HomeMy WebLinkAbout118-08 RESOLUTIONRESOLUTION NO. 118-08
A RESOLUTION ACCEPTING A DONATION FROM STEELE
CROSSING INVESTMENT III, LLC OF APPROXIMATELY 5.06
ACRES OF REAL PROPERTY FROM PARTS OF LOTS 8 AND 14,
CMN BUSINESS PARK II.
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 a donation from Steele Crossing Investment III, LLC of
approximately 5.06 acres of real property from parts of Lots 8 and 14, CMN
Business
Park
II.
PASSED and APPROVED this 3rd day of June, 2008.
APPROVED: ATTEST:
By:
hA
DAN COOD , Mayor,
`...`.RK/TR..''..,.
• •• <.%-•'..:
=U
:FAYETTEVILLE•
'.941:91kANSQ:• JEFF
?;;vGTON GO�.•
OCkAittalau.By:
SONDRA SMITH, City Clerk/Treasurer
SS _ _ . SIM
H
r 1)
• %lc
•
.
•
•
rit
igtp
A
o
r - n 7\,>7
!
1 1',
•
r
•
•
/ /
a f 1
• t
•
., , 1
� f. ` / 1 1 - �l
f. •
-e, d• - •
tI
J� s? �9
IiktiAg ' 4,y 1
"• ?.
psi rifg
11
41e: fbiti;
•
tom...T:77n % •
.•�+wgrd.t
...ire.,•
.- „ 9 pi11 +frMv�•r. _ - ',.. .�
I
1
it
Carole J f% onnie Edrnbnston
submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
3 -Jun -08
City Council Meeting Date
Parks and Recreation
Division
Action Required:
kes
413/a8
l/ g
,2_a/e Oassay
/h wft
Operations
Department
Approval of a land donation proposed by Steele Crossing Investment III, LLC for approximately 5.06 acres of land
associated with CMN Business Park II Lots 8 and 14 east of Steele Boulevard, west of Mall Avenue and north of
Van Asche Drive.
$0.00
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
Date
sin r
City Attorney/ Date
4J, Q. LL
5- VI -or
Finance and Internal Service Director Date
'Comments:
if
)�Lf
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
mil
City Council Meeting of June 3, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connie Edmonston, Parks. and Rec eation Diiato
From: Carole Jones, Park Planner
Date: May 16, 2008
RE* CMN Business Park II Lots 8 and 14 Land Donation
RECOMMENDATION
Approval of a land donation proposed by Steele Crossing Investment III, LLC for
approximately 5.06 acres of land associated with CMN Business Park II Lots 8 and 14
east of Steele Boulevard, west of Mall Avenue and north 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 5.06 acres of this
deed restricted land.
Steele Crossing Investment III, LLC donated approximately 17.9 acres of land associated
with CMN Business Park II Phase III (15 39 acres) and Lot 5 (2.49 acres) to the City of
Fayetteville in October 2007. These parcels will accommodate the construction of north
Scull Creek Trail Additionally, the owner of Phase III (Leonard Boen) has dedicated a
public access easement for a portion of Scull Creek Trail that lies between the two land
donations.
The proposed 5.06 -acre land donation is located in CMN Business Park II Lots 8 and 14.
(See enclosed colored 11" x 17" exhibit.) This additional parcel will provide a
continuation of green corridor in accordance with the City Plan 2025 goal of assembling
an enduring green network, and could possibly accommodate a future nature trail loop
connecting to Mud Creek Trail. The proposed land donation was approved by the Parks
and Recreation Advisory Board on May 5, 2008 (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. Mitigation and
monitoring of the deed restricted land is complete (see enclosed letter from the U.S.
Army Corps of Engineers).
Page 1 of 2
City Council Meeting of June 3, 2008
Agenda Item Number
BUDGET IMPACT
This land donation is expected to have minimal impact to the Parks and Recreation
budget. The deed restriction classification limits the use of the land and results in very
little maintenance.
Attachments:
Steele Crossing Investment 111, LLC Letter
Colored 11" x 17" Exhibit
PRAB Minutes May 5, 2008
U.S. Army Corps of Engineers 404 Permit
U.S. Army Corps of Engineers Letter
Page 2 of 2
RESOLUTION NO.
A RESOLUTION ACCEPTING A DONATION FROM STEELE
CROSSING INVESTMENT III, LLC OF APPROXIMATELY 5 06
ACRES OF REAL PROPERTY FROM PARTS OF LOTS 8 AND 14,
CMN BUSINESS PARK II.
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 a donation from Steele Crossing Investment III, LLC of
approximately 5.06 acres of real property from parts of Lots 8 and 14, CMN
Business Park II.
