HomeMy WebLinkAboutOrdinance 4618ORDINANCE NOA 618
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 04-1159,
BEACON FLATS LOCATED AT 867 N. COLLEGE
AVENUE CONTAINING .69 ACRES, MORE OR LESS;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN
AS APPROVED BY THE PLANNING COMMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is
hereby changed as follows:
From R-O, Residential Office to R-PZD 04-1159 as shown in
Exhibit "A" attached hereto and made a part hereof.
Section 1: That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the plat and approved by
the Planning Commission on August 23, 2004.
Section 3: That this ordinance shall take affect and be in full force at such time as
all of the requirements of the development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 21" day of September, 2004.
By:
SONDRA SMITH, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII `
Doc ID: 007796070002 Tvoe; REL
Recorded: 10/22/2004 at 09:04:02 AM
Fee Amt: $11.00 P9oe 1 of 2
Nashlnaton Countv. AR
Bette Stamps Circuit Clerk
File2004-00043694
•
EXHIBIT "A"
R-PZD 04-1159
A PART OF LOT NUMBERED ONE (1)5 A PART OF LOT NUMBERED TWO (2) AND
APART OF LOT NUMBERED THREE (3), ALL IN BLOCK NUMBERED TWELVE (12)
OF AL TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT
ONE (1), SAID POINT BEING N89055147"W 5.00 FEET FROM THE ORIGINAL
NORTHWEST CORNER OF SAID LOT ONE (1); THENCE S89°55'47"E ALONG THE
NORTH LINE OF SAID LOT ONE (1) 165.25 FEET TO A CHISELED "X" IN
CONCRETE ON THE WESTERLY RIGHT OF WAY OF COLLEGE AVENUE, SAID
POINT BEING ON A 252.36 FOOT RADIUS CURVE CONCAVE TO THE WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY 26.50
FEET, THE CHORD FOR WHICH BEING S 11 052549"W 26.48 FEET, TO A CHISELED
"X" IN CONCRETE AT THE POINT OF TANGENCY OF SAID CURVE; THENCE
CONTINUING ALONG SAID RIGHT OF WAY THE FOLLOWING BEARINGS AND
DISTANCES:
S1405316"W 50.77 FEET TO A SET IRON;
S89055'47"E 4.14 FEET TO A CHISELED "X";
S14053'16"W 41.61 FEET TO A CHISELED "X';
N75006'4499W 6.00 FEET TO A CHISELED "X";
S 14°53' 16"W 109.96 FEET TO A SET IRON AT A POINT WHICH IS 5.00 FEET
NORTH OF THE SOUTH LINE OF SAID LOT THREE (3); THENCE LEAVING SAID
RIGHT OF WAY N89055947"W 106.47 FEET TO A SET IRON AT THE ADJUSTED
WEST LINE OF SAID LOT THREE (3), SAID POINT BEING 5.00 FEET WEST OF THE
ORIGINAL WEST LINE OF SAID LOT THREE (3); THENCE N00°05'0699E 220.00 FEET
TO THE POINT OF BEGINNING.
I
Washington County, AR
I certify this instrument was filed on
10/22/2004 09:04:02 AM
and recorded in Real Estate
File Number 2004-00043694
Bette Stamps - Circuit Itk
by
r •
NAME OF FILE: Ordinance No. 4618
w/ Ex. A
CROSS REFERENCE:
Item # Date Document
1 12/02/04 memo to mayor & City Council
2 draft ordinance
3 copy of Order of Annexation
4 memo to Fayetteville Planning Commission
5 letter from Police Dept.
6 memo to Fayetteville Subdivision Committee
7 copy of letter to Amy C. Scott
8 copy of letter to Jeremy Pate
g copy of letter to Planning Division, Jeremy Pate
10 copy of letter to Planning Division, Jeremy Pate
11 copy of plat
12 copy of Close Up View
13 copy of One Mile View
14 copy of Future Land Use
15 Staff Review
16 picture for Beacon Flats
17 copy of grading plan
18 copy of site/utility plan
19 copy of landscape plan
20 copy of tree preservation plan
21 copy of letter to City Council from Gary Cochran
22 copy of memo to Dawn Warrick
23 Affidavit of Publication
24
25
NOTES:
10/22/04 filed at Wash. Co. Circuit Clerk office
B/*4� D
0
9/r�i / o�
City Council Meeting* September 21, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO R PZ
To: Mayor and City Council �ecrcDil
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: September 02, 2004
Subject: Residential Planned Zoning District for Beacon Flats (R-PZD 04-1159)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Beacon Flats. This action will establish a unique zoning
district and approve a site development plan for a mixed -use office/multifamily
redevelopment project with 9 attached dwelling units and 2,718 SF of office'space.
BACKGROUND
Property description: The subject 0.69-acre tract is located at the intersections of
Clebum St., Pollard Avenue and College Avenue, the former site of Nick's Auto Lobe.
The property is adjacent to a variety of zoning and uses, including R-O to the north and
south, single family/RSF-4 to the west and College Avenue, strip commercial/C-2 to the
east. The property is currently zoned R-O, Residential Office, which allows for office and
single or two-family residences. The Future Land Use Plan identifies this property as a
Community Commercial area. The property currently contains a derelict, abandoned
former auto lube and repair shop.
Proposal: The request is for a Residential Planned Zoning District on 0.69 acres currently
zoned R-O, Residential Office, located at College Avenue, Pollard Avenue and Cleburn
Street. The applicant requests a rezoning and Large Scale Development approval for a
mixed use re -development consisting of three buildings. The project is the former site of
Nick's Auto Lobe, an automobile service station. The applicant proposes to renovate the .
building at the comer of Cleburn and College into a 2,500 SF office space. The connected
building, to the west, is to be demolished and rebuilt into two 2-bedroom apartments and
two 1-bedroom apartments, with six parking spaces located underneath. An entirely new
structure is also proposed on the site, housing five 2-bedroom apartments with two
parking spaces underneath each. The applicant also proposes to construct on -street
parking to meet parking demands, along with ancillary patios, landscape plantings,
lighting, outdoor courtyards street improvements and public sidewalks.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of this request on Monday, August 23,
2004. Approval of a planned zoning district requires City Council approval as it includes
zoning (land use) as well as development approval (site development plan).
• City Council Meeting* September 21, 2004
Agenda Item Number
Recommended conditions were approved by the Planning Commission, which are
reflected in the attached staff report.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 04-1159,
BEACON FLATS LOCATED AT 867 N. COLLEGE
AVENUE CONTAINING .69 ACRES, MORE OR LESS;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN
AS APPROVED BY THE PLANNING COMMISSION.
BE IT ORDAINED BY THE CITY
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone
hereby changed as follows:
From R-O, Residential Office to li
hereto and made a part hereof..
