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HomeMy WebLinkAbout16-08 RESOLUTIONRESOLUTION NO. 16-08 A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH §156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE-HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK WHEREAS, Habitat for Humanity is a non profit organization dedicated to providing affordable single-family owner -occupied housing in Fayetteville; and WHEREAS, The City of Fayetteville has enter into a contract to sell approximately 8.8 acres to Habitat for Humanity to design this project as a LID demonstration subdivision along with approximately a three and one-half acre City park adjacent to the project; and WHEREAS, The University of Arkansas Community Design Center will provide planning and design services through an EPA grant to restore the existing open ditch to a functioning more natural stream. NOW, THEREFORE, 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, determines that granting the variance to the parkland dedication requirement serves the public interest and is beneficial to the City as a whole, and hereby grants such variance in accordance with § 156.03 (B) of the Unified Development Code. Section 2: That the City Council of the City of Fayetteville, Arkansas, designates the three and one-half acres adjacent to the project as a City Park. PASSED and APPROVED this 15th day of January, 2008. APPROVED: ATTEST: By By: QtryittAt./ SOE SMITH, City Clerk/Treasurer R SIT�iF %%%% 11/: G✓' \T Y °;. Ga 5E • • vas FAYETTEVILLE: itVC City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 15 -Jan -08 City Council Meeting Date Tim Conklin Long Range Planning Submitted By Division Action Required: i/0/08 /6t -o3 WS- kr getnetzdil 1/'o ine Operations Department A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH §156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE- HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK. $0.00 Cost of this request n/a Account Number n/a Project Number Budgeted Item n/a Category/Project Budget Program Category / Project Name n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached n/a Program / Project Category Name n/a Fund Name - - 12'75.0-7 Department Director Date ma===--, /2/28/07 City Attorney Finance and Internal Service Director Ma or it -31-67 Date i ate Previous Ordinance or Resolution # n/a Original Contract Date: Original Contract Number: n/a n/a Received in Mayor's Office Comments: City Council Meeting of January 15, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Through: Gary Dumas, Director of Operations From: Tim Conklin, Planning and Development Management Director Date: December 21, 2007 Subject: A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH § 156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE-HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK. RECOMMENDATION Planning Staff recommends approving an ordinance to grant a variance from the parkland dedication requirement, Section 166.03 (K)(1)(a) of the Unified Development Code for the Habitat for Humanity Low Impact Development (LID) subdivision demonstration project. BACKGROUND Section 166.03 (K)(1)(a) of the Unified Development Code requires when a proposed subdivision does not provide an area for a public park the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land. The ordinance requires land to be dedicated at a ratio of .024 acre for each single-family dwelling unit and .017 acre for each multi -family dwelling unit or a fee of $960.00 for each single-family unit or $680.00 for each multi -family unit. Habitat for Humanity has a contract with the City to purchase approximately 8.8 acres of property located south of Huntsville Road. The 8.8 acres will be requested to be rezoned and subdivided as a Planned Zoning District (PZD) by Habitat for Humanity for future Habitat for Humanity homes. The University of Arkansas Community Design Center (UACDC) in partnership with Marty Matlock of the Ecological Engineering Group and the Department of Biological and Agricultural Engineering is currently planning and designing this subdivision as a (LID) demonstration project. They received a $460,000 grant by the Arkansas Natural City Council Meeting of January 15, 2008 Agenda Item Number Resources Commission (ANRC) under its FY 2007 Section 319(h) Non -point Source Management Program. This is one of only two Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM Neighborhood Development pilot projects in the State of Arkansas, with both projects being located in Fayetteville. RECOMMENDATION Staff recommends a variance from the Parkland Dedication requirements for Habitat for Humanity in consideration