PASSED and APPROVED this 3rd day of June, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
STEELE CROSSING INVESTMENT 1, LLC
P.O. Box 22407
LITTLE ROCK, ARKANSAS 72221-2407
(501) 219-0919 TELEPHONE
(501) 219-0755 FAX
July 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands— Lots 8-14, CMN Business Park II, Phase I
Ladies and Gentlemen:
This letter will confirm the intent of Steele Crossing Investment 1, LLC, or an affiliate
(the "Owner"), the owner of certain lands located on parts of Lots 8 and 14, CMN Business Park
II, Phase I, to donate certain lands located within the Deed Restricted Area to the City of
Fayetteville. The Owner proposes to deed the Restricted Area shown on Exhibit A to this letter
(the "Property") to the City in fee simple absolute for use by the City subject to the restrictions
and obligations imposed on the Property under the Restrictive/Protective Covenants and or Bill
of Assurance for CMN Business Park 1I, Phase I & II, filed of record in the records of
Washington County, Arkansas, as well as the Deed Restrictions described in the Notice of Deed
Restrictions initially filed December 14, 1999 (the "Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of Engineers which is attached as an exhibit to the Restrictions. Under the Permit, the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. As evidenced by the letter of the Corps of Engineers dated February 16, 2007, the
required mitigation has been successfully completed and the monitoring period has expired.
Upon acceptance of the Deed, the City would be responsible for the monitoring and obligations
of the owner of the Property under the Restrictions and Section 404 Permit. The assumption of
these obligations will be set forth on the deed to the City.
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
1
1
1
1
1
1
1
1
•
1s
will execute such documentation as required by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property for the further preservation of the Mud Creek Area for the benefit of the City and its
residents.
If you have any questions, please do not hesitate to call me.
Sincerely,
�-✓ 00!- - M9,
Steele Crossing Investment 1, LLC
Leonard Boen, Manager
cc: Mr. Mike Morgan, McClelland Engineering
2
EXHIBIT A
1
1
1
1
1
1
LOTS
AREA
17.41 ACR5
11
1
TOTAL LANG AREA 22.75 ACRES
VA DEED RESTRICTED AREA
5.06 AC
McClelland
Consulting
Engineers
Incorporated
CMN BUSINESS PARK
LOTS 8 & 14
DEED RESTRICTION EXHIBIT
FAYETTEVILLE, ARKANSAS
Little Rock
900 W. Markham
Fayetteville
1810 N. College
APPROVED
MGM
SCALE
NTS
RAYM BY
LAM
OB. NO.
FY062183
LATE
AUG. 2007
IELD BOOK
FIGURE N0.
• •••• • •
• 1 • •. • ••
• • 4 • • • • •
• . ••• • • • •i• •
• • • • • • • • • • • •
• • • • • • • • •
• • • 4 • • • • •
• • 0 • • • • • •
• • • •• • • • • •
• • • 4 • • ••
• • • • • • •
• .• • •• • • •
• • • • 4 • 4461
• • • •4 • • •
• • • • • . •r
• 0• • '' 0 ••• • • • •
i •• • 0
•
•
4.
w.
roe— V
�tr-
•
w.aarr.w
311N3AV 9032fo
abbn3"nca 31331S
J
. q. ,r_ •e dr .'• , a ?L.)
•r a., i' • t F1•
4.
••
•
t•
•
iIPZ �1
.
1 ` II . r
•
•,
•
-
•
• i
•1 -
1
•
••
it
(1')
Ca
C/1 Li
W V
Z �
(..") 1—
D
—
Dw
m�
Z 0
U w
0
'2
10
4,
�• l
. .4.
• •
i 5r.
91
•
1 'r,
• 4 - -se
--411.. •P.
?• w
Plir
b hit Asa
• 7■■11 t riJ
' �.ss
jai Ills a •
0
2
W
ce
3
r
N
0
0
< Q
0
0
00
oc M
a
a
•
.f
•
a es"
row
r •
•
Lthe
•
•
•
a
,.•
I re
V
Y'
$ h•
0 ' r
e•'
. .
•
. .tom
•
lkrt
•
FAYETTEVILLE
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes May 5, 2008
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by Parks
and Recreation Board member Wade Colwell at 5:35 p.m. on May 5, 2008 in Room 326 at the
City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Present:
Park and Recreation Advisory Board members Davidson, Biendara, Waite, Hatfield, and Bitter,
P Jones, Mauritson and Colwell were present. Park Staff Edmonston, Wright, Thomas, C. Jones,
Jumper, Trails Coordinator Mihalevich and the audience were in attendance.
1. Park Land Donation: Carole Jones, Park Planner
Project History: Developer donated approximately 15.39 acres of CMN Business Park
Phase III and 2.49 acres of Lot 5 to the City of Fayetteville in October 2007. The parcels
will accommodate the construction of north Scull Creek Trail. The land is currently under
deed restriction by the U.S Army Corps of Engineers. Additionally, the owner of Phase
III (Leonard Boen) has dedicated a public access easement for a portion of Scull Creek
Trail that lies between the two land donations.
Development Name:
Engineer:
Owner:
Location:
Park District:
Existing Parks:
Developer's Request:
CMN Business Park Lots 8 & 14 Land Donation
McClelland Consulting Engineers, Inc.