Section 2. That the cha
approved. master development plan
and approved by the P6n in ,Com
time as all of the
is her&b amended
By:
PASSED AND
SONDRA SMITH, City Clerk
of the
04-1159
THE CITY OF
is
in Exhibit "A" attached
ation is based upon the
lards as shown on the plat
2004.
affect and be in full force at such
plan have been met.
zoning map of the City of Fayetteville, Arkansas,
Ng change provided in Section 1 above,
this day of , 2004,
APPROVED:
By:
DAN COODY, Mayor
EXHIBIT "A"
R-PZD 04-1159
A PART OF LOT NUMBERED ONE (1)9 A PART OF LOT NUMBERED TWO (2) AND
APART OF LOT NUMBERED THREE (3), ALL IN BLOCK NUMBERED TWELVE (12)
OF AL TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE ADJUSTED NORTH WES"IORNER OF SAID LOT
ONE (1). SAID POINT BEING N89055147"W 5.00 FEE�1 FROM THE ORIGINAL
NORTHWEST CORNER OF SAID LOT ONE (1); THENCE 89°55'47"E ALONG THE
NORTH LINE OF SAID LOT ONE (1) 1,65.25 FEET TO XCHISELED "X" IN
CONCRETE ON THE WESTERLY RIGHT OF W YPKCOLLEGE AVENUE, SAID
POINT BEING ON A 252.36 FOOT RADIUS �CURVE CONCAV�T THE WEST;
THENCE SOUTHWESTERLY ALONG SAID.CURVE*AND RIGHT 26.50
FEET, THE CHORD FOR WHICH BEING S-11 °52349"W 26:48 FEET, TO CHISELED
"X" IN CONCRETE AT THE POINT OF TANGENGY% SAID CURVE; THENCE
CONTINUING ALONG SAID RIGIJTT DOFF WAY THE`FOLL WING BEARINGS AND
11
DISTANCES: ��
S14053' 16"W 50.77 FEET TO AtSET PROIV;
S89°55'47"E 4.14 FEET TO A CHISELED^"X' ;
S 14053' 16"W 4- FEET TO A CHISELED "X>;
N7500614451W `6.00 FEET�TO A CHISELED "X %
S 14053' 16vr .;l09 96 FiET TO A SET11RON AT A POINT WHICH IS 5.00 FEET
NORTH OF THE SOUTH`LWE�OF-SAID LOT/THREE (3); THENCE LEAVING SAID
RIGHT OF WAY:1*06:4.7FEET TO A SET IRON AT THE ADJUSTED
WEST LINE OF SAID LOT THREE (3). SAID POINT BEING 5.00 FEET WEST OF THE
ORIGIN/AL WEST I & OF SAY13 L, OAT THREE (3); THENCE N00°05'067E 220.00 FEET
TO THE:POINT OF BEGf�NING)/
FAYETTEVILLE PC Meeting of August 23, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
' PLANNING DIVISION CORRESPONDENCE Telephony. 50I-575;3264
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: August 18, 2004
R-PZD 04-1159: Planned Zoning District (BEACON FLATS): Submitted by MORGAN
HOOKER for property located at 867 N COLLEGE AVENUE. The property is zoned R-O,
RESIDENTIAL OFFICE and contains approximately 0.69 acres. The request is to approve a
Planned Zoning Development with office space and 9 dwelling units proposed.
Property Owner: JC & ALMA NICKELL
Submitted on behalf of: TIM COOPER
Planner: JEREMY PATE
Findings:
Proposal: The request is for a Residential Planned Zoning District on 0.69 acres currently zoned
R-O, Residential Office, located at College Avenue, Pollard Avenue and Clebum Street. The
applicant requests a rezoning and Large Scale Development approval for a mixed use re-
development consisting of three buildings. The project is the former site of Nick's Auto Lube, an
automobile service station. The applicant proposes to renovate the building at the comer of
Clebum and College into a 2,500 SF office space. The connected building, to the west, is to be
demolished and rebuilt into two 2-bedroom apartments and two'l-bedroom apartments, with six
parking spaces located underneath. An entirely new building is also proposed on the site, housing
five 2-bedroom apartments with two parking spaces underneath each. The applicant also
proposes to construct on -street parking to meet parking demands, along with ancillary patios,
landscape plantings, lighting and outdoor courtyards.
Proposed Development'
R-PZD, Residential Planned Zoning District
# of
Parking
Land Use
Square Feet
# of Units
Bedrooms
Required
Bldg 1
Multi -family Residential
21941
5
10
10 spaces
Bldg 2
Multi -Family Residential
21835 .
4
6
6 spaces
Bldg 3
Office
2,718
N/A
N/A
9 spaces
Individual
Multi -Family
51776
9
16
16 spaces
Total
Office
2,718
9 spaces
TOTAL
x 3 Bld s
Mixed -Use
8,494
-
-
25 spaces
t ne appncant proposes iy on -site spaces, with additional space to park outside of each of the 5 units'
garage. Additionally, the proposal includes the construction of 12 on -street parallel parking spaces.
Density:
Total
proposed
dwelling units
on the 0.69
acres
numbers 9, therefore
the proposed
density
for the
R-PZD is
13.0
DU/acre.
A total
of 2,718
SF of office space is
proposed.
Access:
The development
is proposed to have one means of vehicular access onto the site, from
Pollard
Avenue. All other
access points are on -street
or pedestrian -oriented.
Buildings near the street, on -street parking, and the placement of appropriate landscaping in the
development have been situated to create a desirable, pedestrian -oriented streetscape along the
two street fronts of Pollard and Clebum. Parallel parking and sidewalks are incorporated with the
development, and the on -site parking is located to the rear of the structures. Primary greenspace
is located along College Avenue, with the addition of numerous plantings. The dangerous steps
leading down onto College Avenue are proposed for removal, with the reconstruction of a
pedestrian access in a safer configuration. Additionally, six-foot sidewalks are proposed to
connect to those along Clebum St. Careful selection of plants for the corner of Clebum St. and
College Avenue is necessary, to enable safe sight distance lines for east -bound traffic.
Architectural elevations of the proposed structures have been submitted for Planning
Commission review. The applicant proposes materials that transition between the commercial
nature of College Avenue to the single family residential nature of the development merely one
block to the west. Materials proposed include grey and blond brick, wood lap siding and painted
concrete block, utilizing an "industrial/modem" design scheme. All interior drives, landscaping,
common areas and buildings will be maintained by the developer.
Existing Development: The site is currently a derelict, abandoned automobile service station. A
tall retaining wall exists along the eastern boundary of the site, constructed by the Hwy
department with improvements to Hwy 71B.
Surrounding Land Use/Zonine:
Direction
Land Use
Zoning
North
Office/commercial
R-O, Residential Office
South
SF rental house
R-O, Residential Office
East
College Ave, retail shops
C-2, Thoroughfare Commercial
West
Sin le family homes
RSF-4, Res. Single Family, 4 DU/Acre
Water & Sewer: Water and sewer lines are available to the site, and will be extended as needed.
Street Improvements Proposed: Curb and gutter are proposed along Pollard and Clebum, with
the construction of parallel on -street parking spaces. Street improvements along College Avenue
are not recommended, with the exception of six-foot sidewalks and the removal and
reconstruction of safe pedestrian access points along the Hwy department -constructed retaining
wall.
Adjacent Master Street Plan Streets: College Avenue (Principal Arterial), minimum of 55 feet
from centerline; Clebum Street (Local), minimum of 25 feet from centerline; Pollard Avenue
(Local), minimum of 25 feet from centerline. In 1950, Ordinance 4964 vacating five feet on each
side of Pollard Avenue was passed by the Fayetteville City Board of Directors (see attached), to
0 6
allow for a total 40 feet of right-of-way. The applicant requests to retain this right-of-way line, as
opposed to dedicating the additional five feet required by the Master Street Plan. Staff supports
this request, and asks the Planning Commission to confirm the original decision to vacate this
portion of right-of-way.
Tree Preservation: Existing: 17%
Preserved: 0%
Mitigation: $3,300 into the Tree find. See attached arborist report.
Recommendation: Staff recommends approval of R-PZD 04-1159 with the following
conditions of approval:
Conditions to Address / Discuss:
Planning Commission determination of Commercial Design Standards. Stafffinds the
submitted elevations for the commercial portion of the development meets all aspects of
Commercial Design Standards.
Planning Commission determination of a lesser dedication of right-of-way along College
Ave (Hwy 71B). College Avenue is currently a Principal Arterial on the Master Street
Plan, requiring 55 feet from centerline right-of-way dedication. The applicant requests
the dedication of 45 feet from centerline along College Avenue, the dedication necessary
for a Minor Arterial, due to the constrained nature of Hwy 71 in this location. Staff
supports the applicant's request for a lesser dedication of right-of-way in this location.
3. Planning Commission determination and confirmation of the Fayetteville Board of
Directors' Ordinance #964 vacating five feet of right-of-way along the eastern side of
Pollard Avenue. Confirmation of this action would support the applicant's request to not
dedicate additional right-of-way along Pollard Avenue pursuant to the Master Street
Plan, which requires 25 feet from centerline. A total of 40 feet of right-of-way exists. Staff
is in support of this determination.
4. Planning Commission recommendation to the City Council regarding the rezoning of the
subject property to the unique district for R-PZD 04-1159 with all conditions of approval
as determined by the Planning Commission.
5. An ordinance creating this R-PZD shall be approved by City Council.
6. All setbacks, protective easements, and designated uses are binding with the approval of
the R-PZD. Submitted design standards and building elevations are likewise binding to
the project.
The applicant shall pay into the tree fund in the amount of jJR2 prior to the issuance of
a building permit.
8. An AHTD permit is required for any work done within the Highway Department right-of-
way.
9. All parking lot lights are to be shielded, directed downward and away from adjacent
properties utilizing full cut-off sodium lighting fixtures.
10. All signage shall be permitted in accordance with city ordinances. The existing pylon sign
shall be removed prior to final Certificate of Occupancy.
11. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings. Location of containers shall be coordinated
with the Solid Waste Division to ensure access.
12. All utilities shall be screened with materials complementary to the proposed buildings.
Standard Conditions of Approval:
13. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
14. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval. All improvements shall comply with City's current
requirements.
15. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
PLANNING COMMISSION ACTION: yes Required
_Approved Denied
Date: August 23, 2004 t-` G`
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
Title
Date
Findings associated with R-PZD 04-1159
Sec. 166.06. Planned Zoning Districts (PZD).
(B) Development standards, conditions and review guidelines
(1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose
and intent as set forth in Chapter 161 Zoning Regulations, and the development standards
and review guidelines set forth herein. Primary emphasis shall be placed upon achieving
compatibility between the proposed development and surrounding areas so as to preserve and
enhance the neighborhood. Proper planning shall involve a consideration of tree preservation,
water conservation, preservation of natural site amenities, and the protection of watercourses
from erosion and siltation. The Planning Commission shall determine that specific
development features, including project density, building locations, common usable open
space, the vehicular circulation system, parking areas, screening and landscaping, and
perimeter treatment shall be combined in such a way as to further the health, safety, amenity
and welfare of the community. To these ends, all applications filed pursuant to this ordinance
shall be reviewed in accordance with the same general review guidelines as those utilized for
zoning and subdivision applications.
FINDING: The proposed re -development of the derelict site into a mixed -use,
residential/office space achieves the transition between commercial development along College
Avenue and the single family residential development only one block west, into the Wilson
Park neighborhood area. The surrounding neighborhood will be greatly enhanced by the reuse
of the currently vacant, derelict site. Specific development features of the project, including
building location, the use of private and semi-public courtyards, patios and greenspace, street
trees and landscaping, and the addition of on -street parallel parking with adjacent sidewalk all
contribute to the health, safety, amenity and welfare of the community.
(2) Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of
the development plan, a detailed screening and landscaping plan shall be submitted to the
Planning Commission. Landscape plans shall show the general location, type and quality.
(size and age) of plant material. Screening plans shall include typical details of fences, berms
and plant material to be used.
FINDING: Screening is not required as a part of this development, with the exception of trash
enclosures and utilities (wall and ground -mounted). Landscaping is required, and has been
presented with the Landscape, Plan. New street trees are proposed along College Avenue and
Cleburn Street. A variety of plantings are also proposed along the project boundaries and
interior to the project. A safety consideration at the corner of Cleburn and College has been
addressed, to retain safe sight distance lines for east -bound traffic.
(3) Traffic circulation. The following traffic circulation guidelines shall apply:
(a) The adequacy of both the internal and external street systems shall be reviewed in
light of the projected future traffic volumes.
(b) The traffic circulation system shall be comprised of a hierarchal scheme of local
collector and arterial streets, each designed to accommodate its proper function and in
appropriate relationship with one another.
(c) Design of the internal street circulation system must be sensitive to such
considerations as safety, convenience, separation of vehicular and pedestrian traffic,
general attractiveness, access to dwelling units and the proper relationship of different
land uses.
(d) Internal collector streets shall be coordinated with the existing external street system,
providing for the efficient flow of traffic into and out of the planned zoning development.
(e) Internal local streets shall be designed to discourage through traffic within the
planned zoning development and to adjacent areas.
(f) Design provisions for ingress and egress for any site along with service drives and
interior circulation shall be that required by Chapter 166 Development of this code.
FINDING: No public or private streets are proposed with this project. A single vehicular
entry point is proposed, to access rear garages for those units fronting onto Pollard Avenue.
All other vehicular access is along public streets proposed for improvements with the subject
project.
(4) Parking standards. The off-street parking and loading standards found in Chapter 172
Parking and Loading shall apply to the specific gross usable or leasable floor areas of the
respective use areas.
FINDING: The project complies with the parking ratio standards of 25 total spaces for the
uses proposed. Additionally, the applicant proposes 12 on -street parking spaces to provide a
safer, pedestrian -oriented streetscape along Pollard Ave. and Cleburn St.
(5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all
uses of land or structures shall meet the open space, buffer or green strip provisions of this
chapter of this code.
FINDING: The greenspace requirements are exceeded (25%) with the subject proposal. .
(6) Sidewalks. As required by § 166.03.
FINDING: New public sidewalks are proposed along Cleburn, Pollard and a portion of
College Avenue, where feasible.
(7) Street Lights. As required by § 166.03.
FINDING: All street lights installed shall be pursuant to the above -referenced code section.
(8) Water. As required by § 166.03.
FINDING: Public water is being provided to the project site, pursuant to city code.
(9) Sewer. As required by § 166.03.
FINDING: Public sewer is being provided to the project site, pursuant to city code.
(10) Streets and Drainage. Streets within a residential PZD may be either public or
private.
(a) Public Streets. Public streets shall be constructed according to the adopted standards
of the City.
(b) Private Streets. Private streets within a residential PZD shall be permitted subject to
the following conditions:
(i) Private streets shall be permitted for only a loop street, or street ending with a cul-de-
sac. Any street connecting one or more public streets shall be constructed to existing
City standards and shall be dedicated as a public street.
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
All grading and drainage within a Planned Zoning District including site
drainage and drainage for private streets shall comply with the City's Grading
(Physical Alteration of Land) and Drainage (Storm water management) Ordinances.
Open drainage systems may be approved by the City Engineer.
(iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 80 units.
(v) The plat of the planned development shall designate each private street as a "private
street."
(vi) Maintenance of private streets shall be the responsibility of the developer or
of a neighborhood property owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund shall
be established by the PZD covenants. The covenants shall expressly provide that the
City is a third party beneficiary to the covenants and shall have the right to enforce
the street maintenance requirements of the covenants irrespective of the vote of the
other parties to the covenants.
(vii) The covenants shall provide that in the event the private streets are not maintained as
required by the covenants, the City shall have the right (but shall not be required) to
maintain said streets and to charge the cost thereof to the property owners within the
PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes
and shall have a lien on the real property within the PZD for such cost. The protective
covenants shall grant the City the right to use all private streets for purposes of
providing fire and police protection, sanitation service and any other of the municipal
functions. The protective covenants shall provide that such covenants shall not be
amended and shall not terminate without approval of the City Council.
(viii) The width of private streets may vary according to the density served. The following
standard shall be used:
Paving Width
(No On -Street Parking)
Dwelling
Units
One -Way
Two -Way
1 - 20
14'
22'
21+
14'
24'
*Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended.
(ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private
streets within a PZD.
(x) There shall be no minimum building setback requirement from a private street.
(xi)The developer shall erect at the entrance of each private street a rectangular sign, not
exceeding 24 inches by 12 inches, designating the street a "private street" which
shall be clearly visible to motor vehicular traffic.
FINDING: No additional private or public streets are proposed with the subject project. All
grading and drainage criteria, as well as erosion control measures, shall be complied with as
part of the construction review process.
(11) Construction ofnonresidentialfacilifies. Prior to issuance of more than eight building
permits for any residential PZD, all approved nonresidential facilities shall be constructed. In
the event the developer proposed to develop the PZD in phases, and the nonresidential
facilities are not proposed in the initial phase, the developer shall enter into a contract with
the City to guarantee completion of the nonresidential facilities.
FINDING: N/A
(12) Tree preservation. All PZD developments shall comply with the requirements for tree
preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of
trees shall be considered when planning the common open space, location of buildings,
underground services, walks, paved areas, playgrounds, parking areas, and finished grade
levels.
FINDING: The applicant shall contribute $3,300 into the Tree Fund for the loss of 5,284 SF of
existing tree canopy. The Landscape Administrator recommended, upon inspecting on -site
trees, that an independent certified arborist, employed by the applicant, evaluate the health
and condition of the existing trees. The arborist report is included as a part of the staff report.
The evaluation found the existing trees are in a state of decline, from a combination of site
disturbance, general abuse and neglect, disease and invasive insects. Based on this report, and
the evaluation made by staff, it is the Landscape Administrator's position that the existing
trees will not serve a purpose with development on the property in question, and could
possibly become hazard trees necessitating removal in the future.
(13) Commercial design standards. All PZD developments that contain office or
commercial structures shall comply with the commercial design standards as set forth in
§ 166.14 Site Development Standards and Construction and Appearance Design Standards for
Commercial Structures.
FINDING: Staff finds the submitted architectural. elevations exceed the city's commercial
design standards..
(14) View protection. The Planning Commission shall have the right to establish
special height and/or positioning restrictions where scenic views are involved and shall
have the right to insure the perpetuation of those views through protective covenant
restrictions.
FINDING: Staff finds no scenic views to be protected on the subject property.
(E) Revocation.
(1) Causes for revocation as enforcement action. The Planning Commission may recommend to
the City Council that any PZD approval be revoked and all building or occupancy permits be
voided under the following circumstances:
(a) Building permit. If no building permit has been issued within the time allowed.
(b) Phased development
schedule.
If the applicant does not
adhere to the phased
development schedule
as stated
in the approved development
plan.
U
(c) Open space and recreational facilities. If the construction and provision of all common
open spaces and public and recreational facilities which are shown on the final plan are
proceeding at a substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting of
each quarter, so that the Planning Commission is able to compare the actual development
accomplished with the approved development schedule. If the Planning Commission
finds that the rate of construction of dwelling units or other commercial or industrial
structures is substantially greater than the rate at which common open spaces and public
recreational facilities have been constructed and provided, then the Planning Commission
may initiate revocation action or cease to approve any additional final plans if preceding
phases have not been finalized. The city may also issue a stop work order, or discontinue
issuance of building or occupancy permits, or revoke those previously issued.
(2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent
to the landowner or authorized agent giving notice of the alleged default, setting a time to
appear before the Planning Commission to show cause why steps should not be made to
totally or partially revoke the PZD. The Planning Commission recommendation shall be
forwarded to the City Council for disposition as in original approvals. In the event a PZD is
revoked, the City Council shall take the appropriate action in the city clerk's office and the
public zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those
portions for which building permits have been issued shall be treated to be a whole and
effective development. After causes for revocation or enforcement have been corrected, the
City Council shall expunge such record as established above and shall authorize continued
issuance of building permits.
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake and
be responsible for the ownership, operation, construction, and maintenance of private roads,
parking areas, common usable open space, community facilities, recreation areas, building,
lighting, security measure and similar common elements in a development. The city
encourages the creation of homeowner associations, funded community trusts or other
nonprofit organizations implemented by agreements, private improvement district, contracts
and covenants. All legal instruments setting forth a plan or manner of permanent care and
maintenance of such open space, recreation areas and communally -owned facilities shall be
approved by the City Attorney as to legal form and effect, and by the Planning Commission
�as to the suitability for the proposed use of the open areas. The aforementioned legal
instruments shall be provided to the Planning Commission together with the filing of the
final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a
preliminary form.
(2) Common areas. If the common open space is deeded to a homeowner association, the
developer shall file with the plat a declaration of covenants and restrictions in the Guarantee
that will govern the association with the application for final plan approval. The provisions
shall include, but not necessarily be limited to, the following:
(a) The homeowner's association must be legally established before building permits are
granted.
(b) Membership and fees must be mandatory for each home buyer and successive buyer.
(c) The open space restrictions must be permanent, rather than for a period of years.
(d) The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
(e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment
levied by the association must be stipulated as a potential lien on the property.
FINDING: The applicant shall comply with the above requirements, as part of the Planned
Zoning District ordinance.
See. 161.25 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic
development, cultural enrichment or to provide a single -purpose or mixed -use planned
development and to permit the combination of development and zoning review into a
simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the
development proposed for the district can accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and integration
of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive
and
innovative planning
and design of mixed use yet
harmonious developments consistent
with
the guiding policies
of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The subject R-PZD is an adaptive reuse of existing derelict property. The mixed -
use component of the project, along with overall architectural and development principles
utilized in the site planning, allow for a transition from the commercial nature of College
Avenue and the primarily single family residential nature of the Wilson Park neighborhood to
the west. The uses proposed, both residential and office, allow for a flexible reuse of the site,
and achieve compatibility and harmony with surrounding land uses. A positive impact on
adjoining properties should be achieved, enhancing the health, safety and welfare of the
surrounding community. The project is consistent with many of the guiding policies of the
General Plan 2020, as well as the Planning Commission -recommended Downtown Master Plan
for the City of Fayetteville.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
residential areas which are:
9.8.a Utilize principles oftraditional residential urban design to create compatible, livable,
and accessible neighborhoods.
9.8.c Manage non-residential development within and adjoining residential
neighborhoods to minimize nuisances.
9.8.e Utilize more intense development patterns downtown, where appropriate, and
encourage mired uses in new developments to promote better community design, maintain
human scale, and enhance pedestrian activity.
9.8.f Site new residential areas accessible to roadways, alternative transportation modes,
community amenities, infrastructure, and retail and commercial goods and services.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
Community Commercial Areas which are:
9.10.a Provide centers that are accessible and compatible with adjacent residential
development.
.• 0
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
Mixed Use Areas which are:
9.14.a Allow miring of uses and integration of design through the planning process.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policy for
Community Character which is:
9.19.f Allow compatible commercial development within and adjacent to residential
development
9.19.g Encourage new residential development to incorporate varying lot sizes, home
prices, and types of dwelling units.
9.19.i Promote higher density development and mixed use development within the City
limits to provide for more efficient development, create traditional neighborhoods, and
preserve open space.
(B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in
accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning
parcel shall be described as a separate district, with distinct boundaries and specific design and
development standards. Each district shall be assigned a project number or label, along with the
designation "PZD". The rezoning shall include the adoption of a specific master development
plan and development standards.
FINDING: The subject described real property is proposed to be rezoned to R-PZD 04-
1159. The development standards and plan approved shall be adopted with the rezoning.
(C) R - PZD, Residential Planned Zoning District.
(1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered
residential developments and to accommodate single -use residential developments that are
determined to be more appropriate for a PZD application than a general residential rezone. The
legislative purposes, intent, and application of this district include, but are not limited to, the
following:
(a) To encourage a variety and flexibility inland development and land use for.. ,.
predominately residential areas, consistent with the city's General Plan and the orderly
development of the city.
(b) To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can be
planned on a total basis.
(c) To provide a harmonious relationship with the surrounding development, minimizing
such influences as land use incompatibilities, heavy traffic and congestion, and excessive
demands on planned and existing public facilities.
(d) To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
(e) To encourage the efficient use of those public facilities required in connection with new
residential development.
FINDING: The subject R-PZD meets the purpose and intent by providing a mixed -use
development on a site that is generally prohibitive for redevelopment in this location, given the
parameters of the existing zoning designation. The project allows for "a needed transition
between the commercial development along College Avenue and the residential areas to the
west. Extensive development of public facilities to serve this property are not, needed, for the
project is surrounded by developed property and installed infrastructure. Instead, needed
improvements to surrounding infrastructure, including curb and gutter, on -street parking,
sidewalks and landscaping, and the relocation of overhead lines underground will provide an
amenity to the surrounding community.
(2) Permitted uses.
Unit
1
City-wide uses by right
Unit
2
City-wide uses by conditional use permit
Unit
3
Public protection and utility facilities
Unit
4
Cultural and recreational facilities
Unit
5
Government facilities
Unit
8
Single-family dwellings
Unit
9
Two-family dwellings
Unit
10
Three-family dwellings
Unit
12
Offices, studios and related services
Unit
13
Eating places
Unit
15
Neighborhood shopping
Unit
19
Commercial recreation, small sites
Unit
24
Home occupations
Unit
25
Professional offices
Unit
26
Multi -family dwellings
•FINDING: The project utilizes Use Unit 25, multi -family dwellings, as'well as Use Unit 12,
Offices, studios and related services. However, no uses have been specifically removed from the
allowable uses on the property, allowing for future redevelopment or new office/commercial
tenants to utilize the space.
(3)
Condition.
In no
instance shall the residential use area be less than fifty-one percent
(51 %)
of the gross
floor
area within the development.
FINDING: The applicant indicates compliance with this requirement, and with approval of
the rezoning, this condition shall be placed upon the property in perpetuity, unless and until
the property is rezoned.
*Required Findings for Rezoning Request.
RECOMMENDATION: Staff recommends approval of the rezoning request from R-O,
Residential Office, to R-PZD 04-1159, with the adoption of the associated large scale
development plan.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a
Community Commercial Area. Rezoning this property to R-PZD 04-1159, with associated
mixed use plan, is consistent with the land use plan and compatible with surrounding land uses,
both commercial and residential, in the area.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with many of the adopted planning
objectives, principles and polices of the City, as outlined in the staff report.
The existing R-O zoning allows for a mixture of uses, however limited and
within defined parameters that prohibit the type of development proposed.
The mixed -use office and multi -family residential development exhibits many
of the characteristics deemed desirable as guiding policies in the General
Plan 2020, and has been received favorably by several members of the
Wilson Park Neighborhood Association.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified, as a means of redeveloping a derelict,
vacant property in a manner that is more consistent with surrounding land
use patterns. A transitionalland use is desirable for the subject property, to
achieve compatibility with both commercial zoning and land use along
College Avenue and single family residential land use to the west, in the
Wilson Park Neighborhood area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Based on staff findings and the attached Fayetteville Police Department
report, the proposed rezoning would not create or appreciable increase
traffic danger and congestion in the area. The property is served by College
Avenue, a Principal Arterial, along with two other Local Streets, Cleburn
and Pollard, as avenues to disperse traffic. The development plans consider
the sight distance lines of Cleburn and College for east -bound traffic,
retaining the best possible sight lines for safety of the public.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would create a total of 9 new residential units. This
increase in units would not undesirably increase the load on public services.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
FAI'E i"rBTILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
August 9, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
s
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
R-PZD 04-1159: Planned Zoning District (BEACON FLATS, 445): Submitted by
MORGAN HOOKER for property located at 867 N. COLLEGE AVENUE, This
property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.69 acres.
This would substantially alter the population density and thereby undesirably increase the
load on public services or create an appreciable increase in traffic danger and traffic
congestion.
It is the opinion of the Fayetteville Police Department that this Planned Zoning District
will not substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and congestion
in the area.
Sin erely,
l i
Lieutenant William town
Fayetteville Police Department
ETTEVILLE POLICE DEPARTMENT
BOX 1988 - (DELIVERIES) POLICE.' 100-A WEST ROCK STREET 72701
ETTEVILLE. ARKANSAS 727o2-1988 JAIL: 140-A WEST ROCK STREET 72701
PHONE: 501-5873555 FAX:501-5873522
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a a
FAYETTEVILLE SC Meeting of August 13, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
TREE PRESERVATION and PROTECTION REPORT
To: Fayetteville Subdivision Committee
From: Jeremy Pate, Landscape Administrator
Date: August 11, 2004
ITEM #: R-PZD 04-1159 (Beacon Flats)
BACKGROUND:
Requirements Submitted:
✓
Initial Review with the Landscape Administrator
✓
Site Analysis Map Submitted
✓
Site Analysis Written Report Submitted
✓
Complete Tree Preservation Plan Submitted
Canopy Measurements:
T:6 al ! ite Area � N1
acres
10.69
square feet
130,207
FINDINGS:
The desirability of preserving a tree or group of trees by reason of age, location, size or species.
Staff recommended, upon inspecting on -site trees, that a certified arborist employed by the
applicant evaluate the health and condition of the existing trees. For a complete report, see the
attached correspondence. In summary, site disturbances, general abuse and neglect lend to an
overall general case of decline of the trees in question. It is the Landscape Administrator's
position that the existing trees will not serve a purpose with development on the property in
question, and could possibly become hazard trees in the future.
Whether the design incorporates the required Tree Preservation Priorities.
Yes, the applicant has, in accordance with ordinances, requested evaluation of on -site trees to
determine health and resulting priority.
The extent to which the area would be subject to environmental degradation due to removal of
the tree or group of trees.
The area will not suffer environmental degradation due to the removal of the existing trees.
The impact of the reduction in tree cover on adjacent properties, the surrounding, neighborhood
and the property on which the tree or group of trees is located.
Reduction in tree cover will most impact the rental property to the south. As part of the landscape
plantings for this project, large canopy trees are being proposed to eventually replace the lost
canopy in this area.
Whether alternative construction methods have been proposed to reduce the impact of
development on existing trees.
Alternative construction methods were not deemed necessary for this proposal.
Whether the size or shape of the lot reduces the flexibility of the design.
Existing structures, along with the situation of the lot in context to the surrounding streets,
greatly inhibits design flexibility for this particular site.
The general health and condition of the tree or group of trees, or the presence of any disease,
injury or hazard.
The general health of existing trees on -site is poor. Most trees are dead or in a state of decline.
Fill material has reduced the amount of oxygen and' nutrition available to the tree roots, and the
presence of elm leaf beetles and chlorosis of leaves on the most healthy of the trees, the
American elm, indicates a significant potential for problems. The most likely candidates for
preservation exist at the south portion of the property, however are in such a state of decline that
these trees may not be salvaged, even with proper care and management.
The placement of the tree or group of trees in relation to utilities, structures, and use of the
property.
The placement of proposed structures are not based on existing trees' location.
The need to remove the tree or group of trees for the purpose of installing, repairing, replacing,
or maintaining essential public utilities.
N/A
Whether roads and utilities are designed in relation to the existing topography, and routed,
where possible, to avoid damage to existing canopy.
Synopsis of the existing poor condition of the trees has resulted in little regard to existing canopy, when
placing structures and drives.
Construction requirements for On -Site and Off -Site Alternatives.
N/A
The effects of proposed On -Site Mitigation or Off -Site Alternatives.
On -site mitigation is not proposed.
The effect other chapters of the UDO, and departmental regulations have on the development
design.
N/A
The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations:
N/A
The impact a substantial modification or rejection of the application would have on the
Applicant
Recommendation: Staff recommends the Tree Preservation Plan associated with R-PZD
04-1159 be approved, subject to the following conditions.
Mitigation Method Approved:
Due to the constrained nature of the site, payment into the Tree Fund.
Conditions of Approval:
1. Payment into the tree fund for the removal of 5,285 SF of low priority canopy in the
amount of $3,300 prior to the issuance of a building permit.
EXTERIOR
RIVING
WNCEPTS, INC.
P.O. Box 33
Elm Springs, AR 72728-0033
(479) 750-2477
July 27, 2004
Amy C. Scott, ASLA
Project Design Consultants, Inc.
130 N. Main Street
Cave Springs, AR 72718
RE:. Tree Evaluation for Beacon Flats Project
Project number 2004026
Dear Amy:
The following is a report of the tree evaluation I conducted for your Beacon Flats Project in
Fayetteville, AR. I have also enclosed a disk with pictures of the trees that you asked me to
evaluate.
Definition of the Assignment.
The Beacon Flats development is located at the corner Cleburn Street and College Avenue in
Fayetteville, AR. The assignment as presented by Amy C. Scott of Project Design Consultants,
Inc. was to evaluate three trees on.the site.
. . Tree Identification and location
The trees to be evaluated are a blackjack oak (Quercus marilandica), a sugar maple (Ater
saccharum), and an American elm (Ulmus Americana). On the Tree Preservation/Grading Plan
(Sheet 3.2 of 5.0) that was provided the trees are listed as tree #1 for the blackjack oak, tree #2
for the sugar maple, and tree #4 for the American elm.
Date of Consultation
Field examination was made July 23, 2004 and July 26, 2004 and all observations and
conclusions are as of those dates.
Limit of Scope
This report is not a valuation or replacement cost or damage report.. Those determinations were
not made as they were not requested as part of the original assignment. It is also not an estimate
PDC113eacon Has Tree Evalu. • 1• Paget of
!7-27-04 ?
,i ✓
of repair and maintenance costs. Again,those determinations were not requested as part of the
original assignment and should be obtained from an arborist that meets all licensing requirements .
for the area and is preferably a certified arborist through the International Society of
Arboriculture.
GENERAL TREE AND FIELD CONDITIONS
Tree Size
The blackjack oak has a diameter at breast height (DBH) of 20 inches and an approximate height
of 55 feet, the sugar maple has a DBH of 18 inches and an approximate height of 52 feet, and the
American elm has a DBH of 10 inches and an approximate height of 37 feet.
Vigor
The blackjack oak is in severe decline with dead and dying limbs and branches. The sugar maple
has good overall appearance with good foliage color and new growth this season. The American
elm also had an overall vigorous appearance with new growth this season. The leaves were
chlorotic on the American elm, a condition that would nutrient deficiency problems.
Trunk and Limb Condition and Branching Structure
The trunk of the blackjack oak is a solid single trunk that is structurally sound. The east side of
the trunk is dark from what appears to be molded aphid honeydew. The mold appears to be old
as there are no indications of current aphid infestation. There is an old lightening scar on the
north side of the trunk.
The sugar maple trunk is a single solid trunk. The trunk does have numerous areas of pealing
bark due to improper pruning cuts early in its life. There are also several holes.caused by what
appears to have been nails that were driven into the trunk. These holes are being utilized by
insect pests as a way of entrance into the wood of the tree.
The trunk
of the American elm
is a
solid,
structurally
sound single
trunk.
There is one
bleeding
wound on
the north side of the
tree.
The
cause of the
wound
could
not be
determined.
Branch and Crown Structure
Numerous dead and dying lower branches are very evident in the blackjack oak. Higher up in
the sugar maple are several areas that show signs of rot developing because of improper pruning
techniques. One branch on the east side of the tree is splitting and bleeding profusely. The split
may be from a lightening strike. The branching structure for all of the trees is good overall but
they all lack a main central leader beyond the branching height. The crown structure for all three
trees is typical for their respective species if not trained to a central leader.
Root Crown and Root Zone
PDCI Beacon Flats Tree Evalu • • Page3of 4
7.27_04
The. base of the trunk and the trunk flare as well as most of the root zone of the blackjack oak has
been covered with a substantial depth of fill soil and rock. The sugar maple's trunk and trunk
flare have not been covered but an extensive amount of the root zone has been covered with soil
and rock. The trunk and trunk flare of the American elm have been covered with soil and rock
and most if not all of the root zone has also been covered. There are some surface roots on the
east side of the tree where it appears that soil was removed. One of the surface roots looks like it
may be circling the tree but it would be impossible to know for sure without excavating around
the root If it is circling the tree it will probably girdle and kill the tree in the future. It is
presumed that the soil covering the roots of the trees was done at the same time but it is not
possible to determine when any of the soil was moved. From the condition of the trees it is safe
to say that it was done several years ago in the case of all three trees.
Pests
The black mold on the trunk and some limbs of the blackjack oak indicate previous aphid
(Stegophylla sp.) infestation but there were no aphids seen on the tree when the site inspections
weremade. There were black carpenter ants (Camponotus pennsylvanicus).seen on the trunk of
the oak as would be expected of a tree in such severe decline. The trunk of the sugar maple had
numerous beetles and borers beneath the bark and infesting the tree through the holes
presumably made by. nails. Smaller ants were seen on the tree but there were no signs of
carpenter ants. The American elm had leaf holes that appeared to be caused by elm leaf beetles
(Pyrrhalta luteola) though no beetles were found. The lack of visible pests may be attributed to
the heavy rainfall that the area received prior to the inspections. The American mistletoe
(Phoradendron tomentosum) in the elm is a parasite that can cause dieback of branches beyond
the point where the mistletoe attaches. This is caused by the mistletoe preferentially receiving
water during water shortages because it has a higher osmotic potential. Because it is already in
the tree the potential.for further sites of infection are likely.
CONCLUSIONS
It is impossible to know for sure how the conditions mentioned will affect the life expectancy of
the three trees: However it is my professional opinion that all three trees have had their normal
life expectancy shortened by the damage that has been inflicted on them.
The blackjack oak shows the worst signs with a minimum of 30% of the trees limbs and
branched dead or dying. The majority of the decline in this tree is probably a result of the root
zone being covered with soil and rock. This procedure has slowly suffocated the tree and also
deprived it of moisture and nutrients. If the soil and rock were removed to the original soil line it
is doubtful that the tree would fully recover. The presence of carpenter ants is an indication of
the severity of the trees problems. There has been too extensive damage already for it to ever be
reversed.
The sugar maple is also in decline but it is not yet in as bad condition as the oak. The majority of
the problems with the maple are a result of bad pruning cuts and general abuse such as the nail
holes. These problems have allowed pests of many kinds to begin infesting the tree. The rot
found in the upper portions of the tree can not be stopped and the tree is not compartmentalizing
PDCf Becou Flats Tree Evalui. • • Page 4 of 4
7 27-04
the damaging to keep it in check. The rot will continue to spread throughout the tree and can not
be checked.
The American elm is the youngest tree and in the best shape but it is not without problems. The
chlorosis of the leaves is a result of a lack of nutrition due to neglect as well as the soil and rock
covering the root zone: The growth and development of the tree has been stunted by having part
of the root zone covered and the soil removed and the subsequent damage to the roots to other
parts of the root zone. Because it is a fairly young tree it may be able to recover if the excess fill
is removed. However, the lack of a central leader, the possibility of a girdling root and the
presence of elm leaf beetles and mistletoe would indicate a real potential for problems in the
future without proper management.
If these trees are kept on the site these problems need to be addressed and an ongoing monitoring
program established. The blackjack oak and the sugar maple possess problems that make them a
potential hazard to people and property if not carefully managed and dutifully checked.
Please let me know if you have any questions regarding this evaluation and I look forward to
working with you again in the near.future.
James T. Cole Ph.D.
ISA Certified Arbor ist MW-4007
Enclosure
Project Design Consultants, Inc 7-26-04.doc
Tim W. Cooper Architect
Tim Cooper
P.O. Box 1782
Fayetteville, AR 72702
Cell: 479-236-6629
h.�.:'sTi��:T:T>a
In this project we are proposing to refurbish an existing structure from a gas and tube
business to professional offices. A portion of this structure will be demolished and
replace with a garage and four living units above. Five town houses will be constructed.
on the property adjacent to the Station. We are using an industrial/modern design scheme
which helps bridge the gap between heavy commercial on 71 B and the residential area to
the west.
Sincerely,
Tim Cooper
JUL 15 2004
PROJECT AStIGN .CONSULTANTS,C.
August 4, 2004
City of Fayetteville
Planning & Zoning Dept.
Attn: Mr. Jeremy Pate, Planner
125 W. Mountain
Fayetteville, AR 72701
Dear Mr. Pate:
Per your comments from the Technical Plat Review, R-PZD #04-1159 Beacon Flats, we have
looked into the Pollard Avenue Right -Of --Way. We found that per City of Fayetteville Ordinance
No. 964, the eastern five feet of Pollard Avenue's Right -Of -Way was vacated. If you have any
further questions or concerns regarding this matter, Please call me at 479-366-0136 (cell) or at
the office.
AUG 0 4 2004
Sincerely,
N. Arthur Scott, PE
President
130 N. MAIN • CAVE SPRINGS, AR • 72718
PHONE: 479-248-1161 FAX: 479-248-1462
i
- - -d- n --
others made - a motion 'that therules be furtfierplaced the* placed on i
ird and final reading, this motion was. seconded by Alderman Richardson, and was ,passed
animosly by the Council.
Trio Clerk then read the Ordinance the third and final time.
e Mayor then put the question "Shall the Ordinance pass"?, and on roll call by the
erk, the following vote resulted; Ayes: Richardson, Feathers, Bohe, Williams, Kincaid,
its and Kent. Nays: dlcGoodwin. And the Mayor declared the Ordinance passed, as there
re 7 Ayes, and 1 Nay.
COPY -OF ORDINANCE NO. 964
AN ORDINANCE ENPITLED; AN ORDINANCE TO CLOSE AND VACATE FIVE FEET ON EACH SIDE
.LARD ST. BETWEEN E. PROSPECT Sr. AND E.CLEBURN ST. RESERVING A RIGHT -OF -Way fOE
ON THE WEST FIVE (5) FEET, AND FOR OTHER PURPOSES,
Whereas, a petition was duly filed with the City Council of the City of
Fayette-
ille, Arkansas, on the 3rd day of January, 1950, asking the City Council to vacate and
abandon all that portion of the street designated on the plat of A.L.Trent's Revised Plal
of Cit& Park Addition to said City, now appearing of record in P1 at Book at Page 125 in 1
office of the Recorder of Washington County, as North College Extension(re-named North P<
lard) comprising the East five feet of said street and the West five feet of said street
beginning at East Prospecg Avenue and ending at East Cleburn Street.
Whereas, after due notices as required by law, the Council has, at the time and
lace mentioned in the notice, heard all the persons desiring to be heard on the questioi
and has ascertained that the portion;:of street as hereinbefore described has heretofore
can dedicated to the public use as a street herein described; that the portion sought
to be vacated has not been actually used by the'public generally for a period of ay leas{
five years subsequ6ht to the filing og the plat; that all the owners of the pvoperty
abutting upon the portion of the street to be vacated have filed with the Council their
written consent to such abandonment, and that public interest and welfare will not be
adversely affected by the abandonment of said portion of street
Now, therefore, be it ordained by the City Council of the City of Fayetteville,
Arkansas:
Section 1. The City of Fayetteville, Arkansas, hereby releases,vacates and
abandons all its rights, together with t!;e rights of the public generallly. in and to th4
portion of street designated as follows:
A strip five (5) feet-wide.off the East side and a strip five (5) feet wide off
the West side of Pollard Avenue(Originally platted as North College Extension) between
East Prospect AvonOe and East Cleburn Street (originally platted as Garland Ave.), so th,
Pollard Street between East Prospect and East Cleburn Streets shall be forty feet in widl
,instead of fifty feet as platted in Plat Book Page"125 in the Office of Circuit Clerk
of Washington County, Arkansas,with a right-of-way reserved by the City of Fayetteville,.
Arkansas, for sidwwalk on the West five 5) feet above described.
Section 2. A copy of this ordinance duly certified by the City Clerk shall be
filed in the office of the Recorder of the County and recorded in the deed records of t
County, The absolute ownership of said abandoned portions of street shall vest as follo
The Strip lying along the East side of said street shall vest in the owners of the real
estate abutting on the East Side of said street, and the strip lying along the Wesb side
of said street shall vest in the owners of the real estate abutting on the West side of
said street.
Section 3.,This Ordinance shall take effect and be in force from and after
its passage.
Passed and approved this 30th day of January, 1950.
PROJECT 'DESIGN CONSULTANTS, INC.
August 4, 2004
City of Fayetteville .
Planning & Zoning Dept,
Attn: Mr. Jeremy Pate, Planner
125 W. Mountain
Fayetteville, AR 72701
Dear Mr. Pate:
Per your comments from the Technical Plat Review, R-PZD #04-1159 Beacon Flats, we would
like to request a lesser dedication of Right -Of --Way along College Avenue. We are requesting a
variance of the Master Plan's Street Right -Of --Way. The requested variance amount is 20 feet.
The existing arterial Right -Of -Way is 90 feet; the Master Street Plan calls for 110 feet.
The current Right -Of -Way and improvements on College Avenue are per a recent AHTD
Design. This site is constrained by existing structures. The existing "Gas Station" building and
AHTD retaining walls put severe limits on improvement of the site.
The "Gas Station" building is being renovated to retain the character of the site and the
surrounding city's fabric. The adjoining vacant lot is currently the home of three large trees (on
the decline, according to the Certified Arborist's report), scrubby brush and fill dirt. The proposed
apartments and office space will bring sightly improvements to College Aveue, Pollard Avenue,
and Clebum Street.
Overall, this project will benefit the City by renovating abandoned buildings and rebuilding
vacant areas along College Avenue; add to the safety of Pollard Avenue by cleaning up the brush
piles and adding lighting and sidewalks; and add to the City's character by showing that the City
of Fayetteville is working to improve itself by keeping the old and adding the new.
Sincerely,
N. Arthur Scott, PE
President
IVED
AUG 0 11 2004
N
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11
One Mile View
RAi�11.
Overview
BEACON FLATS
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SUBJECT PROPERTY
P1
Legend
BEACON FLATS
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Legend
Subject Property
Master Street Plan
EM R-PZD04-1159
Boundary
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i Planning Area
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RA
STAFF REVIEW FORM - NON -FINANCIAL OBLATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn T. Warrick
Name
September 21, 2004
Planning CP&E
Division Department
ACTION REQUIRED: Ordinance Approval.
SUMMARY EXPLANATION:
R-PZD 04-1159 (Beacon Flats) was submitted by Morgan Hooker and Tim Cooper for property located at 867
N College Avenue. The property is currently zoned R-O, Residential Office and contains approximately 0.69
acres. The request is to approve a mixed use Planned Zoning District with office space and nine dwelling
units proposed.
STAFF RECOMMENDATION: Approval
Department Director
Finance & Internal Services Dir.
Date
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes
OY
Datepe
No
l
File CODV
Elevations
Beacon Flats PZD
•1
�!Y
DECEIVED
AUG f 7 2004
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September 21, 2004
The City of Fayetteville Arkansas
City Council Members
Ref: Development of property located at 867 N. College (formerly Nick's Garage)
Dear City Council Members and City Officials:
My purpose in writing this letter is to convey to you my sincere excitement for the
property development project at 867 N. College Ave. which Mr. Tim Cooper is
submitting to the City for approval.
Since Nick's Garage ceased operations several years ago, this property has been vacant
and deteriorating. The property's location on the periphery of downtown has, in its
current condition, contributed to a very negative approach to our wonderful downtown
area. I believe Mr. Cooper's proposed development puts significant polish on the
downtown area by delivering to this property better use and much improved aesthetics.
In addition, I'm excited about the development because my home is just one block away
from this property. This development will significantly improve the perceived value and
stability of the neighborhood which, in my opinion, is currently hindered by the unsavory
condition of the "Nick's Garage" property.
Thus my recommendation as a citizen of Fayetteville, and a resident in close proximity to
this proposed project, is that the City Council approve this project with expediency.
Respectfully,
Gary Cochran
806 N. Highland Ave.
Gary K. Cochran
P.O. Box 3342
Fayetteville, AR 72701
Phone: 479-530-1401 Fax: 707-924-8795
e-mail: garycmhran@swbell.net
FAYETTEVUE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearmant1A
City Clerk Division
Date: September 27, 2004
Re: Ordinance No, 4618
The City Council passed the above ordinance, September 21, 2004, establishing
R-PZD 04-1159, located 867 N. College. I have attached a copy of the
ordinance.
This ordinance
will be
recorded
in the city
clerk's office and microfilmed. If
anything
else is
needed
please let
the
clerk's
office
know.
Attachment(s)
cc: LaDawnya Cossey, Planning
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHWIST ARKANSAS AITION
AFFIDAVIT OF PUBLICATION
I do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
? /, was inserted in the regular editions on
Po# �W-�M59NOOI
** Publication Charge: $
Subscribed and sworn to before me this
day of OP,fn&CI1' , 2004.
Notary Public `5
z �5
My CommissionL�Ezpiri
11
*' Please do
not
pay
from Affidavit.
An
invoice
will
be
sent.
RECEIVEr
OCT 06 Moi
CITY OF FAYETTF
'= Tv CLERK'S C
212 NORTH EAST AVENUE • P.O. BOX 1607 _• FAYEfTEVII I E, ARKANSAS 72702 • (501) 442-1700
