ids a /de?
Date
LP c; . -•
Ib -21-L17
Finance and Internal Service Director Date
(ai;-"2-7057
Date
Mayor
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
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Received in
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Received in M ice
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Comments:
City Council Meeting of November 6, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connie Edmonston, Parks reation Director
From: Carole Jones, Park Planner
Date: October 17, 2007
RE• CMN Business Park Land Donation
RECOMMENDATION
Approval of a land donation proposed by Steele Crossing Investment III, LLC for
approximately 17.9 acres of land associated with CMN Business Park II Phase III (15.39
acres) and Lot 5 (2.49 acres) west of Steele Boulevard and north and south of Van Asche
Drive.
BACKGROUND
There are approximately 45 acres of deed restricted land currently existing within CMN
Business Park II Phases I, II and III. Under consideration for donation to the City of
Fayetteville by Steele Crossing Investment III, LLC are approximately 17.9 acres of this
deed restricted land.
The proposed land donation is located in CMN Business Park II Phase III (15.39 acres)
and Lot 5 (2.49 acres). (See enclosed colored 11" x 17" exhibit.) The land is needed to
connect Scull Creek Trail with Mud Creek Trail. Receipt of the land needed for the trail
connections is possible only by accepting the entire land donation areas offered by Steele
Crossing Investment III, LLC. The Parks and Recreation staff believes that large, buffer
areas provide a nice environment along trailways. This is also in accordance with the City
Plan 2025 goal of assembling an enduring green network. The proposed land donation
was approved by the Parks and Recreation Advisory Board on October 1, 2007 (see
attached minutes).
DISCUSSION
The proposed land donation is deed restricted by the U.S. Army Corps of Engineers
through a 404 permit. Under the regulations of the existing 404 permit (see enclosed
copy), mitigation and monitoring of the deed restricted land is required. The mitigation
and monitoring requirements for land within CMN Business Park II Phase III have been
completed (see enclosed letter from the U.S. Army Corps of Engineers) except for the
work associated with the on-going construction of the Van Asche bridge. Monitoring of
this portion will be required for two years after the bridge work is completed.
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Page 1 of 2
City Council Meeting of November 6, 2007
Agenda Item Number
Steele Crossing Investment III, LLC has agreed to retain the responsibility of this
additional monitoring with the exception of any impacts which may occur during the
construction of the multi -use trails or utility improvements within the easements
associated with the deed restricted areas (see enclosed letters). Additionally, Steele
Crossing Investment III, LLC is dedicating a 20 -foot trail easement between Phase III
and Lot 5 (through Lot 19) per a concurrent plat that was submitted to the Planning
Division on October 4, 2007.
BUDGET IMPACT
This land donation is expected to have minimal impact to the Parks and Recreation
budget. There is minimal maintenance allowed since the donated areas are deed restricted
by the 404 permit.
Attachments:
Colored 11" x 17" Exhibit
PRAB Minutes October 1, 2007
U.S. Army Corps of Engineers 404 Permit
U.S. Army Corps of Engineers Letter
Steele Crossing Investment III, LLC Letters (2)
Page 2 of 2
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RESOLUTION NO.
A RESOLUTION ACCEPTING A DONATION FROM STEELE
CROSSING INVESTMENT III, LLC OF APPROXIMATELY 17.9
ACRES OF REAL PROPERTY ON BEHALF OF THE PEOPLE OF
THE CITY OF FAYE 11 LVILLE, ARKANSAS FOR THE PURPOSE
OF CONNECTING SCULL CREEK TRAIL WITH MUD CREEK
TRAIL.
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 approximately 17.9 acres of real property which Steele
Crossing Investment III, LLC has so generously donated to the City of
Fayetteville for the purpose of connecting Scull Creek Trail with Mud Creek
Trail.
PASSED and APPROVED this 6th day of November, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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FAYETTEVILLE
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes October 1, 2007
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by
Vice Chairman Jay Davidson at 5:37 P.M. on October 1, 2007 in Room 326 of the City
Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Present:
Parks and Recreation Advisory Board members Davidson, Biendara, Hatfield, Burke, and
Bider were present, with Davis arriving later. Colwell and Mauritson were absent. Park
Staff Edmonston, Jumper, Jones, Wright, Coles, Thomas, Trail Coordinator Mihalevich
and audience were in attendance.
1. Approval of September 10th, 2007 PRAB Meeting Minutes
PRAB Motion: Bitter asked that the minutes be amended to show that he was
not present for the August minutes approval, so the vote should have been
7-0-0. Bitler said he arrived at the meeting after the vote. Bitter then motioned
to accept the amended minutes, and Davidson seconded the motion. Motion
passed by voice vote 5-0-0.
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.
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
Developer's Comments:
Justification:
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 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.
Burke wanted to know what we were going to do with the north part of the property.
Mihalevich said it offers options for future use for a trailhead parking lot.
Davidson asked where the property line was located.
Jones replied that the property was to the north and on North and Gregg. Sowder owns the
entire main strip, and wants to develop the north part of the property.
Hatfield asked why the park land overlaps the street right of way.
Jones said that there were many meetings in which that subject was discussed. The floodway
line is the cut off point. Sowder wants to bank it for forty two or forty three multi -family units.
Bitler asked if this was a take it or leave it proposition.
Sowder said at some point it will be take it or leave it. He said for nine years he has been
paying taxes on the roadway. He attended all twelve of those neighborhood meetings He said
this was not the first time his family had been involved with the City in this area. In the 1920's,
his grandfather took up a collection in the neighborhood and build the first bridge over Skull
Creek next to Wilson Park.
Bitler wanted to know if the Gregg St. extension was going to affect this request.
Jones said she wasn't sure, but she thought the expansion had been dropped.
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Bitler said he thought there was a sign on Gregg St. that said it was part of a bond for
expansion.
Sowder replied that it had been dropped. He said he had a contract on Maple St. and lost the
contract and $300,000 because the street won't be down the east side of the railroad tracks.
Sowder then asked if there were any more questions.
Hatfield wanted to know if it's the City's request that they maintain the right of way on Gregg.
Sowder said that he owns that street now, and he hasn't started charging tolls on it yet. He said
he supposed the City could do anything that it wants.
Jones said that the City would propose to make it a thirty foot public access easement in which
the street and drainage would be maintained by the Transportation division.
Bitler asked if it would be deeded as park land.
Edmonston said she asked the City Attorney if the City could take in a public street as a private
park donation. She was told yes.
Hatfield asked if anyone had talked to the City Engineer about allowing public parking lots in
this area because of the floodway.
Mihalevich said there would hopefully be no long term parking, but possibly a trail head once
Wilson Park's parking lots become full.
Edmonston said the bottom line is that the City needs this land for the Skull Creek Trail.
Bitler said his concern is that we don't know what's going to happen with the Gregg St.
extension project. What would happen if the highway decided to come through the trail?
Mihalevich said that the City is coming through first with the trail.
Davis then asked if the trail would follow the tracks.
Mihalevich said it would to be to the south.
Davis wanted to know when the multi -family units would be built.
Sowder said it could be up to ten years away.
Davis queried if Sowder would have to pay additional fees down the road.
Sowder replied that it was his understanding that he wouldn't have to.
Edmonston said the property would be banked at the existing rate. It can be sold to another
developer using the Park Land Dedication land. ,
Davidson asked if the land was subdivided, could it still be banked?
Edmonston said yes.
Hitler asked why the trail was coming down the east side and then the west side. Why not bring
the trail down to Lafayette?
Mihalevich said they wanted to make the connection with Wilson Park. On the west side is a
creek and a really big ravine.
Edmonston said she wanted the board to make a requirement that the drainage also be
maintained by Transportation.
PRAB Motion: Two motions were made. Davis motioned to accept as approved.
Hitler seconded it. Hitler then amended the motion to ask that Transportation
maintain the drainage. Davis seconded it. Both motions passed 5-1-0 by voice
vote, with Hatfield voting no.
3. Park Land Donation
Development Name.
Engineer:
Owner:
Location:
• Park District:
Existing Parks:
Developer's Request:
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.
Staff Recommendation:
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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
Mihalevich said there were deed exceptions for the utilities. There was some room
left for trail amenities.
Burke asked what the length of the trail would be.
Mihalevich replied that it would be roughly three fourths of a mile. It would connect
Mud Creek and Skull Creek.
Hatfield asked if the City Attorney was ok with the deed restrictions.
Mihalevich said he was not sure.
Mike Morgan from McClelland said that the five year monitoring period required by
the Corps of Engineers is done. There will be a two year monitoring period after the
bridge is constructed, which will be the responsibility of the client.
Bitler commented that it seems great. He asked if we were missing anything.
Edmonston replied that she didn't think so.
Davis wanted to know what type of maintenance was needed for this area, other than
the trail.
Coles said that most of the area would remain natural, so no maintenance would be
needed.
Burke asked why we wanted land that we wouldn't be using.
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Edmonston replied that it was always nice to have extra greenspace.
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Biendara added that green is always good along trails.
PRAB Motion: Davis motioned to accept as approved. Biendara seconded
it. Motion passed by voice vote 6-0-0.
4. Park Land Dedication
Alison Jumper, Park Planner
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:
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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 % 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.
Davidson wanted to know the total acreage required
Jumper replied it would be just over five acres.
Davis asked where the additional recreational area would be.
Jumper said it was the old quarry area.
Bitler asked what type of condition the quarry was in.
Coles replied it was a big pond right now.
Bitler queried if there would be sufficient recreational opportunities in this area.
Edmonston answered that there were several potential areas for recreation.
Bitler wanted to know the size of the pocket parks.
John Nock, with Nock Investments, replied that they would be approximately one tenth
of an acre.
Biendara asked how much acreage was arouhd the pond.
Nock replied that there was roughly two acres.
Davis asked Coles what the cost of maintaining the land would be.
Coles said it is a relatively flat area. The greatest portion would be the natural area.
Davis asked if it would mainly be cutting grass.
Coles replied yes.
Hatfield said he would like us to keep the natural areas, even as the neighborhood
expands out.
Edmonston said a pavilion and a play area could possibly be put there.
Nock said for the greenspace, his company, at their own cost, would build a public alley
around the area with full public access. This would be a possible location for parking.
PRAB Motion: Burke motioned to accept the staff recommendation, and also the
alley with the additional parking. Davis seconded the motion. Motion passed by
voice vote 6-0-0.
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5. 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
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
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
The only discussion was on the pronunciation of Bierscheune. It is pronounced
phonetically "Beershine".
PRAB Motion: Biendara motioned to accept the money in lieu. Davis seconded
it. Motion passed 6-0-0 by voice vote.
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.
Jones said the residents in the neighborhood were still very cautious about the project,
even after Evans presented to them a revised plan.
Bitler wanted to know if Evans addressed the water in the retaining area.
Jones replied that he has not made a formal study of it.
Davidson wanted to know what type of reaction the residents had.
Jones replied that they still think the project is too drastic. We can't give them the exact
number of trees that will be taken out. It will go to Council. The number of trees that will
be taken out has been reduced from around seventy to around fifty-five.
1t
Bitler asked if Parks and Recreation will do a presentation to Council.
Jones said no, because there is no new data. But she said it would be a good idea to be
present for questions.
Biendara said that some of the trees are barely hanging on. A big storm would take them
out. She said that the residents want what they had in the past, but that is not possible.
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Hatfield queried if we had had an engineer look at the area.
Jones replied that Ron Petrie had looked at it in 2001, but a full blown investigation had
not been done. The Corps of Engineers denied the plan that Engineering did, but accepted
Evan's plan.
Edmonston said that she was not sure what a better answer to the problem would be.
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.
Bitter wanted to know if there was any reason Staff wouldn't approve any projects.
Edmonston said it would not be approved if it wasn't a complete project.
Davidson said he wanted the Parks and Recreational Staff to approve projects before the
PRAB board heard them.
Edmonston replied that Staff would make sure it was complete before the Board heard
them. Also, the volunteer would know before it was presented whether Staff approved it
or not.
Bitter wanted to make sure that even if Staff doesn't like a project, the volunteer will still
be able to present it to the Board.
Biendara echoed that thought. She wants them to be able to come before the Board, even
though Staff may not approve the idea.
Edmonston asked the Board to vote on this.
PRAB motion: Biendara motioned that if a project is not approved by Staff, it
can still be presented to the board. Davis seconded the motion. Motion passed 6-
0-0 by voice vote.
8. Regional Park Update: Connie Edmonston, Parks & Recreation Director
Edmonston stated that there will be a meeting tomorrow. It's moving along.
Bitler asked if it would happen reasonably soon.
Edmonston said she has not heard a date yet:
9. Other Business:
Walker Park Neighborhood Master Plan
Jumper said the charrette went very well. The residents came up with some good
ideas.
10. Adjournment: 6:50 p.m.
Minutes taken by Melanie Thomas
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12/22/00 14;a3 FAX Sol 443 4707
11111RILtANU Co. •.. RICKI HARRINGT N 0006
DEPARTMENT OF THE ARMY PERMIT
Permittee: CNN Properties (NANCHAR, INC. AND MARJORIE S. BROOKS)
Permit tlo.: 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 of any future transferee. The tern'
"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 16 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 U.S. Authorized stream crossings and
associated channelization nclude:
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 chenneliratien.
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
culvert& with a maximum of 100 linear feet of channelization.
5. Van Asehe Ave./Skull Creek - Box culverts with a maximum
of 200 linear feet of ohafnelization.
6, 'Steel Ave/Mud Creek - Bridge with a maximum of 750
linter feet of ehannelitation.
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12/22/911 14:.33 FAX 501 443 1707 M11JI01.1 AND cII. .., if 1C111 Ilan1 Mall\ 1aj 007
2
The project shall be constructed and/or accomplished es shown on
the attached drawings, sheets 1 through 12 of 12, dated
July 22. 1999. .
Project Location: 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 o third party in compliance with General
Condition 4 below. Should you wish to cease .to maintain the
authori::ed 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 p'eviously 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 convenience, a .copy of the certification is attached if it
contain: such conditions.
2000002857
12/22/00 14:23 VAX 501 442 4701
III IJIOIJ.MW CO. ... VICKI IIARRIN171AV Bons
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure
that it is being pr 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
around the crossings as authorized by this permit and as required
in the final hpprovad 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 rites) 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 £loodway until
final uve. 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
90 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 goala. Additional
,mitigation requirements are listed below:
a. An wetland mitigation, you shall dedicate in perpetuity
the area defined by the - Federal.Emergency Management Agency's
1991 flaodway boundary (or reasonable modifications thereof, as
approved by the Regulatory Section), along stud and.Skull Creeks,
2000007RSR
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( 311IJIOLIANO CO. ... MICMI IIARR1NC111N 0009
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the adjacent wetlands along Skull Creek, and the buffer mons
(city greenway belt) along the east unnamed tributary to Mud
Creak (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 provided to the Chief, Regulatory Section, O.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 or concrete post monuments at each corner and every 300
feet between corners. There shall. be signs placed every 1,000
feat identifying the area as a Corps of Engineers Wetland
Mitigation Area.
b. You shall complete all required wetland mitigation work
including plantings by May 32, 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 required 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 pieta 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.) end a survival rate of seventy
percent (70t) 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 national "Dist of Plant *patios that Occur fn Netiands,
with a Legion 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
trees, with the remaining area to be open water.
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811tf0IAANI G0. -.- RIM IIARRINGTnN
f. You shall monitor the stream and wetland mitigation
areas for a minimum of 5 years You shall submit a monitoring
report to the Little Rock District each year by Deeember 31. The
monitor:.ng reports shall contain the following information at a
minimum:
(1) leap of the mitigation area with all sampling plots
marked. Sample plots shall be;consiatent 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 atresm conditions inareas 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.
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mitigati
mitig&ti
period.
further
You shall submit a final report on the success of the
on area, including a wetland delineation of the
.on areas, at the end of the 5 -year initial monitoring
If any element of the mitigation is not successful, then.
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 dse,
including but not limited to: clearing, logging, bnshhogging or
mowing (except 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 Corp, of Engineers.
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12/22/01 14:33 I'AI 501 443 4707
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Further Information:
MIIIIOI.IA.'b CO.
RICKI HARRINGTON MOH
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.
Code 403).
(K) Section 404 of the Clean Water Act (33 U.S. Code
1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limtts of this authorization:
a. This permit does
Federal, state, or local
b. This permit does
exclusive privileges.
c. This permit does not authorize any injury to the property
or rights of others.
d. This permit does' not authorize interference with any
existing or proposed Federal project.
3. Lim:.ts of Federal Liability: In issuing this permit, the
Federal Government does get assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a
result of other permitted or un'permitted activities or from
natural causes.
hot obviate the need to obtain other
authorizations required by law.
not grant any property rights or
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b.
result
of the
Damages to the permitted project or uses thereof as a
of current or future activities undertaken by or on behalf
United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
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d. Design or construction deficiencies associated with the
permitted work.
e'. Damage claims associated with any future modification,
suapens:.on, or revocation of this permit.
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12i22/00 14:17 FAX Sol 443 4707
4. Rell
office t
interest
5. Reev
its deci
warrant.
include,
'a.
permit.
b.
applicat
(See 4 a
a111fOi.I4tNU cn. .4. lICKI HARRINGT1P1 PijO02
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ance on Applicant's Data: The determination of this
hat issuance of this permit is hot contrary to the public
was made in reliance on the information you provided.
aluation of Permit Decision: This office may reevaluate
sion on this permit at any time the circumstances
Circumstances that could require a reevaluation
but are not limited to.the following:
1
You fail to comply with the terms and conditions of this
The information provided by you in support of your permit
ion proves to have been false, incomplete, or inaccurate,
zove).
c. Significant new information surfaces which this office
did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures
such as .hose contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay far any
corrective measures ordered by this office, and if you fail to
comply w:.th such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the
Cost.
6. Extensions: General Condition 1 establishes a time limit for
the completion of the activity authorized by this permit. Unless
there arc circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to
a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and
agree to comply with the terms and conditions of this. permit.
N•7rCHARAITE S. SIMS, 5U.-
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.SC S /
NANCY S. IBr;44NNu et, INC.
ORATE)
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MIIJxn.1ANU CO. •-•. MICR! IIARRI sums 00o3
This permit becomes effective when the Federal official,
designated to act for the Secretary of the Army, has signed
below.
h if
omas o en l UA ' )
Colonel, Corps of Enyi eers
District Engineer
When the structures or Mork authorized by this permit are still
in existence at the time the property is transferred, the terms
and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
Attaahmont
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PO* .THE FAYETTEVILLE PLANNING COMET$SION
AND THE FAYE'CPEv3LLE CITY COUNCIL,
This ins day of sc,� 1995, the RESIDENTS OF
CENTERDROOK SUBDIVISION, hereinafter referred to as "Residents"
and NANCHAR, INC. and MARJORIE. S. BROOKS, hereinafter referred to
as "Developers" hereby submit the following for consideration:
I. BACKGROUND.
1. The Developers have submitted an application for the
rezoning of certain real property immediately adjacent to the
east and north boundaries of Centerbrook Subdivision.
2. The Residents, through their designated representatives,
have expressed to the Developers their concerns in regard to such
development and their desires -to preserve the character of .their
neighborhood.
3.
reached
Exhibit
Through negotiation, the Residents and Developers have
certain agreements in regard to the property described in
"A", attached hereto and made a part hereof.
II. AGREEMENT.
1. RESIDENTS: Contingent upon approval by the Planning
C...amissien and the City Council of all sections and clauses of
this agreement, the Residents hereby express their support of
rezoning requests R95-24 and Rl-25.
2.> DEVELOPERS: Contingent upon approval by the Planning
Commission and the City Council of rezoning reauests•R95-244
and
R95-25, the developers agree as follows:
a. The Developers agree they shall not request or
'pursue the opening of Northwood Avenue. Further, they agree t�
support the residents and advocate to the Planning Commission and
the City Council that Northwood Ave. shall remain closed.
b. The Developers shall reserve on the final plat and
in the subdivision covenants a 20' strip running adjacent to and
along the entire 'east boundary and a 15' strip running adjacent
to and along the entire north boundary of Centerbrook
Subdivision as a "natural buffer". Such buffer shall serve as a
'oise and sight buffer between the two zoning districts and shall
:emain in its natural state.
c. Developers shall require the placement of a solid
ence or a masonry wall not- less than 6 feet in height along the
•amt boundary and the north boundary of the natural buffer. The
:rials used.shall be consistent and compatible with the •
Exhibit "E" - Centerbrook Covenants
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materials used for the building construction. Such requirements
shall be reflected"on the final plat and in the subdivision
covenants.
d.• Developers hereby agree to calculate the rear
setback from the fence provided for in c. above, instead of the
rear property line. This yields a ninimum of a 40' building
setback, in lieu of a 20' setback from the subdivision boundary,
on the east, and yields a minimum on a 15' building setback, in
lieu of a 20' setback from the subdivision boundary, on the
north: These building setbacks will be reflected on the final
plat and in the subdivision covenants.
e. Developers agree to:calculate the height
regulations set forth in the Code of Fayetteville from the
placement of the fence. instead of the subdivision boundary, and
such shall be reflected on the final plat and in the subdivision
covenants.
1: Developers agree to impose restrictive covenants,
in regard to the construction material allowed, which are
consistent with those covenants imposed in the CMN Business Park -
South.
g. Developers shall design and construct a drainage
system in compliance with the Drainage Control Ordinance and the
rainage Design Manual of the City of Fayetteville. The drainage
.lan shall address all drainage adjacent to the Centerbrook
Subdivision and shall provide.for a system to relocate the
drainage onto the Developers",Property. The system shall be
approved by the City•Engineer of the City of Fayetteville.
.
h. Developers agree, to restrict:the following•uses
which may otherwise be allowed in a C-2 zone for that area
described in Exhibit "A": (those areas stricken are designated
below with the letter, word or phrase stricken out).
USES BY RIGHT:
Unit 1 - City -Hide Uses by Right
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- consists of public uses, essential services, agricultural
uses, open land uses, and similar uses which are either subject
to other public. controls or which do not have significantly
adverse effects on other permitted uses and are, therefore,
permitted as uses of right in all districts.
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2
Includes:
Acricultural, forestry, and fishery:
fields crop fares
fishery
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forest
fruit; tree; and vegetable farm
-Essential services located in public rights-of-way:
fire alarm box
fire hydrant
passenger stop for bus
police alarm box
sidewalk
street, highway, and other thoroughfare street
signs, traffic signs and signals
utility main line, local transformer and station
and•similar facilities customarily located in
public right-of-way
-Recreation and related use:
arboretum
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historical -marker •
park area
parkway
wildlife preserve
=water facilities:
. reservoir (open) •
.watershed conservation or flood control project
Unit 4 - Cultural and Recreational racilities
- consists of cultural and recreational uses to serve the
residents of the community.
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includes:
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-art gallery, library, museum
-child care center, nursery school
- church
-college or-eniversity
• -dormitory
-auditorium
.estadium
• -community center
-detention-hone
-golf courses
-hospital
-park
•-playtield, playground
-pr=vete-elub-o_-?edge
-riding stables
-school (elementary, junior high, senior high)
-swimming pool
- tennis court
-theater (legitimate)
-too
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Unit.12 - Offices, Studios and Related Services
-consists of offices, studios, medical and dental labs, and
other compatible or supporting services and sales.
includes:
-advertising agency
-artist's studio
-barber and beauty shops with six or few chairs
-computing service
-data processing service
-drafting service -
-dental clinic
-financial institution
-funeral home
-medical clinic
-office buildings •
-social and welfare agencies
. -studio for teaching any of the fine arts
-sales of supplies and equipment:
architects and artists supplies
business machines
dental supplies
medical and optical supplies
office furnishings
scientific instruments
- services:
euto-parking-gerage•
blue printing
employment agency
photo copying
printing
ticket office (transportation and amusement)
travel agency
veterinary small animal out-patient clinic
IInit 1,3 -- -Sating—Plaeee -
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- t -ab Seed-ee--th r?. 1-ael ar noo'3o4_
ntrodi" -ng-.other—eonmcrcial tit es, -
-inc'__dczt
3. te.).
14.1- - deee`It e---enteseainraent
NOTE! No Fast Food
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*init-&4---Hote17-Hotel-and-Amusement-Facilities .
consists-of-hotelo -Hotels-and-certain-typed-of-amusement
facilities-
ineiudes-
auditorium
donee -hail
hotel
uembership-}edge
motel
motion-pietere-theater
n=ght-elnb
resteurent-prov&ding-done=ng-ond-for-entertainment
tavern
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Unit 15 - Neighborhood Shopping Goods
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- variety of frequently purchased commercial goods, where
convenience of location is more important than comparative
shopping. These uses are grouped in limited areas while'
prohibiting all others not necessary near the residential areas.
includes:
-retail'trade:
• bookstores
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food: d.
bakery
food specialties, store
dairy products
t,•t'' grocery ,
f
f delicatessen
health food store
drug store
florist
hardware store
home furniture store
service establishment
dry-cleaning
barber and beauty shop
laundry
news and Magazine stand
leundry-feoin-operated+
service-neat=on
picture framing (retail)
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