Leonard Boen
East of Steele Blvd.; west of Mall Ave.; north of
Van Asche Drive
NW
Mud Creek Trail and future Park West
Developer is requesting to donate approximately
5.06 acres of Lots 8 and 14 to the City of
Fayetteville. This additional parcel will provide a
continuation of green corridor in accordance with
the City Plan 2025 goal of assembling an enduring
green network, and could possibly accommodate a
future nature trail loop connecting to Mud Creek
Trail The land is currently under deed restriction by
the U.S. Army Corps of Engineers. Mitigation and
monitoring of the deed restricted land is complete.
The deed restriction classification limits the use of
the land and results in very little maintenance.
Staff Recommendation:
Staff recommends accepting the additional land
donation and forwarding to City Council for final
approval.
Hatfield commented that it is a deed restricted area. He asked that if we didn't accept the
donation, how would this impact the developer..
C. Jones said that low impact amenities could be done, but not much else.
Hatfield asked what the requirement was to monitor this land.
C Jones answered that the monitoring is complete, but the Corp restrictions still have to
be maintained.
Hatfield asked that if we take the land as a donation, will the tax be collected.
Colwell said the City might be losing property taxes from the property.
Mihalevtch said that if we want to do anything with the property, we would have to deal
with the Corp.
Colwell asked if it was located in a wet area.
Mihalevich said that it wasn't as wet as some other areas.
Edmonston said she would find out about the property taxes.
Hatfield said that since it is a deed restricted area, what is the City's responsibility for the
drainage.
C Jones said that she didn't recall.
Hatfield said that if there was a massive flood, Parks wouldn't have to go in and restore.
Mihalevich said that if the flood damages the bridge, Parks would have to repair.
Bitter said that we have accepted several of these already.
C Jones said that the deed was supposed to be all signed off before this meeting, but it
wasn't. The deed can be done as conditional.
PRAB Motion: Hatfield motioned to accept the land donation with signatures. Davidson
seconded it. Motion passed 8-0-0 by voice vote.
12/22/90 14:33 FAX 501 443 4707 121. ••• PICK] AIARRINCFON 0000
DEPARTMENT OF THE ARMY PERMIT
Pertnittee: CMN Properties (NANCHAR, INC. ANO MARJORIE•S. BROOKS)
Permit 41o.: 11252-3
Issuing Office: Department of the Army
Little Rock District
P.O. Box 867
Little Rock, Arkansas 72203-0867
MOTE: The term "you" and its derivatives, as used in this
permit, means the permittee or any future transferee. The term
"thio 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
sitting ander 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 materiel
associated with temporary road crossings,, permanent roads and
bridges, utility lines, and commercial development of 18 parcels
of land to include strip malls, offices, and parking areas. The
phased development would fill approximately 13.5 acres of
wetlands. The bridges would impact approximately 1 acre of
additional waters of the 1,1.6. Authorized stream crossings and
associated ohannelizationanclude:
1. Mall Ave./Mud Creek - Bridge with no cbannelization
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 channeliration.
3. Shiloh Dr./Meat Unnamed Tributary to Skull Creek -
Culvert with wetland impacts only.
4. Ven Asche Ave./East Unnamed Tributary toHMud Creek Box
culverts with a maximum of 100 linear feet of ohannelization.
5. Van Asche Ave./Skull Creek Box culverts with a maximum
of 200 linear feet of ohannelization.
6. 'Steel Ave/Mud Creek - Bridge with a maximum of 750
linear feet of channelisation.
•
•
J
J
U
J
7
1
1
1.
1
1
1
7
12/22/00 14:33 FAX 501 443 4707
NIIJIbLLAFf CII. 4 NICKI HANNINC'PIN en07
The project shall be constructed and/or accomplished ea 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 21., R. 30 W.,
Fayetteville, Washington County, Arkansas.
? ermit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on
D ecember. 91, 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 requitement if you
abandon the permitted activity, although you may make a good •
faith transfer to a third party in compliance with General
Condition 4 below. Should you wish to cease.to maintain the
authori::ed activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this
permit frost this office, which may require restoration of the
area.
for
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
contains such conditions.
2000002857
4
12/22/00 14:20 VAX Sol 441 4707
MIIMOILAjl, cY. ... IIICKI MARRINGT0N Wona
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure
that it is being or hat been accomplished in accordance with the
terms and conditions of your permit•.
Special Conditions:
1. You shall• not chennelize or otherwise manipulate idly 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 approved mitigation plan. To the maximum extent
practicable, all work shall occur during low flow periods.
2. :You shall install and maintain, et all times, required
elements of .the Erosion Control Plan (SCP). 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 mites) 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. Yon shall
either deposit the material directly into the created wetlands or
stockpile and maintain the material outside of the floodway until
final use. The stockpile shall be maintained in a condition to
promote growth of native hydrophytic vegetation when reused in
the miti.gatien area.
4. You shall field mark and preserve, from any construction
activities, all wetlands being avoided by this permit, donor
sites, stockpile areas, and any wetlands created for mitigation.
5. You shall submit a comprehensive mitigation plan which
incorporates all features of the previously submitted conceptual
mitigation plan, for approval, to the Little Rock District within
30 days of the date of this permit. The plan shall include maps
and/or drawings of mitigation measures (both in -stream and
wetlands), earth work and structure details, final elevations,
areas of approved limited activities such as mowing, test -plot
locations, plantings species list, monitoring requirements,
mitigation site markers, and succession goals. Additional
mitigation requirements are listed below:
a. As wetland mitigation, you shall dedicate in perpetuity .
the area defined by the Federal Emergency Management Agency's
1991 floodway boundary (or reeaonable modifications thereof, es
approved by the Regulatory Section). along Mud and. Skull Creeks,
2000002RSR
•
12/22/110 14:33 FAX 001 443 4707
•
AIIJIOIJA\11 01. no CCM IIARRIK(TlN Omni
the adjacent wetlands along Skull Creek, and the buffer sone
(city greenway belt) along the east unnamed tributary to Mud
Creek (totaling approximately 50 acres). The mitigation area
shall be mapped by a gegistered land aurveyor• The map shall + be
identified as Exhibit "A." You must take the action required to
record this permit .and the notice of deed restriction, including
Exhibit "A", with the Registrar of Deeds in Washington County,
Arkansan. Documentation of the deed restriction recording shall
be prov:.ded to the Chief, Regulatory Section, D.S. Army Corps of
Engineers, P.O. Box 867, Little Rock, Arkansas 72203, within 60
days of the ibsuance 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
feet identifying the area at a Corps of Engineers Wetland
Mitigation Area.
b. You ahall complete all required wetland mitigation work
including plantings by May 31, 2000. You shall complete all
requirect 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 shell indicate the g4;sral location of these container trees
on the final -mitigation plan.
d: You shall establish and field mark a representative
number of teat plots to use in annual sampling for monitoring
reports. The same plots shall be used each monitoring period.
e. After planting, the mitigation site shall be monitored
(see special condition 5d above.) and a survival rate of seventy
percent (70%) or 49 saplings per acre shall be achieved. Sn 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 Matto/lel List of Plant Species that Occur in Wetlands,
with a Region 2 indicator of FAC or wetter. Replanting each
year, as necessary to achieve the 49 sapling per acre survival
rate, shall be done for a minimum of five (5) years. Herbaceous
hydrophytic vegetation shall achieve greater than 50 percent
(50%) of, available ground cover in created wet.meadow mitigation
areas, rith the remaining area to be open water.
gnnnfln9RS9
r
9
12/22/00 14:33 FAX 501 443 4707
NIIJIOLI.AW GO. 4.a RICK! IIARRING"LON 0010
•
f. You shall monitor the stream and Wetlandmitigation
arias for a Minimum of S years. You shall submit a Monitoring
report to the Little Rock Diatrict each year by December 31. The
monitor::ng reports shall contain the following information at a
minimum:
(1) Map of the mitigation area with all sampling plots
marked. Sample plots shall be Consistent year to year.
(2) The counts of all planted and native volunteer
saplings within the mitigation areas, observations of natural
rogeniretien 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 hydrophytic vegetation
developing on the mitigation site.
(4) Description of hydrology at the tithe of the report.
Description of hydrology fluctuations during the reporting
period end actions taken to maintain adequate hydrology for the
survival of the plantings.
(5) Descriptions of stream conditions in areas of
required stream mitigation.
(6) Photographs of key f the wetland and Stream
mitigation areas. Location and direction of photographs shall be
shown on the map in (1)lebove.
h.
mitigati.
•mitigeti.
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 isnot successful, then
pians 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 dee,
including but not limited to: clearing, logging, bushhogging or
mowing lexcept in pre -approved areas clearly identified within
the final mitigation plan), spraying with herbicides, filling,
levelling, draining, dumping, construction, of any structure, or
any other activity that would adversely impact the natural state
of the area. Natural resource management, wildlife enhancement,
or floodplain management activities involving alteration of the
property or vegetation thereon would require prior written
approval from the Little Rock District Corps of Engineers.
20'00002260
9
J
r
0
J
J
12/t3/9a 14:33 FAX SO4 443 4T07
•
Further Information:
1111J101J.0) CO. ... MICKI 11ARRIX(111X 64011
1. Congressional Authorities: You have been authorised to
undertake the activity described -above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.
Code 403).
(X) Section 404 of the Clean water Act (33 U.S.
( ) Section 103 of the Marine Protection,
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. ).ins:.ts of this authorizat-ion:
Code 1344).
Research and
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This, permit does not grant any property rights or
exclusive privileges.
c. This permit does not authorize any injury to the -property
or tights of °theta.
d. This permit does' not authorize interference with any
existing or proposed Federal project.