for the design services provided through UACDC and the University of Arkansas, the dedication of approximately 0.45 acres for stream restoration, the designation of approximately 3.5 acres of land adjacent to the project as City parkland, and the creation of additional affordable housing. BACKGROUND -- $460,000 GRANT BY THE ARKANSAS NATURAL RESOURCES COMMISSION UNDER ITS FY 2007 SECTION 319(H)NONPOINT SOURCE MANAGEMENT PROGRAM. By: Stephen Luoni, Director Steven L. Anderson Chair in Architecture and Urban Studies UACDC in collaboration with Marty Matlock of the Ecological Engineering Group and the Department of Biological and Agricultural Engineering has received final approval from the U.S. EPA for a $460,000 grant by the Arkansas Natural Resources Commission under its FY 2007 Section 319(h)Nonpoint Source Management Program. The grant will fund planning and design of a demonstration neighborhood for Habitat for Humanity in Fayetteville, using Low Impact Development (LID) technologies. LID technologies to be explored include: 1) shared streets (based on the Dutch woonerf where the street is designed as a garden), 2) integrated stormwater management system using ecological engineering approaches --rain gardens, green streets, bioswales, infiltration trenches, 3) pervious street surface systems, and 4) new configurations of high density single-family house types. The challenge of the project is to integrate ecological planning practices into urban planning templates, land -use policy, and civil infrastructure design. Should LID principles from the demonstration project eventually be adopted by Fayetteville in its codes, it will place the city along with Seattle and Portland as the nation's leading cities in sponsoring LID infrastructure as an alternative to costly civil infrastructure for stormwater management. The grant also obliges the project team to produce an LID manual for use by planners, developers, and designers across the State of Arkansas. Neighborhood planning will begin this spring with anticipated construction start date of 2008. In addition to UACDC and the Ecological Engineering Group project team partners include McClelland Consulting Engineers for landscape architecture and civil engineering, Habitat for City Council Meeting of January 15, 2008 Agenda Item Number Humanity of Washington County, and the City of Fayetteville. While the 319(h) grant does not fund research or capital costs, it does allow the University to expand its outreach services to the State of Arkansas. http://www.usgbc.org LEED for Neighborhood Development The LEED for Neighborhood Development Rating System integrates the principles of smart growth, urbanism and green building into the first national system for neighborhood design. LEED certification provides independent, third -party verification that a development's location and design meet accepted high levels of environmentally responsible, sustainable development. Currently in its pilot period, LEED for Neighborhood Development is a collaboration among USGBC, the Congress for the New Urbanism and the Natural Resources Defense Council. RESOLUTION NO. A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH §156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE-HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK. WHEREAS, Habitat for Humanity is a non profit organization dedicated to providing affordable single-family owner -occupied housing in Fayetteville; and WHEREAS, The City of Fayetteville has enter into a contract to sell approximately 8.8 acres to Habitat for Humanity to design this project as a LID demonstration subdivision along with approximately a three and one-half acre City park adjacent to the project, and WHEREAS, The University of Arkansas Community Design Center will provide planning and design services through an EPA grant to restore the existing open ditch to a functioning more natural stream; and NOW, THEREFORE, 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, determines that granting the variance to the parkland dedication requirement serves the public interest and is beneficial to the City as a whole, and hereby grants such variance in accordance with § 156.03 (B) of the Unified Development Code Section 2. That the City Council of the City of Fayetteville, Arkansas, designates the three and one-half acres adjacent to the project as a City Park. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer A RE THE IN AC UNIFIED HABITAT DEVELOP PROJECT; A ONE-HALF A AS A CITY PA RESOLUTION NO. OLUTION TO GRANT A VARIANC FROM RKLAND DEDICATION REQUI ' EMENT, ORDANCE WITH §156.03(B) OF THE DEVELOPMENT CODE FOR THE FOR HUMANITY L 1 IMPACT NT (LID) DE ONSTRATION D DESIGNATING T ' E THREE AND RES ADJACENT 1 THE PROJECT WHEREAS, Habitat for H manity is a non profit organization dedicated to providing affordable single-family ow ' er-occ . ied housing in Fayetteville; and WHEREAS, The City of Fa approximately 8.8 acres to Habitat for demonstration subdivision along with a adjacent to the project; and eville has enter into a contract to sell umanity to design this project as a LID imately a three and one-half acre City park WHEREAS, The Universit of Arkansas ommunity Design Center will provide planning and design services thro _ an EPA gran to restore the existing open ditch to a functioning more natural stream; . nd WHEREAS, Habitat for Humanity will dedicate approximately 0.45 acres of their property to increase the size of the restored stream c ' .dor at the time of final plat. NOW, THER ORE, BE IT RESOLVED BY THE \CITY COUNCIL OF THE CITY OF FAY�TTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, determines that granting the variance to the parkland dedication requirement serves the public interest and is beneficial to the City as a whole, and hereby grants such variance in accordance with § 156.03 (B) of the Unified Development Code. Section 2. That the City Council of the City of Fayetteville, Arkansas, designates the three and one-half acres adjacent to the project as a City Park. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerkfrreasorer 00P4T4IN UM. PION - EEMEEI 00@B��i mum BEI rs i i i i I i i i #- I ii I j i i I ;I i ii i y N i } i...22.L._..4 E- 11110011.11.4 — t [(1.18.08) Clarice Pearman - Res. 16-08 Page 1 From: Clarice Pearman To: Conklin, Tim Date: 1.18.08 5:05 PM Subject: Res. 16-08 Attachments: 16-08 Habitat for Humanity Variance.pdf CC: Audit lim: Attached is a copy of the above resolution passed by City Council regarding Habitat for Humanity variance. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice . Park Land Dedication Part of Parcol No. 765-15079-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to - wit: cab w//G-os 1I!JN!IIT1111111 IO NUI J!!M11111111111111IIM111N Doc ID. 0 Recorded 09/09/200802 e a Too :178EL 49 PM Fee Amt: $20.00 Pape 1 of 2 Washlnaton County. AR Bette Stamps Circuit C erk F11e2008-00029778 A part of the East Half (E %) of the Northeast Quarter (NE /) of Section Twenty-two (22), Township Sixteen (16) North, Range Thirty (30) West of the Fifth (5th) Principal Meridian, being more particularly described as follows; Commencing at the Northwest comer of said Eighty (80) acre tract; thence along the West line of said tract South 02°42'46" West 42.71 feet to the South right-of-way of Huntsville Road, said right-of-way being 59 feet in width per Fayetteville Master Street Plan, Resolution Number 161-67; thence leaving said West line and along said right-of-way South 88°05'36" East 163.52 feet (Instrument Number 2001-11773, as recorded with the Circuit Clerk of Washington County, Arkansas, calls East 165 feet) to the Northeast comer of a property described in said Instrument Number recorded with said Circuit Clerk; thence leaving said right-of-way and along the Easterly property line of said property South 01°18'23" East 255.94 feet; thence continuing along said Easterly line South 87°18'23" East 60.00 feet; thence continuing along said Easterly line South 01°18'23" East 65.00 feet; thence continuing along said Easterly line South 09°53'23" East 254.79 feet; thence continuing along said Easterly line South 82°38'23" East 213.47 feet; thence continuing along said Easterly line South 02°14'18" West 204.01 feet to the POINT OF BEGINNING; thence continuing along said Easterly line South 02°14'18" West 1097.88 feet to the centerline of the Old Pacific & Great Eastem Railroad right-of-way; thence along said centerline North 83°15'47" West 143.71feet; thence leaving said centerline North 02°14'18" East 1088.14 feet; thence South 87°08'48" East 14327 feet to the Point of Beginning, containing 3.594 acres, more or less. (Shown as Tract "A" on Lot Split recorded in Instrument No. 2008-00001953.) TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this Sondra Smith, City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON r 1 eA day of `4 4wt.,t,uf'V City of F A muni '0,11111111,M?„„`` G� C\SY o;57.?6.ody, Mayor • • •11� , AFAY ETT EVILLE ; • ,h: [SEAL] • :99.9,gkAN�fP .i A��0470il@� (t!I3 T �uuuurr etteville, Arkansas, corporapon SS. 2008. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State personally appeared Dan Coody and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a munic pal corporation, and are duty authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this &and day of MY COMMISSION EXPIRES: ........F FA0LOHEq.A $49i:VsN*I; •3cqk �. a sOTAgyt% ®• r. :sr •ror %`"•. �'UBL. 1477,” may c ;m10 Litan-cut e --geese Notary Public 2008. • u9 I IR • • YG 'tl l!4Cu !v -Y AS:i 4.14 A. 4x r,sx?. 3xitil S4 jts4gk d u9 I IR • • RESOLUTION NO. 1-08 A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH §156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE-HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK WHEREAS, Habitat for Humanity is a non profit organization dedicated to providing affordable single-family owner -occupied housing in Fayetteville; and WHEREAS, The City of Fayetteville has enter into a contract to sell approximately 8.8 acres to Habitat for Humanity to design this project as a LID demonstration subdivision along with approximately a three and one-half acre City park adjacent to the project; and WHEREAS, The University of Arkansas Community Design Center will provide planning and design services through an EPA grant to restore the existing open ditch to a functioning more natural stream. NOW, THEREFORE, 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, determines that granting the variance to the parkland dedication requirement serves the public interest and is beneficial to the City as a whole, and hereby grants such variance in accordance with § 156.03 (B) of the Unified Development Code. Section 2: That the City Council of the City of Fayetteville, Arkansas, designates the three and one-half acres adjacent to the project as a City Park. PASSED and APPROVED this 15'h day of January, 2008. APPROVED: By A l PEST: By: Q� ALl SO E SMITH, City Clerk/Treasurer •••.G,-RiVTRs.. a -V• ..A= FAYETTEVILLE Fp �z.•••c- NSP�J�o••' VcC City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 15 -Jan -08 City Council Meeting Date Tim Conklin Long Range Planning Submitted By Division Action Required: //.1:5 / B 16-oB Way Wait- & oknetudif Voir Imo& Operations Department A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH §156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONS FRATION PROJECT; AND DESIGNATING THE THREE AND ONE- HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK. $0.00 Cost of this request n/a Account Number n/a Project Number • Budgeted Item n/a Category/Project Budget n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Department Diiector City Attomy Finance and Internal Service Director Mayor i2'25 -o1 Date /2AV/7 Iz-31-07 Date toe Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: n/a n/a n/a Received in Mayor's Office Comments: City Council Meeting of January 15, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Through: Gary Dumas, Director of Operations From: Tim Conklin, Planning and Development Management Director Date: December 21, 2007 Subject: A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH § 156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE-HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK. RECOMMENDATION Planning Staff recommends approving an ordinance to grant a variance from the parkland dedication requirement, Section 166.03 (K)(1)(a) of the Unified Development Code for the Habitat for Humanity Low Impact Development (LID) subdivision demonstration project. BACKGROUND Section 166.03 (K)(1)(a) of the Unified Development Code requires when a proposed subdivision does not provide an area for a public park the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land. The ordinance requires land to be dedicated at a ratio of .024 acre for each single-family dwelling unit and .017 acre for each multi -family dwelling unit or a fee of $960.00 for each single-family unit or $680.00 for each multi -family unit. Habitat for Humanity has a contract with the City to purchase approximately 8.8 acres of property located south of Huntsville Road. The 8.8 acres will be requested to be rezoned and subdivided as a Planned Zoning District (PZD) by Habitat for Humanity for future Habitat for Humanity homes. The University of Arkansas Community Design Center (UACDC) in partnership with Marty Matlock of the Ecological Engineering Group and the Department of Biological and Agricultural Engineering is currently planning and designing this subdivision as a (LID) demonstration project. They received a $460,000 grant by the Arkansas Natural City Council Meeting of January 15, 2008 Agenda Item Number Resources Commission (ANRC) under its FY 2007 Section 319(h) Non -point Source Management Program. This is one of only two Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM Neighborhood Development pilot projects in the State of Arkansas, with both projects being located in Fayetteville. RECOMMENDATION Staff recommends a variance from the Parkland Dedication requirements for Habitat for Humanity in consideration for the design services provided through UACDC and the University of Arkansas, the dedication of approximately 0.45 acres for stream restoration, the designation of approximately 3.5 acres of land adjacent to the project as City parkland, and the creation of additional affordable housing. BACKGROUND -- $460,000 GRANT BY THE ARKANSAS NATURAL RESOURCES COMMISSION UNDER ITS FY 2007 SECTION 319(H)NONPOINT SOURCE MANAGEMENT PROGRAM. By: Stephen Luoni, Director Steven L. Anderson Chair in Architecture and Urban Studies UACDC in collaboration with Marty Matlock of the Ecological Engineering Group and the Department of Biological and Agricultural Engineering has received final approval from the U.S. EPA for a $460,000 grant by the Arkansas Natural Resources Commission under its FY 2007 Section 319(h)Nonpoint Source Management Program. The grant will fund planning and design of a demonstration neighborhood for Habitat for Humanity in Fayetteville, using Low Impact Development (LID) technologies. LID technologies to be explored include: 1) shared streets (based on the Dutch woonerf where the street is designed as a garden), 2) integrated stormwater management system using ecological engineering approaches --rain gardens, green streets, bioswales, infiltration trenches, 3) pervious street surface systems, and 4) new configurations of high density single-family house types The challenge of the project is to integrate ecological planning practices into urban planning templates, land -use policy, and civil infrastructure design. Should LID principles from the demonstration project eventually be adopted by Fayetteville in its codes, it will place the city along with Seattle and Portland as the nation's leading cities in sponsoring LID infrastructure as an alternative to costly civil infrastructure for stormwater management. The grant also obliges the project team to produce an LID manual for use by planners, developers, and designers across the State of Arkansas. Neighborhood planning will begin this spring with anticipated construction start date of 2008. In addition to UACDC and the Ecological Engineering Group project team partners include McClelland Consulting Engineers for landscape architecture and civil engineering, Habitat for City Council Meeting of January 15, 2008 Agenda Item Number Humanity of Washington County, and the City of Fayetteville. While the 319(h) grant does not fund research or capital costs, it does allow the University to expand its outreach services to the State of Arkansas. http://www.usgbc.org LEED for Neighborhood Development The LEED for Neighborhood Development Rating System integrates the principles of smart growth, urbanism and green building into the first national system for neighborhood design. LEED certification provides independent, third -party verification that a development's location and design meet accepted high levels of environmentally responsible, sustainable development. Currently in its pilot period, LEED for Neighborhood Development is a collaboration among USGBC, the Congress for the New Urbanism and the Natural Resources Defense Council. RESOLUTION NO. A RESOLUTION TO GRANT A VARIANCE FROM THE PARKLAND DEDICATION REQUIREMENT, IN ACCORDANCE WITH §156.03(B) OF THE UNIFIED DEVELOPMENT CODE FOR THE HABITAT FOR HUMANITY LOW IMPACT DEVELOPMENT (LID) DEMONSTRATION PROJECT; AND DESIGNATING THE THREE AND ONE-HALF ACRES ADJACENT TO THE PROJECT AS A CITY PARK. WHEREAS, Habitat for Humanity is a non profit organization dedicated to providing affordable single-family owner -occupied housing in Fayetteville; and WHEREAS, The City of Fayetteville has enter into a contract to sell approximately 8.8 acres to Habitat for Humanity to design this project as a LID demonstration subdivision along with approximately a three and one-half acre City park adjacent to the project; and WHEREAS, The University of Arkansas Community Design Center will provide planning and design services through an EPA grant to restore the existing open ditch to a functioning more natural stream; and NOW, THEREFORE, 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, determines that granting the variance to the parkland dedication requirement serves the public interest and is beneficial to the City as a whole, and hereby grants such variance in accordance with § 156.03 (B) of the Unified Development Code. Section 2. That the City Council of the City of Fayetteville, Arkansas, designates the three and one-half acres adjacent to the project as a City Park. PASSED and APPROVED this day of , 2008. APPROVED: Al ILST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer