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HomeMy WebLinkAboutOrdinance 6791 am. ,•`i
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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
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Approve,: Attest: ���F-F:K•I•••F,9s!�z�i
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FAYETTE.V;I_;-�
iKneld Jordan, M. o Kara Pax on,Ci Clerk Treasurer ".y•.9RKgN`P•
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 19 3. 319
Page 2
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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:
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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
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JEREMY WILLIAMS, RCA
aSGa RCA #801 - a
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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)
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Fayetteville High School Post Oaks 08-14,24 Page 3 of 3
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BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
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MAP
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AS NOTED 242711 1580 E. STEARNS ST.
* FAYETTEVILLE SCHOOL DISTRICT # 1 FAYETTEVILLE, AR 72703
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EASEMENT PLAT 2010-00021498
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LEGEND
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kNOTED
BYDBWN
HAPPY HOLLOW ELEMENTARY SCHOOLCONSULTING
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REVISION:
EXHIBIT "A" 2HIM
FAYETTEVILLE ARKANSAS
,242711
FAYETTEVILLE SCHOOL DISTRICT # 1FAYETTEVILLE,
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1810 N COLLEGE AVE.
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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
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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
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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.-�
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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-