3. Lim..ts of Federal Lipbilitye in issuing this permit, the
Federal Government does net assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from
natural causes.
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
unpermil:ted activities or structures caused by the activity
authorized by this permit.
d. Design or Construction deficiencies associated with
permitted work.
e'. Damage claims associated with any
suspena:.on, or revocation of this permit.
•
the
future modification,
•
1:2/22/69 14:17 FAX 501 443 4707 •MIUtOhJA%II CO. ++. fIGKI IIARRIN(mIt'
4002
0
U -7-
r 4. Reliance on Applicant's Data: The determination of this
LJ L! office that issuance of this permit is hot contrary to the public
interest was made En reliance on the information you provided.
5. Reevaluation of Permit Decision: This office may reevaluate
Lits decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation
include, but are not limited to,. the following:
a. You fail to comply with the terms and conditions of this
permit.
flu b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate..
(See 4 above).
Qc. 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
IUI such as :hose contained in 33 CFA 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
0 conditions of your permit and for the initiation of legal action
where appropriate. You 411 be required to pay fox any
corrective measures ordeeed by this office, and if you fail to
comply w:.th such directive", this office may in certain situations
CI (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the
cost.
fl�I 6. Extensions: General Condition 1 establishes a time limit for
the completion of the activity authorized by this permit. Unless
there art circumstances requiring either a prompt completion of
r 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.
(DATE)
fl LI QUkRIOM S.-STEELE. SEC. .7NC.
NANCY S. .![IIB&CK, .- , INC.
2000002862
Attachment
12!22/00 14:17 VAX 501 443 4707 RIIAtII ASn CO. .... AICKI MRRINI nIN
-e-
This pe::mit becomes effective when the Federal official,
designated to act for the Secretary of the Army, has signed
below.
omas . o en
Colonel. Corps of Engi eers
District Engineer
When the structures or work 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 owners) 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.
(DATE)
0001
1 nn tt„n e7
UEli
U
CThis _ n+ _ day of V sc , 1995, the RESIDENTS OF
CENTERBROOK SUBDIVISION, hereinafter referred to as "Residents"
and NANCNAR, INC. and MARJORIE S. BROOKS, hereinafter referred to
as "Developers" hereby submit the following for consideration:
I. BACKGRO.L'ND.
o1. 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.
C3. Through negotiation, the Residents and Developers have
reached certain agreements in regard to the property described in
Exhibit "A", attached hereto and made a part hereof.
II. AGREEMENT.
1. RESIDENTS: Contingent upon approval by the Planning
C....amission and the City Council of all sections and clauses of
this agreement, the Residents bereby express their support of
rezoning requests R95-24 and R95-25.
2. DEVELOPERS: Contingent up*on approval by the Planning
Commission and the City Council of rezoning requests. R95-24•and
0 R95-25, the developers agree as follows:
a. The Developers agree they shall not request or
0 'pursue the opening of Northwood Avenue. Further, they agree tb
support the residents and advocate to the Planning Commission and
the City Council that Northwood Ave. shall remain closed'.
0
0
0
0
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
zo and along the entire north boundary of Centerbrook
Subdivision as a "natural buffer". Such buffer shall serve as a
loise and •sight buffer between the two zoning districts and shall
:emain in its natural state.
C. Developers shall recuire
ence or a masonry wall not. less than 6
at boundary and the north boundary of
trials used.shall be consistent and
the placement of a solid
feet in height along the
the natural buffer. The
compatible with the
0 Exhibit "E" - Centerbrook Covenants
0
0
flnaterials 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 minimum of a 40' building
setback, in lieu of a 20' setback from the subdivision boundary,
on the east, and yields a minimum on a 35' building setback, in
lieu of a 20' setback from the subdivision boundary, on the
fl 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
0 covenants.
f: 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.
0
0
0
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
Ilan shall address all drainage adjacent to the Centerbrook
Subdivision and shall provide .for a system to relocate the
drainage onto the Developers " ,5roperty. The system shall be
approved by the City Engineer of the City of Fayetteville.
whII ich may
described
below with
h. Developers agree to, restrict'the following uses
otherwise be allowed in a C-2 zone for that area
in Exhibit "A": (those areas stricken are designated
the letter, word or phrase stricken out).
fl USES BY RIGHT:
Unit 1 - City -Hide Uses by Right
- 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.
Includes:
-Acricultural, forestry, and fishery:
fields crop farms
fishery
2
7Annn..
L1. ..,
U
G
rf forest
U fruit; tree; and vegetable farm
-Essential services located in public rights -of -way:
U. 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
0
-Recreation and related use:
arboretum
U. historical• marker
park area
parkway
r, wildlife preserve
U-water facilities:
reservoir (open)
watershed conservation or flood control project
aUnit 4 - Cultural and Recreational Facilities
- consists of cultural and recreational uses to serve the
residents of the community.
includes:` ri -art gallery, .ibrary, museum
-child care center, nursery school
0 (! -church
-college or-nn_vere_ty
• dormitery
{� -auditorium .
J etad=em
• -community center
D -detention-hone
-golf courses
-hospital
-park
fl--playfield,playground
— -pr vbte-abb-or-osge
-riding stables
O -school (elementary, junior high, senior high)
-swimming pool
-tennis court
-theater (legitimate)
fill -Moo
3
Uflnnnnnnnio
0
0
U
I
0
0
0
0
0
0
0
0
11
0
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:
ette-park=ng-gerege'
blue printing
employment agency
• photo copying
printing
ticket office (transportation and amusement)
travel agency
veterinary small animal out -patient clinic
SY �teneing Scn`e-`atnneat.
•
k NOTE: No Fast Food
r
t
•
,nnnnn9Rca
Q
C
0
0
0
0
0
�•trit-i4---Hete};-Hote}-and-?unn�ement-Faei}xtiea .
------eens=sts-ef-=of=?s--mete?s-und-eertnin-types-of-amnscment
EaeHtes-
-----ineludeso
------dance-han
------hotel
------membership-edge
- mete?
--motion-psetnie-theater
----night-elnb
------restanrnt-p�ov�ding-dnne_ng-and-fer-enterteinment
--- -tavern
QUnit 15 - Neighborhood Shopping Goods
variety of frequently purchased commercial goods, where
O 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:
a -retail' trade:
fl bookstores
•4
food:
Q bakery.
food specialties, store
C� dairy products
delicatessen
O health food store
drug store
florist •
hardware store
home furniture store
service establishment
dry-cleaning
fl barber and beauty shop
• laundry.
news and magazine stand
a ?eundry-fcoin_operatedt
service-stet_on
.picture framing (,retail)
U
rI
J onnnnnooen
0
LI
I
I
0
0
0
0
0
U
0
0
0
0
0
Unit 16 - Shopping Goods
-stores selling retail goods
less frequently and often have -a
market.
U.
6
includes:
which are ordinarily purchased
community -wide or regional
-retail trade establishment:
antique shop
apparel and accessory
clothing
fur apparel
?4quer-stele
millinery
shoe
tailoring •
,•
-automotive-marine craft establishment:*-
auto-ceeeeiory-store
eeto-se:ea •
'boat-and-eceezerres'
bicycle shop
book store
camera shop
dry goods
garden supply
-general merchandise establishment:
'department store
mail order
trading stamp redemption store
hardware store
hobby shoo '
home furniture:
appliances
china
glassware
draperies
curtains
floor coverings
furniture
music instruments
radio and television store
record and tape shop
jewelry
leather goods and luggage
optical goods
pet shop
sporting goods
stationery store
toy shop
-service establishments
branch community facility.
•
0
0
U
0
0
0
0
I
0
0
0
'I
-'- beete-end=eeecsaor:es
medical and'orthopedic appliances
personal help:
- hoaaasl
---------------aett:eneer
ba=be= and beauty shops
b=-_cry
--------------=eey6-et-Weise=
-------
°re=e--'oe2-?ocher
'drapery service
dry cleaning
�ee:`•drY
1.-ez-supply-and-:ndastrin4-laundry
rug cleaning
tex:derh:st
-----=-----rGpe$r-merviec-
----------- --- -et te-=epa=r
•-----..-------- -at te-wn9h
--S.------------hett-e9,GO
---------------hetn_9
radio and television repair
shoe
• taildring
.ter rSe- -aft
0 Hatt-�B---6nse1ine-Service-Stntiona;and-thrive-Yn-Restnarnnt
-------gnaoline-serv_ee-stet_ers-end-c'rsvG-in-respanrnnta-cnn-be fl 9:ynificnnt?y-eb;ect6anebcG-to-henrby-naes--ae--therefore;-have
U b cen-nowed-eny--datr_cts_whe_e-r+eeessery-te-,prodxde-ths3
CaG-
Li-----ine}nde2r
------gnseiine-aerv:aG-stct_en
------se?f-ee_v:ee-eeto-wesh-=n-eonjnnetian-w=th-
=--------ogage?:-e-3ervtce-atot:on
—-----dr=Ye-Cn-rG,teCrGht
II
Li
Hn:t-39--Eommetein,-Recrentson
0 ------connecc=c.-eaeae5e-is-wh:cis-ord=nariiy-de-nnt-requ6re-ierge
a =tes-.end-oftcc-ae_4-?eeet_or.-en-or-neat-dGvc1oped-eorinercin1
Eli'
IJ
0
D
ci
U
U
O
U
U
U
U
U
U
D
Li
U
U
U
U
1i
-br__eerd-end c„c- =
-? par_o-
`------bow$:ng-a}ley
------2ea:no
------aketng-rink
-" --penny-arcade
_ndoor-theater
Hnit-ag---Eemmereie}-Rcercntion-=T-nzge-Sites
------eenmere:a?=recreation-feet?St�e9-which-are-u9ec??y
Ccndeete!-ant-ef-deern7-on-}arge-s_te9--and-in-undeveloped;
eefly=^g-perta-e°-the-e_tyc--u9e9-=n-the-unit-have-an-adverse eE5ect-on-ecrtein-ether-nse9;-_n-that-they-are-often-notay-end
are-large=traff=e-ge.,e=ator9-
-----5�e:ededc
------eat:aement=pert
------2req-strip
------drive-in-theater
--=---e6rgreund9 .
------qe=cart-track
------ra_n;ttnrc-ga?f
------race-truck
Hn4t-?k---6utdoor-ltdvertiding
oeedeor-ndvert_sag-9ign9-Ebi}}botr?a-on-wh=eh
spscc-=a-:eased-er-re1ted-by-the-ow:jern-thcreef-to-ot%ers-for-tLe
pnr�c9c-a_-convey:ng-e-connare=e_-er-noneorrfiere_e?-ne_acge--
OC��OCr-etYCrtt9tng-.a-set-f girth-e9-e-Single=ouchnna-_r.-erde_-to
prow=dc--,ex:anm-control-over-the-=oention-e�-outdoor-edvertining
• NOTE: It is our understanding that Use Unit 25 is also an
allowed use in a C-2 zoning district.
Unit 25 —Professional offices
-small professional offices that are compatible with medium
end high density residential areas.
9
includes:
-o€lice for no more
-office for no more
-insurance sales
than four doctors
than four dentists
2000nn9n71
D •
D
D -studio for teaching any of the fine or liberal arts
photography studio
-welfare agencies
D -architect
fl engineer
attorney
-accountant
D -business or management consultant
-realtor
broker
D-interior decorator
-veterinary small animal outpatient clinic
DCONDITIONAL USES:
Unit 2 - City Wide Uses by Conditional Use permit
D-uses which may be conducted anywhere in the territorial
jurisdiction, but which can be objectionable to nearby uses and
are therefore permitted subject to conditional use permits in all
D district.
includes:
fl D -.public and private facil-sties:
l� antique shop
e.sport,-'?y=n9-f_e?ds-ene+-he?•_pew.
U
bed and breakfast facilities
�J campground
Plant nursery
D aewege-d:apese�-fae.1#t.. .
Sei4d=weett-dispo3 ...5ae'eLjk
water-zee:eapton-e_ee '' •
D-temporary facilities:
earn?ve?;=e==ena-and-ter. t- ev_ve?
D
zeal estate sales office located at a specific location
in an underdeveloped or partially developed
D subdivision and operated for .the Purpose of
developing said subdivision.
�en;tary-landf=}}_eren
UUnit 3 - Public Protection and Utility Facilities
_pri,iarily of public protection -and Utility e
D a) is ordinarily not located in the Street right-of.wayeandwcan
h
be significantly objectionable to nearby residential, commercial,
and light industrial uses, and
D
10
D•
U--
i.
••
D . r
b) e Q servevresidentialnneighborhoodor other uire5 for fic locations l are eneeded to
c) are, therefore, permitted only onlreview areas, and
Dfl includes:
facilities of public service corporation
----------e-eetr:e-re9U!-eh_ng-station
p_e�snre-eer.troi-stet=oh
telephone;-'te?ev=lien -oxe-. redie.i-telegraph;-_
O--`- other-tltz3ity=end-proteet_vc-fee=}tt.es
-airway-beacon
fire protection
apolice protection
`-"-`----pnb}5e�tlt:_:ty-mn_ntenonee-busid:ngi-wnreKonsei-er-
a terage-bn_}ding_
water-pipei=ne-r?gkts-of-xay -treatment-p}ant,--xetGr-
btcrege-:ee:aay
-"- " ----re.?=end-r_ght�-of-way-eemmenicet±en-and=ettIity -
trCn,n��tl:On-}She-r,511te-0f-MGY
• • NOTE: the above restricted uses are applicable to�.above
ground facilities, not those located below the ground.
flUnit 21 - Warehousing 'and Wholesale
Q -includes warehousing, wholesaling and trucking of the type
which is usually located to serve the central business district
and is easily served by rain and highway transportation.
includes::
-w"ehaases
f1 ---whe3esele—estnb?_sh�aent9 -
Li
11
-- treeking-estebl_5hments
-----bn6?d?ng-neterin}-estnfi_shments
- " n_r-eond_tion_n9
---a?eetriee}-snpp}y
--- - - - - gl a e3
heet:nq-egncpment
" ` ?tlnber
Q
------ -Wee p Pp -=es
c_i_paper
----^-fee3-and-=ee-estnb?_shse::_s
-----`----betecd-gas
Q
--`-------.ee-cease
D"-----:)o:aae-!i`=�C?ndjhg-7COCe99�ng
11
9 2000002895 /
D
D.
D------serv:ee-esteL==_heents:•
----------d gar`«:o Lg-e rd� eoctern:net=hg-serviee0
�na__e____ se_vseGa
D '--�w_hCOw-CieenE019r sery4ee ..
------GOhtnet_eonate Met0n-sG-V�eG^
--- ---air-e en:_._aning
D-`--- -bn:?ding-construction
?fl een:ng
--=•`------concrete
D decorating
e}eetree=
Nnrneee-e_eaning
D-=--------heet�ng
ion
---- mesonty •
D • eii-.wG----===
-ng
--- painting
paper hanging
D
----------p}nnb_ng
------�---reefing
D te
----------stenewer?:
- --.e-seskc..g
D----------hensiMg-§eto—CAre:nkers-<-
8nzt-iB---Eenter-far-Ee}}G�►.ing-Reeve}ab}G-Hnteria}s
DEVELOP ERS :
NANCHAR INC. AND MT_RJORIE S. BROOKS
BY: Jll���%.�/�0
DSignature • (or. 'pspc4L scl�•
fl D Print Name
�e0 d`CG i la't /N ere iZ
D Title •
DAddress
Phone Nuiber
D
12
•
9nnn•nnnnf.
0
0
I
0
0
0
0
0
0
0
0
0
0
I
0
RESIDENTS:
Print Name 'VS
Address
P onLf N e
S•
Print NaMe C
Address
dre s
Phone Number
Sign uue
Print Name/
3yyl h1�r A��f-� ---
Address �
%L) Szl-6592
Phone Number ��
Signature
d in. /4fjve'
Print Nabe
�s1 71:ei•XCf .YL C .
Address
'S?i4'T
bhone Nun er
17
I.
9nnnnnr o.,.
(:
1111 -
D aagna�
61pnn
Print .Name
D J 9 i ddif?/ 's
Address
GPhone Number
I :. f 3
c
G •
II
Li
- t
: _.I a
O •
14
G 9nnnnn•nain
APR -26-2007 THU 0257 PM FAX NO. P. 02
c
L
[I
L
L
L
C
DEPARTMENT OF THE ARMY
LITRE ROCK DISTRICT, CORPS OF ENGINEERS
POST OFFICE BOX 867
UTTLE ROCK, ARKANSAS 7220367
www.swl.usaee.mill
ill
File No. 11252-3
Michele A. Harrington, P.A.
Harrington, Miller, Neihouse & ICieklak
113 E. Emma Avenue
P.O. Box 687
Springdale, Arkansas 72765-0687
Re; CMN Business Park H
Dear Ms. Harrington:
Please refer to your letters concerning the Section 404 permit issued for the CMN
development and the associated mitigation and monitoring requirements for the project.
The mitigation and monitoring for Phases I and II of the project have been fully
completed. We have reviewed the 5" -year monitoring report and the preliminary wetland
assessment, and have also performed several site inspections. We have determined that the
mitigation for Phases I and II has been successful and is in compliance with the permit
conditions. There are no further mitigation requirements for these project areas.
Several of the mitigation activities within the Phase III area of the project have been
completed as required. However, some of the proposed stream mitigation activities within Scull
Creek could not be done until construction of the Van Asche Bridge. Therefore, a portion of the
Phase III mitigation work still needs to be undertaken and monitored. This work would include
stream restoration and enhancement through the bridge area with installation of a minimum Dow
channel, rock deflectors, and tree revetments. Monitoring of the Phase III mitigation would be
required for two years after completion of the work.
The completed mitigation and deed restricted areas within the project may be donated to
the Northwest Arkansas Land Trust for future environmental stewardship of the area. Further, if
the land trust intends to retain responsibility for completion of the Phase III mitigation work, then
the Phase III area could also be donated to the land trust. This is provided that the Section 404
permit is transferred to the land trust. The Land Trust Board of Directors would need to sign the
transferee line of the permit and then submit it to Corps so that a permit transfer letter could be
issued.
We appreciate the good cooperation from you and your clients throughout this successful
mitigation project. If you have any questions about the permit, please contact Rocky Presley at
(417) 334-4101. Mr. Kyle Clark at our Rogers office will be handling further compliance for the
remaining mitigation work within Phase III. Future monitoring reports should be submitted to
L
APR -26-2007 THU 02:56 PM
r
r
r
r
,
J
L
L
L
FAX N0,
Mr. Clark at the following address: Rogers Field Office, 2260 North 2' Street, Rogers, AR
72756.
Copy Furnished:
Steele Crossing POA
64 W. Colt Square
Fayetteville, Arkansas 72703
Mr. Manuel Barnes
EGIS, Inc.
314 South Main Street
Bentonville, AR 72712-5903
Sincerely,
Jerr �Iy Harris, P.E.
Chief, Regulatory Office
P. 03
From: Clarice Pearman
To: Edmonston, Connie; Jones, Carole
Date: 6.10.08 4:41 PM
Subject: Res. 118-08
Attachments: 118-08 Steele Crossing Investment III.pdf
CC: Audit
Hi Ladies:
Attached is a copy of the above resolution passed by City Council regarding Steele Crossing Investments III, LLC donation.
Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice