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HomeMy WebLinkAboutOrdinance 6791 am. ,•`i -,1—� ., - iltrlifir!!!!!! IIIIIIIIIIIIIIIIIIIIIIIIIIIIII{f "'; 021778Type• RDoc 14 PMA,1..1, > / KindDINANCE Recorded: 09/27/2024 'to0f3329. 14,,,,,,sr� 00 Page Fee Amt: $25• Washington County• AR 113 West Mountain Street Kyle svlvester 00025317 Fayetteville, AR 72701 Fi1e202 Clerk (479) 575-8323 Ordinance: 6791 File Number: 2024-417 VACATION-2024-0016: (1001 W.BULLDOG BLVD./FAYETTEVILLE PUBLIC SCHOOLS,522): AN ORDINANCE TO APPROVE THE VACATION OF 0.61 ACRES OF A TREE PRESERVATION EASEMENT AT 1001 WEST BULLDOG BOULEVARD IN WARD 1 IN EXCHANGE FOR THE FAYETTEVILLE SCHOOL 1 DISTRICT'S OFFER TO DEDICATE AN ADDITIONAL 2.05 ACRES OF TREE PRESERVATION EASEMENT AND IMPLEMENT ADDITIONAL TREE PRESERVATION MEASURES WHEREAS,the Fayetteville School District would like to vacate approximately 0.61 acres of existing tree preservation easement on property located at 1001 West Bulldog Boulevard to facilitate the construction of a parking deck;and WHEREAS, the District has offered to dedicate approximately 2.05 acres of tree preservation easement on the Fayetteville High School campus;and WHEREAS, the District has also committed to implement additional tree preservation measures on site and with future projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines, upon consideration of the conditions set forth below, that the Fayetteville School District has proven to the City Council's satisfaction that the vacation of 0.61 acres of tree preservation easement, as shown on Exhibit Al, on property located at 1001 West Bulldog Boulevard is in the best interest of the City of Fayetteville and therefore grants the Fayetteville School District's request to vacate the existing tree preservation easement as to those 0.61 acres. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the following: 1. The Fayetteville School District shall dedicate approximately 2.05 acres of new tree preservation easement on the Fayetteville High School campus as indicated on Exhibit B attached to the staff memo,including additional plantings in areas noted; 2. Tree removal associated with the proposed parking structure shall be mitigated with on-site tree plantings; 3. The District shall install 15 tree islands and associated shade trees within the existing parking lot north of the Fayetteville High School building and shall plant shade trees in the greenspace adjacent to the east side of South Buchanan Drive's extension north of Bulldog as shown in Exhibit F attached to the staff memo in Page 1 Ordinance:6791 File Number:2024-417 accordance with the City's landscaping standards; 4. The District shall install tree guards to help minimize damage to new trees in in the areas referenced in Condition 3 and in other areas of high vehicular or pedestrian traffic as required by the City's Urban Forester; 5. The District shall consult with City Urban Forestry staff annually on best practices and an evaluation of tree preservation easements; 6. Tree preservation easements dedicated as part of this vacation and on future District projects shall be memorialized with educational signage to acknowledge their presence and educate campus visitors; 7. The District commits to repurpose trees removed from the vacated easement for furnishings or similar purposes in place of disposal or burning; 8. The District shall meet minimum tree canopy requirements for the development of the campus at Joyce Blvd (Parcel 765- 13237-006)through on-site preservation; 9. The District commits to adhering to the tree preservation ordinance requirements for the forthcoming campus at College Ave(parcel#765-13438-000),with a commitment to pursuing on-site preservation as a priority;and 10. The District commits to consult with the City's Urban Forester to identify and remove invasive species within the areas covered by the new tree preservation easement and replace those invasive species with native species as appropriate, and will seek to provide opportunities for students to learn about the removal and replacement of invasive species. PASSED and APPROVED on September 17,2024 Owinrrrrrio it Approve,: Attest: ���F-F:K•I•••F,9s!�z�i �• Y • G ' . G�� O,c •• c• '� FAYETTE.V;I_;-� iKneld Jordan, M. o Kara Pax on,Ci Clerk Treasurer ".y•.9RKgN`P• iiiiinnitlo This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 19 3. 319 Page 2 IFS 0 20 40 �AY�S w44'D NW CORNER /�j SW 1/4 SW 1/4 jOFgsP VFNUF SCALE 1" = 40' SECTION 16 yq�TRo gRIgB T16NR30W gt)pv"4 wIDT CURB S87° 06 6 E-3 .77' Raw 0 G0�F F S ° ' 56"E-92.11' R \\\\\\\\\\\\\\\\\\\\\\\\ LAND LINE POB TREE PRESERVATION } Q \ \ \ AREA VACATION \ \ \ \ \ LLB \\\\\\\\\\\\\\\\\\\\\\\\\ O k \\\\\\\\\\\\\\\\\\\\\\\\♦ m \\\\\\\\\\\\\\\\\\\\\\\\♦ m m o \\\\\\\\\\\\\\\\\\\\\\\\♦ O ♦\\\\\\\\\\\\\\\\\\\\\\\\ o U \\\\\\\\\\\\\\\\\\\\\\\\♦ O w Q o \\\\\\\\\\\\\\\\\\\\\\\\\ w > ce O w uJ Q'J \\\\\\\\\\\\\\\\\\\\\\\\\ Q N \\\\\\\\\\\\\\\\\\\\\\\\\ p ° n Q - O O w V) \\\\\\\\\\\\\\\\\\\\\\\\\ O ♦\\\\\\\.,�\,,\\\\\�\\\\\\\\\\\\ a M J ; \ \�A�S`\EMEENT, PLATWCUM\EN�; \; ° o O z z \\\\\\Q11�Q5�8�j�\\\\\\\\ S89° 57' S5"E-42.00' o Lf) Q \\\\\\\\\\\\\\\\\\\\\\\\\ k LL AREA TOBEVACATED` \\\\\`\\\\\Io \\\\\\\\\\ 26682 SQ. FT. \\\\\\\\\\\\I O 0 0.61 AC: , a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Ln \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \I O V \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\I0 w\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ J p ♦\\\\\♦\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ILn \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ N120 23' 08"W-34.41' o I u V N .V. m I a N890 57' 55"W-126.60' 1 11 765-14448-000 411-202 — TAX PARCEL NUMBER DEED RECORD EXISTING RIGHT-OF-WAY LINE LEGEND TREE PRESERVATION AREA \� PER EASEMENT PLAT 2011-00007587 TO BE VACATED BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) CB De MCCLELLAND —E REVISION FAYETTEVILLE HIGH SCHOOL CONSULTING 07i1ei2024 EXHIBIT "A" FAYETEVILLE/ ARKANSAS —ENGINEERS, INC. MAP SCALE: PRO]. NUMBER'. AS NOTED 242711 1580 E. STEARNS ST. * FAYETTEVILLE SCHOOL DISTRICT # 1 FAYETTEVILLE, AR 72703 F u - 1 (479) 443-2377 Washington County, AR I certify this instrument was filed on 09/27/2024 03:29:14 PM and recorded in Real Estate File Number 2024-00025317 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2024 CITY COUNCIL MEMO 2024-417 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Melissa Evans, Urban Forester SUBJECT: VAC-2024-0016: Vacation (1001 W. BULLDOG BLVD/FAYETTEVILLE PUBLIC SCHOOLS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS INC for property located at 1001 W. BULLDOG BLVD. in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.61 acres of a tree preservation easement. RECOMMENDATION: Staff recommends approval of the vacation of the tree preservation easement as shown in Exhibit Al. Urban Forestry finds that the replacement of three times the tree preservation easement (Exhibit B) as proposed with the other conditions agreed upon by the school district, along with the current fair -poor health of the trees in the existing tree preservation easement, warrants the vacation of the easement and removal of six of the trees. The one tree in good condition will be preserved with measures to be taken during construction to ensure the health and survival of the tree. The conditions are listed as follows: 1. Rededication of-2.05ac. of new tree preservation easement on the Fayetteville Public Schools high school campus as indicated on the provided Exhibit B, including additional plantings in areas noted; 2. Tree removal associated with the proposed parking structure will be addressed with on -site tree plantings; 3. Removal of 15 parking stalls and replacement with tree islands and associated shade trees within the existing parking lot north of the FHS building in accordance with landscaping standards, and planting of shade trees in the greenspace adjacent to the east side of Buchanan's extension north of Bulldog as shown in Exhibit F; new trees in these and other areas of high vehicular or pedestrian traffic shall have a tree guard to help minimize damage to trees; 4. Fayetteville Public Schools commits to pursuing an annual consultation with City Urban Forestry staff on best practices and an evaluation of tree preservation easements; 5. Easements proposed for dedication will be memorialized with educational signage to acknowledge their presence and educate campus visitors; 6. Fayetteville Public Schools commits to repurpose trees removed from the existing easement as furnishings, for streambank restoration, or similar purposes in place of disposal or burning; 7. Fayetteville Public Schools commits to meeting minimum tree canopy requirements through on -site preservation for the forthcoming campus at Joyce Blvd (Parcel 765-13237-006); Fayetteville Public Schools commits to adhering to the tree preservation ordinance requirements for the Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 forthcoming campus at College Ave (parcel #765-13438-000), with a commitment to pursuing on -site preservation as a priority. BACKGROUND: The tree preservation easement on parcel number 765-14448-000 was dedicated as part of the development of the Fayetteville High School Large Scale Development when it was redeveloped beginning in 2011. The trees were placed in a tree preservation easement to meet the development requirements on the 18-acre lot (Exhibit A2). Request: The applicant wishes to vacate 0.61 acres of tree preservation easement to facilitate developing a parking deck on the property (Exhibit C and D). According to UDC section 167.04(L)(2), "The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville." In exchange for the vacation, the applicant intends to dedicate additional tree preservation easements on -site as described in Exhibit B. The proposed tree preservation easements are located on the Fayetteville High School campus. DISCUSSION: Staff visited the high school property and reviewed the existing oaks in the tree preservation easement. Staff agrees with independent Master Certified Arborist, Jeremy Williams' report that one tree is in good condition, four are in fair condition and two are in poor condition. They are all at a substantial age of 100 years or more. These are the largest trees in the immediate area of the Fayetteville school campus. The adjacent University campus has some large oak trees as well. The current tree preservation easement is in an institutional district and is surrounded by additional P-1 zoning, some C-2 and CS zoning and RMF-40 zoning. The current location offers 0.61 acres of ecosystem services and green space in a developed urban area. The 2.05 +/- acres of the high school campus that is proposed as new tree preservation easements are located north and east of the existing tree preservation easement in areas along the baseball field and between the school building and W. Bulldog Boulevard. Some of the existing tree preservation easement will be retained as well. Tree canopy assessment for each site: Tree canopy within the current easement consists of seven large Post Oak trees ranging in size from 25"-32" DBH and various smaller trees (last page of Exhibit C). The oak trees have been on the site since at least 1926 (the earliest aerial photography available on the City of Fayetteville GIS maps). Tree canopy at the proposed easement locations consist of some significant White and Red Oak Trees and smaller trees that are a mix of Hackberry, Elm, Walnut, Tulip Poplar, Maple and various other species (Exhibit B). Many of these trees were there in 1978 according to aerial photography and some of the trees were planted with development. Staff believes that the proposed easements do not have the same size and quality of trees as the existing easement, some are in better health, and some are not. The easement dedication is three times the size of the existing easement however, and will be planted with additional trees which will contribute to trees of all sizes and ages existing in the easement, creating a better chance for longevity. Fayetteville is losing ecosystem Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 services in the existing tree preservation easement if it is vacated but acceptance of the current proposal can create shade in a 2+/- acre parking lot south of the high school football stadium that is severely lacking in trees. Staff is consistently mindful about the potential for precedent -setting with tree preservation easement vacations, although each request is characterized by different geography, varying quality and amount of canopy, distinct applicant needs, and unique potential to contribute or detract from the public good. Tree preservation easements are a standard requirement for development and are intended to remain in perpetuity, not until they are no longer viable due to the owner's wish to expand and develop more. For the current request, and as outlined in the applicant's submittal (Exhibits C-G), much effort has been made on the applicant's part to offer something of equal or greater value to both offset the canopy loss and meet their needs. During discussions with both the City Council and the Fayetteville School District, reference was made, with implications of precedent, to the 2018 approval of a tree preservation easement for the expansion of the Fayetteville Public Library. In that instance, approximately 3,000 square feet of easement was vacated with two significant trees, two larger shade trees, and two dead trees. To off -set this, approximately 15,500 square feet were dedicated, albeit without any existing canopy, with subsequent plantings. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit Al- Tree Preservation Easement (#4), Exhibit A2- Recorded Easement Plat (#5), Exhibit B- Proposed FHS Tree Preservation Easements on FHS campus (#6), Exhibit C - FHS-Tree Presevation Easement Vacation Letter from Applicant (#7), Exhibit D - FHS Deck Alternative Locations (#8), Exhibit E - FHS Parking Deck Site Plan (#9), Exhibit F - Proposed Parking Lot Planting south of Football Stadium (#10), Exhibit G - School Board Project Update Presentation (#11), Superseded Exhibits from 8-20- 2024 City Council (#12), Proposed Amended Ordinance - FHS Tree Preservation Easement Vacation (#13), City Attorney Memo - Revised Ordinance Vacating FHS Tree Preservation Easement (#14) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-417 VAC-2024-0016: Vacation (1001 W. BULLDOG BLVD/FAYETTEVILLE PUBLIC SCHOOLS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS INC for property located at 1001 W. BULLDOG BLVD. in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.61 acres of a tree preservation easement. AN ORDINANCE TO APPROVE THE VACATION OF 0.61 ACRES OF A TREE PRESERVATION EASEMENT AT 1001 WEST BULLDOG BOULEVARD IN WARD 1 IN EXCHANGE FOR THE FAYETTEVILLE SCHOOL DISTRICT'S OFFER TO DEDICATE AN ADDITIONAL 2.05 ACRES OF TREE PRESERVATION EASEMENT AND IMPLEMENT ADDITIONAL TREE PRESERVATION MEASURES WHEREAS, the Fayetteville School District would like to vacate approximately 0.61 acres of existing tree preservation easement on property located at 1001 West Bulldog Boulevard to facilitate the construction of a parking deck; and WHEREAS, the District has offered to dedicate approximately 2.05 acres of tree preservation easement on the Fayetteville High School campus; and WHEREAS, the District has also committed to implement additional tree preservation measures on site and with future projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines, upon consideration of the conditions set forth below, that the Fayetteville School District has proven to the City Council's satisfaction that the vacation of 0.61 acres of tree preservation easement, as shown on Exhibit Al, on property located at 1001 West Bulldog Boulevard is in the best interest of the City of Fayetteville and therefore grants the Fayetteville School District's request to vacate the existing tree preservation easement as to those 0.61 acres. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the following: 1. The Fayetteville School District shall dedicate approximately 2.05 acres of new tree preservation Page 1 Ordinance: 6791 File Number: 2024-417 easement on the Fayetteville High School campus as indicated on Exhibit B attached to the staff memo, including additional plantings in areas noted; 2. Tree removal associated with the proposed parking structure shall be mitigated with on -site tree plantings; 3. The District shall install 15 tree islands and associated shade trees within the existing parking lot north of the Fayetteville High School building and shall plant shade trees in the greenspace adjacent to the east side of South Buchanan Drive's extension north of Bulldog as shown in Exhibit F attached to the staff memo in accordance with the City's landscaping standards; 4. The District shall install tree guards to help minimize damage to new trees in in the areas referenced in Condition 3 and in other areas of high vehicular or pedestrian traffic as required by the City's Urban Forester; 5. The District shall consult with City Urban Forestry staff annually on best practices and an evaluation of tree preservation easements; 6. Tree preservation easements dedicated as part of this vacation and on future District projects shall be memorialized with educational signage to acknowledge their presence and educate campus visitors; 7. The District commits to repurpose trees removed from the vacated easement for furnishings or similar purposes in place of disposal or burning; 8. The District shall meet minimum tree canopy requirements for the development of the campus at Joyce Blvd (Parcel 765- 13237-006) through on -site preservation; 9. The District commits to adhering to the tree preservation ordinance requirements for the forthcoming campus at College Ave (parcel #765-13438-000), with a commitment to pursuing on -site preservation as a priority; and 10. The District commits to consult with the City's Urban Forester to identify and remove invasive species within the areas covered by the new tree preservation easement and replace those invasive species with native species as appropriate, and will seek to provide opportunities for students to learn about the removal and replacement of invasive species. Page 2 City of Fayetteville Staff Review Form 2024-417 Item ID 9/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 8/2/2024 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0016: Vacation (1001 W. BULLDOG BLVD/FAYETTEVILLE PUBLIC SCHOOLS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS INC for property located at 1001 W. BULLDOG BLVD. in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.61 acres of a tree preservation easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: c ° '�NI S2i33Nl9N3O ��� �3f7A31J3AVd '' ^ g � � oNuinsNoo I/� �OOHOS HJIH =g ono S�e�p 4Nb'7737�°W �Y i5 g: <s a a T.7 '^ $"�q 1-- 12 � am M Ail g. Fa 4 _ :` • Fa _ zlz l, a @m a WHIM!&"s ae:R id€°6€ y a x aa° any �Fgoansa �ez e8 R m — , _N���L 9 o I \ aE e c ti 41 i d sd z; o I m ro6•ee6 - - - -- - \ " a € a 3 i I .f8'L54 - M,6l,BFSS M�� taz _ bFh5 yyB= A® ^\ € B I ffi ' I I a.etixczx I I h \ HUM. I $ g 1 1 aa,�asW�aa-a �I j �� ylrl I I I g I I !g $Ea3.. =aag I i Aoa-3 tiL�L„ I I ro �3��gr=��g8�� m� �ro8dY 877IdPl8Q�.-� I lol ! NI I I IP Ian g s /I Lr— "Ilk > €€ o rI an. 77.o�o'� .wza-asysncrr--__ —�®' ' ®J - I ��=a�,�§° �� / 3eo.6s.aN .^ - - ® p `�� 1---------- .�°�.............../. 1 t1 ���N6c ..^.. aia $><� �.............�........: W,gg4 i ����a„����o�g <aaa����'<���� "� /.r'in�' `/ ® g �,�x��� ��®�1 `_ �_1—�✓ s cn�-��,.69._�F�-"N�—^^ � l� � I � Bi+ A.Sb2hOS i _-^ �jtj.ML' b b / s;MpRIb gg ^`aa"3�3�°sw����m§� :LO ..... Wwv,W a,W W�awwa W ur,>a � I a {- rQbSbmUmiak, b?i37«��BN zw uQ N �=".!m'�mry a U m m iak, n e b is e gg n� _= nL McCLELLAND 1580 E. Stearns Street ffl"CE�CONSULTING P.O. Box 1229 Fayetteville, AR 73703/72702-1229 479-443-2377/Fax 479-443-9241 ENGINEERS, INC. www.mccielland-engrs.com August 30, 2024 City of Fayetteville City Council 113 W. Mountain Street Fayetteville, AR 72701 RE: Fayetteville High School Tree Preservation Easement Vacation City Council, Please accept this Tree Preservation Easement Vacation request for Fayetteville High School. In response to the need for additional parking, The Fayetteville School District would like to construct a new parking structure at the southeast corner of S Stadium Dr and W Bulldog Blvd, directly west of the school. Per the Unified Development Code, section 167.03, (7) white oaks were preserved in association with the 2011 building expansion and captured in a tree preservation easement. This easement is requested to be vacated. If the 0.65-acre tree preservation easement is approved to be vacated, the Fayetteville School District is offering to dedicate a new easement, totaling +/-2.5 acres, as shown on the attached exhibit. It is estimated that (1) of the (7) white oaks within the existing easement can be preserved as part of the parking structure project. Several similar sized oaks exist within the limits of the proposed easements as well as numerous other species of varying sizes. Please also reference the attached arborist report noting the condition and long-term health concerns for the trees located within the existing easement. The current high school age enrollment for Fayetteville Public Schools is approximately 2,900 students. Depending on the time of year, 1,300 to 1,700 students are driving eligible. Currently the estimated demand for student parking is between 900 and 1,200 students. The high school campus currently supports 850 parking spaces. 300 for staff/faculty and 550 for students. In 2011, when construction began for the new high school addition, high school age student enrollment was near 2,500. At the time, the University of Arkansas allowed high school students to purchase parking passes and use their lots. However, this agreement is no longer available, as enrollment for university has since increased. Undergraduate enrollment for the university in 2011 was 20,349 students whereas undergraduate enrollment has significantly increased to 27,472 in 2023. Additional parking has been added to the Fayetteville High School campus with recent additions, however this has been limited due to inadequate space on the campus. This has forced many students to purchase parking from nearby homeowners, landowners, and businesses as an alternative. Parents report paying as much as $1,300 per year for parking. To address the parking shortage, several options have been explored. With limited developable space on the campus, surface parking would require obtaining neighboring residential properties. As most are not for sale, eminent domain would be necessary, thus depleting available housing stock for students and city residents alike. Considering the constraints, a parking structure on campus has been determined as the best option. Many factors were considered when selecting a location for the new structure. Safety, direct connectivity to the existing high school building, cost, integration with the existing parking, and drop off and pickup traffic patterns were a high priority. Baring the tree preservation easement, the location near the northwest corner of the high school building serves these needs the best. Pros and cons of each area studied are noted below. South (in front) of the high school building • 100 current parking spots would be lost. • During the 2 years of construction the number of student parking spaces would be reduced from 550 to only 450. • To recoup those 100 parking spots, the increased cost to the parking garage would be an additional $4,000,000+. • Students would have to navigate driving in the parking garage since the only entrance would be from ground level. • Supervision of the student -designated portion of the parking garage is a concern • Stormwater detention is located under the south parking lot. As this is the low point of the site, relocating this is not practical. • Aesthetically, a parking garage as the main focal point when entering the FHS and the U of A campuses at MLK and Stadium is not desirable. Northeast (in back) of Fayetteville High School • 158 current parking spots would be lost. • During the 2 years of construction the number of student parking spaces would be reduced from 550 to only 392. • To recoup those 158 parking spots, the increased cost to the parking garage would be an additional $6,000,000+. • Students would have to navigate driving in the parking garage since the only entrance would be from ground level. • Supervision of the student -designated portion of the parking garage is a concern. • An additional 400+ pedestrians would be required to cross traffic at two different locations, which would slow down traffic that is already slow moving. Northwest (between FHS & Stadium Dr.) of Fayetteville High School — Preferred Option • No loss of current parking spots during construction. • The parking garage would connect directly to the school building, thus eliminating additional pedestrians crossing bulldog. • The slope of that location will allow direct access to the top level from Bulldog Blvd - this eliminates the need for students to navigate a parking garage. • The top level of the parking garage will be at ground level for the FHS instructional wing, making it easy to monitor the student parking area. • Adds 460+ new student parking spots, increasing the total number of student parking spots to 1,000+. If you should have any questions, please do not hesitate to contact me. We appreciate your support for this project. Sincerely, McClelland Consulting Engineers, Inc. Chris Bakunas Land Development Department Head, Senior Associate JEREMY WILLIAMS, RCA 1160 E. Pump Station Rd Fayetteville, AR 72701 Office: 479.841.3804 Cell:479-879-5015 TreeClimbersLLC.com General: Office@TreeClimbersLLC.com Direct: Jeremy@TreeClimbersLLC.com Arkansas'First and Only TCM Accredited Company 08-14,2024 City of Fayetteville Public Schools Steve Flickinger Steve.flickinger@g.fayar.net Re: Fayetteville High Post Oaks aSGa RCA #801 _ a Registered Consulting Arborist • ' ISA Board Certified Master Arborist #SO-6263BT ASCA Registered Consulting Arborist #801 TCIA Certified Tree Care Safety Professional #1267 ISA Qualified Tree Risk Assessor ISA Certified Climber Specialist and Wildfire Risk Reduction Qualified Instructor McClelland Consulting Engineers Chris Bakunas cbakunas@mce.us.com Background and Assignment Our office was contacted by both Steve Flickinger and Chris Bakunas requesting that I visit Fayetteville High School and provide a brief opinion on the condition of seven Oaks just west of the High School along Stadium Dr. No testing or special inspections were to be performed. Site Visit Observations I visited the site today, 08-14, 2024. I will use the tree numbers shown in Exhibit D from McClelland Consulting Engineers, which are attached below. All measurements were made using a standard diameter tape at a standard height of 4.5ft (DBH). Trees are rated on a scale of Excellent, Good, Fair, Poor, Dead, or Dangerous. All trees are Post oak Quercus stellata. Tree #1 Measured 32" in diameter. This tree is in good condition. The canopy appeared typical for age and species with recent weather conditions. Some old storm damage is present. The canopy is mainly one-sided from competition with tree #2 over many years. Tree #2 Measured 30.5" in diameter. This tree is in poor condition. The top of this tree has been dead for many years and is in an advanced state of decline. Multiple areas of decay were noted at the base of the tree. Tree #3 Measured 32" in diameter. This tree is in fair condition. The top of this tree has been broken in the last 5+/- years. Unusually pronounced trunk flair is present at the base of this tree. Unusual trunk flair indicates significant hollowing of the trunk. Without further testing, the exact extent of decay is unknown. The canopy density is slightly less than typical for age and species. Tree #4 Measured 35" in diameter. This tree is in poor condition. Significant dieback is present, and the canopy density is significantly below typical density for age and species. Vines are present, which negatively affects the health of the tree. Significant decay and a very pronounced trunk flair is present beyond what is normal for species indicating internal decay. Tree #5 Measured 25" in diameter. This tree is in fair condition. Recent tip dieback is present. Fallen leaves showed symptoms of bacterial leaf scorch. The remaining canopy density is below what is typical for age and species. Tree #6 Measured 30.5" in diameter. This tree is in fair condition. Recent tip dieback is present, with fallen leaves showing symptoms of bacterial leaf scorch. The remaining canopy density is much below what is typical for age and species. Significant damage to the root flair on the east side with decay progressing without signs of reaction wood from the tree. Fayetteville High School Post Oaks 08-14,24 Page 1 of 3 JEREMY WILLIAMS, RCA 1160 E. Pump Station Rd Fayetteville, AR 72701 Office: 479.841.3804 Cell:479-879-5015 TreeClimbersLLC.com General: Office@TreeClimbersLLC.com Direct: Jeremy@TreeClimbersLLC.com Arkansas'First and Only TCM Accredited Company aSGa RCA #801 _ a Registered Consulting Arborist • ' ISA Board Certified Master Arborist #SO-6263BT ASCA Registered Consulting Arborist #801 TCIA Certified Tree Care Safety Professional #1267 ISA Qualified Tree Risk Assessor ISA Certified Climber Specialist and Wildfire Risk Reduction Qualified Instructor Tree #7 Measured 29.5" diameter. This tree is in fair condition. Canopy density is typical for age and species. A large wound on the lower trunk and a buried root flair on the east side are present. Conclusions Trees 2, 4, 5, and 6 are in a condition that may allow them to survive over the next five years, but it should be noted that they have significant health and/or structural issues that cannot be corrected via pruning or treatment. As the issues with these trees progress, the risk that they pose will increase. I do not expect these trees to survive in the long term. Tree 3: The prognosis would be based on the exact extent of decay in the lower trunk. Based on the trunk flair, I expect the decay to be moderate to extreme. If decay is moderate, this tree could be in the same category as trees 1 and 7. If decay is more extensive, the prognosis will be in the same category as trees 2, 4, 5, and 6. It is most likely that this tree will be in the second category. Trees 1 and 7 are expected to survive over the next five years. The issues with these trees are such that they can largely be mitigated to the point that these trees will likely not have significant issues over the next five years. Qualifications A few pertinent qualifications that qualify me to write this report are: ASCA (American Society of Consulting Arborists) Registered Consulting Arborist #801 ASCA (American Society of Consulting Arborists) Tree and Plant Qualified Appraiser ISA (International Society of Arboriculture) Board Certified Master Arborist, #SO-6263BT ISA Tree Risk Assessor Qualification, #SO-6263BT ISA Certified Tree Worker certification, #SO-6263AT ISA Certified Arborist certification, #SO-6263A TCIA (Tree Care Industry Association) CTSP safety auditor and trainer certification, #1267 Full-time practice as an arborist and have served as an expert witness and consultant on numerous cases since 2009. The above report is accurate and true to the best of my knowledge with the information available to me at the time of this report. Any observations are based on conditions visible during my site visit or information provided to me by the client. Opinions or determinations are based on generally accepted industry guidelines and years of full-time practice as an Arborist in Northwest Arkansas. I have no bias or interest in any particular outcome or findings from this report. Any additional consulting, fact, or expert witness services needed will be billed separately and are not included in the cost of this report. Use and acceptance of this report and any information contained herein or given on -site is contingent on payment for services rendered. Any use of this report or information without payment will result in appropriate legal action. Copyright 2024 Tree Climbers LLC. All rights reserved. CH VIL Jeremy Williams, RCA, BCMA 66012 RCA #801 Regiuered Cnns,rlring Arhorisr- Fayetteville High School Post Oaks 08-14,24 Page 2 of 3 CLNe-410!P' 1160 E. Pump Station Rd Fayetteville, AR 72701 Office:479.841.3804 6.'T Cell:479-879-5015 %` '� TreeClimbersLLC.com General: Office@TreeCl imbersLLC.com Direct:Jeremy@TreeCimbersLLC.com 11 NAPIN,. Arkansas'First and Only TCM Accredited Company J • JEREMY WILLIAMS, RCA aSGa RCA #801 - a a� Registered Consulting Arborist • ' ISA Board Certified Master Arborist #SO-6263BT ASCA Registered Consulting Arborist #801 TCIA Certified Tree Care Safety Professional #1267 ISA Qualified Tree Risk Assessor ISA Certified Climber Specialist and Wildfire Risk Reduction Qualified Instructor Exhibit - D Easement to be Vacated (Fayetteville High School Property) �4 , I � �\ •% , MAFM Footprint of proposed parking 1 _ — sbWure 0 0 3 +/-14,374 SF of Canopy (total) r t f� a Existing Trees (typ) � � r o ' 7 � r q o o r s r _ r r � r Fayetteville High School A Y t Fayetteville High School Post Oaks 08-14,24 Page 3 of 3 J NOLLICIGV 3E)H2dVE) E)NI>I'dVd -10OHDS HE)IH DITAD I I:IAV=lNI MM plL, R R M-1 II II II II 0 o ---------------------- 'R Fayetteville High School Tree Island Additions at SWAC Building Deduct 15 Parking Stalls — Convert areas into green space and add trees Fayr!Cer�i.-� II I' Pubiir , I tich'�c' y i' 0E] 0E] 00 ri 908 — f I 0 0 U 2 JR J PMI L4ILL co E E cn m 0. cn L m a. cn U. 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LL O E^, W cn co M c L U c • N 00 +r O D E � . s � �+ Q L° O N U N a) O U � O _0 0 O O CM — O N N O (0 N N }' 0 fA a) a) � O C C Co 4- Cc c- L C O a)O O U o N Q j a) m .O - N + O U 4-U O U .L Co E 'L U)N i5 fn U) 0 0 0 0 U) a� c O co O :tf M -C U)E cu 0 = LL c�� ° O� L 0 O a, 12 OQ cn N .� U) .S c m~ L O r � O 0 cq \ a- + U WEST 0 20 40 EXHIBIT NW CORNER R/ �AY�S W<<�OGq� SCALE 1" - 40, SW 1/4 SW 'Al' SECTION 61/4 �FgsPy GTUF �qRI T 16 N R 30 W ROgO ge46 S87° 06' 56"E-30.77' Rid, SIT y URe GENT of S870 06' 56"E-92.11' �FR \\\\\\\\\\\\\\\\\\\\\\\\ LAND LINE } POB TREE PRESERVATION Q \ \ \ AREA VACATION \ \ \ \ \ LL� \\\\\\\\\\\\\\\\\\\\\\\\\ o k \\\\\\\\\\\\\\\\\\\\\\\\\ _ \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\ = m \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\ o w Q o \\\\\\\\\\\\\\\\\\\\\\\\\ w w > a. 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FT. \\\\\\\\\\\\I O 0 0.61 AC: , a\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\Ln V\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\I0 _\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\IO w\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ p J♦\\\\\♦\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ILn \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ N12° 23' 08"W-34.41'------LL`L�i------ I N890 57' 55"W-126.60' u 1 V N .V. a I 11 765-14448-000 411-202 — TAX PARCEL NUMBER DEED RECORD EXISTING RIGHT-OF-WAY LINE LEGEND TREE PRESERVATION AREA \� PER EASEMENT PLAT 2011-00007587 TO BE VACATED BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) CB De MCCLELLAND —E REVISION FAYETTEVILLE HIGH SCHOOL CONSULTING 07i1ei2024 EXHIBIT "A" 1 FAYETEVILLE/ ARKANSAS -ENGINEERS, INC. MAP SCALE: PRO]. NUMBER'. AS NOTED 242711 1580 E. STEARNS ST. * FAYETTEVILLE SCHOOL DISTRICT # 1 FAYETTEVILLE, AR 72703 F u - 1 (479) 443-2377 EXHIBIT 'A2' TREE PRESERVATION AREA PER EASEMENT PLAT 2010-00021498 0 30 60 SCALE 1" = 60' ...........................................:��S790 25 ......................................................................................................................... 06 ......................................................................................................................... Ln........................................................................................................................y Lu ........................................................................................................................ 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POB TREE PRESERVATION EASEMENT SW CORNER TRACT A PER TRACT SPLIT 2009-00027676 LEGEND 5-14295-002 TAX PARCEL NUMBER 09-27921 DEED RECORD --«���- . PROPOSED TREE PRESERVATION L EASEMENT — — EXISTING PROPERTY LINE BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) kNOTED BYDBWN HAPPY HOLLOW ELEMENTARY SCHOOLCONSULTING MCCLELLAND REVISION: EXHIBIT "A" 2HIM FAYETTEVILLE ARKANSAS ,242711 FAYETTEVILLE SCHOOL DISTRICT # 1FAYETTEVILLE, -ENGINEERS, INC. 1810 N COLLEGE AVE. AR 72703 (479) 443-2377 PRO]. NUMBERMAP _ 1 v s»a Om §8m EXHIBIT'B'®o®m©� o<i9w �z mPeq: m-:p"yY3" �pyrey�x�3 c�i `� Oa'�x �a�• ;��g# ti� s5 a I � k�9� ccn,m mcm mcc mmmcc r, mnnmcccmm= ; o ."� Ul y.', �ee=9�s4 s$ n s a B8m Z0 V $ �mB gg c so•oz•os•w � +g �n�^-,..NAO QKR •_�� Y ,/Y � 265.46' /y � /��` / a � 9r=1111 �• Ac ---------- 49, •�..............'�_-_n__�-� —isr�seesiv_s.�w r----------R^+ mmgo$"m�o � I apj 9.uv Rs < ogg<z�<R I h j I c: � j sa9yrw - aar I cal I Is 6 m l� g: m l l `4R R soma=R o I pI Iw �6 ( I y I fg '�5�f Rog R98A x I+ I I Rx�9)re_a I q5 RR" �4'gS 99m9',3•R a I I I I u'm)rw-aro• I dl r. r f III m I^5 < R^€>4g gv8g3 s; \\ l ` I �..,•63�6•R I I_ R°�'R9•R Wpp•R9•R $ �-y' �� - � � � � � � � � � � ' `� =tea"=::I' 99.R9• . .._ ,-..-. _.._.._.._.. ara99 §ym I 9 `w� l I 1?4_ as ue 9a99• Rc u.c n1r �� i �' ..—.._.. _..—. Rnmc seieax uxR _.._.._.._.._. _. _. J � I 9 � � ^ q �, %� � S2'38'19•W-487.83' 9 RN r - I \� 1----- ------ `- -- --- l ------------ - 938.44' N2--� ('38,8.19.E 'E - 938.94') t i d ~ `'OlS002Id g g 4 Tas ........... ,"I . a� p'=50 7�'39 IR.- �' V'�R1m"m;, 1 3'�f �wwgk�rt �� € mN— x 9- R gig s" cgs 9 �� ; u 0 , - M ; , FAYET�'EVILLE v McCLELLAND = sm HIGH SCHOOL �CEcoNSULTING �w< f= FAYMB AWAPk3AS OENGINEERS,INC. 1 9 m a McCLELLAND EXHIBIT 1810 N. College Avenue ffl"CE�P.O. Box 1229 CONSULTING �C� Fayetteville, AR 73703172702-1229 ENGINEERS INC 479-443-2377/Fax 479-443-9241 , www.mccielland-engrs.com July 17, 2024 City of Fayetteville City Council 113 W. Mountain Street Fayetteville, AR 72701 RE: Fayetteville High School Tree Preservation Easement Vacation City Council, Please accept this Tree Preservation Easement Vacation request for the Fayetteville High School. In response to the need for additional parking, The Fayetteville School District would like construct a new parking structure at the southwest corner of S Stadium Dr and W Bulldog Blvd, directly west of the school. Per the Unified Development Code, section 167.03, (7) white oaks were preserved in a prior building expansion phase and captured in a tree preservation easement. Many factors were considered when selecting a location for the new parking structure. Safety, direct connectivity to the existing high school building, and connectivity and integration into the existing drop off and pickup traffic patters were at the top of the list. Baring the tree preservation easement, this location serves the school's needs the best. If allowed to be vacated, the .61-acre tree preservation easement on the high school property will be replaced with another tree preservation easement, 2.25 acres, on another property held by the Fayetteville School District, directly south of Happy Hollow Elementary. The larger easement is intended to compensate for the loss of the 25"-32" white oaks on the high school property. The proposed replacement easement consists of 100s of tree, however smaller in size. Species mainly consisting of oak, hickory, elm, and cedar. Please see the attached documents showing the easement to be vacation and the easement to be dedicated. If you should have any questions, please do not hesitate to contact me. We appreciate your support of this project. Sincerely, McClelland Consulting Engineers, Inc. Chris Bakunas Land Development Department Head, Senior Associate (479) 443.2377 cbakunas@mce.us.com NOLLICIGV 3E)H2dVE) E)NDFdVd -10OHDS HE)IH DITAD I I:IAV=lNI MM mt-W plL, i M M-1 9.. In II II II II 0 o - - - - - - - - - - - - - - - - - - - - - - EXHIBIT'D' EXHIBIT'E' Easement to be Vacated (Fayetteville High school Property) 1066 ' Footprint of proposed parking V�. ' structure N +/-14,374 SF of Canopy (total) > I L 1`fl I 1 Existing Trees (typ) � I I N O I 7 a O I� O A I I I � I I _ I I I I I � I I Fayetteville High School oil # Species DBH in Inches Notes 1 White Oak 32 Poor structure, prior damage to crown 2 White Oak 30.5 Tree shows some sign of stress via dying leaves, crown previously removed, decay in upperthird of canopy. 3 White Oak 32 Tree appears to be in good health other than showing some sign of stress via dying leaves 4 White Oak 35 Decay noted at root flare, hollow core, several areas of decay noted in canopy 5 White Oak 25 Good health 6 White Oak 30.5 Decay noted at root flare, showing some sign of stress via dying leaves, several areas of decay noted in canopy 7 White Oak 29.5 heartwood decay noted, several areas of decay noted in canopy Total 214.5 ***See corresponding photos below** �k via % �#y may. IF.aq' .1 - Exhibit - E Proposed Easement (Happy Hollow Elementary Property) Happy Hollow Elementary 2010-21498 765-14295-002 FAYE ITEVILLE SCHOOL DISTRICT a I 1498 5 6 ■ 7 g Area of Dense ■ Cedars � ■ ■ 10 12 Ash/Hickory Mix ! O up to 8" DBH 13 14 ■ 10 ■ w ■ 1405/027 76s-14298-000 OSBORN, CARL T tt Species DBH in Inches Notes 1 White Oak 22 Good health 2 Red Oak 10 Good health 3 Hickory 10 Good health 4 Hickory 10 Good health 5 White Oak 15 Good health 6 White Oak 15 Good health 7 White Oak 12 Good health 8 White Oak 22 Good health 9 White Oak 17 Good health 10 White Oak 18 Good health 11 Red Oak 12 Good health 12 Red Oak 12 Good health 13 Red Oak 12 Good health 14 Red Oak 15 Good health 15 Red Oak 18 Good health 16 Red Oak 18 Good health Total 238 Only includes trees 12" or larger. Numerous other smaller trees existing on the site "`See corresponding photos below*** aH� ORDINANCE NO. AN ORDINANCE TO APPROVE THE VACATION OF 0.61 ACRES OF A TREE PRESERVATION EASEMENT AT 1001 WEST BULLDOG BOULEVARD IN WARD I IN EXCHANGE FOR THE FAYETTEVILLE SCHOOL DISTRICT'S OFFER TO DEDICATE AN ADDITIONAL 2.05 ACRES OF TREE PRESERVATION EASEMENT AND IMPLEMENT ADDITIONAL TREE PRESERVATION MEASURES WHEREAS, the Fayetteville School District would like to vacate approximately 0.61 acres of existing tree preservation easement on property located at 1001 West Bulldog Boulevard to facilitate the construction of a parking deck; and WHEREAS, the District has offered to dedicate approximately 2.05 acres of tree preservation easement on the Fayetteville High School campus; and WHEREAS, the District has also committed to implement additional tree preservation measures on site and with future projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines, upon consideration of the conditions set forth below, that the Fayetteville School District has proven to the City Council's satisfaction that the vacation of 0.61 acres of tree preservation easement, as shown on Exhibit A1, on property located at 1001 West Bulldog Boulevard is in the best interest of the City of Fayetteville and therefore grants the Fayetteville School District's request to vacate the existing tree preservation easement as to those 0.61 acres. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the following: I. The Fayetteville School District shall dedicate approximately 2.05 acres of new tree preservation easement on the Fayetteville High School campus as indicated on Exhibit B attached to the staff memo, including additional plantings in areas noted; 2. Tree removal associated with the proposed parking structure shall be mitigated with on -site tree plantings; 3. The District shall install 15 tree islands and associated shade trees within the existing parking lot north of the Fayetteville High School building and shall plant shade trees in the greenspace adjacent to the east side of South Buchanan Drive's extension north of Bulldog as shown in Exhibit F attached to the staff memo in accordance with the City's landscaping standards; 4. The District shall install tree guards to help minimize damage to new trees in in the areas referenced in Condition 3 and in other areas of high vehicular or pedestrian traffic as required by the City's Urban Forester; 5. The District shall consult with City Urban Forestry staff annually on best practices and an evaluation of tree preservation easements; 6. Tree preservation easements dedicated as part of this vacation and on future District projects shall be memorialized with educational signage to acknowledge their presence and educate campus visitors; 7. The District commits to repurpose trees removed from the vacated easement for furnishings, streambank restoration, or similar purposes in place of disposal or burning; 8. The District shall meet minimum tree canopy requirements for the development of the campus at Joyce Blvd (Parcel 765-13237-006) through on -site preservation; and 9. The District commits to adhering to the tree preservation ordinance requirements for the forthcoming campus at College Ave (parcel #765-13438-000), with a commitment to pursuing on -site preservation as a priority. PASSED and APPROVED this 17th day of September, 2024. APPROVED: M. ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council FROM: Blake Pennington, Senior Assistant City Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal Attorne DATE: September 12, 2024 RE: Vacation of the Fayetteville High School Tree Preservation Easement I have drafted a revised ordinance based on the new staff recommendation regarding the Fayetteville School District's request to vacate the tree preservation easement at Fayetteville High School. The revised ordinance contains several new conditions that are not part of the ordinance currently under consideration. I am attaching the new proposed ordinance along with the exhibits referenced therein. Exhibit Al is the tree preservation easement proposed to be vacated. Exhibit B is the new tree preservation easement the District has offered to dedicate on the Fayetteville High School campus. Exhibit F shows the proposed additional tree planting at FHS. If the City Council wishes to consider the new conditions proposed by the District, please move to amend to the new ordinance. ORDINANCE NO. AN ORDINANCE TO APPROVE THE VACATION OF 0.61 ACRES OF A TREE PRESERVATION EASEMENT AT 1001 WEST BULLDOG BOULEVARD IN WARD I IN EXCHANGE FOR THE FAYETTEVILLE SCHOOL DISTRICT'S OFFER TO DEDICATE AN ADDITIONAL 2.05 ACRES OF TREE PRESERVATION EASEMENT AND IMPLEMENT ADDITIONAL TREE PRESERVATION MEASURES WHEREAS, the Fayetteville School District would like to vacate approximately 0.61 acres of existing tree preservation easement on property located at 1001 West Bulldog Boulevard to facilitate the construction of a parking deck; and WHEREAS, the District has offered to dedicate approximately 2.05 acres of tree preservation easement on the Fayetteville High School campus; and WHEREAS, the District has also committed to implement additional tree preservation measures on site and with future projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines, upon consideration of the conditions set forth below, that the Fayetteville School District has proven to the City Council's satisfaction that the vacation of 0.61 acres of tree preservation easement, as shown on Exhibit A1, on property located at 1001 West Bulldog Boulevard is in the best interest of the City of Fayetteville and therefore grants the Fayetteville School District's request to vacate the existing tree preservation easement as to those 0.61 acres. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the following: I. The Fayetteville School District shall dedicate approximately 2.05 acres of new tree preservation easement on the Fayetteville High School campus as indicated on Exhibit B attached to the staff memo, including additional plantings in areas noted; 2. Tree removal associated with the proposed parking structure shall be mitigated with on -site tree plantings; 3. The District shall install 15 tree islands and associated shade trees within the existing parking lot north of the Fayetteville High School building and shall plant shade trees in the greenspace adjacent to the east side of South Buchanan Drive's extension north of Bulldog as shown in Exhibit F attached to the staff memo in accordance with the City's landscaping standards; 4. The District shall install tree guards to help minimize damage to new trees in in the areas referenced in Condition 3 and in other areas of high vehicular or pedestrian traffic as required by the City's Urban Forester; 5. The District shall consult with City Urban Forestry staff annually on best practices and an evaluation of tree preservation easements; 6. Tree preservation easements dedicated as part of this vacation and on future District projects shall be memorialized with educational signage to acknowledge their presence and educate campus visitors; 7. The District commits to repurpose trees removed from the vacated easement for furnishings, streambank restoration, or similar purposes in place of disposal or burning; 8. The District shall meet minimum tree canopy requirements for the development of the campus at Joyce Blvd (Parcel 765-13237-006) through on -site preservation; and 9. The District commits to adhering to the tree preservation ordinance requirements for the forthcoming campus at College Ave (parcel #765-13438-000), with a commitment to pursuing on -site preservation as a priority. PASSED and APPROVED this 17th day of September, 2024. APPROVED: M. ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer IFS 0 20 40 �AY�S w44'D NW CORNER /�j SW 1/4 SW 1/4 jOFgsP VFNUF SCALE 1" = 40' SECTION 16 yq�TRo gRIgB T16NR30W gt)pv"4 wIDT CURB S87° 06 6 E-3 .77' Raw 0 G0�F F S ° ' 56"E-92.11' R \\\\\\\\\\\\\\\\\\\\\\\\ LAND LINE POB TREE PRESERVATION } Q \ \ \ AREA VACATION \ \ \ \ \ LLB \\\\\\\\\\\\\\\\\\\\\\\\\ O k \\\\\\\\\\\\\\\\\\\\\\\\♦ m \\\\\\\\\\\\\\\\\\\\\\\\♦ m m o \\\\\\\\\\\\\\\\\\\\\\\\♦ O ♦\\\\\\\\\\\\\\\\\\\\\\\\ o U \\\\\\\\\\\\\\\\\\\\\\\\♦ O w Q o \\\\\\\\\\\\\\\\\\\\\\\\\ w > ce O w uJ Q'J \\\\\\\\\\\\\\\\\\\\\\\\\ Q N \\\\\\\\\\\\\\\\\\\\\\\\\ p ° n Q - O O w V) \\\\\\\\\\\\\\\\\\\\\\\\\ O ♦\\\\\\\.,�\,,\\\\\�\\\\\\\\\\\\ a M J ; \ \�A�S`\EMEENT, PLATWCUM\EN�; \; ° o O z z \\\\\\Q11�Q5�8�j�\\\\\\\\ S89° 57' S5"E-42.00' o Lf) Q \\\\\\\\\\\\\\\\\\\\\\\\\ k LL AREA TOBEVACATED` \\\\\`\\\\\Io \\\\\\\\\\ 26682 SQ. FT. \\\\\\\\\\\\I O 0 0.61 AC: , a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Ln \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \I O V \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\I0 w\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ J p ♦\\\\\♦\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ILn \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ N120 23' 08"W-34.41' o I u V N .V. m I a N890 57' 55"W-126.60' 1 11 765-14448-000 411-202 — TAX PARCEL NUMBER DEED RECORD EXISTING RIGHT-OF-WAY LINE LEGEND TREE PRESERVATION AREA \� PER EASEMENT PLAT 2011-00007587 TO BE VACATED BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) CB De MCCLELLAND —E REVISION FAYETTEVILLE HIGH SCHOOL CONSULTING 07i1ei2024 EXHIBIT "A" FAYETEVILLE/ ARKANSAS —ENGINEERS, INC. MAP SCALE: PRO]. NUMBER'. AS NOTED 242711 1580 E. STEARNS ST. * FAYETTEVILLE SCHOOL DISTRICT # 1 FAYETTEVILLE, AR 72703 F u - 1 (479) 443-2377 Fayetteville High School Tree Island Additions at SWAC Building Deduct 15 Parking Stalls — Convert areas into green space and add trees Fayr!Cer�i.-� II I' Pubiir , I tich'�c' y i' 0E] 0E] 00 ri 908 — f I Form v1.54 NW4\ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILL.E-CLERKS OFFI RECEIVED 113 W MOUNTAIN FAYEFIEVILLE, AR 72701 SEP 2 4 2024 Ad number#: 441106 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE PO#: Matter of: ORD 6791 AFFIDAVIT•STATE OF ARKANSAS I, Maria Hernandez-Lopez,do solemnly swear that 1 am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State ofARKANSAS;that 1 was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6791 Pending in the court, in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$293.36. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 09/22/24;NWA nwaonline.com 09/22/24 \\\\\llllllrlll0/o Legal • Cler �0 .22-20 's State of ARKANSAS,County of Sebastian , ! Liu, NOT••�RyC6 Subscribed and sworn to before me on this 23rd day of September, 2024 y.:� j°Ug \C o c `P .Cr rc:. _� i 'mil%? 12 •' CO U NTH\\\\cos. ARY PUBLIC Ordinance:6791 purpose trees removed from the File Number: 2024-417 vacated easement for furnish- VACATION-2024-0016:(1001 fogs or similar purposes in place W. BULLDOG BLVD./FAYET- of disposal or burning; TEVILLE PUBLIC SCHOOLS, 8. The District shall meet 522): minimum tree canopy require- AN ORDINANCE TO APPROVE ments for the development of THE VACATION OF 0.61 ACRES the campus at Joyce Blvd(Par- OF A TREE PRESERVATION cel 765- 13237-006)through EASEMENT AT 1001 WEST on-site preservation: BULLDOG BOULEVARD IN WARD 9.The District commits to ad- 1 IN EXCHANGE FOR THE FAYET- hexing to the tree preservation TEVILLE SCHOOL DISTRICT'S ordinance requirements for the OFFER TO DEDICATE AN ADDI- forthcoming campus at College TIONAL 2.05 ACRES OF TREE Ave(parcel e765-13438-000), PRESERVATION EASEMENT AND with a commitment to pursuing IMPLEMENT ADDITIONAL TREE on-site preservation as a prior- PRESERVATION MEASURES ity;and WHEREAS, the Fayetteville 10.The District commits to School District would like to va- consult with the City's Urban cafe approximately 0.61 acres Forester to identity and remove of existing tree preservation invasive species within the easement on property located at areas covered by the new tree 1001 West Bulldog Boulevard to preservation easement and re- facilitate the construction of a place those invasive species parking deck;and with native species as appropri- WHEREAS,the District has of- ate,and will seek to provide op- fered to dedicate approximately portunities for students to learn 2.05 acres of tree preservation about the removal and replace- easement on the Fayetteville ment of invasive species. High School campus;and PASSED and APPROVED on WHEREAS, the District has September 17,2024 also committed to implement Approved: additional tree preservation Lioneld Jordan,Mayor measures on site and with fu- Attest: ture projects. Kara Paxton, NOW,THEREFORE,BE IT OR- City Clerk Treasurer • DAINED BY THE CITY COUNCIL This publication was paid for OF THE CITY OF FAYETTEVILLE, by the City Clerk-Treasurer of ARKANSAS: the City of Fayetteville, Section 1:That the City Coon- Arkansas. cn of the City of Fayetteville, Amount Paid:S293.36 Arkansas hereby determines. September 22,2024 441106 upon consideration of the con- ditions set forth below,that the Fayetteville School District has proven to the City Council's sat- isfaction that the vacation of 0.61 acres of tree preservation easement,as shown on Exhibit Al,on property located at 1001 West Bulldog Boulevard is in the best interest of the City of Fayetteville and therefore grants the Fayetteville School District's request to vacate the existing tree preservation easement as to those 0.61 acres. Section 2:The vacation and abolishment of the tree preser- vation easement is conditioned upon the following: 1.The Fayetteville School District shall dedicate approxi- mately 2.05 acres of new tree preservation easement on the Fayetteville High School campus as indicated on Exhibit B at • • - tacked to the staff memo,in- cluding additional plantings in areas noted; 2.Tree removal associated with the proposed parking structure shall be mitigated with on-site tree plantings; 3.The District shall install 15 tree islands and associated shade trees within the existing parking lot north of the Fayet- teville High School building and shall plant shade trees in the greenspace adjacent to the east side of South Buchanan Drive's extension north of Bulldog as • shown in Exhibit F attached to the staff memo in accordance with the City's landscaping standards: 4.The District shall install tree guards to help minimize damage to new trees in in the areas referenced in Condition 3 and in other areas of high vehic- ular or pedestrian traffic as re- quired by the City's Urban Forester; 5.The District shall consult with City Urban Forestry staff annually on best practices and an evaluation of tree preserva- tion easements; 6. Tree preservation ease- ments dedicated as part of this vacation and on future District projects shall be memorialized with educational signage to ac- knowledge their presence and educate campus visitors; 7.The District commits to re-