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HomeMy WebLinkAboutOrdinance 4786S• A T mCT.LO— F mmm0� H rlmm An m NS o ��i =3no� •manor•• n ORDINANCE NO. 4786 o • .Jl CC 00a AN ORDINANCE ESTABLISHING A COMMERCIAL I °:o 0< ONN PLANNED ZONING DISTRICT TITLED C-PZD 05-1670 O = • moo= Q^psoo PRATT PLACE INN, LOCATED AT THE WEST END OF o ..� MARKHAM ROAD, CONTAINING APPROXIMATELY (fl : 0< __ ax NO 72 ACRES, MORE OR LESS; AMENDING THE OFFICIAL "om ZONING MAP OF THE CITY OF FAYETTEVILLE; AND _ ADOPTING THE ASSOCIATED MASTER Ar DEVELOPMENT PLAN -- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single Family, 4 units per acre and R -A, Residential Agricultural, to C-PZD 05- 1670 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement of commitments and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3: That this ordinance shall take effect and be in full force at such time as all of the requirements of the master 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. By: PASSED and APPRO •``��FiYITR '''.. ••c\ ' OF •. � U FAYETTEVILLE : SMITH, City Clerk this Pt day of November, 2005. EXHIBIT "A" C-PZD 05- 1670 TRACT l : PART OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER (SW 1 /4 OF THE NW 1 /4), THENCE SOUTH 880 58' 47" WEST ALONG THE SOUTH LINE OF SAID SW 1 /4 OF THE NW 1/4 SOUTH 330.00 FEET TO THE POINT OF BEGINNING AND RUN THENCE ALONG SAID SOUTH LINE SOUTH 880 58' 47" WEST 986.40 FEET TO THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW 1 /4; THENCE NORTH 000 03 ' 3319 EAST ALONG THE WEST LINE OF SAID SW 1 /4 OF THE NW 1 /4 1321 .91 FEET TO THE NORTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4 ; THENCE NORTH 00° 03 ' 33" EAST ALONG THE WEST LINE OF THE NW 1 /4 OF THE NW 1 /4 OF SAID SECTION 17, 660.00 FEET; THENCE NORTH 88° 58 ' 47" EAST 660.00 FEET; THENCE SOUTH 00° 03 ' 33" WEST 132.00 FEET; THENCE NORTH 88' 58' 47'9 EAST 660.00 FEET TO THE EAST LINE OF SAID NW 1 /4 OF THE NW 1/4 THENCE NORTH 000 03 ' 33" EAST ALONG SAID EAST LINE 112.00 FEET; THENCE NORTH 88° 58 ' 47" EAST 480.00 FEET; THENCE SOUTH 000 03 ' 33" WEST 640.00 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NW 1 /4(NE 1 /4 OF THE NW 1/4) OF SAID SECTION 17; THENCE SOUTH 88' 58' 47" WEST ALONG SAID SOUTH LINE 480.00 FEET TO THE SOUTHWEST CORNER OF SAID NE 1 /4 OF THE NW 1/4 ; THENCE SOUTH 000 03 ' 33" WEST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NW 1/4 (SE 1 /4 OF THE NW 1/4) OF SAID SECTION 17, 20.00 FEET; THENCE NORTH 880 58 ' 47" EAST 400.00 FEET; THENCE SOUTH 6° 22' 44" WEST 222.40 FEET; THENCE SOUTH 40° 35 ' 44" WEST 113 .90 FEET; THENCE SOUTH 58° 40' 00" WEST 213 .70 FEET; THENCE SOUTH 22° 33 ' 00" WEST 247.04 FEET; THENCE SOUTH 880 58' 47" WEST 27.75 FEET TO THE WEST LINE OF SAID SE 1 /4 OF THE NW 1 /4; THENCE SOUTH 00' 03 ' 33" WEST ALONG SAID WEST LINE 16.96 FEET; THENCE SOUTH 880 58 ' 47" WEST 266.80 FEET; THENCE NORTH 000 03 ' 33" EAST 115.00 FEET; THENCE SOUTH 88° 58' 47" WEST 270.00; THENCE SOUTH 00' 03 ' 33" WEST 270.00 FEET; THENCE NORTH 88° 58' 47" EAST 95 .00 FEET; THENCE SOUTH 000 03 ' 33" WEST 100.00 FEET; THENCE NORTH 88° 58' 47" EAST 100.00 FEET; THENCE NORTH 00' 03 ' 33" EAST 100.00 FEET; THENCE NORTH 88' 58' 47" EAST 75 .00 FEET; THENCE NORTH 00' 03 ' 33" EAST 105 .00 FEET; THENCE NORTH 880 58' 47" EAST 266.80 FEET TO THE EAST LINE OF SAID SW 1 /4 OF THE NW 1 /4 ; THENCE SOUTH 000 03 ' 33" WEST ALONG SAID EAST LINE 265.00 FEET; THENCE SOUTH 880 58' 47" WEST 330.00 FEET; THENCE SOUTH 00° 03 ' 33" WEST 329.00 FEET TO THE POINT OF BEGINNING, CONTAINING 63 .86 ACRES, MORE OR LESS. TRACT 2: PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SEI /4 OF THE NW 1 /4 ) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHWEST CORNER OF SAID SE '/4 OF THE NW 1 /4; THENCE NORTH 000 03 ' 33" EAST ALONG THE WEST LINE OF SAID SE 1 /4 OF THE NW 1 ./4 660.00 FEET; THENCE NORTH 88° 58 '47" EAST 317.00 FEET TO THE WEST LINE OF PRATT WOODS SUBDIVISION AS SHOWN IN PLAT RECORD 12-48 OF THE RECORDS OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY; THENCE ALONG SAID WEST LINE OF PRATT WOODS SUBDIVISION NORTH 000 13 ' 25" EAST 305 .20 FEET TO THE POINT OF BEGINNING AND RUN THENCE NORTH 000 13 ' 25" EAST 34. 10 FEET TO A ROAD, THENCE WITH THE EAST LINE OF SAID ROAD NORTH 380 34' 00" EAST 113 .9 FEET; THENCE NORTH 4° 21 ' 00" EAST 222.40 FEET TO A FENCE ALONG THE SOUTH SIDE OF MARKHAM ROAD; THENCE NORTH 88° 58' 47" EAST 913 .00 FEET TO THE EAST LINE OF SAID SE 1/4 OF THE NW 1 /4; THENCE ALONG SAID EAST LINE SOUTH 000 47' 5 1 " WEST 256.21 FEET TO THE NORTH LINE OF PRATT WOODS SUBDIVISION, THENCE ALONG SAID NORTH LINE THE FOLLOWING SIXTEEN COURSES: THENCE NORTH 410 17' 57" WEST 76.78 FEET; THENCE NORTH 590 38' 40" WEST 64.85 FEET; THENCE NORTH 80° 31 ' 33" WEST 77. 14 FEET; THENCE NORTH 51 ° 01 ' 58" WEST 34.56 FEET; THENCE SOUTH 84° 18' 57" WEST 48.85 FEET; THENCE SOUTH 62' 23 ' 46" WEST 82.89 FEET; THENCE SOUTH 280 24' 54" WEST 56.24 FEET; THENCE NORTH 840 38' 35" WEST 64.07 FEET; THENCE SOUTH 850 26' 22" WEST 110. 16 FEET; THENCE NORTH 72' 48' 32" WEST 57.76 FEET; THENCE SOUTH 680 24' 25" WEST 110.51 FEET; THENCE SOUTH 820 35' 13" WEST 72.06 FEET; THENCE SOUTH 72° 12' 26" WEST 67.51 FEET; THENCE SOUTH 270 34' 06" WEST 54.77 FEET; THENCE SOUTH 85° 05 ' 37" WEST 70.39 FEET; THENCE SOUTH 700 56' 40" WEST 80.54 FEET TO THE POINT OF BEGINNING, CONTAINING 4.57 ACRES, MORE OR LESS . TRACT 3 PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE 1 /4 OF THE NW 1/4 ) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHEAST CORNER OF SAID NE 1 /4 OF THE NW 1 /4 , THENCE NORTH 320.00 FEET; THENCE WEST 499.65 FEET TO THE EAST RIGHT OF WAY LINE OF CROSS AVENUE; THENCE SOUTH ALONG SAID EAST RIGHT OF WAY LINE 320.00 FEET; THENCE EAST 499.65 FEET TO THE POINT OF BEGINNING, CONTAINING 3 .67 ACRES, MORE OR LESS. DSD City Council Meetin*f September 20, 2005 4 791aAgenda Item Number C - PZI� 05- CITY COUNCIL AGENDA MEMO /6 7olfDroff To: Mayor and City Council PICI&L TAW Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: August 31 , 2005 Subject: Commercial Planned Zoning District for Pratt Place Inn (C-PZD 05- 1670) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for Pratt Place Inn, based on the Master Development Plan, development standards and statement of commitments submitted. This action will establish a unique zoning district for a mixed-use project on approximately 72 acres located at the west end of Markham Road. The proposal consists of a hotel/inn with seven rooms, a restaurant, up to four rustic log cabins, four single family dwelling units, the utilization of the existing barn for weddings and other social events, agricultural use and supporting infrastructure and improvements for the Inn use. BACKGROUND The property consists of a total of 72 acres located at the west end of Markham Road, fronting onto Markham, Sang, Cross and Halsell. It is currently zoned RSF-4 and R-A, and occupied by agricultural land, tree canopy, several cabins, single family homes and a large barn. Portions of the property were rezoned to R-A in 2002 to allow for agricultural uses, including horses, and included a Bill of Assurance. The applicant requests a rezoning and Master Development Plan approval for a mixed- use project within a unique C-PZD zoning district. The site is intended to be kept in much its same state, but to allow for the existing historic home to be remodeled into an Inn and restaurant. Associated parking, a swimming pool, tennis court and other ancillary uses are proposed, as well. The existing barn has been utilized in the past to host social events, such as weddings and receptions. The rezoning would formally recognize this use as part of the Pratt Place Inn project. Existing, older cabins on the property are proposed to be removed, and up to four log cabins to replace them on the property. The remainder of the site is proposed to remain much as is, utilizing some of the land for agricultural timber, nut trees, grazing or a couple of single family homes. The project is divided into three (3) Planning Areas, each with its own permitted and conditional uses, setbacks, lot sizes, etc. • City Council Meetinlkf September 20, 2005 Agenda Item Number DISCUSSION This item was not reviewed by the Planning Commission. The submittal was made directly to Planning Staff, evaluated and a recommendation made to the City Council. Depending upon the outcome of the City Council decision, the actual development would be required to be reviewed and approved by the Planning Commission as a large scale development. The applicant did hold a neighborhood meeting and was instructed to notify adjoining property owners of the rezoning request at least 10 days prior to the public meeting. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 05- 1670, PRATT PLACE INN, LOCATED AT THE WEST END OF MARKHAM ROAD, CONTAINING APPROXIMATELY 72 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. < _ /�x 7 BE IT ORDAINED BY THE CITY COUNCIL.` 'OF\ CITY OF FAYETTEVILLE, ARKANSAS: , Section 1 : That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single Family, 4 units per acre and R-A, Residential Agricultural, to C-PZD 05-1670 as shown in Exhibit "A' attached hereto and made a part hereof. t Section 2. That the change \in zoning-classification is based upon the approved master developneat;plan, development standards, statement of commitments and conditions of approval as submitted, determined appropriate and approved by the City Council Section 3:` _ That this ordinance shall take effect and be in full force at such time ,ass all''of the requirements of the master development plan have been met. S-e&tion 4. Ththe offic zoning map of the City of Fayetteville, Arkansas, is hereby amende to reflect the zoning change provided in Section 1 above. Jj PASSED.\D APPROVED this day of , 2005. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" Yd oFz C-PZD 05-1670 INSERT LEGAL DESCRIPTION HERE, TO BE APPROVED BY GIS DIVISION \ l � • tl . 1 r 0 ilk Ll ONEWEEN i NO0 flONE [:[ .[ . :: .. .. .. ..mmomm WE ON .. ..:.: „ � � • ...... .. .. . .. . ..:........^............ . . ...... .....�. . ..; . i NO b ON - - - - - - - - - - -- p� MM mp f Ei 9 :: �4eeieil9 rz. ?- :- iEeeB-- -- i- r b s a , + r 10/ 08/ 2005 06: 32 5152434080 ARCHER PAGE 02 4dof 4 Jihof tC.dr oCa . October 10 , 2005 To the mayor and members of the Fayetteville City Council: Since some of you may not have visited Sassafras Hill/Pratt Place and others may now want to revisit it, we would welcome the opportunity to show you around the property, the Pratt house, the barn, and the other structures we are asking to have rezoned in our Pratt Place Inn PZD request. We will be in Fayetteville October 14-17 during Drake University's fall break, so if you wish to • visit, please call us at (479) 582-5443 to arrange a time. If you call before the 13th, we can be reached in Des Moines at (515) 243-4089. Should you come on Sunday afternoon we can introduce you to our new Haflinger horses which are being delivered from Missouri after three months of training for both riding and pulling as a team: The person from whom we have bought them is also bringing his wagon to demonstrate their prowess as a team and we would be pleased to give you a spin around the pasture. When we are able to locate more of this relatively rare Austrian breed of the age, caliber, and training we are looking for, they too will make their home in the pastures and the barn that was built for them. cerely, Jane d Julian Archer • 10/08/2005 06 : 32 5152434088 ARCHER • PAGE 03 ) October 10, 2005 To the mayor and members of the Fayetteville City Council; The information below is not really pertinent to our Pratt Place Inn PZD request, but since people speaking at the two previous city council meetings raised these issues, among others, we would like to dispel some of the myths. 13he three cabins in the woods: These are left over from Joy Pratt Markham's Hilltop Camp in the 1920s and 1930s and are structures that she started renting out in the 1950s and continued renting until her death in 1976. We were going to tear them down 26 years ago, but the renters begged us to leave them, and ever since then we have had a waiting list of "back to nature" types who love the secluded, natural environment. A practicing attorney lived in one for eleven years and a schoolteacher for several years, as well as a writer and a businesswoman who rented a cabin respectively as. a retreat, even though they owned houses in town. They are not visible without walking back in the woods expressly to visit a resident or to look at the cabins. Indeed, they have not diminished the quality of life for anyone, and no one is even aware of their existence except those who live there or are trespassing. The comments made about them are nothing more than gratuitous harassment, but anyone who has a burning desire to see something removed that has had no negative impact of any kind on the neighborhood can take heart in the fact that these cabins will be torn down before the inn opens. Two other structures also will be torn down—the houses at 2154 and 2222 Evangeline lane. 2. Tree removal: If we had wanted to, we could have clear-cut Sassafras Hill long ago. Instead, for the past 26 years we have employed wise forestry management practices by selectively removing unhealthy or junk trees to give quality trees more growing room and light. Our most recent clearing was beside a pasture along Sang Street, and not a single quality tree was removed . It is to be a pasture of mixed shade and grass. Moreover, both in developing Bois d'Arc and in getting utilities to the new barn, we spent an extravagant amount of money using a directional borer to get utility lines under trees so as not to harm them, rather than destroying trees and then trenching to lay down lines, a far less costly method . In addition, we have planted many trees of various species all over the property and lined Markham and Sang with rows of regularly spaced sycamores. We did the same in our Bois d'Arc subdivision, though there was no city requirement to do so. In short, though it may appear immodest to say so, we have done more to beautify and enhance the neighborhood than anyone else. It is time consuming and costly, albeit satisfying, to improve property as we have, and so cheap and easy to verbally assault our efforts and us personally, for motives beyond our comprehension. It seems no good deed goes unpunished. 10/ 08/ 2005 06 : 32 5152434080 ARCHER • PAGE 04 • 3. The alleged promise never to develop the Hill: The man who claimed that when he bought 21 /2 acres of property from us , we gave him a letter stating that we would never develop the Hill was making it up out of whole cloth . Unless, given that we heard all of this second hand, we may have misunderstood some things. In any case, we did not sell him this parcel which he evidently purchased from the couple to whom We sold it in 2002, and we certainly did not give him a letter of any kind . We have never met him or heard his name, and we have no idea who he is or where he's coming from. Furthermore, his concerns (and those of Lynn Wade's also) that the PZD allows "commercial development" on the land adjacent to his are unfounded because our PZD proposal leaves that land just as it is, -- in its natural state. 4 . A bit of historical Fayetteville trivia: The name of the hill is not Markham Hill, which derived in the popular mind from Markham Road . Its old, true folk name is Sassafras Hill (aptly named for all of the sassafras trees on the property). Its original name, going way back, was Archias Mountain after the Archias family that owned it. Sincerely, • Jan and Julian Archer • To the City Council, City of Fayetteville, Arkansas, October 4, 2005 STATEMENT IN FAVOR OF REZONING FOR PRATT PLACE INN I am Kenneth Smith. I have lived in Fayetteville since 1974. Before that, for 12 years I was a civil engineer and park planner with the National Park Service. Since 1960 I have known members of the Archer family who own the land proposed for rezoning. First, I came to know Julian Archer's mother, Evangeline, when she played an important part in the campaign for Congress to establish the Buffalo National River. Then, when I moved to Fayetteville in 1974, I lived in one of the houses on the property for a year and a half, until I could purchase a lot in town and build. Thus I learned much about the Archer property and its history. Over the years I have worried about what could happen to the land in the long run. I have seen it as open space, close-in but landlocked, the only vehicle entry being Markham Road. Over the years, to Julian and Jane Archer and to anyone else talking about the Archer property, I have said this: The property's undeveloped open space should always remain as open space—breathing room for Fayetteville. I have also told the Archers I hope the high school and University mens and women's track teams can continue to run the trails on the property. The coaches, especially John McDonnell, want the trails for conditioning their runners; McDonnell says the trails are important. And I'm a track enthusiast. I want those kids to be able to run those trails. Maybe I shouldn't have worried. Though I never asked the Archers about their long term plans—I felt it was not my business—over the last 25 years their strategy has become evident: They have sold outlying land to pay taxes and provide capital. They have kept the core area, the Inn property where three homes have sheltered three generations of the family. They have protected open space. They've let the runners run. No. I should worry. Taxes and land prices have gone up. Fayetteville is expanding. Developers would like to buy that land and work their will: Markham Hill Estates. Or Markham Hill Apartments (except that name's already taken). Open space cut up. Runners pushed out. A new traffic problem to be dealt with. Today the Archers want to develop Pratt Place Inn. They're counting on it to produce income to enable them to cope with taxes and upkeep and hold on to the family property. Part of the plan is that the pasture and the woods could stay and the runners could run. Even if someday the Archers children or grandchildren decide to sell the property, we who want to protect this special place will have gained time. Therefore I am in favor of the requested rezoning for Pratt Place Inn. -""o: ;?:f •a -lf le• irk r� t'.� LW ` w • +. .s•r T. *BUjr �f .S , 4 ..FG,7``?5"t}1�41? u ( I t..,C• �� - c;Z_I ✓ ;� . lam rSd�jA '.�� �`� . 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R I I I I I I I ` Y'• it Is • t LI LI • LI LY>I 9YI-G�, I ' 1— '4 S. Z L •iuiui uiei�an; ;9�:msdf8�i_ I. !'tn! ,u c A f Additional Conditions of Approval C-PZD 05-1670 Hours of operation: Pratt Place Inn restaurant and "barn" hours as utilized for private or public events shall be from 7:00 am until 10:00 pm, Sunday through Thursday, and from 7:00 am until 12:00 am, Friday through Saturday. Restaurant capacity: The proposed restaurant shall have a seating capacity of no more than 60 dining seats, including indoors, the porch and any outdoor patios/decks, as presented in the proposed Planned Zoning District. Number of gatherings/events for assembly: No more than four (4) gatherings/events per month shall be permitted at the Pratt Place Barn (2255 West Markham Road), Inn, restaurant or elsewhere on the subject property. Noncompliance with this condition shall constitute a violation of the zoning ordinance established with this Planned Zoning District. Barn occupancy and capacity: The barn shall be inspected by the appropriate City officials and all necessary work (electrical, ingress/egress, structural, etc.) completed to bring it into compliance for the intended assembly occupancy prior to submittal of a large scale development for the Pratt Place Inn. Capacity shall be determined by current city codes. The applicant at this time indicates an anticipated capacity of 376 persons for the barn, though the current building code will ultimately determine that ratio. Vehicular ingress/egress: Access to the Pratt Place Inn, restaurant and barn, including guests, service vehicles, solid waste, etc., shall be from Markham Road, as indicated in the proposed PZD. At this time, access shall be restricted from Existing structures: The following structures shall be demolished/removed prior to issuance of a Certificate of Occupancy for the proposed inn/restaurant: • 2154 Evangeline Lane (Walnut House) ...utilizes septic tank • 2222 Evangeline Lane (Ravine House)... utilizes septic tank • 2371 W. Markham Road...not on septic or sewer .not on septic or sewer .not on septic or sewer All new buildings/structures permitted on the property shall connect to public sewer. This includes the proposed four cabins, Inn/restaurant, pool, innkeeper residence and any other use requiring sewer. Various existing buildings shall connect to public sewer when issued a building permit for expansion or replacement, and/or as required by city ordinance. This includes 2115 W. Markham (Archer log house), 2148 W. Markham (Archer cottage to become rental annex to inn), 2255 W. Markham (existing barn - The barn shall connect to public sewer with the approval of the Inn/restaurant large scale development, prior to issuance of a certificate of occupancy, as the use of this structure is indicated to be for assembly occupancy and has the potential for large events). 0 8) Phasing: (Replace Condition #15): • The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed Inn within one (1) year of the approval date of the associated Large Scale Development by the Planning Commission. • The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed Innkeeper house within three (3) years of the associated Large Scale Development by the Planning Commission. • The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed log cabins within fifteen (15) years of the associated Large Scale Development by the Planning Commission. 9) Street improvements: Street improvements to Markham Road and any other surrounding streets shall be determined by the Planning Commission. These improvements may include the widening and repair or reconstruction of Markham Road to a minimum 20 -foot width into the subject property to allow for emergency access. Dedication of right-of-way to meet Master Street Plan requirements, appropriate storm drainage, lighting, sidewalk/trail and other surrounding or adjacent street improvements as determined by the Planning Commission to be appropriate in alleviating the impact of the increase in use and traffic generation, while minimizing the impact to existing street and neighborhood character and the wooded hillside, shall be determined by the Planning Commission, and constructed at the cost of the developer. tI 'ttviie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS CC Meeting of September 20, 2005 PLANNING DIVISION CORRESPONDENCE TO: Mayor Coody City Council FROM: Jeremy Pate, Director of Current Planning DATE: August 30, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 C-PZD 05-1670: Commercial Planned Zoning District (Pratt Place Inn): Submitted by JULIAN & JANE ARCHER for property located at 2231, 2230, 2148, 2115, 2255 MARKHAM ROAD, along MARKHAM ROAD AND SANG AVENUE. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and R -A, RESIDENTIAL AGRICULTURAL and contains approximately 72.1 acres. The request is to approve a Master Development Plan — Commercial Planned Zoning District for an historic inn, cabins, restaurant, reception/gathering space, agricultural use and associated parking. Property Owner: Julian & Jane Archer Planner: Jeremy Pate Findings: Property Description: The property consists of several parcels totaling 72.1 acres that is currently utilized for residential and agricultural purposes. The applicans requests a rezoning and Master Development Plan approval for the subject 72.1 acres. There is both dense tree canopy and open pasture land located on the site. Currently there are several structures on the property, including a barn, a 5,000 SF Victorian farmhouse that is on the Arkansas Register of Historic Places, single family homes at various addresses, fenced pastures, 1920s -30s camp cabins, timberland and trails. Access is rather limited, primarily from Markham Road, which connects east to Razorback Road. Surrounding Land Use/Zoning: Direction Land Use Zoning North Single family homes RSF-4 South Single family homes, open land RSF-4 East Single family homes RSF-4 West Undeveloped property RSF-4 Proposal: The applicant requests a rezoning and Master Development Plan approval for a mixed -use project on the property. The project will include the redevelopment of an historic structure on the site into a 7 -guest room Inn and 60 -seat restaurant, kitchen, etc. A separate residence for the Innkeeper is proposed, and ancillary uses such as a tennis court, swimming C:IDocuments and SettingsljpatelDeskioplTemp SaveslC-PZD 05-1670 (Pratt Place Inn).doc i S pool, valet parking, and overflow parking are also proposed. The existing barn is proposed to be utilized for both as storage for horses and barn dances, dinner parties, weddings, and other scheduled intermittent social events. No amplified music is to be permitted outside of any structure on the property. Several old camp cabins will be eventually removed, and a maximum of four authentic log cabins could replace them. These cabins would accommodate 2-4 adults each, and would be rented as a retreat/residence by the day, much the same as the Inn. Planning Area 2 is intended to remain for agricultural or open space use, without the potential for additional dwellings units. Planning Area 3, once a pasture, is proposed to be utilized for agricultural purposes, with the planting of a grove of trees so as to retain its former agricultural use. Neither is to be permitted for parking, either permanently or for temporary events, such as football games. Process: The purpose of the subject request is for a rezoning approval in order to re -use the Victorian house as an Inn with dining facilities, along with associated activities. Staff is not supportive of rezoning the property to C-2, which would be the required zoning for a hotel and restaurant, wedding reception facility, and parking area. However, the applicant also has a desire to retain both the architectural integrity of the existing structure and the agricultural/natural setting of this property which happens to be in the middle of the city. In order to do so, the Planned Zoning District process was recommended. As recently approved by the City Council, an applicant has the option of presenting a Master Development Plan — Planned Zoning District to the City Council first. This action would effectively rezone the property based on the plans and information provided. However, it does not give development approval. The applicant is required to return through the large scale development process, in this case, in order for the Planning Commission to confirm that the development plans presented are compliant with the zoning and Master Development Plans approved by the City Council. The following bulk and area regulations are proposed by the applicant, and are included in detail within the attached submittal: ZONING CRITERIA: C-PZD 05-1670 (Pratt Place Inn) (A) Proposed Uses. Planning Area I * Conditional use approval by the Planning Commission required; uses shall be limited to wedding receptions, scheduled private events, etc. that are related to the overall Pratt Place Inn project. C:IDocumems and SeuingsljpatelDesktoplTemp SaveslC-PZD 05-1670 (Pratt Place inn).doc Permitted Use Conditional Use Type of Use Unit I City-wide uses by right Unit 2 City-wide uses by conditional use Unit 4 Cultural & Recreational facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single Family Dwellings Unit 13 Eating Places Unit 14 Hotel, motel & amusement facilities Unit 29* Dance halls* (G)Signage. Signage on the property shall be allowed as follows: Planning Area Freestanding Signage Wall Signage 2'x3' freestanding sign at Sang and Markham As permitted in Commercial zones for the Inn; 3'x5' freestanding sign at the end of Markham no other signage a ermitted 2 None permitted As permitted in Residential zones 3 2'x3' freestanding sign at Cross and Markham As permitted in Residential zones * No pylon/pole signs shall be permitted, only monument signs. Signage location shall be permitted in accordance with setbacks and other criteria in Ch. 174 Signs, unless noted herein. Water & Sewer: Water is currently available, and will be extended on -site with adequate fire protection (hydrants) and water line size to be provided as required by code. It will be necessary for the development to connect to city sewer and cease use of the existing septic systems. Sewer line connections, extensions, etc. will be evaluated and required to meet city codes to serve the properties at the time of development. Access: Access is provided from Markham and Sang Streets. These are residential streets with open ditches which provide access to the University Heights neighborhood west of the University of Arkansas campus. Markham is currently narrow and is failing in portions west of Cross Avenue. At the time of development, streets that the development will access will need to be reconstructed to provide a safe and adequate means of access, as determined by the Planning Commission. At minimum, a 20 -foot wide pavement width will be required, with improvements to the failing pavement north of Cross Avenue. Access for ladder trucks to this property for the Fire Department is a stated concern, without improvements as mentioned above. Interior to the project, private drives are proposed. Access to future cabins will need to meet with Fire Department approval in order to provide adequate fire protection and emergency access in time of need. The slope, width and construction of interior drives to access future structures shall be evaluated at the time of development to ensure proper access is achieved. Adjacent Master Street Plan Streets: Markham Road, Sang Avenue (Residential Streets) Street Improvements: Staff recommends the following: • Markham Road accessing the subject property from Cross Avenue into the property will need to be improved to a minimum 20 -foot standard, if not greater. Existing pavement will need to be evaluated and improved, if necessary. The Planning Commission shall determine the amount of improvement necessary in order to approve the proposed development with adequate and safe access. • Drainage improvements associated with the widening will also need to be evaluated and required, as necessary, based on the City Engineer's recommendation and the Planning Commission's determination at the time of Large Scale Development. Tree Preservation: Much of the site contains existing tree canopy, though there are areas of dense canopy and areas of open pasture land. The majority of the property is intended to be utilized in its existing state, without a great deal of disturbance. Typical agricultural activities, C:IDocuments and Settings jpatelDeskloplTemp .Sa,eslC-PZD 05-1670 (Pratt Place 1nn).doc I Planning Area 2 & 3 Permitted Use Conditional Use Type of Use Unit I City-wide uses by right Unit 4 Cultural & Recreational facilities Unit 6 Agriculture (B) Density/Intensity Planning Area Density (dwelling units) Intensity (square feet nonresidential) Maximum 4 dwelling units Maximum 33,340 SF Oak Cabin (existing) 2248 W. Markham Inn: 18,900 SF (proposed) Tower House (existing) 109 N. Sang Innkeeper Barn: 6,300 SF (existing) House (proposed) 2230 W. Markham Two -stall barn: 340 SF 1 Archer Log House (existing) 2115 W. Markham English Cottage (existing): 1,800 SF Inn, maximum 4 new rental cabins do not count Max. 4 cabins: 6,000 SF (1500 SF each toward density, as these are not to be utilized as proposed, with removal of existing residences cabins) Any structure size permitted to be 2 No dwelling units permitted determined by Conditional Use Permit, if requested (Planning Commission) Any structure size permitted to be 3 No dwelling units permitted determined by Conditional Use Permit, if requested (Planning Commission) (C) Bulk and area regulations. Planning Area Lot width minimum Lot area minimum Land area per dwelling unit 1 200 feet (frontage onto a public street) I acres I acre 2 N/A 3.57 acres No dwellings permitted 3 N/A 4.18 acres No dwellings permitted (D) Setback requirements. Planning Area Front Side Rear 1 50 feet 10 feet 20 feet 2 50 feet 10 feet 20 feet 3 50 feet 10 feet 20 feet (E) Height. Maximum height for all structures. Planning Area 1 60 feet 2 50 feet 3 50 feet (F) Building area. In any Planning Area the area occupied by all buildings shall not exceed 25% of the total lot area. C:IDocumems and SettingsljpatelDeskloplTemp SatvsIC-PZD 05-1670 (Pratt Place Inn).doc including the use of pastureland for grazing of animals, pecan/nut orchards, and agricultural timberland are proposed to remain allowed. An overall survey of existing canopy has not been provided, though enough detail to meet the criteria of the Tree Preservation Ordinance is to be provided at the time of Large Scale Development review. There is anticipated tree removal with construction of the entry drives, parking lot and groves of nut trees for agricultural use. The project shall meet or exceed the minimum percent canopy (25%) required for a Planned Zoning District. Parks: If additional residential dwelling units above that which currently exist are created, the project shall be evaluated for parkland dedication or fees -in -lieu, to meet the parkland dedication ordinance. Public Comment: Staff advised the applicant to hold a public meeting with the University Heights Neighborhood Association, which has occurred. Several concerns were voiced, including additional traffic on substandard roads, drainage, noise potential and tree buffers. Many of these items are addressed in the conditions of approval. Recommendation: Staff recommends approval of the Master Development Plan — Planned Zoning District for Pratt Place (C-PZD 05-1670), with the following conditions: Conditions of Approval: 1. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. Pursuant to city ordinance, development of the property shall be approved by the Planning Commission through the large scale development review process. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. 3. A final legal description shall be approved by the GIS division prior to recordation of the ordinance, and shall accurately reflect the parcels requested for rezoning. 4. No amplified outdoor music shall be permitted at any point on the property. The property is surrounded by single family residences, and the potential for noise generation from the proposed development has been voiced as a concern. 5. Public water and sewer lines shall be extended as required by city ordinance at the time of development. 6. Street improvements at the time of development shall include the widening and repair or reconstruction of Markham Road to a minimum 20 -foot width west of Cross Avenue into the subject property. Dedication of right-of-way to meet Master Street Plan C:IDocumenls and Settingsl/'palelDeskloplTemp Sat eslC-PZD 05-1670 (Prall Place /nn).doc requirements, appropriate drainage, lighting, sidewalk and other surrounding or adjacent street improvements as determined by the Planning Commission to be appropriate in alleviating the impact of the increase in use and traffic generation shall be determined by the Planning Commission. 7. Access to future outlying cabins will need to meet with Fire Department approval prior to building permit in order to provide adequate fire protection and emergency access in time of need. The slope, width and construction of interior drives to access future structures shall be evaluated at the time of development to ensure proper access is achieved. 8. At no time shall the proposed Inn or rental cabins be utilized for semi- or permanent residences, without City Council approval. The existing cabins on the property shall be removed prior to the issuance of building permits for the proposed cabins. 9. A Tree Preservation Plan shall be prepared at the time of development. At all times a significant tree canopy and vegetative buffer (visual and physical) shall be maintained adjacent to surrounding properties in Planning Area 1, where the non-residential activities are to occur. Other tree removal for bona fide agricultural purposes is expected to occur. Trees that meet the significant tree status as determined by the Urban Forester shall remain, unless approved for removal by the Urban Forester. 10. Pursuant to the original Bill of Assurance rezoning a portion of the subject property for agricultural purposes, the following agricultural uses shall not be permitted within the Planning Areas: commercial chicken houses, hog farms or feed lots. 11. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 12. Zoning and development criteria shall be enforced as noted within the staff report "Zoning Criteria" sections A -G, as noted above. Said information shall be included with any submitted development plans. 13. Future non-residential development shall comply with the minimum standards for development in the Unified Development Code. Structures proposed shall be reviewed to ensure appropriate architectural compatibility with adjoining residential uses is maintained, including the incorporation of elements such as materials, roof pitches, porches, patios, etc. 14. Planning Areas 2 & 3 shall not be utilized for permanent or temporary parking, to discourage high volumes of traffic on surrounding substandard streets. Parking shall not be allowed on surrounding substandard public streets during events held on the property, unless and until the streets are improved to a sufficient level so as to allow for on -street parking, as determined by the Transportation Division. C.9Documems and SettingsljpatelDesktoplTemp SavestC-PZD 05-1670 (Pratt Place Inn). doe 15. Phasing: The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed Inn within one year of the approval date of the associated Large Scale Development by the Planning Commission. The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed Innkeeper house and cabins within three years of the same approval date. 16. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. CITY COUNCIL ACTION: yes Required Approved Denied Date: Sept 20, 2005 Comments: The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this rezoning/master development plan item. By Date C:IDocuments and Settings jpatelDesktopl Temp SaveAC-PZD 05-1670 (Pratt Place Inn).doc Findings associated with C-PZD 05-1670 Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria/or Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the General Plan 2020; FINDING: Staff finds the application to be in substantial compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. In review of the General Plan 2020, the application provides for a mixture of residential, agricultural and commercial activities in the heart of the city, while conserving a great deal of open space to remain intact. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions. (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; FINDING: The impact of the rezoning and subsequent development would require the provision of public facilities, at the cost of the developer. There are currently substandard water lines and existing septic systems on the site that would be abandoned and replaced with public mains and service lines that meet City of Fayetteville specifications. Fire and emergency response time is adequate, though improvements to existing street infrastructure will be necessary at the time of development, and is indicated in the conditions of approval. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, retains an agricultural and residential feeling, even with the addition of the Inn and restaurant. It is anticipated that traffic will increase a certain degree for the proposed uses, and street improvements accessing the property will need to be evaluated and determined at the time of development. The primary development proposed is interior to the site (approximately 1300 feet from the nearest residence) and is thus for the most part inaccessible both visually and in terms of other impacts. Staff is not supportive of a rezoning to a standard Commercial zoning district in this location; however, the definitive nature of the proposed Master Development Plan indicates that the rezoning will be compatible and indeed remain much the same, with a few exceptions, as the existing land use. C:IDocuments and Settings) patelDesktopl Temp SareslC-PZD 05-1670 (Pratt Place lnn).doc (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is intended to be utilized only in a limited area, with little disturbance to the remainder of the site. The property intended for the development contains existing development for the most part, and will be compatible for the uses proposed. The parking area is sited to be buffered from view and to remove as few trees as possible. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: Based on the Master Development Plan submitted, traffic counts will increase, especially with the use of a restaurant. Peak counts may increase with the use of facilities for weddings and other reserved events, however the amount of development proposed is relatively minimal. At the time of development, the existing streets will be evaluated by the engineer and requirements made by the Planning Commission as to the extent of improvements necessary for development approval. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: A plan has been submitted, recognize the zoning and development criteria required of a Master Development Plan submittal. Architectural elevations of the proposed inn and descriptions of the proposed cabins have been provided that indicate the rural setting is to be retained with development of the subject property. (8) Whether any other recognized zoning consideration would be violated in this PZD. FINDING: Staff finds that in review of the requested rezoning, the Master Development Plan proposed does not violate recognized zoning considerations, as found below. (J) 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 C:IDocuments and SeuingsljpaielDesktoplTemp Saves'-PZD 05-1670 (Pratt Place Inn).doc 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 Planned Zoning District has been reviewed in light of all applicable development and zoning ordinances. At this time, the Master Development Plan sets out the basic guidelines, development and zoning criteria, commitments offered by the applicant and those recommended by staff, and design standards to ensure the proposal will achieve a high level of compatibility with adjacent properties. Staff finds that the proposal herein does incorporate an acceptable level of compatibility. While commercial in nature, the proposed Inn and associated activities achieves an architectural appeal and further restricts the use of the subject property to much less density, traffic generation and other concerns that a single family residential subdivision at four units per acre would entail. The building location is optimal, sited interior to the site; tree preservation and conservation of natural amenities is addressed in the Statement of Commitments, and is a higher commitment than currently required with an agricultural zoning. Parking is to be achieved in a sensitive and buffered manner, and interior circulation will be provided that meets all applicable development codes. Staff finds that the proposed uses on the subject property do not adversely affect surrounding property and will have minimal impact. (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 at this time; with development of the site, all applicable development criteria will be applied for appropriate landscaping, screening and buffering of parking areas and objectionable uses. (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. C.-IDocuments and SeningsljpatetDesklopl7emp SavesIC-P71) 05-1670 (Pratt Place Inn).doc I S (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: Ingress and egress interior to the project shall be evaluated and required to be constructed with the large scale development of the property. Public streets shall be improved to an acceptable standard, as determined by the Planning Commission, and interior private drives shall be constructed to provide for safe and adequate access to all structures for emergency vehicles. (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: Standard parking ratios for the proposed uses shall apply. All parking areas shall conform to City of Fayetteville standard specifications, unless approved otherwise. (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 development provides a great deal of open space to be retained for agricultural use and overflow use for various social events. As noted in the conditions of approval, staff has recommended a significant natural tree and vegetative buffer to be retained on the property to act as a buffer from adjacent properties. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalks and other pedestrian connections will be evaluated at the time of development. (7) Street Lights. As required by § 166.03. FINDING: Street lights will be evaluated at the time of development. (8) Water. As required by § 166.03. FINDING: Public water will be provided to the project site, pursuant to city code. C. IDocumenis and SeuingslipareWDeskloplTemp SavestC-P%D 05-1670 (Pratt Place Inn).doc (9) Server. As required by § 166.03. FINDING: Public sewer will be 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. (iii)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 C:IDocumenls and Sellingsljpalel Desktopl7emp Saes\C-PZD (15-1670 (Pratt Place /nn).doc 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: All public and private streets/drives shall conform to city standards. Improvements to existing streets shall be determined by the Planning Commission at the time of development. Public and Private streets shall not be gated, unless permitted by express approval from the City Council by resolution. (II) Construction of nonresidential facilities. 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 C:IDocaments and SeningsljpatelDesktoplTemp SavestC-PZD 05-/670 (Pratt Place Inn).doc (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: A tree preservation plan shall be submitted at the time of development. It is anticipated that trees will be removed from this site with the continued agricultural uses proposed and currently in operation. (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: All commercial structures shall be evaluated as set forth in the code. (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 specific 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. (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 C: Documents and SeiiingstjpatetDeskioptTemp SavveslC-PZD 05-1670 (Pratt Place Inn).doc 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. Al! 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. (Documents and Settings jpatelDesktopl"/'emp SateslC-PZD 05-/670 (Pratt Place InnJ.doc E (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. Sec. 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. C:IDocuments and Settings\ paie1Desktop\Temp Sat es1C-PZD 05-1670 (Pratt Place Inn,.doc (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 proposal utilizes a unique mixture of agricultural, residential and commercial uses, while retaining the natural setting currently in existence on this large - acre site in the heart of the city. There is a desirable distribution of land uses, with the highest impact uses concentrated to areas already impacted, thereby decreasing the amount of existing natural features disturbed. Staff finds the uses to be compatible to the area, with the commitments, development standards, conditions of approval and other criteria in place with the rezoning request. (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 C-PZD 05- 1670, with three Unique Planning Areas. The development standards, statement of commitments and Master Development Plan approved shall be adopted with the rezoning. D) C-PZD, Commercial Planned Zoning District (1) Purpose and intent. The C-PZD is intended to accommodate mixed -use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the availability of each independent use. The C-PZD is also intended to accommodate single use commercial developments that are determined to be more appropriate for a PZD application than a general commercial rezone. The legislative purposes, intent and application of this district include, but are not limited to, the following: (a) To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas. C'IDocuments and Settings jpatelDesktopl l'emp Sar eslC-{'ZD 05-1670 (Pratt Place /nn).doc • (b) To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic. (c) To encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffering strips. (d) To encourage commercial development which is consistent with the city's General Plan. (e) To accommodate larger scale suburban developments of mixed -uses in a harmonious relationship. FINDING: The proposed use is mixture of uses containing agricultural, residential and commercial uses. A general commercial rezone is not appropriate in this area; however, with proper measures in place, the proposed Inn will fit into the environment in a sensitive manner, not create traffic or noise problems, re -utilize an historic structure, create land use restrictions on the property that will ensure compatibility and minimize adverse impact on surrounding areas. Staff finds the Planned Zoning District process to be the only one in which this unique proposal could be supported. (2) Permitted Uses. Unit I 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 laces Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping Unit 16 Shopping owls Unit 17 Trades and services Unit 18 Gasoline service stations and drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation large sites Unit 21 Warehousing and wholesale Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -Family dwellings Unit 29 Dance halls FINDING: See Zoning Criteria Chart above for the uses permitted by right and by conditional use as proposed by the applicant. (3) Conditions. (a) In no instance shall the commercial or office use area be less than fifly-one percent (51 %) of the gross leasable floor area within the development. C. IDacuments and Settings jpate1Desktopl7emp SaveslC-PLD 05-1670 (Pratt Place bm).doc (b) Residential uses must be appropriate to the design of the project. (c) Warehousing and light industrial uses shall have a gross area per use that does not exceed five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used for retail sales. *Required Findings for Rezoning Request. RECOMMENDATION: Staff recommends approval of the rezoning request from R -A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre, to C-PZD 05-1670, with the adoption of the associated Master Development Plan. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a Residential Area. Rezoning this property to C-PZD 05-1670, with the associated Master Development Plan, is not specifically consistent with the land use plan for this area, however it does not greatly increase the usable space and actually decreases the density to be allowed on the property. The proposed plan, commitment and other conditions placed upon the project result in a compatible development with surrounding land uses in the general vicinity. 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 rezoning is to a great degree consistent with many of the principles and policies in place 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed in order to develop anything other than agricultural or single family uses on the property. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will likely increase peak traffic, due to the change in use from an existing house to a hotel/restaurant facility. Street improvements will need to occur as a result, and shall be installed with development of the project. Staff finds the proposal will not appreciable increase traffic danger and congestion. 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 C:IDocuments and Settings ljpatel DesktoplTemp SarestC-PZD 05-1670 (Pratt Place Inn).doc C sewer facilities. Finding: Population density will be decreasing with the requested rezoning, due to the fact that much of the property zoned RSF-4 is being restricted from development altogether. 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 C.:IDocuments and SettingsljpatelDesktoplTemp SareslC-PZD 05-1670 (Pratt Place /nn).doc • 0 Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 Date: August 31, 2005 To: Jeremy Pate From: Captain Dale Riggins Subject: Re -zoning review from the Fayetteville Fire Department. PZD05-1670 (Pratt Place Inn) These 72 acres are covered by Station 2 on North Garland. The property is 1.4 miles from the station with an anticipated response time of 4 minutes. No calls for service are figured on this type of development and there should be no adverse affects on our call volume. Our only concern is the access of our ladder trucks to this property. With the road and trees it will be very hard to maneuver an aerial truck to this property without improvements. Another concern is the access to the future `cabins' and their locations. RPZD05-1636 (Well Spring) These 152 acres are currently covered by Station 7 on Rupple Road. The property is 0.8 miles from the station with an anticipated response time of 1.5 minutes to the beginning of this subdivision and 2.5 minutes after the maximum build out is completed. We project this development to produce 235 calls for service per year at maximum build out (92 fire/other and 143 EMS). This accounts for the residential properties only. Typically, commercial properties do not greatly affect our call volume with -in a fire district. The service impact of this development will typically take eighteen months, after the development is started, to occur. Since this project if predicted to take 4-5 years to complete there should be no adverse effects on our call volume or response times to this subdivision. Since Rupple Road is narrow and curvy, the widening of this road with greatly help getting our apparatus to the scene of this development along with any calls north of that area. If you have any questions, please feel free to call or email me. Dale Riggins Captain Fayetteville Fire Department Previous Rezoning Actions ORDINANCE NO. 4392 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-9.00 FOR A PARCEL CONTAINING APPROXIMATELY 18.80 ACRES LOCATED AT 2231 MARKHAM ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY JULIAN AND JANE ARCHER. 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-1, Low Density Residential to A -I, Agricultural as shown in Exhibit A attached hereto and made a part hereof. Section 2. 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 215` day of May, 2002. APPROVED: By Ord. 4392 EXHIBIT "A" A PORTION OF PARCEL 765-14548-000 DESCRIBED AS FOLLOWS TO -WIT: THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT AND RUNNING, THENCE EAST 783.2 FEET; THENCE SOUTH 83 FEET; THENCE WEST 783.2 FEET; THENCE NORTH 831 FEET TO THE POINT OF BEGINNING, CONTAINING 14.94 ACRES, MORE OR LESS. ALSO, A PORTION OF PARCEL 765=14536- 000 DESCRIBED AS A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17 IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE EAST 1020 FEET; THENCE NORTH 165 FEET; THENCE WEST 1020 FEET; THENCE SOUTH 165 FEET TO THE POINT OF BEGINNING, CONTAINING 3.86 ACRES, MORE OR LESS. 0 • BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the.ewner, developcc buyer o this rop ty, (hereinafter "Petitioner") _____________________________________Iherntvoluntarily contract offers this of Assurance d enters into this binding agreement and with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property I r . , ; A' include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS conditions stated above,4j owner, developer or buyer sign my name below. :I IFYIM1 ._t • a 1. CJ cc Y Elite A4yd ss 7frKPd1 4 jg!t S' nature STATE OF ARKANSAS COUNTY OF WASHINGTON And now 9n this before me, i_.l V1 after being placed upon his/her oath swore or th&t.k�e/sbe,2areed with the terms of the above Bill of Assurance and sig = :1her„r}an c .III �. , Commission Aire awe NOTARY My Commission Expires: NOTARY OATH of 200., RNN02-09.00 Close Up View 0 Overview��� Legend ARCHER Q 0 01n Subject Property Boundary Master Street Plan aiirntl RZN02-09.00 "A_.. Planning Area rki Freeway/Expressway &000$ e o Overlay District "%,e Prinapal Arterial Streets °00000 Existing I-(� �_ _ City Limits '�I Minor Arterial City 0 %. Collector { Outside Cit Planned e • ••. FGslaric Collector 0 125 250 500 750 1,000 Feet R< a p Rf I�1 1. 0 0 EVAfGALNLIME -_.-. HARRHAM R0_.- tfiti Planning Commission April 22, 2002 9& RZN02-12 Archer Page8&9.139.13 0I 19 1 ORDINANCE NO. 4393 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-12.00 FOR A PARCEL CONTAINING APPROXIMATELY 4.10 ACRES LOCATED AT 2231 MARKHAM ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY JULIAN AND JANE ARCHER. 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-1, Low Density Residential to A -1, Agricultural as shown in Exhibit A attached hereto and made a part hereof. Section 2. 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 2151 day of May, 2002. APPROVED: • Ord. 4393 EXHIBIT "A" A PORTION OF PARCEL 765-14529-000 DESCRIBED AS FOLLOWS: PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17 IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, DESCRIBED AS ONE ACRE IN THE NORTHWEST CORNER THEREOF, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, AND RUNNING, THENCE EAST 208.67 FEET; THENCE SOUTH 208.67 FEET; THENCE WEST 208.67 FEET; THENCE NORTH 208.67 FEET TO THE POINT OF BEGINNING CONTAINING 1.0 ACRES, MORE OR LESS. ALSO, A PORTION OF PARCEL 765-14525-000 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17 TOWNSHIP 16 NORTH OF RANGE 30 WEST OF THE 5TH P.M., EXCEPT ONE ACRE OUT OF THE NORTHWEST CORNER THEREOF, CONTAINING 19 ACRES, MORE OR LESS. SUBJECT TO A 20 FOOT ROADWAY ACROSS THE NORTH SIDE THEREOF, AND A 20 FOOT ROADWAY EXTENDING FROM SAID MENTIONED ROADWAY IN A SOUTHERLY DIRECTION ACROSS SAID 19 ACRES. LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT, TO -WIT: PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 16 NORTH OF RANGE 30 WEST, MORE PARTICULRALY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING NORTH I DEGREE 02 MINUTES EAST 660.FEET FROM THE SOUTH WEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND RUNNING THENCE NORTH 89 DEGREES 22 MINUTES EAST 317 FEET TO POINT OF BEGINNING OF LAND TO BE EXCEPTED; THENCE NORTH 0 DEGREES 48 MINUTES EAST 339.3 FEET TO A ROAD; THENCE WITH EAST LINE OF ROAD NORTH 38 DEGREES 34 MINUTES EAST 113.9 FEET; THENCE NORTH 4 DEGREES 21 MINUTES EAST 222.4 FEET TO A FENCE ALONG SOUTH SIDE OF MARKHAM ROAD; THENCE SOUTH 89 DEGREES 43 MINUTES EAST 913 FEET TO A FENCE CORNER; THENCE SOUTH 0 DEGREES 40 MINUTES WEST 633.5 FEET TO A FENCE CORNER; THENCE SOUTH 89 DEGREES 22 MINUTES WEST 1002.1 FEET TO THE POINT OF BEGINNING, CONTAINING 14.4 ACRES, MORE OR LESS. ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: A PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE NORTHWEST QUARTER (NW '/4) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE POINT WHICH IS NORTH I DEGREE 02 MINUTES EAST, 660.00 FEET, ALONG THE 1/4 SECTION LINE AND 44.50 FEET, EAST OF THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE EAST 272.50 FEET, THENCE NORTH 0 DEGREES 48 MINUTES EAST 339.32 FEET, THENCE SOUTH 58 DEGREES 40 MINUTES WEST 213.70 FEET, THENCE SOUTH 22 DEGREES 33 MINUTES WEST 247.04 FEET TO THE POINT OF BEGINNING. P4/29/2002 14:06 5152434089 ARCHER PAGE @3 HPR 26 2002 5:08PM iSERJET 3200 • 2 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS lit order to attempt to obtain approval of a request for a zoning reclassification, t er, develop , r b y of this property, (hereinafter "Petitioner") hereby voluntarily offers this will of Assurartc and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grant& to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assign&, or successors violate any term of this BUI of Asourance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners property shall be restricted as follows IF Petitioners rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners property shall be limited to 3. Specific activities will not be allowed upon petitioner's property 4. (Any other terms or conditions) -- Qr4/29/2002 14:06 5152434089 ARCHER PAGE 02 APR 26 2002 5:08PM Hf. SERJET 3200 • p3 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, 1, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. JI.L�iCCVi f �rC�'iei^ a l/S Printed Name day �,A 7a?o i. An A es S0 3'° nature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now 91t this thec day of C¼pn I 200 appeared before me, and after being placed upon his/her oath swore or affirmed that he/she agreed with 1�TF T the terms of the above Bill of Assurance and si pedhrirtamecrxe 9, A G Cbrpmleclen Number 707111 Mi Common pi NOT IRY PUBLIC Mv Co mission Expires: S 0 S RIN02-12.00 Future Landuse Overview 1-s flo u. ii O M1tiitwii 125 250 ARCHER Streets Boundary 'N.,Existing "�. Planning Area Planned o o Oveday District 000000 L _ _t City Limits 500 750 Planning Commission April 22, 2002 9 & RZN02-12 Archer Page8& & 9.15 !J?IA't 0 0 ol WA I'v 0 • CLIFTON WAGE A.D. MCALLISTER LYNN F. WADE •FOUNDING PARTNER 11910- 19741 LAIV OFFICES MCALLISTER & EVADE A PROFESSIONAL LIDIlTEI1) COMPANY 20 EAST CENTER SPAEET P.O. Box 1000 FAYETTEVILLE, AIiHASSAS 72702-1000 TELE.PIIONE 50 L -521-L411 TELEVAx 501-521-5574 March 9, 2001 Honorable Dan Coody Mayor, City of Fayetteville City -Hall 113 W'Mouniain Fayetteville, AR 72701 Re: Cell Tower on Markham Hill Dear Mayor Coody, • STEVEN D. GUNDERSON `Congratulations on your election as mayor of the City of Fayetteville and we do wish you the best in your endeavors. On behalf of the neighborhood I wish to briefly bring to your attention the ongoing problem and concern we have in regard to the cell phone tower located on Markham Hill at 117 Sang Avenue immediately south of the city water tower. .The cell tower in question was installed in 1988 pursuant to a "conditional use" limiting theiines to. be brought into the neighborhood, size of building, etc. Unfortunately immediately after the tower was installed SWEPCO approached the neighborhood requesting an easement across our backyards to install "industrial grade" electrical service for the tower. This request was clearly in violation of the "conditional use." The neighborhood finally .•negotiateda settlement whereby the electrical service was placed underground and each of the neighbors personally bore a sizable portion of the expense to place their individual services underground. The neighborhood did not feel that this in any way ended the "conditional use" as to the number of lines to be brought into the neighborhood, size of building, number of buildings,' etc. Clearly we did not agree that putting lines underground was consent to unlimited number of lines above or underground. Unfortunately through usage, questionable franchise grants and legislative fiat (ordinance # 4178) the conditional use has been expanded to where it has been and continues - /o/ r✓adrf to be an extreme intrusion in our residential neighborhood. The use of the cell tower has been expanded to serve a number of companies and a number of fiber optic lines have been placed in the neighborhood. It would be beneficial if we could be advised as to the exact number of companies now using this cell tower and the location of all the lines which they have placed. into our neighborhood. There have been numerous occasions when the road to our neighborhood was blocked, without any prior notice, by construction equipment, trucks, various crews, etc. There have been encroachments on private property (one line was placed and later removed from John Williams property) aid our neighbor Cyrus Sutherland is still seeking to resolve an apparent encroachment on his property of approximately 950 feet when the most recent fiber optic line was installed. Our numerous requests to the city for assistance in this matter have been • unsuccessful. lam sure that your.staff canprovide, you a file on this matter for background material. ..:This current letter is prompted by the fact that Sang Avenue was again blocked, without notice to the neighborhood, due to the fact' Nexel was in the process of moving a :buildi ng orava•flat+bed truck to the cell tower.site:- This process. blocked Sang Avenue. and encroached on private property again_, 1 -do note! that the building permit noticewas,•allegedly posted on the fence around the �. Tower and -unfortunately such location•is.not visible. to the neighborhood residents as we go to and from our homes. Suffice ito;say that once again Sang Avenue, was blocked for a period atime, without notice, during which we could not get in and out of the neighborhood and certainly emergency or firefighting vehicles could not get into the neighborhood. Of particular concern is that the Nexel contractors had failed to obtain the proper permits required. for moving a building:through•the. city of Fayetteville streets. Moving the building is not covered by the building permit. . . .. . . Again we feel that the city has failed to deal fairly with its residents and we. would appreciate you and your staff keeping our-concernsin mind, providing us the current information as to the number of companies using the tower, and the location of their lines in our neighborhood. Your assistance is greatly appreciated. Very Truly Yours, cc: John Williams Cyrus Sutherland Campbell Johnson William Feldman / / r • September 19, 2005 Fayetteville City Planning Office Fayetteville City Council Members Fayetteville Planning Commission Chair • Attached are a number of items for consideration regarding the "Pratt Place Inn" project (C- PZD 05-1670) being proposed as an PZD at the Sept. 20 City Council Meeting. I would love to present this myself, but as a 2 -%ear president of the Fayetteville Band Boosters, I must attend the concert being held at 7pm on the 20t at Walton Arts Center welcoming the Tournament of Roses President. Attached are: Letter of concern with supporting photos 2. Copy of notarized letter of assurance from Owners of proposed PZD properties (Jane and Julian Archer) on September 26, 2000 that they would".. .not develop in either of our lifetimes..." the parcel of land referred to as "Planning Area 3" in the PZD documentation (although I could not find a figure with this label). Attachment A 3. Map (developed by Archers) of my property location relative to this assurance statement. Attachment B 4. Copy of email sent to Archers on 13 September, 2005, which remains unanswered. Attachment C I trust that you will consider this information just as if I were there to speak (and I will try to get there after the concert). I have 5 specific requests on the following pages which are suggested in order to remain consistent with the intent of my 2000 Assurance from the Archers. My request is that this is NOT approved on first reading unless you feel that my issues can be included as bills of assurance at a later and more appropriate point in the process. Other than these attached issues and several issues adequately covered by staff, I am in full support of the proposed PZD. I understand the Archers will not be at this council meeting, and thus may not be able to address this through their representative. Thank you for your consideration and your service to our city. Timothy and Wendy Kring 1777 W. Halsell R Fayetteville may, Comments by T. Kring September /9, 2005 C-PZD 05-1670 Pratt Place Inn Letter of Concern September 19, 2005 Fayetteville City Planning Office Fayetteville City Council Members Fayetteville Planning Commission Chair I am Tim Kring, and my wife Wendy and I own the property (our home) adjacent to the parcel of land identified as "Planning Area 3 or Tract 3" in this PZD request. My land forms the north boundary for a third of this tract. I purchased this land from the Archers (Pratt Place project owners) in 2000. Our land has 22 protective covenants developed by the Archers (this 6 page document is on file with the city and available from me if requested). Previous Assurance of Non -development of "Planning Area 3" As a condition of purchase of my property in 2000, I requested assurance from the Archers regarding the land on my southern border. The Archers agreed and included a statement in the sale contract. They also provided a notarized letter with the same statement (Attachment A). This assurance states that the Archers "...will not develop in either of our lifetimes the parcel of land fronting on Markham Road on the south, from the bottom of the hill to Cross Avenue, and contiguous to the three lots on Halsell on the north, of which yours is the middle lot." (Map used by Archer is Attachment B). This is the entire portion of the PZD noted as "Planning Area 3". I realize that my assurances from the Archers are not a deed restriction, and thus would take a legal action by me to enforce this assurance. Archers good faith Several individuals in the neighborhood have expressed concerns of trust with the Archers, particularly regarding the construction and semi -commercial use of the new barn on the top of the hill (within this PZD request) for weddings and other events. Similar concerns are voiced regarding the substandard rental units deeper into the Archer property (areas not within the PZD). However, I have always had excellent and consistent dealings with the Archers, and thus have not experienced a personal reason for this concern. I have requested that the Archers include following 5 items in the PZD request, but have not had a complete response from them, as yet (Attachment C). Time for Review of PZD request I received the official notice of PZD request as per the requirements, but until that time did not have the opportunity to review the 40 pages of documents. These documents present a tremendous volume of information and detail that was not provided in the 2 meetings with the neighborhood individuals (the first meeting was very preliminary, the second was a special Ward meeting that focused on the Inn proper and adjoining area, not the 2 outlying tracts). Given significant involvement in other civic issues these last 2 weeks has left me little time to complete evaluation. Thus, unless my below concerns can effectively be addressed at a later stage of development, I ask that this PZD request not be passed on first reading. Comments by T Kring September /9. 2005 C-PZD 05-1670 Pratt Place Inn Specific Requests for Consideration Regarding "Planning Area 3", (corner Markham and Cross). Structures. Equipment and Use: The PZD documents (p. 8) indicate that "Planning Area 2 is intended to remain for agricultural or open space use, without the potential for additional dwellings units." No such notation is noted for Planning Area 3, and a limitation on structures on the property is needed given past activities. Covenants of Archers limit storage of equipment and vehicles on adjacent property, and this should extend to this area. Use of property for parking is an issue with the neighborhood (including the Archers), and thus should be a formal part of this PZD. The current PZD document has a statement (page 8) which should be amended. To remain consistent with the intent of my 2000 Assurance from the Archers. I request that the following be included in formal documentation: 1. No permanent or temporary structures of any kind will be placed on the property. This includes, but is not limited to, equipment storage units, pole barns, standard barns, etc. 2. No equipment, including agricultural equipment, will be parked or stored on the property for a period greater than 72 hours, 3. Under no circumstances will any portion of the Planning Area 2 or 3 be used as an area for surface parking of vehicles on a permanent or temporary basis, including but not limited to days during Razorback athletic events or other events held on University ofArkansas property, or for events held at the "Pratt Place Inn or Restaurant": Tree Preservation, Land Clearing: Much of the PZD is wooded as is Planning Area 3. Page 8 of the PZD refers to this area as "once a pasture". Actually, this phrase can be used for virtually ALL of Fayetteville, as we have no virgin forests in Northwest Arkansas. While the area was indeed a pasture, it was not a completely cleared pasture, and numerous trees remained in the pasture. The area has heavy underbrush, but has more than 50 trees that exceed 50 feet in height (not including cedars). The following 2 pages show photos of a few of these trees. These photos represent a small number of the trees, as access to the property is difficult. Removal of these large trees should be discouraged. The Archers have done some clearing themselves of an area (along Sang Avenue near the corner of Markham) to convert a lightly wooded area to pasture. This clearing was not done in a manner to preserve existing trees, as the heavy equipment encircled each tree to the trunk. Additionally, the clearing was conducted at the peak of our dry season late this summer. The trees remaining in this area will most likely die within 2-3 years. Further, there was no attempt to prevent surface erosion during clearing. (See photos showing cleared land and silted -in city roadside ditches). Any clearing of Planning Area 3 should be undertaken by professionals familiar with tree preservation and erosion control. To remain consistent with the intent of my 2000 Assurance from the Archers. I request that the following be included in formal documentation: 4. During the process to clear Planning Area 3forplanting planting nut trees or for any other agricultural use, no tree larger than 6" dbh (diameter at breast height) will be removed, and care will be taken to preserve these large trees by temporary fencing around each tree at least to its drip line. Fencing to be placed prior to work. Cedar trees (juniper) and Bois d'arc (horse apple) trees are exempt from this, and any size of these may be removed. 5. Silt fencing or other appropriate method must be used to minimize surface erosion during and after any clearing process. Comments by T. Kring September 19. 2005 C-PZD 05-1670 Pratt Place Inn \4�/p •i!'I a �yC��ly .� rjr r 4"--_ r � .ra .�,1j.,ynS a \ hh• f {L+ jj+��j <?� W ♦r 1" i Y u 1 •a .r , >}` lilr'�}'Y.>�lif ..1. % " a •F a yJ, ! ly" `r'^r . fir., `:'7: :7e ti e .C. .: F.s /nY'•YF .1{ • if :rte .. ^ Trk'" �. �" • �, 3 .G r.uF . ,•� n. r .,•'F S n ,�1 t4 rr \ Jnr3 1 t 44 •_ _ " ' ♦ is 1 Y 1 t. IU 4 �y[ •.t•' rr, ;v' -*- ,,t t !rs. !4 li> • ♦e r. Yc .r+YY.-.♦t♦<tiiC.'t'?):H.:' w:jr�•eie .<`,]tt "L f�SLl5 ,r„Y,,I�XMr:�•f. •���"` ("..-. ) 1 tr -;s,�I 1 L p' c �Lkw �r ._ ' -• _r L! t! g� �r l��i�yi4�!` F�9 It.. �,ky - 1 F ir �♦ �, 1 .f 1 I dA4 C�i i6N^ � l%. d•'{• �\II S' {' .M \ . 1 � C 1 u3. I 1 erWr.N ♦.: , r1. n1 ♦ fytt )'L c = �� .1 ,l sFi ]I'r C{p'tt 'l.�. L.\ Wl�1 W. t!6[r31:1L CJ✓ eei1� �gtt:, � �'� �r / i�LA.1f ( ,♦[ ,]�tyN,r• .•*r ' f{{:'•L i'�l L1 'r •yl lal(i�'{ IcI rl'•N ills 1 a ppp44U \\�' L .0 (�a;' ir. tote p�dxn {L:-ynsif. i r v J ♦.% t� tr ♦ ,. ♦ ' 1111 r '. S" ' f L ♦ ir� a, rp y, `f ♦.jI 6R6R •i .wt ♦I 11 • J` • - I• 1 �• ,• < r FN -yl it at. ��rV llf��4I.i ^J I f ' f..• l f 1 � a 4rri\ l n T. I`II. \may ! 11 -! A I • ..\. S'a J 1 lam- , rY i u.�\-• :].: = Y�•�.. J .•.. Y+..' t �' _ "-.'{a J -iii �C�• i•`JN_x'•': !-i Y• • ��- M1{fit}%!I♦_'-,# :iY= . ..1: �J \.�-. , ti 1 .� Y. .w• i `•�N��]. Xa •Y za ._. L.i Yv `iY/ \ wAs.]C�^ ro�yG,r •>��u .^_3. :: -,r Ijjt - ' [N Y tll [ N' A Q ♦ .) ' r �? •a GSA . c ./-' ;1 n... t: t awl4^i y.k4♦ dam•} �r •• i I-: Tr y `�� .f Y. ' \ r i . l.S r rf .�t t .. n S . A11oct,w►e k A September 26, 2000 Mr. and Mrs. Timothy Kring Fayetteville, Arkansas Mr. and Mrs. Kring: This is to put in writing our assurance that we will not develop in either of our lifetimes the parcel of land fronting on Markham Road on the south, from the bottom of the hill to Cross Avenue, and contiguous to the three lots on Halsell on the north, of which yours is the middle lot. We also hereby give permission to you and members of your immediate family to use the trails on Sassafras Hill without charge for the next ten years.J- Juban Archer 4 /y(nef,/��j�YLL. V /z.c�-�C/�/2C.i✓C ' %/ �C i•' 1 �� -.c % l " ` c; "" � � Jane-Archer 77 57/ 6/7 7 ^.-�•.�MAsw�sar+�•sy�if_ • .lJ�".9'`�'�//T/(v//J/✓///% & PZ b- oS— *7O rkUM TREC. INC. 501da26586 L�r np- -7� 5SO0p' 75' r 5' AwG Esnr. W\ ,cam, j Kw�ir mod__ , ) I. h t U - (?77 >4�.s►r� I '- 0 O D to O41 fl O o o N � ( 'Oj 166.67' 166.67' 166.31' 20' u.e.--.' -- ----1 I z F II U oI IUD •,'5;'I. I w t I I I `/ I \% r' / I j o Ii It ii Lt\ •✓ Job fl I► II EAST 549.27' L 5.E•. Corners NE1/4, NW1/4 17-16-30 Legal Description; Part of the NE1/4, NWI/4 of Section 17, T16N, R30W of the Fifth Principle Meridian in Washington County, Arkansas and being more particularly described as follows: Beginning at the S.F.. Corner of said NE7./4, NW1/4, thence N 0"04'04"li 620.00 Feet, thence WEST 550.00 Feet, thence SOUTH 620.00 Feet, thence EAST 549.27 Feet to .the P.O.B.; Containing 7.83 Acres more or less subject to easement and R/W of record. G—PZp-6S-11670 flr4tt Ploge 1 MLaR-74-7Gfrac� ... 11 iiii:. J'. :CE'161i •1 THAT THE ngO'.'F. ,SURVt i WAS PERFORMED UNDER MY SUPERVISION AND ALL GOH,.. titRS WERE SET AS SHOWN ON THE ABOVE PLAT AND TO iHF, BEST OF MY KNOWLEDGE ARE CORRECT. n^:;. inin" IJci J Glil' J 112 nATP • ,4rr cW,M C Date: Tue, 13 Sep 2005 16:29:57 -0500 From: Tim Kring <tkring@uark.edu> Subject: thanks and rezone To: Julian Archer <julian.archer@DRAKE.EDU> Wendy and I really, really appreciated the call last night. We have enjoyed our direct and always positive interactions with you and Jane. Regarding the PZD request, we appreciate the detail you provided regarding Tract 3 (behind our place) that reflected our conversations. Specifically, you noted it would not be used as a football game parking lot, and that major trees would not be cleared. Because I have a conflict that night, I can not attend the City Council meeting. However, I will be writing a letter of support for the PZD in general, and I am very supportive of the overall project. I'll forward you a copy of that when I do. I want to let you know of a couple of specific requests and clarifications that I would like to see added to the PZD documentation, although I do not know where this level of detail belongs within that document. I presume you would agree to these. 1. No portion of Tract 2 or Tract 3 will be used as an area for surface parking of cars (for a fee, under a contract, or for free), including but not limited to days during Razorback athletic events or other events held on University of Arkansas property, or for events held at the Pratt Place Inn or Restaurant. 2. No permanent or temporary structures of any kind will be placed on Tract 3. This includes, but is not limited to, equipment storage units, pole barns, standard barns, etc. 3. No equipment, including agricultural equipment, will be parked or stored on Tract 3 for a period greater than 48 hours. 4. During the process to clear Tract 3 for planting nut trees or for any other agricultural use, no tree larger than 6" dbh (diameter at breast height) will be removed, and care will be taken to preserve these large trees by temporary fencing around each tree at least to its drip line. Cedar trees (juniper) and Bois d'arc (horse apple) trees are exempt from this, and any size of these may be removed. NOTE: I know you are not in a hurry to clear this land, and actually, I bet you don't have to do it at all unless you really want to. Although "scruffy looking", this is a great natural barrier to human ner- do-wells and is a site of one fox den (I don't let anyone know that... they moved out of my yard last year). Even if you do end up clearing it, I would like to see a 100 foot or so buffer left for the fence effect as well as animals. I won't write any of that part in my letter, though. If you are really opposed to any of the 4 above, let me know. Tim Comments by T. Kring September 19. 2005 C-PZD 05-1670 Pratt Place Inn Sincerely • P �tv�at.,G.4e:�os, Einentus Architect • Landscape Architect • Consultant, Campus -Planning & Energy Conservation in Desig 140 North Sang Avenue •'.FayetteviIIe,'Arkansas 72701 (479) 442 4317 �'' tvsf ¶eei 7 77��v /S$G iV0 OV 'T SO r tfi7 Jeremy Pate - Cabin Demolition letter Page 1 From: Julian Archer <julian.archer@DRAKE.EDU> To: <jpate@ci.fayetteville.ar.us> Date: 9/20/05 3:28PM Subject: Cabin Demolition letter September 20, 2005 To the City of Fayetteville Planning Division And City Council: It has come to my attention that there may possibly be some confusion in the Pratt Place Inn PZD application as to when we will be demolishing the rental cabins we stated we are going to eliminate when the inn is built. The cabins to be demolished are 2371, 2375, and 2379 Markham and they will be removed just before the inn (2231 Markham) opens. This demolition is not tied to any possible construction date for the four proposed log cabins. It should be made clear that the demolition of these structures is not going to be postponed until the start date for log cabin construction. If you should want a Bill of Assurance for this demolition, as a condition for approving a longer than usual time for beginning construction (fifteen years) of the log cabins, do not hesitate to incorporate that into the PZD. Or, if you simply want one as a condition for giving a Certificate of Occupancy for the inn, please incorporate that into the PZD. Sincerely, Julian Archer RECEIVED SEP 19 206 D N CITY OF FAYETTEVILLE CITY CLERK'S OFFICE E www.fayetteville.com Date: September 19, 2005 To: Mayor Dan Coody and City Council Aldermen From: Steve Rust, President I would like to encourage your support of Julian and Jane Archer's Master Development Planned Zoning District. I have visited the property and have reviewed their plans for turning 70 acres of pristine property into a unique Fayetteville destination. Successful completion of their plans will increase Fayetteville's property tax base for our schools. The sales and accommodation taxes from the four -five star restaurant, Inn, and separate rental units will benefit the city. Although no one can know what the taxes will be until they are actually paid, a conservative estimate for the property tax would be $40,000 per year. The project will create 18 new jobs with an annual payroll estimated to be $400,000. Taxes, jobs, and payroll aside, this project has the potential to substantially benefit Fayetteville in other ways. This project's graceful marriage of beautiful, peaceful land on a mountain, an Inn, and a four -star restaurant creates a venue that will greatly add to the "experience" that makes Fayetteville so special and such a desirable destination. Many other businesses will benefit from the high end customers this project will attract. FEDC believes this is the type of project City Council can enthusiastically support. Thanks for all that you do for Fayetteville. Ile Economic Development Council 301, PO Box 4156, Fayetteville, AR 72702 I August 5, 2005 Pratt Place Inn PZD Request The property and houses for which I am requesting rezoning, long known as Pratt Place, were purchased by my grandfather Cassius Pratt in 1900 and have been in the family ever since. The main structure, 2231 Markham Road, could be described as farmhouse Victorian and has almost 5,000 square feet of living space. It is in very poor condition, with crumbling foundation, cracked and falling plaster, leaking roof, and lacks central heat and air and insulation. Nonetheless, the main part of the structure has some fine features such as large parlors, twelve - foot high wooden ceilings, spacious bedrooms, fine hardwood floors, and is located in a beautiful, isolated setting. Its architectural character and the contributions to Fayetteville by Pratt family members have enabled this house. to be placed on the Arkansas Register of Historic Places. The purpose of this request for PZD rezoning is to allow me to make it financially feasible to restore Pratt Place by turning it into an outstanding inn with dining facilities It is totally impractical to go to the effort and expense of restoring the exis ' 5,000 square foot house and then use it as a single-family rental property or a caretaker's house. The plan is to tear off the additions to the house, move the core structure off the foundation, dig a full basement, and place the house over the basement; then build where the additions stood an extension with additional bedrooms; a sixty seat dining area, and a restaurant kitchen. The inn would have seven guest rooms, each with a king size bed. The restaurant will be a one -of -a -kind establishment. In addition, the residence currently adjacent to Pratt Place, 2230 Markham Road, would be demolished and rebuilt as a residence for the innkeeper. The creation of an inn at 2231 Markham would not affect any surrounding properties because there are no surrounding residences or properties in the usual sense. I own all of the surrounding parcels, the. nearest neighbor being over 500 feet distant. The house is not visible from any neighbor's house or yard in summer or winter. Traffic impact will be limited because once the inn is built a number of rental cabins that are scattered around the property will be demolished. The nearest house passed by someone driving to Pratt Place Inn is 1655 Markham, 1300 feet away. As for parking, there is adequate space to the north of 2231 Markham which is not in sight of any neighbor's property, not even the tops of the cars. Signage would consist of a small sign no more than 2' x 3' at the intersection of Cross and Markham, a sign no more than 2' x 3' attached to the Archer signpost at the intersection of Sang and Markham, and then one no more than 3' x 5' at the west end of Markham Road. All signs would be on Archer property and none would be visible from any neighbor's residence. The boundaries of this PZD have been drawn so as to include not only the land on which the inn itself sits, but surrounding parcels where associated activity will or may take place as the case may be. This includes extensive access and egress roadway, the adjacent land, and a very isolated and detached parking area. It also incorporates the residence at 2148 Markham Road which since 1980 has been a rental property. Because of the quality of the structure and its choice location, when the inn opens it will be a residence/retreat available for rent by the day as a cottage adjunct to the inn with its own parking. Also incorporated in the PZD will be our residence at 2115 Markham, though that will continue just as it is — a private residence. The PZD contains two fenced pasture and barn areas zoned At under City of Fayetteville Ordinance No. 4392 which will continue to be pasture and barn areas. These are for horses and perhaps other animals. The new barn (2255 Markham), built in 2002-2004, was designed with the possibility of our holding barn dances and/or dinner parties or other social events there. We also saw it as a good occasional meeting place for groups we support such as the North Arkansas Jazz Society, the U. of A. Alumni Office or Development Office, the Ozark Society, and my Fayetteville High School class for its reunions. Its ambience is such that it has attracted interest as a place to commit matrimony, starting with the daughter of one of the barn's building contractors:. Consequently, it will, in addition to being a horse barn, serve the inn as an adjunct space (once cleaned and hosed down inside) for dinners, receptions, and weddings. This barn is a substantial structure with insulated roof and walls capable of containing whatever noise may be generated inside. Since events in the barn would be intermittent rather than continuous (that is, it would not be open .on a daily basis, but only by advance reservation), there is no need for a permanent parking area. There is more than sufficient parking space in the pasture. It should be noted that no amplified music will be permitted outdoors anywhere in the PZD. Once the inn is operational, most of the old camp cabins of the Markham Camp of the 1920s and 1930s will be torn down. If the inn is a financial success, someday we would like to bring in two, three, or four authentic log cabins, reassemble them back in the woods on parcel 765-14548-000, provide them with modem comfort and convenience on the inside while keeping a thoroughly rustic appearance on the outside. These cabins would be handled in the same manner as 2148 Markham; that is, a residence/retreat rented by the day. The cabins would accommodate no more than two to four adults each. A tennis court and a swimming pool will be built in the vicinity of 2231 Markham. A 2" water tap already serves 2231 Markham. For fire protection, an 8" waterline will be run north from the city water tank line and terminate with a fire hydrant beside the drive to the inn. It will be necessary to connect to city sewer via an 8" line and to decommission the existing septic system. The route of the sewer line would be entirely on my property before making connection with city sewer. For your information, there are no pending or proposed sales of this property or adjacent parcels. The inn would not alter the population density of this part of Fayetteville and would not place any burden on the school system. The increase in water usage would be negligible, as a number of rental properties will be eliminated once the inn is functioning. The only public service affected would be sewer, and that usage would be minimal. Tract 2 of this PZD will, be maintained as agricultural timberland and Tract 3; once a pasture, will be cleared except for major trees and planted with nut trees, probably pecans, so as to retain its former agricultural use. A side benefit of this would be to continue the wooded and rural character of this part of Markham Road. It should be noted that neither Tract 2 nor Tract 3 will be used as a football game parking lot. The object of the PZD proposal is to preserve and restore a historic structure in Fayetteville and at the same time allow this beautiful, natural setting to continue to exist undisturbed in the heart of the city. In years to come it can be a unique and distinctive place to stay when visiting Northwest Arkansas, one that will create lasting memories of the natural beauty of this area. Julian Archer 2115 West. Markham Road Fayetteville, AR 72701 Skiles Architect Permitted uses by unit Conditional uses by unit Planning Area 1 1,2,6,7,8,13,14 4,29 Land Use Density 4 Dwelling Units Dwelling Units 1. Existing Oak Cabin 2. Existing (Tower) House 3. Proposed Innkeeper's House 4. Existing Archer Log House Land Use Intensity 33,340 ( 6,300 ( 340 (18,900 ( 6,000 ( 1,800 Bulk and Area Regulations PA 2 1,6 4 No DU 2248 W. Markham 109 North Sang 2230 W. Markham 2115 W. Markham PA 3 1,6 4 No DU non-residential By CU By Cl. Barn existing) Two Stall Barn) Proposed Inn) proposed 4 cabins @ 1500 sq. ft each max) Existing English Cottage 2148 Markham) Lot Width Minimum 200' N/A N/A Lot area minimum 1 acre 3.57 acres 4.18 acres Land.area per dwelling 1 acre No DU No DU Setbacks Height Building area Landscaping Parking Site Planning Architectural Design Front 50' 25% Side 10' 50' 25% Rear 20' 50' 25% Will Conform to City Standards (All tracks) By Jeremy - Neighborhood Standards Project Phasing Restrictions — Proposed Inn on PA 1 is planned to be started August 2006. Innkeeper's House and Four Rental Cabins on PA 1 planned be started within three years after hotel is built. STATEMENT OF COMMITMENTS — PRATT PLACE PZD Dedication This PZD will include the construction of an 8" waterline, as well as an 8" sanitary sewer. Both of these utilities will be built to theCity of Fayetteville standards, and upon completion will be dedicated to the city along with all necessary utility and access easements. On or off site improvements A majority of the utilities will be constructed on site. The small portion of the utilities which will be offsite will lie within street right-of-way, or in areas where there are existing easements. All utilities will be constructed at the same time as the Inn. Natural Resources Tree preservation is an integral part of this project. The main principle of the development is to maintain the atmosphere of rural Arkansas in the heart of Fayetteville. A large portion of the site will remain undeveloped, and care has been taken to plan roads, buildings and parking lots in areas where trees are the least abundant. Project Phasing Restrictions The initial phase will include the construction of the Inn, all utilities, parking lots, and associated access and egress. A future phase will consist of the construction of four rustic cabins on the property. This phase will be constructed when or if the owners.deem it financially feasible. Fire Protection Fire protection will be provided in two ways. First, there will be a hydrant located near the Inn and innkeeper's residence. The Inn will also be served by an internal fire suppression system system. These measures will be in place, tested, and functioning before the Inn will open its doors. Other Commitments as Imposed by the City To be determined. Parks/Trails/Open Space Commitments There are no parks or proposed trails within the limits of this PZD according to the Alternative Transportation and Trails master Plan_ Proposed Preliminary Building Elevations Elevations will be submitted by the architect. • February 25, 2005 Dear Neighbors and Residents of the University Heights Neighborhood: Thank you for taking the time to attend the meeting about the Pratt Place Inn project. It is important to us to maintain good communication with the members of UHNA. The reason for this communication is, above all, to apologize to any of our neighbors who have been disturbed or inconvenienced by events held in our barn. With chagrin, we have just been apprised by Albert Skiles, the architect for the Pratt Place Inn —following his meeting with some of you o n Sunday, February 20 —of a parking problem on Sang related to gatherings a the barn. As the very people who asked the city to put up the "no parking" signs on Sang and Cross —and the "no littering" signs as well we are disturbed to learn of this situation and would have welcomed being informed of it by any of you directly. Whether or not you take up your grievances pertaining to Pratt Place with the city, you can also expedite their being addressed by bringing them to us personally, or anonymously if you prefer. We have no desire to be anything but good neighbors, responsible land stewards, and civic -minded citizens. Please feel free to let us or our overseer, Jim Backerman (251-1302), know about any difficulties you may experience resulting from our actions or those of anyone associated with our property, and it will be taken care of expeditiously. Most of you have never met us, but you have some familiarity with us as the custodians of Pratt Place —firstly, because we have resisted for the past 25 years all of the breathtaking offers we have received to purchase a n d develop the property. Instead, we have ensured that the . land remains largely intact, looking beautiful, even though it doesn't come close to paying for its upkeep. Starting with the inheritance taxes and continuing with property taxes, insurance, maintenance and improvements, and the king's ransom in sweat we have expended on it, just hanging on to Pratt Place has been a wild ride. Yet, we have carved out the time and means to accomplish some of our own neighborhood beautification programs—i.e. burying nearly all the electrical and phone lines on our property, including a piece we once owned on Halsell; planting and maintaining rows of sycamore trees along Markham, Sang, and Osage Bend in Bois d'Arc for the public to enjoy; sculpting and smoothing the slopes down to the ditches on Markham and Sang, and so on. Because we divide our time between Fayetteville and Des Moines, we do not often get to enjoy the fruits of our labors ourselves. As civic -minded, part-time residents of Fayetteville, we are pleased to be able to offer the University track teams and Fayetteville schools track teams our trails to train on. In addition, we have put the barn at the disposal of the University's Development Office and the Alumni Association, the NW Arkansas Jazz Society, and the University Heights Neighborhood Assn. for its meetings and annual picnics (in the barn/pasture), at no cost to any of them. We first made this offer some time ago to the UHNA via the president at that time, much to that person's delight, and have been surprised that there was never any follow through. (Incidentally, even when it rains, cars can park safety in the pasture without risk of getting stuck.) ** The observations below are in response to questions raised at last Sunday's UHNA meeting. Some are disturbed about a wedding in our barn that was covered by Weddings magazine. When our friends the Fosters asked if their daughter could be married in the barn, we couldn't imagine turning them down. Likewise, one of the barn's building contractors when his daughter got married, as well as one of the carpenters when he committed matrimony, and a young couple who worked for us at Pratt Place. None of these people would have wanted to upset the neighbors, a n y more than we, but despite their instructions to guests to park only in the pasture, and thinking they had done so, a parking problem apparently arose. Other neighbors seen to believe that we built the barn as a "party barn" because there are bathrooms, kitchen, and chandeliers. We understand why one would think that, however mistakenly. In fact, it was built to be horse barn with costly plumbing for automated, all -seasons horse waterers; stall drainage; haylofts with hinged railings for getting hay upstairs; tack room; Dutch stall doors letting onto the loafing shed, etc. The chandeliers were inspired by the Spanish Riding School in Vienna, Austria, and those, along with the amenities, were included in the barn layout for our own social activities. Given the opportunity to build a structure from scratch, it would be shortsighted not to include these conveniences. There would be horses there now but the fence builders finished the fence around the pasture too late to bring the horses in before our return to Des Moines last September. Happily, we will at last be able to grace the pastures with horses this year, and perhaps coax our grandchildren away from their parents on a regular basis with such enticement, though their parents enjoy horseback riding too much to be left behind very often. Someone asked about the distance from the parking place to the inn/restaurant. I don't know how this impacts the neighborhood, but obviously there would be valet parking. Another neighbor invoked Julian's mother Evangeline's name as one who would oppose "the extension of Sang." That is, of course, a different subject, but as for the inn, she suggested to us years ago that one way to save Pratt Place from eventual development was to turn the Pratt House into a n inn, and she supported the University's idea in the late 1970$ of turning it into a guest house when the latter was part owner. When her sister Joy Markham ran a co-ed summer camp at Pratt Place in the 1920s, 306, a n d 40s, it was heartily endorsed by Evangeline and everyone else in the family as a way, among other things, of keeping the property intact and preserving its integrity. We specifically want to apologize to the Scroggs and the Wades who indicated their annoyance with sound coming from the barn. Since neither they nor anyone else has complained about this, either when an event was in progress or afterward, we assumed that our having insulated the entire barn had taken care of any potential sound problems. We are particularly sensitive to this because we like to play opera full blast when we are working in the barn day or night, and we anticipate having various kinds of musical groups when we hold dinner parties in the barn. Therefore, we want to assure the neighborhood that we will have the sound from the barn tested and any problems addressed accordingly. In the summer we leave the barn doors open while we're working there, with opera or Public Radio blasting away, so please don't hesitate to call and leave a message on our answering machine if the sound is reaching you, as we truly don't want to be a n annoyance to anyone. We hope our track record of executing quality and aesthetically pleasing projects in the past will reassure the neighborhood with respect to future projects. We encourage your questions and concerns about the Pratt Place Inn project or any other ways in which Pratt Place impacts the neighborhood. 2115 Markham Road Fayetteville, AR 72701 (479) 582-5443 — for almost all academic breaks and vacations. 402 -29th Street Des Moines, IA 50312 (515) 243-4089 — when classes are underway. Sincerely, Julian & Jane Archer it 4 P , 1 I ri./ t IY+��' ff 11 rr y� •r tSI� .0 �'hf n �r�+eH®SFr •, :=j.4�T las\ 1 ..•�-ii\a ' 1,'6 % 4` JRaI'�r\ r3E�a d }a r•• lY • •ti\ Y Ia, I�/idiirj dl i!' tir 'G :.z ,�, • \ 's -1 • as A,T,3}- i �„r.. 'L.LYn\ I . a f! : r a . � •!{' lsi-!"jlr srifi ♦r:{L♦T' �1r !� . 4. a • ry1. )a�l `.Va �a�Y57f1 j �Gajgpi�yiV _r} � 34 S tt:"fvl '� 1 >q+7��m."�≥ \``� �r 2+y:r�iu k'^J.1wg � -, sr t T.,/a� ;i. - ♦ af%t. t.Y�i19a9 ""L =ia ���� f(tt¢¢.... 'ate � v > Tat �;''� )♦ ��,� Y 1 ♦ a 6 Y1 1 I � 111 Z�Y 1V Sx'f. y 1 J lA � F �� tot` , L—.^..�� 1 ItT �- 1 ti i✓, d,.�Y�,1rCPeu+t\' ... t \ t• ! Vie.- ` - • �`� gyp.=v'.Y_— _ jl r'•^,-_—.•�i4.ve{'r �,•'• .r .4 3I, M 7i, Ir :w� 1= -a- a. r Y . [E1 • [.q vim.. .dam LY T Y f an JJ. I _i..l: f , j 1 L .l .i ,. 1 \{�, �'� :• .^ .yam.__ :� A •�. S eSF-.. .� .� f _ I iI 1. t d�iA { Li i^ 32 -°"1/ 'trN j"1 +fir. r pp (I 11 nL. (Jtlt • 3 ` ti♦ y\I N fr,S 1 � J 4• Ii r.: 'Y• ♦i .-�: 'v x i ' 1• _ ♦ tii r a 1 ua =1 ____ -1 I 1 1z M r II a A I' THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE To: Mayor Dan Coody, City Council From: Jeremy Pate, Director of Current Planning Date: September 28, 2005 Subject: Pratt Place Master Development Plan - Planned Zoning District 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 Attached you will find information requested from City Council members for this proposal, as well as a request from the applicant to modify one component of the Planned Zoning District request: 1) A traffic generation summary has been provided indicating average 24 -hour weekday and weekend vehicle trips (volume) based on the proposed zoning (C-PZD) and permitted uses and the existing zoning (RSF-4, R -A) and permitted uses. The proposal significantly reduces the potential volume of traffic from that of the permitted residential density and that of the proposed uses. 2) The Exhibit "A" legal description for this rezoning request has been revised and accepted by the Fayetteville GIS division, and is included for your information. 3) The applicant requests a 15 -year time frame in which to build the maximum of four log cabins to be used in the conjunction with the Pratt Place Inn. The conditions of approval drafted by staff (Condition #15) currently states that the cabins and the Innkeeper house are to begin construction within three years of the Large Scale Development approval by the Planning Commission. This request would revise condition #15 to allow for a period of 15 years for the four cabins to be constructed. 4) Staff has contacted the applicant regarding placing Planning Areas 2 and 3 and a portion of Planning Area I into a Conservation Easement, to be administered by a third party land trust, at the request of a City Council member. Mr. Archer, the applicant, has received my request and has stated that he will be contacting me shortly. I will pass this information along to the Mayor and City Council as it becomes available. Please let me know if you have any questions. K:IReporul2005IPZD-MD/' ReportslPran Place C-PZDIPrau Place rerlsions.doc an 77e area ieadl)79A1r11'5 Pratt Place Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes September 27, 2005 24 Hour AM Pk Hour PM Pk Hour Two -Way Land Use Size Volume Enter Exit Enter Exit Single Family Detached Housing 4 Dwelling Units 38 1 2 3 1 Hotel 12 Rooms 99 4 3 4 3 Quality Restaurant 60 Seats 172 0 0 10 5 Recreation Community Center 6 Th.Gr.Sq.Ft. 137 5 3 4 7 Total 446_ 10 8 21 16 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Pratt Place Summary of Multi -Use Trip Generation Saturday and S nday Driveway Volumes September 27, 2005 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Single Family Detached Housing 4 Dwelling Units 40 2 2 35 2 •2 Hotel 12 Rooms 98 5 4 71 3 4 Quality Restaurant 60 Seats 169 11 8 129 9 5 Recreation Community Center 6 Th.Gr.Sq.Ft. 55 4 4 82 5 4 Total 362 22 18 317 19 15 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS • • Pratt Place Summary of Average Vehicle Trip Generation EQY 907 Dwelling Un;rs of Single Family Detached Housing September 27, 2005 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 1981 39 116 135 75 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 2089 106 89 Sunday 1817 95 83 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS S 0 EXHIBIT "A" C-PZD 05-1670 TRACT 1: PART OF THE NORTHWEST QUARTER (NW ''/4) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER (SW '/4 OF THE NW %4), THENCE SOUTH 88° 58' 47" WEST ALONG THE SOUTH LINE OF SAID SW '/4 Q 1 E NW '/4 SOUTH 330.00 FEET TO THE POINT OF BEGINNING AND RUN THENCE ALONG SAID SOUTH LINE SOUTH 88° 58' 47" WEST 986.40 FEET'Zfl SOUTHWEST CORNER OF SAID SW '/4 OF THE NW '/4; THENCE NORTH 0O° 03' 33" EAST ALONG THE WEST LINE OF SAID SW '/4 OF THE W6% 132111 TO THE NORTHWEST CORNER OF SAID SW '/4 OF 4+"E NW' 1/4 ; THENCE ORTH 00° 03' 33" EAST ALONG THE WEST LINE OF THE NW OF THE NW '/4 O SAID SECTION 17, 660.00 FEET; THENCE NORTH 88° 58' 47' EAST 660.00 ET; THENCE SOUTH 00° 03' 33" WEST 132.00 FEE' VT HENCE NORTH 88° 58' 47" EAST 660.00 FEET TO THE EAST LINE OF SAID NVC/ %4 OF THE NW 1/4 THENCE NORTH 00° 03' 33" EAST ALONG SlAID EAST LINE'1I12A00 FEET; THENCE NORTH 88° 58' 47" EAST 480.00 FEE; E CE SOUTH 00° 03' 33" WEST 640.00 FEET TO THE SOUTH LINE OF THE NOR H S QUARTER OF THE NW '/4 (NE '/4 OF THE NW '/4) OF SAID SECTION 1'7�r, THE CE S®a' H 88° 58' 47" WEST ALONG SAID SOUTH4IMIE480.00 FEET�TO THE SOUTHWEST CORNER OF SAID NE %4 OF THE'NW %4 ;tENCE SOU$TH 000 03' 33" WEST ALONG THE WEST LINE OF THE SOUTHEjST QUARTERRyOF THE NW '/4 (SE'/4 OF THE NW /4) OF SAID SECTION%I7�20:00'F•.(EET THENCE NORTH 88° 58' 47" EAST 400.00 FEET; THE SOUTH 6J' 44'OWES°T 222.40 FEET; THENCE SOUTH 40° 35' 44" WEST 113.90 F.EE T THENCE SOUTH 58° 40' 00" WEST 213.70 FEET; THENCE SOUTH 22°%00" WEST 247.04 FEET; THENCE SOUTH 88° 58' 47" WEST 27.75 FEET TO THE WEST LINE OF SAID SE %4 OF THE NW 1/4; THENCE SOUTH 000333" WESTALONG SAID WEST LINE 16.96 FEET; THENCE SOUTH 88° 58' 47" WEST 266.80 FEET; THENCE NORTH 00° 03' 33" EAST 115.00 FEET; THENCE SOUTH88° 5847" WEST 270.00; THENCE SOUTH 00° 03' 33" WEST 270.00 FEET; THENCE'NORTH 88° 58' 47" EAST 95.00 FEET; THENCE SOUTH 00° 03' 33" WEST 1;00.00 FEET; THENCE NORTH 88° 58' 47" EAST 100.00 FEET; THENCE NORTH 00° 03' 33" EAST 100.00 FEET; THENCE NORTH 88° 58' 47" EAST 75.00 FEET; THENCE NORTH 00° 03' 33" EAST 105.00 FEET; THENCE NORTH 88° 58' 47" EAST 266.80 FEET TO THE EAST LINE OF SAID SW i/4 OF THE NW '/4 ; THENCE SOUTH 00° 03' 33" WEST ALONG SAID EAST LINE 265.00 FEET; THENCE SOUTH 88° 58' 47" WEST 330.00 FEET; THENCE SOUTH 00° 03' 33" WEST 329.00 FEET TO THE POINT OF BEGINNING, CONTAINING 63.86 ACRES, MORE OR LESS. TRACT 2: PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE'/4 OF THE NW ¼) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SE %4 OF THE NW '/4; THENCE NORTH 000 03' 33" EAST ALONG THE WEST LINE OF SAID SE %4 OF THE NW %4 660.00 FEET; THENCE NORTH 88° 58'47" EAST 317.00 FEET TO THE WEST LINE OF PRATT WOODS SUBDIVISION AS SHOWN IN PLAT RECORD 12- 48 OF THE RECORDS OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY; THENCE ALONG SAID WEST DINE OF PRATT WOODS SUBDIVISION NORTH 00° 13' 25" EAST 305.20 FEET TO THE POINT OF BEGINNING AND RUN THENCE NORTH 000 13' 25" E.34. 10 FEET TO A ROAD, THENCE WITH THE EAST LINE OF SAID ROAD NI 38° 34' 00" EAST 113.9 FEET; THENCE NORTH 4° 21' 00" EAST 222.40 FEE4TO A FENCE ALONG THE SOUTH SIDE OF MARKHAM ROAD_ THENCE NORTH 88° 58' 47" EAST 913.00 FEET TO THE EAST LINE OFF ALONG SAID EAST LINE SOUTH 00° 47"51 LINE OF PRATT WOODS SUBDIVISION, TI- THE FOLLOWING SIXTEEN COURSES: TH] FEET; THENCE NORTH 59° 38' 40 WEST 6 \+a. YA 33" WEST 77.14 FEET; THENCE NO •TH.51` SOUTH 84° 18' 57" WEST 48.85 FEETTHE1 FEET; THENCE SOUTH 28° 24' 54" WEST 551 35" WEST 64.07 FEET;�THENCE SOUTHR85° NORTH 72° 48' 32 WW7 " EST 576 FEET; THE? FEET; THENCE SOUTH 82° 35j 13" WEST 7, 26" WEST 67.51 FEET, THENCE SOUTH 27,° SOUTH 85° 05'>p37" WEST 70.39 FEET; THEI �•tr. Tfl'IY� FEET OTHE POINTOF BEGINNING, CON SID SE %4 OF THE NWWJ HENCE WEST 2562 FEET TO THE NORTH @E TONG SAID NORTH LINE NCE NO TH 41° 17' 57" WEST 76.78 .85 FEE THENCE NORTH 80° 31' Dl' 58" WEjJ.56 FEET; THENCE *UTHPR 23' 46" WEST 82.89 24 FE1✓T pTHENCE NORTH 84° 38' ≥6' 22'WEST 110.16 FEET; THENCE CE SOUTH 68° 24' 25" WEST 110.51 06 FEET; THENCE SOUTH 72° 12' S4' 06" WEST 54.77 FEET; THENCE �E SOUTH 70° 56' 40" WEST 80.54 AINING 4.57 ACRES, MORE OR TRACT 3\ \ '1 PART OF THE -NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE'/4 OF THE NW '/4 )VOF\SECTTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NE %4 OF THE NW ¼, THENCE NORTH 320.00 FEET; THENCE WEST 499.65 FEET TO THE EAST RIGHT OF WAY LINE OF CROSS AVENUE; THENCE SOUTH ALONG SAID EAST RIGHT OF WAY LINE 320.00 FEET; THENCE EAST 499.65 FEET TO THE POINT OF BEGINNING, CONTAINING 3.67 ACRES, MORE OR LESS. a e evi -fie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE To: Mayor Dan Coody, City Council From: Jeremy Pate, Director of Current Planning Date: September 30, 2005 Subject: Pratt Place Master Development Plan - Planned Zoning District 125 W. Mountain Si. Fayetteville, AR 72701 Telephone: (479) 575-8267 The attached correspondence is from Mr. Julian Archer, owner and applicant for the Pratt Place Inn Planned Zoning District request, in response to recent questions and concerns. Please let me know if you have any questions. K: Ueremy12005 Correspondence Vnternal Memosl7.ion Gardens revisions. dot 09/26/2005 20:03 5152434089• ARCHER • PAGE 02 September 27, 2005 To the Fayetteville City Council; I have been asked by Jeremy Pate to respond to an inquiry by some of the members of the city council about considering a conservation easement in perpetuity for tracts 2 and 3 of the Pratt Place Inn PZD request. We understand the good intentions in making this request, but in this case it is unwarranted; let me explain why. It is essentially an attempt by a couple of people in the University Heights Neighborhood area, as reflected in certain neighborhood emails, to write my will as it pertains to this property, and to write it so that it benefits their interest, but not necessarily mine or that of my heirs. If my wife and I had been guided solely by narrow economic self-interest when I inherited this property twenty-five years ago we would have sold it immediately and now be cruising the Caribbean on our yacht or playing golf in Palm Springs. The city of Fayetteville could not have asked for better stewards of Sassafras Hill than the Pratt/Waterman/Archer family. For 105 years the property has remained essentially unchanged. It is unreasonable for anyone to ask us to put any part of our property into a conservation easement, especially as an implied condition for rezoning our property as a PZD. That is unrelated to the inn project and denigrating to our and the family's conscientious preservation of the property since 1900. Apart from a conservation easement, the greatest security for the property would be from a low impact, revenue -producing use such as a lovely inn -restaurant and the protection provided by the conditions we are imposing upon ourselves in our PZD proposal. Otherwise, the future of Pratt Place is perilously uncertain. Sincerely, Julian Archer 09/26/2005 20:03 5152434086 ARCHER • PAGE 03 September 27, 2005 To the members of the Fayetteville City Council; This letter addresses the alleged sound problem concerning our barn, because, astonishingly, this non -issue has grown phantom legs due to two or three persons. There is no sound coming from the bam--a fact corroborated by the following: 1. The walls and the roof are heavily insulated. 2. Neither we, sifting on the porch of our log cabin nearby, nor the people living in the Pratt House, even closer to the barn, have ever heard sounds coming from the bam. 3. Every time there has been music in the barn since the Wades on Sang and the Scroggs on Halsell complained about sound from the barn at the February 20 University Heights Neighborhood meeting, we have sent people to Halsell, Cross, and Sang to monitor the sound throughout the evening and none was detected. 4. No one has ever called us or our overseers to report or complain of sound from the barn, even though we have invited feedback on this, even if anonymously. Please see the attached email of February 25 to the neighborhood in which this question is addressed and contact phone numbers are provided. 5. Every neighbor we have asked about it personally has replied that they have never heard sound from the barn, though they do hear the raceway, traffic on 1540, Dixon Street, Razorback ballgames, and the marching band. Regarding increased traffic on Markham and parking on Sang relating to the barn, neighbors we have asked about it have said they have not been bothered by any increased traffic on Markham and don't recall parking on Sang associated with our property, though we have been apprised by our overseer of traffic backing up due to slow valet parking on one occasion, a situation that has been corrected. There was, however, a gathering at Lynn Wade's house on Sang last spring at which numerous cars were parked on the street. It didn't bother us at all, but it is worth noting since the Wades are our most vociferous critics when it comes to alleged sound and car -related issues associated with the barn. A close neighbor of theirs plays the bagpipes which can be heard far 09/26/2005 20:03 5152434089• ARCHER • PAGE 04 and wide and which we thoroughly enjoy, but it begs the question whether the Wades apply a different standard to him than to us, especially since there is no sound from the focus of their complaints--th barn. pra,Ycrry—Lanca—xa,aux-a,icc; ucarxzccna11ee ana-1mprovcmenrs—ana—me—K1ng.s- ransom in sweat we have expended on it, just hanging on to Pratt Place has been a wild ride. Yet, we have carved out the time and means to accomplish some of our own neighborhood beautification programs—i.e. burying nearly all the electrical and phone lines on our property, including a piece we once owned on Halsell; planting and maintaining rows of sycamore trees along Markham, Sang, and Osage Bend in Bois d'Arc for the public to enjoy; sculpting and smoothing the slopes down to the ditches on Markham and Sang, and so on. Because we divide our time between Fayetteville and Des Moines, we do not often get to enjoy the fruits of our labors ourselves. As civic -minded, part-time residents of Fayetteville, we are pleased t o be able to offer the University track teams and Fayetteville schools track teams our trails to train on. In addition, we have put the barn at the 09/26/2005 20:03 5152434086 ARCHER • PAGE % disposal of the University's Development Office and the Alumni Association, the NW Arkansas Jazz Society, and the University Heights Neighborhood Assn. for its meetings and annual picnics (in the barn/pasture), at no cost to any of them. We first made this offer some time ago to the UHNA via the president at that time, much to that person's delight, and have been surprised that there was never any follow through. (Incidentally, even when it rains, cars can park safely in the pasture without risk of getting stuck-) The observations below are in response to questions raised at last Sunday's UHNA meeting. Some are disturbed about a wedding in our barn that was covered by Weddings magazine. When our friends the Fosters asked if their daughter could be married in the barn, we couldn't imagine turning them down. Likewise, one of the barn's building contractors when his daughter got married, as well as one of the carpenters when he committed matrimony, and a young couple who worked for us at Pratt Place. None of these people would have wanted to upset the neighbors, any more than we, but despite their instructions to guests to park only in the pasture, and thinking they had done so, a parking problem apparently arose. Other neighbors seen to believe that we built the barn as a "party barn" because there are bathrooms, kitchen, and chandeliers. We understand why one would think that, however mistakenly. In fact, it was built to be horse barn with costly plumbing for automated, all -seasons horse waterers; stall drainage; haylofts with hinged railings for getting hay upstairs; tack room; Dutch stall doors letting onto the loafing shed, etc. The chandeliers were inspired by the Spanish Riding School in Vienna, Austria, and those, along with the amenities, were included in the barn layout for our own social activities. Given the opportunity to build a structure from scratch, it would be shortsighted not to include these conveniences. There would be horses there now but the fence builders finished the fence around the pasture too late to bring the horses in before our return to Des Moines last September. Happily, we will at last be able to grace the pastures with horses this year, and perhaps coax our grandchildren away from their parents on a. regular basis with such enticement, though their parents enjoy horseback riding too much to be left behind very often. Someone asked about the distance from the parking place to the inn/restaurant. I don't know how this impacts the neighborhood, but obviously there would be valet parking. 09/26/2005 20:03 5152434089• ARCHER • PAGE 07 Another neighbor invoked Julian's mother Evangeline's name as one who would oppose "the extension of Sang." That is, of course, a different subject, but as for the inn, she suggested to us years ago that one way to save Pratt Place from eventual development was to turn the Pratt House into a n inn, and she supported the University's idea in the late 1970s of turning it into a guest house when the latter was part owner. When her sister Joy Markham ran a co-ed summer camp at Pratt Place in the 1920s, 30s, and 40s, it was heartily endorsed by Evangeline and everyone else in the family as a way, among other things, of keeping the property intact and preserving its integrity. We specifically want to apologize to the Scroggs and the Wades who indicated their annoyance with sound coming from the barn. Since neither they nor anyone else has complained about this, either when an event was in progress or afterward, we assumed that our having insulated the entire barn had taken care of any potential sound problems. We are particularly sensitive to this because we like to play opera full blast when we are working in the barn day or night, and we anticipate having various kinds of musical groups when we hold dinner parties in the barn. Therefore, we want to assure the neighborhood that we will have the sound from the barn tested and any problems addressed accordingly. In the summer we leave the barn doors open while we're working there, with opera or Public Radio blasting away, so please don't hesitate to call and leave a message on our answering machine if the sound is reaching you, as we truly don't want to be an annoyance to anyone. We hope our track record of executing quality and aesthetically pleasing projects in the past will reassure the neighborhood with respect to future projects. We encourage your questions and concerns about the Pratt Place Inn project or any other ways in which Pratt Place impacts the neighborhood. 2115 Markham Road Fayetteville, AR 72701 (479) 582-5443 — for almost all academic breaks and vacations. 402 -29th Street Des Moines, IA 50312 (515) 243-4089 — when classes are underway. Sincerely, Julian & Jane Archer • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 20 -Sep -05 City Council Meeting Date Jeremy Pate# Planning Operations Submitted By Division Department Action Required: C-PZD 05-1670: (Pratt Place Inn, 481): Submitted by Julian & Jane Archer for property located at the west end of Markham Road. The property is zoned RSF-4, Residential Single Family, 4 units per acre and R -A, Residential Agricultural, and contains approximately 72.1 acres. The request is to approve a Master Development Plan - Planned Zoning District for a commercial hotel/Inn, restaurant, cabins, agricultural and residential uses. Cost of this request n/a Account Number n/a Project Number Budgeted Item EJ n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached 1 V 2 0.5 Department Dec or Date City Attorney Finance and Internal Service Director Mayor n/a Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # Original Contract Date: n/a n/a Original Contract Number: n/a Received in City Clerk's Office Date Date Received in Mayor's Office OCT 6 9 r !. Fueling the Flame of Hope Dear Member of the City Council, I am writing this letter in support of Jane and Julian Archer.? I have learned that some community members have become concerned about the noise level associated with some parties at the Archer estate. I would like to dispel those rumors. I have enjoyed the privilege of twining on Markham I fill for over 20 years. I am consistently one of the last runners to exit Markham hill every evening as I take one last circle through the woods. Time and time again, I have seen well over 200 cars parked in front of the barn. As I circle the barn and finish my evening run, I have NEVER heard any noise coming from any of the scheduled events. I have been consistently amazed at how quiet the hill remains while so many people gather inside. My runs are an hour and half in time, and during that hour and a half, I simply have never heard an iota of noise from the Markham barn. I would also like to recognize the Archer's incredible kindness and generosity. For over 20 years, they have graciously allowed me to run on their property. They have always greeted me with gracious hugs. a hearty welcome and they consistently have time for neighborly conversations. During these conversations. I am privileged to learn a great deal about their heart, their passions, their kindness and their commitments to make this world a better place for others. I have all but lived on the hill as I have enjoyed my evening runs for well over 20 years. During this time, I have been blessed to get to know the Archers well. The Archers have a deep and abiding love for their natural surroundings. l'hey have a deep and abiding love for peace, quiet and all of the natural life that lives and thrives on Markham ifill. Regarding any future projects they may pursue, I am fully confident that the Archers will only make decisions that maintain the quiet, peace and integrity of Markham I lilt. Thank you for allowing me to share these strongly felt commitments about the Archers and their interests in Markham Hill. Your favorable consideration for their proposals is appreciated. Sincerely, Jt"^ Adelaide SchcfYia �.. Executive Director: Champions for Kids 26 West Center, Suite 215 • Fayetteville, AR 72701 • 479.582.2008 • ChampionsforKids.org • City of Fayetteville a Staff Review Form City Council Agenda Items or Contracts 20 -Sep -05 City Council Meeting Date Jeremy Pate# Planning Operations Submitted By Division Department Action Required: C-PZD 05-1670: (Pratt Place Inn, 481): Submitted by Julian & Jane Archer for property located at the west end of Markham Road. The property is zoned RSF-4, Residential Single Family, 4 units per acre and R -A, Residential Agricultural, and contains approximately 72.1 acres. The request is to approve a Master Development Plan - Planned Zoning District for a commercial hotel/Inn, restaurant, cabins, agricultural and residential uses. 00 Cost of this request n/a Account Number n/a Project Number Budgeted Item EJ n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached EJ Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Department Dec or Date Original Contract Date: n/a Original Contract Number: n/a q / z/ar City Att rney Received in City Clerk's Office Finance and Internal Service Director Date Mayor Date JtL&d 'tug/as -% /1/°1/or , taa4t 1/or /S. -f &a vla.c Wt IB/av/o5 From: Jeremy Pate To: Housley, Judy; Monreal, Cindy; Smith, Sondra; Williams, Kit Date: 11/2/05 11:49AM Subject: Pratt Place PZD Just so you know, the Pratt Place PZD that was approved last night had several amendments that are not in the current draft ordinance. I will need to get those modifications into an acceptable format before this is recorded. I will be out until 2pm this afternoon, but will try to get a draft ordinance for Kit to look over asap. Thanks, Jeremy Jeremy C. Pate Director of Current Planning City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 1-479-575-8267 phone 1-479-575-8202 fax jpate@ci.fayetteville.ar.us August 5, 2005 Pratt Place Inn PZD Request The property and houses for which I am requesting rezoning, long known as Pratt Place, were purchased by my grandfather Cassius Pratt in 1900 and have been in the family ever since. The main structure, 2231 Markham Road, could be described as farmhouse Victorian and has almost 5,000 square feet of living space. It is in very poor condition, with crumbling foundation, cracked and falling plaster, leaking roof, and lacks central heat and air and insulation. Nonetheless, the main part of the structure has some fine features such as large parlors, twelve -foot high wooden ceilings, spacious bedrooms, fine hardwood floors, and is located in a beautiful, isolated setting. Its architectural character and the contributions to Fayetteville by Pratt family members have enabled this house to be placed on the Arkansas Register of Historic Places. The purpose of this request for PZD rezoning is to allow me to make it financially feasible to restore Pratt Place by turning it into an outstanding inn with dining facilities. It is totally impractical to go to the effort and expense of restoring the existing 5,000 square foot house and then use it as a single-family rental property or a caretaker's house. The plan is to tear off the additions to the house, move the core structure off the foundation, dig a full basement, and place the house over the basement; then build where the additions stood an extension with additional bedrooms, a sixty seat dining area, and a restaurant kitchen. The inn would have seven guest rooms, each with a king size bed. The restaurant will be a one -of -a -kind establishment. In addition, the residence currently adjacent to Pratt Place, 2230 Markham Road, would be demolished and rebuilt as a residence for the innkeeper. The creation of an inn at 2231 Markham would not affect any surrounding properties because there are no surrounding residences or properties in the usual sense. I own all of the surrounding parcels, the nearest neighbor being over 500 feet distant. The house is not visible from any neighbor's house or yard in summer or winter. Traffic impact will be limited because once the inn is built a number of rental cabins that are scattered around the property will be demolished. The nearest house passed by someone driving to Pratt Place Inn is 1655 Markham, 1300 feet away. As for parking, there is adequate space to the north of 2231 Markham which is not in sight of any neighbor's property, not even the tops of the cars. Signage would consist of a small sign no more than 2' x 3' at the intersection of Cross and Markham, a sign no more than 2' x 3' attached to the Archer signpost at the intersection of Sang and Markham, and then one no more than 3' x 5' at the west end of Markham Road. All signs would be on Archer property and none would be visible from any neighbor's residence. Pratt Place Inn PZD Prod Zoning Criteria 9-1-05 Albert Skiles Architect Planning Area 1 PA 2 PA 3 Permitted uses by unit 1,2,6,7,8,13,14 1,6 1,6 Conditional uses by unit 4, 29 Land Use Density 4 Dwelling Units Dwelling Units 1. Existing Oak Cabin 2. Existing (Tower) House 3. Proposed Innkeeper's House 4. Existing Archer Log House Land Use Intensity 33,340 ( 6,300 ( 340 (18,900 ( 6,000 ( 1,800 Bulk and Area Regulations 4 4 No DU No DU 2248 W. Markham 109 North Sang 2230 W. Markham 2115 W. Markham non-residential By CU By CU Barn existing) Two Stall Barn) Proposed Inn) proposed 4 cabins @ 1500 sq. ft each max) Existing English Cottage 2148 Markham) Lot Width Minimum 200' N/A N/A Lot area minimum 1 acre 3.57 acres 4.18 acres Land area per dwelling 1 acre No DU No DU Setbacks Height Building area Landscaping Parking Site Planning Architectural Design Front 50' 60' 25% Side 10' 50' 25% Rear 20' 50' 25% Will Conform to City Standards (All tracks) By Jeremy — Neighborhood Standards Project Phasing Restrictions — Proposed Inn on PA 1 is planned to be started August 2006. Innkeeper's House and Four Rental Cabins on PA 1 planned be started within three years after hotel is built. STATEMENT OF COMMITMENTS — PRATT PLACE.PZD Dedication This PZD will include the construction of an 8" waterline, as well as an 8" sanitary sewer. Both of these utilities will be built to the City of Fayetteville standards, and upon completion will be dedicated to the city along with all necessary utility and access easements. On or off site improvements A majority of the utilities will be constructed on site. The small portion of the utilities which will be offsite will lie within street right-of-way, or in areas where there are existing easements. All utilities will be constructed at the same time as the Inn. Natural Resources Tree preservation is an integral part of this project. The main principle of the development is to maintain the atmosphere of rural Arkansas in the heart of Fayetteville. A large portion of the site will remain undeveloped, and care has been taken to plan roads, buildings and parking lots in areas where trees are the least abundant. Project Phasing Restrictions The initial phase will include the construction of the Inn, all utilities, parking lots, and associated access and egress. A future phase will consist of the construction of four rustic cabins on the property. This phase will be constructed when or if the owners.deem it financially feasible. Fire Protection Fire protection will be provided in two ways. First, there will be a hydrant located near the km and innkeeper's residence. The Inn will also be served by an internal fire suppression system system. These measures will be in place, tested, and functioning before the Inn will open its doors. Other Commitments as Imposed by the City To be determined. Parks/Trails/Open Space Commitments There are no parks or proposed trails within the limits of this PZD according to the Alternative Transportation and Trails master Plan. Proposed Preliminary Building Elevations Elevations will be submitted by the architect. • 0 February 25, 2005 Dear Neighbors and Residents of the University Heights Neighborhood: Thank you for taking the time to attend the meeting about the Pratt Place Inn project. It is important to us to maintain good communication with the members of UHNA. The reason for this communication is, above all, to apologize to any of our neighbors who have been disturbed or inconvenienced by events held in our barn. With chagrin, we have just been apprised by Albert Skiles, the architect for the Pratt Place Inn —following his meeting with some of you on Sunday, February 20 —of a parking problem on Sang related to gatherings a t the barn. As the very people who asked the city to put up the "no parking" signs on Sang and Cross —and the "no littering" signs as well —we are disturbed to learn of this situation and would have welcomed being informed of it by any of you directly. Whether or not you take up your grievances pertaining to Pratt Place with the city, you can also expedite their being addressed by bringing them to us personally, or anonymously if you prefer. We have no desire to be -anything but good neighbors, responsible land stewards, and civic -minded citizens. Please feel free to let us or our overseer, Jim Backerman (251-1302), know about any difficulties you may experience resulting from our actions or those of anyone associated with our property, and it will be taken care of expeditiously. Most of you have never met us, but you have some familiarity with us as the custodians of Pratt Place —firstly, because we have resisted for the past 25 years all of the breathtaking offers we have received to purchase an d develop the property. Instead, we have ensured that the . land remains largely intact, looking beautiful, even though it doesn't come close to paying for its upkeep. Starting with the inheritance taxes and continuing with property taxes, insurance, maintenance and improvements, and the king's ransom in sweat we have expended on it, just- hanging on to Pratt Place has been a wild ride. Yet, we have carved out the time and means to accomplish some of our own neighborhood beautification programs—i.e. burying nearly all the electrical and phone lines on our property, including a piece we once owned on Halsell; planting and maintaining rows of sycamore trees along Markham, Sang, and Osage Bend in Bois d'Arc for the public to enjoy; sculpting and smoothing the slopes down to the ditches on Markham and Sang, and so on. Because we divide our time between Fayetteville and Des Moines, we do not often get to enjoy the fruits of o u r labors ourselves. As civic -minded, part-time residents of Fayetteville, we are pleased to be able to offer the University track teams and Fayetteville schools track teams our trails to train on. In addition, we have put the barn at the 0 • Another neighbor invoked Julian's mother Evangeline's name as one who would oppose "the extension of Sang." That is, of course, a different subject, but as for the inn, she suggested to us years ago that one way to save Pratt Place from eventual development was to turn the Pratt House into a n inn, and she supported the University's idea in the late 1970s of turning it into a guest house when the latter was part owner. When her sister Joy Markham ran a co-ed summer camp at Pratt Place in the 1920s, 30s, an d 40s, it was heartily endorsed by Evangeline and everyone else in the family as a way, among other things, of keeping the property intact and preserving its integrity. We specifically want to apologize to the Scroggs and the Wades who indicated their annoyance with sound coming from the barn. Since neither they nor anyone else has complained about this, either when an event was in progress or afterward, we assumed that our having insulated the entire barn had taken care of any potential sound problems. We are particularly sensitive to this because we like to play opera full blast when we are• working in the barn day or night, and we anticipate having various kinds of musical groups when we hold dinner parties in the barn. Therefore, we want to assure the neighborhood that we will have the sound from the barn tested and any problems addressed accordingly. In the summer we leave the barn doors open while we're working there, with opera or Public Radio blasting away, so please don't hesitate to call and leave a message on our answering machine if the sound is reaching you, as we truly don't want to be a n annoyance to anyone. We hope our track record of executing quality and aesthetically pleasing projects in the past will reassure the neighborhood with respect to future projects. We encourage your questions and concerns about the Pratt Place Inn project or any other ways in which Pratt Place impacts the neighborhood. 2115 Markham Fayetteville, AR (479) 582-5443 402 -29th Street Des Moines, IA (515) 243-4089 Road 72701 - for almost all academic breaks and vacations. 50312 - when classes are underway. Sincerely, Julian & Jane Archer �i� �s� -�'•Y-`_ter'• �� 1 ul �Y. may. _-r- ♦ fH 4 j�+ � 5J..1 c t 'a Lek `♦ �,:�i�.. M- ALL �7� Y s ems. yii j.� ' ..' .tea KL,e= V/ �y� 7g�1. -t .(. y- p. l . i. !I vTt' J -A— I' F +ri . 1 1 fE. T 0 G 3 z O S t I - 1 AL.. f :4 . `s %G2 ? i .- • . _• ,�L}''t �4- yYy♦ YY' �`.lT , •.1 +• r�- r1�iA r• •S Y ♦ M' A �: V,, y. t'rr`f'i .I ALL .�♦ a [r c\, 1 . 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W G 8C VQl o Ii M^O o MWv PRATT PLACE INN MIXED USE DEVELOPMENT FAYETTEVILLE, ARKANSAS tsaf m m m r r ill z rDn V Crafton, Tull & Associates, Inc. 471 N. 4° Street:479zooRapers, AR 72756 479.8363 8..4838 FAX: 479.831.631 .6224 www.peBonMl.tom Architects, Engineers & Surveyors 112 -� r \ r / ! r l //� /14- fl / i 1 - > r fife / 1 >2I1 H.i / / L5c• � / �• / r �O 1 1 r . . r ` ±-', :ct I i {- M �m { i Ui. EEY7. - s / � NEFAtUTU7 EAI a N I i r,J N P I IC 9 __ - . max— x ' x l a 'I � � � wa aern+un1,� € d �- 0: A II I I 1 tewn" OK --. A PFNATE xu I i !iia'l i ) A\ ±_7 I,� r , P 3AY. 4 Fcmrn®rt �— I i FAZOFF__ ~-YO F. O N / rrl�SiS 4 ; /' /i Fa wmmu v.; �- -XW F41'evE R g / tqd� rgF114YF `+.` ' ii p c r/ � LE N Wp Sy C/) 0 �g 1 C 00 o � R m O ; � V/ RF l O N 0 II N O IN.) , • r_ - (O� O r0.1Y yiO.fF' 1 V ' O 0 Sl.p�i•�i� y %' Y e4 j N C.J •Gr PRATT PLACE INN MIXED USE DEVELOPMENT FAYETTEVILLE, ARKANSAS x r 11 x III Y.1 I r Z NC tpp • __ ) ,i 't["- / j � ( cP� 0 CraPton, Tull & Assodates. Inc. 901 N.p• Stred, 9u8e 910, X: R 72768 179.838./898 FA1794 .831 wwwtFdbn.Wll.ewn • Architects, Engineers & Surveyors. �1 F1IF/C • �f C( � N�IIYt\d� THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. PaycueviIIt AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: Mayor Dan Coody and City Council From: Jeremy Pate, Director of Current Planning Date: October 31, 2005 Subject: Pratt Place Commercial Planned Zoning District The. City Council has directed staff to prepare a list of additional conditions of approval to be considered as part of the Pratt Place Commercial Planned Zoning District. A letter from some of the property owners in this neighborhood and a letter from the applicant has been submitted, each recommending conditions of approval for this project. Staff recommends the Pratt Place Planned Zoning District be amended to add the following conditions: I) Hours of operation: Pratt Place Inn restaurant and "barn" hours as utilized for private or public events shall be from 7:00 am until 12:00 am, seven days per week. 2) Restaurant capacity: The proposed restaurant shall have a seating capacity of no more than 60 dining seats, including indoors, the porch and any outdoor patios/decks, as presented in the proposed Planned Zoning District. 3) Number of gatherings/events for assembly: No more than four (4) gatherings/events per month shall be permitted at the Pratt Place Barn (2255 West Markham Road), Inn, restaurant or elsewhere on the subject property. Noncompliance with this condition shall constitute a violation of the zoning ordinance established with this Planned Zoning District. 4) Barn occupancy and capacity: The barn shall be inspected by the appropriate City officials and all necessary work (electrical, ingress/egress, structural, etc.) completed to bring it into compliance for the intended assembly occupancy prior to submittal of a large scale development for the Pratt Place Inn. Capacity shall be determined by current city codes. The applicant at this time indicates an anticipated capacity 0f376 persons for the barn, though the current building code will ultimately determine that ratio. 5) Vehicular ingress/egress: Access to the Pratt Place Inn, restaurant and barn, including guests, service vehicles, solid waste, etc., shall be from Markham Road, as indicated in the proposed PZD. At this time, access shall be restricted from Sang Avenue. 6) Existing structures: The following structures shall be demolished/removed prior to issuance of a Certificate of Occupancy for the proposed inn/restaurant: • 2154 Evangeline Lane (Walnut House) ...utilizes septic tank • 2222 Evangeline Lane (Ravine House)... utilizes septic tank • 2371 W. Markham Road... not on septic or sewer • 2375 W. Markham Road... not on septic or sewer • 2379 W. Markham Road... not on septic or sewer K: Ueremyi2005 CorrespondencellnternaLNemodl'ralt Place Additional Conditfoncdoc ae'Ftteviiie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 V. Mountain St. Ivyetteville, AR 7270) PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: Mayor Dan Coody and City Council From: Jeremy Pate, Director of Current Planning Date: October 26, 2005 Subject: Pratt Place Commercial Planned Zonine District The following attachments consist of I) An email from the applicant (Archers) with recommended conditions of approval to be added or modified on the currently submitted Planned Zoning District, in response to some of the concerns expressed by adjoining neighbors and the City Council. 2) A letter from adjoining property owners recommending denial, with a list of recommended conditions of approval thought to be appropriate should the City Council choose to recommend the Planned Zoning District. 3) A letter from Planning Staff to Mr. John Williams with written responses to his posed questions, as requested. Staff has forwarded the comments from the neighbors to the applicant in Iowa. Pending responses from the additional items not currently addressed in the applicant's recommended conditions of approval, staff will be preparing a list of staff -recommended conditions of approval for the City Council to consider incorporating into the Planned Zoning District project, as directed by the City Council. These conditions will be placed in the Council's boxes as soon as possible. Please let me know if you have any questions. K: Ueremv12005 Cottespondence fn(enwl ,llemoslPratt Place Memo, dot From: Julian Archer <julian.archer@DRAKE.EDU> To: <jpate@ci.fayetteville.ar.us> Date: 10/25/05 4:03PM Subject: Revised modifications for Pratt place 25 October 2005 Dear Jeremy, I have spoken with Albert and Jerry today and revised our modifications in light of our conversations. They are attached below. Sincerely, Julian Archer October 25, 2005 To the Mayor and members of the Fayetteville City Council Listed below are the modifications to our PZD which we would like to have incorporated into the final version adopted by the Fayetteville City Council. 1. Hours of operation of the Pratt Place Inn restaurant. The Pratt Place Inn restaurant is authorized to be open from 7:00 a.m. until 12:00 a.m. Monday through Sunday. Note: These hours are not necessarily the hours that the restaurant will function, just the hours that it is authorized to function. 2 Pratt Place Inn restaurant capacity. The Pratt Place Inn restaurant capacity is sixty (60) persons total, regardless of where the restaurant patrons are seated. Note. This wording is used to address the concerns of those who fear the capacity will exceed sixty because of the possibility of people dining on the porch. 3. Service of alcoholic beverages. The Pratt Place Inn restaurant and/or bar will not sell alcoholic beverages after 12:00 a.m. Monday through Saturday. Sunday sale of alcoholic beverages will be the hours authorized by the City of Fayetteville, currently 12:00 p.m. to 10:00 p.m. Note. The Monday through Saturday hours are a reduction from the 2:00 a.m. closing currently authorized by the City of Fayetteville 4. Number of gatherings/events per month at the Pratt Place barn. There will be no more than five (5) gatherings/events per month at the Pratt Place barn (2255 West Markham Road). 5. Sale of alcoholic beverages at the Pratt Place barn. No alcoholic beverages will be sold. at the Pratt Place barn and no alcoholic beverages will be served there after 12:00 a.m. 6. Closing time for a gathering/event at the Pratt Place barn. Any gathering/event at the Pratt Place barn must end by 2:00 a.m. 1�PGct4-htwmw^ j4 8- Pratt Place barn capacity. The capacity of the Pratt Place Li. - barn is 376 persons, 144 for the hayloft area and 232 for the floor I TT area. Note. This capacity is calculated using the International Building Code standard of 15 sf. per person in a facility where there are tables and chairs. This number will not be exceeded inside or outside the barn. Though the barn may never, or only under exceptional circumstances, have a gathering with this maximum capacity, it will scarcely affect the neighborhood, if at all, because of its isolated location near the center of this 70 acre PZD. Additional note. The hayloft floor is being reinforced so that it conforms to the International Building Code. 9. Start date for construction of the log cabin annexes for Pratt place Inn. Item 15 of the Condition of Approval will read 'The portion of the PZD ordinance pertaining to the proposed innkeeper house shall be valid if all permits to begin construction are issued within three years of the same approval date and the portion of the PZD ordinance pertaining to the proposed log cabins shall be valid if all permits to begin construction are issued within fifteen years of the same approval date." Note. This extended time for the construction of the log cabins is to allow the inn enough time to become a profitable operation and to allow this construction to take place without having to get a bank loan. Certainly we hope to be able to start on the log cabins sooner, but this longer than usual time is requested to avoid our having to go through the PZD process all over again and the time and expense that entails. 10. Vehicular access and egress to Pratt Place Inn. All vehicular traffic (automobile, delivery vans, and garbage pickup) will access and leave Pratt Place Inn via Markham Road. Note. Though the routing for vehicular entrance and egress to Pratt Place Inn is shown on the plat which has been submitted with this PZD application, a number of people have not seen it and are concerned that the inn will generate traffic along Sang Street where it branches south off of Markham. This written description of traffic routing should allay these concerns. Sincerely, Jane and Julian Archer October 24, 2005 Mayor Coody and Members of the City Council Fayetteville City Administration Building Fayetteville, Arkansas 72701 Dear Mayor Coody and Members of the City Council, ul&Lv% of 146&p � qA iAC0 rn 44 Cr'Mots We thank you for your patience in hearing the neighborhood concerns in regard the Pratt Place Inn PZD. We seek to preserve the private, quiet, pastoral and wooded nature of our street and neighborhood and request that any proposed activities not adversely affect our section of Sang Avenue and neighborhood. We are confronted with a proposal of multiple commercial and other uses in our neighborhood and it is possible that such re -zoning may be approved without detail study of the nature of street improvements, need for sidewalks on Markham Avenue to protect U of A track team and pedestrians, sewer infrastructure questions, issues of water pressure in a neighborhood already experiencing low water pressure, increase in traffic on minimal streets, access of fire and emergency equipment, introduction of alcohol sales, restaurant, large events, inventory of existing structures and code conformity, among other issues. First, we suggest that this matter be voted down and then reviewed and studied by planning commission members and staff personnel in order that the owners and public be somewhat better advised as to the probable impact of this development before the lands are re -zoned. Alternatively, if the Council decides to entertain some aspect of the PZD, perhaps you could do so with certain limitations: 1. Bed & Breakfast only ➢ The neighbors living on Sang Avenue could accept the concept of the stated PZD proposal to preserve and restore a historic structure as a seven room inn, an inn- keepers home, 43 automobile parking lot on North slope, two horse barns, single family residence (existing), four new cabins to be constructed in a timely manner. The herein stated Conditions of Approval would also apply. 2. Bed & Breakfast with Restaurant and Alcohol Bar- Limited Hours/Seating ➢ This is NOT acceptable to the neighbors on Sang Avenue. 3. Bed & Breakfast with Restaurant/Alcohol Bar & Horse Party/ Event Barn > This is the most inappropriate proposal. Should the Pratt Place Inn PZD be considered on its merits, in an effort to protect the neighborhood and public, we suggest the attached Conditions of Approval. Please be aware that our suggestions of Conditions of Approval are not to be construed as conceding our interest in seeing the PZD voted down. The number and complexity of the staff and neighbor suggested Conditions of Approval reflect the lack of information on which to approve this request. We thank you for your consideration. Very truly yours, LL • • `.3,f, CONDITIONS OF APPROVAL All traffic associated with commerce on the property shall ingress and egress the property. via Markham Road only. Sang Avenue would not be used for such access. 2. No improvements on Sang Avenue will be initiated in response to the needs of this commercial venture. 3. Any development cost shall be born by the developer and NOT the neighbors. 4. Restaurant/Bar would be restricted to 60 patrons. 5. The restaurant hours will be limited to 7:00 a.m. to 10:00 p.m. 6. Bar hours be limited to state/city authorized opening hours and sales stopped at 10:00 p.m. 7. Events on the property be limited to 7:00 a.m. to 11:00 p.m. weekdays and 7:00 a.m. to midnight on Friday and Saturday. 8. Events in the horse/party/event barn or on the property be limited to four (4) events per month. Total maximum number people at any event on the property be limited to the authorized occupancy number (or lower) as provided by the Code for Places of Public Assembly. 10. Noise from an event on the property shall not be audible at the boundary of the property. 11. No parking shall be permitted on Markham Avenue or Sang Avenue in connection with this commercial venture. 12. Improvements of Markham Avenue would be of minimal visual and environmental impact. Sidewalk to be constructed so as to preserve trees. 13. Establish a viable system for enforcement of state and city codes and these Conditions of Approval with appropriate penalties for non-compliance. 14. That all existing rental cabins shall be removed prior to the opening of the inn. 15. Developer be given a period of 15 years in which to commence construction of the proposed four (4) new cabins. 16. All overhead electric lines shall be relocated underground. All proposed utilities shall be located underground. Taye Wt Mile ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION. CORRESPONDENCE 25 October 2005 Mr. John Williams, FAIA 140 North Sang Avenue Fayetteville, AR 72701 Re: Pratt Place PZD Dear Mr. Williams, 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 This letter is in response to your letter dated September 17, 2005 to Mayor Coody and members of the City Council, in an effort to answer some, if not all, of your posed questions regarding the Pratt Place Planned Zoning District project. Q: Would the increased traffic on Markham Road require it to be widened? A: Staff has discussed this at great length. It is not our intent to recommend street improvements that would destroy the character of this neighborhood. However, it is essential that development in this area be adequately and safely sen'ed by emergency response and service vehicles. There will likely be improvement imposed upon the Archers at the time of development. As staff; we will be recommending these improvements, which at this point indicate at least a 20 foot wide paved driving surface on Markham and improvements to surface drainage. The Planning Commission ultimately makes the decision as to the level of improvements required, at the time of development. Q: Who would pay the cost if it became necessary to widen Markham? A: The developer is required to improve adjacent substandard streets when an impact to the existing infrastructure is expected. This is based on a rational nexus calculation, in which the developer is responsible for a rough proportionality of the anticipated impact. Q: What is the city's position regarding condemnation and eminent domain to acquire private property to extend or widen streets? A: While as a staff member l can no! relay the city's police regarding condemnation, in my experience the City Council has utilized its powers of eminent domain trhea it is necessary for the health, safety' and welfare oft/se public. The City in recent year -s has condemned land for street, highway and water/sewer projects. K: JereV 2003 CorrespondenceWrnicctc ltrail Place - If/hams Lellerdoc Q: RE: 1960 Hotz Addition Sewer/Arkansas Plumbing Code and State Board of Health violation, What is the city's position regarding this? A: You may contact Mr. David Jurgens, Water! Wastewater Director, for more specific information regarding this question. He can be reached at 479-575-8386. In general, it will involve a detailed study of this case, as well as the subject water/sewer lines. The city always strives to obey court orders as directed, and at this point we can only assume that proper measures were taken forty-five years ago to comply with applicable requirements. Again, if you have specific questions, please feel free to contact Mr. Jurgens. Q: What is the City's position and obligations if the new West Side Treatment Plant and construction cost substantially exceed estimates and available budgets? A: A contract was recently approved by the City Council for construction of the new Westside Wastewater Treatment Plant. Detailed information regarding that contract and both the contractor's and City's obligations are available in the City Clerk's office. [ hope this helps to answer your questions, Mr. WIliams. I have attached a copy of your original letter, to which you may refer. Your concerns and questions are appreciated, and are taken into consideration with staffs recommendation and the City Council's decision. If you need further information, please feel free to contact the Planning Division at 479-575-8267. Sincerely, G�- ere Pate it torofCurrent Planning K. Yet ent.02005 Correstxmdencelf'rojectslPrau Place - a4tliams /.eser.doc JC)HN G WILUAMS, FAIA'mentcis'Professordf Archltectjt University of Arkansas Doc#or of ;Arts ar�d `Humane Lett,University.of A'r'kans;as September 17, 2005 -Mayor Coody and Members of the CityCouncil - Payettevitle:Crty Administration Building Fayetteville; Arkansas 7270 l Dear MayorCoody and.Members of the CityCouncil, This letter is regarding the Pratt Place Bed and Breakfast and the sixty -seat Restaurantand Parking t of that are proposed to be built with it! {;would have no objection to a Bed and Breakfast if that were all that is implied, however, a restaurant for -60 people and parking implies much, more. Lhave the following concerns and questions: Wom a cres aMrkham'Roadrequire: it to be widened?. I am against this because it would chant e .the i aer anduali q ty _ the neighborhood along Markham. - :Who' would pay the cost if it became necessary to widen Markham?. lam against the widening or extension of any street that might result from this proposed restaurant. What is the city's posit ou regardtng,condemnatjon and eminent domain to acquire private property to eitfengr widen streets? < in the early the neighbors along Hotz Street and Palmer Avenue sued the'owner of the land along Waldop and Court Street for moving several CCC barrack buildings and placing them along these streets without the required moving permits. In connecting the sewer line for these buildings to the Herz Addition sewer in the manhole at Court and Center- Streets, it. was discovered that the close location between the water and sewer line were in violation of the Arkansas Plumbing Code and,the State Board ofHealth. -Judge Tom Butt instructed Mr. Harold Lieberence of the City Building Inspectors office to insure that this problem be corrected. I do not believe that it has been: .The sewer required for the proposed restaurant. would tie into the Hotz Addition sewer line: _. . Whatis the city's position regarding this? A question concerning all recent and proposed sewer taps: - .What is the City's position and obligations, if the new West Side Treatment Plant and construction cost substantially exceed estimates and available budgets? Based on information that I have recently received I believe that it will. Sincerely PS. Emeritus Architect • Landscape Architect • Consultant, Campus Planning & Energy Conservation in Design 140 North Sang Avenue • .Fayetteville, Arkansas 72701 - (479.)..442-43:17:. • • October 24, 2005 Mayor Coody and Members of the City Council Fayetteville City Administration Building Fayetteville, Arkansas 72701 Dear Mayor Coody and Members of the City Council, We thank you for your patience in hearing the neighborhood concerns in regard the Pratt Place Inn PZD. We seek to preserve the private, quiet, pastoral and wooded nature of our street and neighborhood and request that any proposed activities not adversely affect our section of Sang Avenue and neighborhood. We are confronted with a proposal of multiple commercial and other uses in our neighborhood and it is possible that such re -zoning may be approved without detail study of the nature of street improvements, need for sidewalks on Markham Avenue to protect U of A track team and pedestrians, sewer infrastructure questions, issues of water pressure in a neighborhood already experiencing low water pressure, increase in traffic on minimal streets, access of fire and emergency equipment, introduction of alcohol sales, restaurant, large events, inventory of existing structures and code conformity, among other issues. First, we suggest that this matter be voted down and then reviewed and studied by planning commission members and staff personnel in order that the owners and public be somewhat better advised as to the probable impact of this development before the lands are re -zoned. Alternatively, if the Council decides to entertain some aspect of the PZD, perhaps you could do so with certain limitations: 1. Bed & Breakfast only i The neighbors living on Sang Avenue could accept the concept of the stated PZP proposal to preserve and restore a historic structure as a seven room inn an inn- keepers home, 43 automobile parking lot on North slope, two horse barns, single family residence (existing), four new cabins to be constructed in a timely manner. The herein stated Conditions of Approval would also apply. 2. Bed & Breakfast with Restaurant and Alcohol Bar- Limited Hours/Seating ➢ This is NOT acceptable to the neighbors on Sang Avenue. 3. Bed & Breakfast with Restaurant/Alcohol Bar & Horse Party/ Event Barn This is the most inappropriate proposal. Should the Pratt Place Inn PZD be considered on its merits, in an effort to protect the neighborhood and public, we suggest the attached Conditions of Approval. Please he aware that our suggestions of Conditions of Approval are not to be construed as conceding our interest in seeing the PZD voted down. The number and complexity of the staff and neighbor suggested Conditions of Approval reflect the lack of information on which to approve this request. We thank you for your consideration. Very truly yours, ,,/.�i�-tom (.•-��-t��-tJ�r� 71� 72 CONDITIONS OF APPROVAL All traffic associated with commerce on the property shall ingress and egress the property via Markham Road only. Sang Avenue would not be used for such access. 2. No improvements on Sang Avenue will be initiated in response to the needs of this commercial venture. 3. Any development cost shall be born by the developer and NOT the neighbors. 4. Restaurant/Bar would be restricted to 60 patrons. 5. The restaurant hours will be limited to 7:00 a.m. to 10:00 p.m. 6. Bar hours be limited to state/city authorized opening hours and sales stopped at 10:00 p.m. Events on the property be limited to 7:00 a.m. to 11:00 p.m. weekdays and 7:00 a.m. to midnight on Friday and Saturday. 8. Events in the horse/party/event barn or on the property be limited to four (4) events per month. 9. Total maximum number people at any event on the property be limited to the authorized occupancy number (or lower) as provided by the Code for Places of Public Assembly. 10. Noise from an event on the property shall not be audible at the boundary of the property. 11. No parking shall be permitted on Markham Avenue or Sang Avenue in connection with this commercial venture. 12. Improvements of Markham Avenue would be of minimal visual and environmental impact. Sidewalk to be constructed so as to preserve trees. 13. Establish a viable system for enforcement of state and city codes and these Conditions of Approval with appropriate penalties for non-compliance. 14. That all existing rental cabins shall be removed prior to the opening of the inn. 15. Developer be given a period of 15 years in which to commence construction of the proposed four (4) new cabins. 16. All overhead electric lines shall be relocated underground. All proposed utilities shall be located underground. From: Clarice Pearman To: Pate, Jeremy Date: 11/14/05 5:30PM Subject: Ord. 4786 Jeremy, Attached is a copy of the above ordinance passed by City Council, November 1, 2005. CC: Bell, Peggy; Deaton, Vicki; GIS 11/12/2005 ,05:21 5152434009• .-t ?r* T1ow tp�ed November 14, 2005 To the mayor and members of -the Fayetteville city council: We want to thank you for yoursupport of the Pratt Place Inn project. It is a decision you will not regret and it will be an enormous asset to Fayetteville of which we all can -be proud. The Inn is guaranteed to bring a great deal of enjoyment to those who go there from the moment they enter the lovely enclave. A few comments on the approval process itself: Though we were unable to attend any of the city council meetings, we did get lengthy telephone reports. We were struck by how much of the council's time during this process was taken up by drawn out, repetitive, and sometimes irrelevant testimony. It seems to us that in the interest of effective government and out of respect for the time of the mayor, the council, the other participants, and.the audience that everyone's speaking time be limited. The one person who should be allowed more flexibility is the person(s) or spokesperson forthe person(s) making the proposal, so he or she can answer questions and address or elaborate on points made by the audience. This seems compelling since that is the only person in the room thoroughly familiar with the proposal and its ramifications and therefore able to clarify issues -that really need clarification. We would not wish to see the fast track PZD option tossed out altogether because of your experience with our proposal. The fast track option can save the project proposer tens of thousandsof dollars in engineering fees alone should the. proposal ultimately be rejected by the city council. Sincerely, J Arche� Jane Archer PAGE 02 ttflT',.i i IJi1 iit$N..ii r":=..' is'te41 "Nortiuvest Arkaitsn'Most Wider Read Newspaper" AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal 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: UA(d1./l/1 /2( ") •--l`I0 fO was inserted in the regular editions on goo PO# ** Publication Charge: $ 4 @t Q3 Subscribed and sworn to before me this #9 day of QLi' flu frDfiit) , 2005. �lyit�41 ail t 0 Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. P.O. BOX 1607 • 212 N. EAST AVENUE • FAVETTEVILLE. ARKANSAS 72701 • 479-571-6470 COMMERCIAL D C-PZD 05- i nc urnuAL 4ONING MAP OF THE CITY OF FAYET- / ARKANSAS TEVILLE; AND ADOPTING THE ASSOCIATED MAS- TER DEVELOPMENT PLAN BB IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYBTTEVULLE, ARICAIISA& Section 1: That the zone classlflcetbn of the foloW4g described Property is hereby Changed as folovs: From RSF-4, Rantal Single FarAy, 4 units per acre and R•A, Rosldentis Agrk4lural, to C-PZD 05• 1670 as slwlm in Eitiba 'A' attached hereto and made open hemaof. Section 2: That the change n zortlng Cessmcation Is based upon the apTx W master tlasbpment plan. d&elopnlern standards, statenant. of Wmnianants and Wrgitana of apfwv as Pionat ed. detennned approprate and approved by the City CoLnct. Section 3: That this orrfnanco shall take effect and ben kA force at such Wno as of of the requ amens of the master develop'nont plan have been net. 4: That the official zonvlg map of the City of FayetteWle, Arker sas,s hereby amended to reflect the zonin g change provided in Section 1 above. PASSED and APPROVED Ina 1st day of November, 2005. APPROVED: By: DAN COODY, Mayor ATTEST E) HIBIT'At TRACT 1: C-PZD 05.1670 PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST. WASHINGTON COUNTY ARKANSAS. DESCRIBED AS FOLLOWS: TEN AT THE SOUTH EAST CO RN ER OF THE SOUTHWEST QUARTER OF SND NORTHWEST (SW 1/4 OF THE NW 1/41. THFur•c Cr,,rru on, .. __-- OF SAID SW 1/4 OF THE NW 1/4 SIXTH 330,00 FEET TO THE POINT OF BEGINNING AND RUN THENCE ALONG SAID SOUTH LINE SOUTH 880 58' 47' WEST 986.40 FEET TO THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE NORTH 00? 03 33' EAST ALONG THE WEST UNE OF SAID SW 1/4 OF THE NW 1/4 1321.91 FEET TO THE NORTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4 THENCE NORTH 00° Ri' 33' EAST ALONG THE. WEST UNE OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 17, 660.0 FEET; THENCE NORTH 88° 58' 47' EAST 660,00 FEET,, THENCE SOUTH 00° 03' 33' WEST 132.00 FEET, THENCE NORTH. 88°58' 47° EAST 66000 FEET TO THE EAST LINE OF SAID NW 1/4 OF THE NW 1/4 THENCE NORTH 00°03'33° EAST ALONG SAID EAST UNE 112.00 FEET, THENCE NORTH 88°:58' 47' EAST 480.00 FEET; THENCE SOUTH 00° 03' 33' WEST 640.00 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NW 1/4ME • 1/4 OF THE NW 1/4) OF SAID SECTION 17; THENCE,SOUTH 8g° 591'47' WEST ALONG SAID SOUTH UNE 480.00 FEET TO THE SOUTH- EST, CORNER OF SAID NE 1/4 OF THE NW 1/4 THENCE SOUTH 00°03'33' WEST ALONG THE WEST UNE OF THE SOUTH EAST QUARTER OF THEHE 1/4 (SE 1/4 OF THE FM 1/4) OF 6ND BECKON 17. 20.00 FEET; THENCEOORTH 88' 58' 47° EAST 400.00 FEET; THENCE SOUTH 6022 44' WEST^222.40 FEET; THENCE SOUlA 40° 35' 44' WEST 113.90 FEET THENCE SOUTH 58° 40' 00° WEST 213.70 FEET; THENCE SOUTH 22° 33' 00° WEST 247.04 FEET THENCE SOUTH 88° 58' 47' WEST 27.75 FEET TO THE WEST UNE OF SAID SE 1/4 OF THE NW 1/4; THENCE SOUTH 00. 0333• WEST ALONG SAID WEST UNE 16:96 FEET,' THENCE SOUTH as, 58' 47' WEST 266.80 FEET; THENCE NORTH 00.03' 33' EAST 115.00 FEET; THENCE SOUTH 88. 58' 47' WEST 270.00; THENCE SIXTH 00°03' 33' WEST 270.00 FEET; THENCE NORTH 88. 58' 47' EAST 95.00 FEET THENCE 50(10100.03 33' WEST 100.00 FEET THENCE NORTH 88' 58' 47' FAST 100.00 FEET THENCE NORTH 00° 03' 33o EAST 100.00 FEET; THENCE.NORTIi BB° 58' 4]' EAST 75.00 FEET THENCE NORTH 00° IXi' 33' EAST 105.00 FEET THENCE NORTH BB° 58' 47' EAST 266.80 FEET TO THE EAST UNE OF SAID SW 1/4 OF THE NW.1/4.; THENCE SOUTH 00° 03' 33' WEST ALONG SAID EAST UNE 265.0FEET; THENCE SOUTH 9B°58' 47' WEST 330.00 FEET THENCE SOUTH 0303 33' WEST 329.00 FEET TO THE PONT OF BEGINNING CONTAINING 83.86 ACRES, MORE OR LESS, PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE1/4 OF THE NW 1/4) OF SECTION 17, TOWNSHIP 16 NORTH: RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SE 1/4 OF THE NW 1/4; THENCE NORTH 00° 03' 33" EAST ALONG THE WEST UNE OF SAID SE•1/4 OFTHE NW 114 660.00 FEET THENCE NORTH 88° 5847" EAST. 317.00 FEET TO THE WEST UNE OF PRATT WOODS SUBDMSION AS SHOWN IN PLAT RECORD 12-48 OF THE RECORDS OF THE CIRCUIT CLERK D.E%-0FFICIO RECORDER OF WASHINGTON COUNTY; THENCE ALONG SAID WEST UNE OF PRATT WOODS SUBDIVISION NORTH 00° 13' 25' EAST 305.20 FEET TO THE POINT OF BEGINNING AND RUN THENCE NORTH.00' 1325' EAST 34,10 FEET TO A ROAD, THENCE WITH THE EAST UNE OF SAID ROAD NORTH 38' 3C' 00° EAST 113.9 FEET THENCE NORTH 4° 21' 00' EAST 222.40 TO A FENCE ALONG THE SOUTH SIDE OF MARKHAM ROAD; THENCE NORTH 88° 5847° EFEET 13A0 FEET TO THE EAST UNE OF SAID SE 114:OF THE NW 1/4; THENCE ALONGSAID EAST UNE SOUTH 00° 47' 51' WEST 256.21 FEET TO THE NORTH UNE OF PRATT WOODS SUBDMSION, THENCE ALONG SND NORTH UNE THE FOLLOWING SOTEEN. COURSES: THENCE NORTH 41° 17' 57° WEST .76.18 FEET THENCE NORTH 59°138' 40' WEST 64.85 FEET THENCE NORTH 80° 31' 33' WEST 777:144 FEET THENCE NORTH 51° 01' 58° WEST 34.56 FEET, THENCE SOUTH 84° 18' 57" WEST 48.85 FEET THENCE SOUTH 82° 23' 46' WEST 82.89 FEET THENCE SOUTH 28° 24' 54' WEST 56.24 FEET; THENCE NORTH 64° 38'' 35 WEST 64.07 FEET THENCE SOUTH 65° 26' 22" WEST 110.16 FEET THENCE NORTH 72° 48' 32' WEST 57.76 FEET THENCE SOUTH 68° 24' 25' WEST 110.51 FEET, THENCE SOUTH 82° 35' 13' WEST 72.06 FEET THENCE SOUTH 72° 12' 26° WEST 67.51 FEET THENCE SOUTH 2/° 34. 06° WEST 54.77 FEET; THENCE SOUTH 85° 05' 37' WEST 70.39 FEET, THENCE SOUTH 70° 56' 40' WEST 80.54 FEET TO THE POINT OF BEGINNING. CONTAINING 4.57 ACRES, MORE OR LESS. .c 'wn Incbbl w I ER OF THE NORTHWEST QUARTER ME 1/4OF THE NW 1/4) OF 4 17, TOWNSHIP 16 NORTH, RANGE 30 WEST WASHINGTON COUNTY, ARKANSAS, BED AS FOLLOWS: NCE AT THE SOUTHEAST CORNER OF SAID NE 1/4 OF THE NW 1/4 , THENCE NORTH ₹ET THENCE WEST 499.65 FEET TO THE EAST RIGHT OF WAY UNE OF CROSS AVENUE; SOUTH ALONG SAID EAST RIGHT OF WAY UNE 320.00 FEET THENCE EAST 499.65 FEET POINT OF BEGINNING, CONTAINING 3.67 ACRES, MORE OR LESS - w August 5, 2005 Pratt Place Inn PZD Request The property and houses for which I am requesting rezoning, long known as Pratt Place, were purchased by my grandfather Cassius Pratt in 1900 and have been in the family ever since. The main structure, 2231 Markham Road, could be described as farmhouse Victorian and has almost 5,000 square feet of living space. It is in very poor condition, with crumbling foundation, cracked and falling plaster, leaking roof, and lacks central heat and air and insulation. Nonetheless, the main part of the structure has some fine features such as large parlors, twelve -foot high wooden ceilings, spacious bedrooms, fine hardwood floors, and is located in a beautiful, isolated setting. Its architectural character and the contributions to Fayetteville by Pratt family members have enabled this house to be placed on the Arkansas Register of Historic Places. The purpose of this request for PZD rezoning is to allow me to make it financially feasible to restore Pratt Place by turning it into an outstanding inn with dining facilities. It is totally impractical to go to the effort and expense of restoring the, existing 5,000 square foot house and then use it as a single-family rental property or a caretaker's house. The plan is to tear off the additions to the house, move the core structure off the foundation, dig a full basement, and place the house over the basement; then build where the additions stood an extension with additional bedrooms, a sixty seat dining area, and a restaurant kitchen. The inn would have seven guest rooms, each with a king size bed. The restaurant will be a one -of -a -kind establishment. In addition, the residence currently adjacent to Pratt Place, 2230 Markham Road, would be demolished and rebuilt as a residence for the innkeeper. The creation of an inn at 2231 Markham would not affect any surrounding properties because there are no surrounding residences or properties in the usual sense. I own all of the surrounding parcels, the. nearest neighbor being over 500 feet distant. The house is not visible from any neighbor's house or yard in summer or winter. Traffic impact will be limited because once the inn is built a number of rental cabins that are scattered around the property will be demolished. The nearest house passed by someone driving to Pratt Place Inn is 1655 Markham, 1300 feet away. As for parking, there is adequate space to the north of 2231 Markham which is not in sight of any neighbor's property, not even the tops of the cars. Signage would consist of a small sign no more than 2' x 3' at the intersection of Cross and Markham, a sign no more than 2' x 3' attached to the Archer signpost at the intersection of Sang and Markham, and then one no more than 3' x 5' at the west end of Markham Road. All signs would be on Archer property and none would be visible from any neighbor's residence. 0 STATEMENT OF COMMITMENTS — PRATT PLACE PZD Dedication This PZD will include the construction of an 8" waterline, as well as an 8" sanitary sewer. Both of these utilities will be built to theCity of Fayetteville standards, and upon completion will be dedicated to the city along with all necessary utility and access easements. On or off site improvements A majority of the utilities will be constructed on site. The small portion of the utilities which will be offsite will lie within street right-of-way, or in areas where there are existing easements. All utilities will be constructed at the same time as the Inn. Natural Resources Tree preservation is an integral part of this project. The main principle of the development is to maintain the atmosphere of rural Arkansas in the heart of Fayetteville. A large portion of the site will remain undeveloped, and care has been taken to plan roads, buildings and parking lots in areas where trees are the least abundant. Project Phasing Restrictions The initial phase will include the construction of the Inn, all utilities, parking lots, and associated access and egress. A future phase will consist of the construction of four rustic cabins on the property. This phase will be constructed when or if the owners -deem it financially feasible. Fire Protection Fire protection will be provided in two ways. First, there will be a hydrant located near the [nn and innkeeper's residence. The Inn will also be served by an internal fire suppression system system. These measures will be in place, tested, and functioning before the Inn will open its doors. Other Commitments as Imposed by the City To be determined. Parks/Trails/Open Space Commitments There are no parks or proposed trails within the limits of this PZD according to the Alternative Transportation and Trails master Plan. Proposed Preliminary Building Elevations Elevations will be submitted by the architect. r.iT-> 1•Z^'rf v `✓^1`\1 rZ♦ ••� 1-�I u Xa'f ♦ T'FrV_��tl1al' S '•. )G`` 4- < L� �,1[. r, Ji f '. cJ if > pryer ✓�.,r P a - • ,. y�1�'1 lr + Itr[.l iA lr� i 1 A r i�vr & F • . wr==rte-' r. .-�_i,. 5 rar—�K�y YS 41.�- mss- - `-rY' r a•r ,. ♦l) - wfGy1a rC{/ 1 .. -at a i \f��y " Ito _.rte �.,^ ._ ,r ' , j \ nl F� [ -�LL{p •fir r(� I -L ..J; -. • t V') �` i 1 `1 miff �, A _ a LiV�aV , , rtl r! (.. u '\ : •, �V -1 . ' .. I 2f•I� O'lr J" ..' f�r'i- L.73' ) C - .. ` i r r J-��� • ''/)� It �"- -Y 1 ✓.r v I! v •a. 1", �14�)e I• T_ jam: r t, .."_ i. . y I 1(��( Y/J tk 1 LLL i .gym I@/29/2@05 05:12 5152434089 • ARO ER PAGE @2 October 30, 2005 To the members of the Fayetteville City Council; With all due respect to the mayor, we deny unequivocally that we stated anything in the 2002 Bill of Assurance for the barn and pastures or during the hearings before the city council about not holding events in the barn, contrary to his assertion at the council meeting on October 18 that we did make such a statement; nor did we so much as think it since it hadn't occurred to us that the barn would be used for anything other than stabling horses and our own social entertaining such as barn dances and black tie dinner parties with the horses in attendance. After one of the contractors who worked. on the barn asked if his daughter could be married there, several people asked to use it for a wedding, and then we offered it to some non-profit organizations, especially given that there were not yet any horses on the premises. Since having occasional events there has not inconvenienced or harmed anyone (except on one occasion when traffic was backed up on Markham due to slow valet parking in the pasture), a few questionable complaints to the contrary notwithstanding, we are baffled as to why such a wonderful place has come under attack. It never has —in its short existenceposeda threat to the safety of people attending gatherings there (according to a thorough engineering study we commissioned, any 10'x12' space in the hayloft will support 4,400 pounds, or twenty-two 200 pound persons), but to allay the fears of anyone concerned about safety there, we are reinforcing the haylofts to satisfy the International Building Code standard of 12,000 pounds for a 10'x12' space, or sixty 200 pound bodies). It is astonishing why anyone would attempt to impugn our honesty in public without first checking the appropriate sources. _iqcerely, Jane an Julian Archer 10/29/2005 05:28 5152434089 .• ARCHER PAGE 01 FAX COVER SHEET FROM FAX NO. (515) 246-1427 •DATE TO: _ f COMPANY OR GROUP C ADDRESS CI`ITY, STATE & ZIP. &' ,DJ FAX TEL NO. L �% tZ� FROM: JANE OR JULIAN ARCHER 402 29TH STREET DES MOINES,IOWA 50312 USA TELEPHONE NO. (515) 243-4089 FAX NO. (515) 246-1427 SPECIAL INSTRUCTIONS: t4Yw'?'7e z2?P / NUMBER OF PAGES INCLUDING COVER PAGE 10/29/2005 05:28 51524 34 @89 0 ARCHER • PAGE 02 To the mayor and members of the Fayetteville city council: October 30, 2005 We know you must be tired of this seemingly endless stream of letters from us, but we are trying to respond to issues as they arise. Oddly enough, after nine months of dialogue and meetings and our accommodations to many of the neighborhood concerns, the hilltop residents of Sang Avenue have hit us in the last few days with a fresh set of demands. Some of the issues they raise in the letter of October 24 are valid, such as water pressure in the area west of Razorback, or street improvements and sidewalks which are sorely needed in the residential areas of lower Markham, Hotz, Palmer, Center Streets, etc., but these are issues that will require years, if not decades, of study and remedy and cannot be solved in the debate over the Pratt Place PZD. Why in the world were the council and we were not asked to determine the impact on global warming or gasoline prices of people driving long distances to the Pratt Place Inn? It seems to us that the October 24 letter is an attempt to put before the council many huge issues of the type that can be addressed only in a 2020 plan, thus shifting the focus from a 70 acre PZD. Interestingly, we had already written and sent to Jeremy Pate our own list of PZO "modifications" before we had even heard of or seen the Sang Street letter and "Conditions of Approval." Our modifications and elaborations were drawn up in light of concerns voiced at the October 18 council meeting and essentially mirror their "Conditions of Approval." In reference to the October 24 letter and "Conditions of Approval" from residents on Sang Street, their attempts to seize the moral high ground rest solely on our efforts. accomplishments, and decisions: not theirs. For example, their remark, "We seek to preserve the private, quiet, pastoral and wooded nature of our street, ... etc." are characteristics of the street attributable entirely to us and our property, in contrast to their contributions which number zero, and we have never done anything to adversely affect Sang and the neighborhood. We have done many things to improve Sang, however, which we have repeated ad nauseam, from planting rows of sycamore trees beside the road, smoothing the jagged sides of the ditches alongside Markham and Sang, putting all utility lines underground, and building a wooden horse fence along the road, all of which have gone, we repeat, toward preserving= enhancing the' private, quiet, pastoral and wooded nature of our street,... etc." And because our desire is. as always, to preserve the above -described character of the street (synonymous with our property), we reject the suggestion of a sidewalk on the wooded part of Markham. Both John McDonnell and Kelly O'Mera have expressed unqualified support for the PZD and have not indicated any fear for the safety of their runners. If approval of the inn were to trigger any possibility of a sidewalk on the wooded section of Markham, rather than despoil the rural character of that beautiful rustic setting, we would either withdraw our PZD proposal or. with great sadness and regret, bar the track teams from using the Pratt Place trails. 10/29/2005 05:28 5152434089 ARCHER Rr It is worth noting that the signatories to this letter who lived there when the Alitel cell tower went in (all but one) were opposed to putting the utility lines underground when SWEPCO required it of all of us at our suggestion. The reason: they didn't want to pay for their small portion, even though we paid the lion's share. Could it be that putting overhead electric lines... underground ° should be required only when we pay for it, as per item 16 in their Conditions of Approval? We were the only ones who did not fight SWEPCO's request (not surprisingly, since the idea came from us), since it greatly improved the appearance of the neighborhood. The lines were put underground and everyone paid his fair share. But some of these folks never spoke to us again and some have never forgiven us for it, and this may be the genesis of their opposition to the Pratt Place Inn —payback time perchance? Only one person in the neighborhood has ever even acknowledged, let alone expressed appreciation for, the considerable improvements we have made along Sang and Markham at our own expense and by our own labor for all —that is, these very signatories to the Oct. 24 letter and their "Conditions of Approval") to enjoy. But in spite of our unilateral preservation accomplishments, after we presented our Pratt Place Inn proposal to the University Heights Neighborhood Assn. last February. we came under relentless verbal assault by these neighbors as purveyors of degradation and destruction of the very enclave of natural beauty and tranquility that we and our progenitors alone are responsible for preserving and enhancing over the past 105 years. What we regret most in making the Pratt Place Inn proposal is that, as a consequence, we have become targets of baseless and outrageous public insults and innuendos from some of these neighbors, which has placed us in the uncomfortable position of having to pat ourselves on the back in order to defend ourselves and bring truth to the table. Their letter and conditions are presumptuous and bordering on fantasy, as they are asking that we be denied the only low -impact use that can make PrattPlace financially viable. In effect; they are demanding that we continue to absorb the entire burden of preserving the" private, quiet, pastoral and wooded nature of our street and neighborhood" without any financial contribution from Pratt Place itself. The demands and restrictions in their "Conditions", nearly all of them either unnecessary or already in place or in the pipeline, are with a few exceptions, constraints that we can accept. However, the request for a "detailed study- and non -approval by the council and starting. all over again by sending this to the Planning Commission after our having gone through the council's new PZD approval process, would render the inn a non-starter for us. Perhaps it can't be repeated often enough, these folks have done nothing to enhance the neighborhood, even as they have taken for granted and benefited from our prodigious generosity in voluntarily effecting neighborhood improvements for all of them —not just ourselves —to enjoy. If these folks were written into the manuscript of a novel, the editors would turn it down as exaggerated and unrealistic. They would probably advise the novelist that people are not really like that; you have to make them. credible, Rigidity devoid of a flexible approach to unusual and exceptional circumstances can do harm to constituencies public servants are mandated to serve in beneficial ways. The Pratt Place Inn proposal is a classic case in point. Here you have a potential asset that could only benefit Fayetteville without causing genuine grief of any kind to the neighbors. This would be the sort of place people would drive a long distance out of 10/29/20@5 05:28 5152434089 ARCHER PAGE 05 • • CONDITIONS -OF APPROVAL (Accompanying the Sane Street residents' letter of October 24) 1. All traffic associated with commerce on the property shall ingress and egress the property via Markham Road only. Sang Avenue would not be used for such access. Answered by item # 10 of our "modifications." 10. Vehicular ingress and egress for Pratt Place Inn. All vehicular traffic (automobile, delivery vans, and garbage pickup) will access and leave Pratt Place Inn via Markham Road. Note. Though the routing for vehicular ingress and egress for Pratt Place Inn is shown on the plat which has been submitted with this PZD application, a number of people have not seen it and are concerned that the inn will generate traffic along Sang Street where it branches south off of Markham. The above description of traffic routing should allay these concerns. The layout of Pratt Place would make it all but impossible to access either the inn or the barn from Sang. 2. No improvements on Sang Avenue will be initiated in response to the needs of this commercial venture. No Sang Avenue improvements are contained in the Pratt Place Inn PZD proposal and none have been proposed by the Planning Division. 3. Any development cost shall be born (sic) by the developer and NOT the neighbors. Neither we nor the Planning Division have proposed that any cost be borne by Sang Avenue residents 4. Restaurant/Bar would be restricted to 60 patrons. Answered by item #2 of our "modifications." 2 Pratt Place Inn restaurant capacity. The Pratt Place Inn restaurant capacity is sixty (60) persons total, regardless of where the restaurant patrons are seated. Note. This wording is used to address the concerns of those who fear the capacity will exceed sixty because of the possibility of people dining on the porch. 10/29/2005 05:28 5152434089 ARCHER PAGE 06 • • 5. The restaurant hours will be limited to 7:00 a.m. to 10:00 p.m. Answered by item #1 of our'modifications." 1. Hours of operation of the Pratt Place Inn restaurant. The Pratt Place Inn restaurant is authorized to be open from 7:00 a.m. until 12:00 a.m Monday through Sunday. Note: These hours are not necessarily the hours that the restaurant will function, just the hours that it is authorized to function. The 10:00 p.m. obligatory closing is too restrictive in that there may be days or occasions when the restaurant needs to stay open later. Furthermore, this will not be the kind of restaurant to which patrons go for a quick meal, but rather a genteel establishment where guests will take great pleasure in lingering over an unforgettable multi -course, gastronomic, adventure without the pressure to hurry up and finish because of an unreasonable closing time. Fayetteville needs an outstanding place like this also to serve people who would like to dine after the theatre, concerts, ball games, etc. 6. Bar hours be limited to state/city authorized opening hours and sales stopped at 10:00 p.m. Answered above and by item #3 of our "modifications." 3. Service of alcoholic beverages. The Pratt Place Inn restaurant and/or bar will not sell alcoholic beverages after 12:00 a.m. Monday through Saturday. Sunday sale of alcoholic beverages will be the hours authorized by the City of Fayetteville, currently 12:00 p.m. to 10:00 p.m. Note. The Monday through Saturday hours are a reduction from the 2:00 a.m. closing currently authorized by the City of Fayetteville 7. Events on the property be limited to 7:00 a.m. to 11:00 p.m. weekdays and 7:00 a.m. to midnight on Friday and Saturday. Answered by item #6 of our "modifications." 7. Closing time for a gathering/event at the Pratt Place barn. Any gathering/event at the Pratt Place barn must end by 2:00 a.m. Note. We have stated that no alcoholic beverages will be served in the barn after 12:00 a.m., but there may be occasions when people want to stay on and talk or dance after 12:00 a.m. and they should be allowed the freedom to do so since it will cause no disturbance to the neighborhood. However, --and we want to emphasize this-- the barn is, above all, for horses. Any gatherings of people held there will be strictly private, by invitation or arrangement with the Archers, and therefore not open to the public. 10/29/2005 05:28 5152434089 C PAGE 07 8. Events in the horse/party/event barn or on the property be limited to four (4) events per month. - Answered by item #4 of our "modifications." 4. Number of gatherings/events per month at the Pratt Place barn. There will be no more than five (5) gatherings/events per month at the Pratt Place barn (2255 West Markham Road). Note. Whether the number of gatherings is set at four or five is not really a great issue for us and shouldn't be for the neighbors either. 9. Total maximum number people at any event on the property be limited to the authorized occupancy number (or lower) as provided by the Code for Places of Public Assembly. There has never been any question of occupancy other than that which is authorized by the pertinent code. Answered by item #8 of our "modifications" 8. Pratt Place barn capacity. The capacity of the Pratt Place barn is 376 persons, 144 for the hayloft area and 232 for the floor area. Note. This capacity is calculated using the International Building Code standard of 15 sf. per person in a facility where there are tables and chairs. This number will not be exceeded inside or outside the barn. Though the barn may never, or only under exceptional circumstances, have a gathering with this maximum capacity, it will scarcely affect the neighborhood, if at all, because of its isolated location near the center of this 70 acre PZD. Additional note. The hayloft floor never has posed a threat to the safety of people attending gatherings there (according to a thorough engineering study we commissioned, any 10'x12' space in the hayloft will support 4,400 pounds, or twenty-two 200 pound persons), but to allay the fears of anyone concerned about safety there, we are reinforcing the haylofts to satisfy the International Building Code standard of 12,000 pounds for a 10'x12' space, or sixty 200 pound bodies). 10. Noise from an event on the property shall not be audible at the boundary of the property. This question has been answered by us on many occasions starting with our request in our letter of February 25, 2005, to the neighbors that any noises be reported to us or our overseer (telephone numbers provided). No one has called. We stated in our PZD application that no amplified music will be permitted outdoors, as reflected in item 4 of the Planning Division's Conditions of Approval. In addition, the council has heard from numerous people that.we have had the sound monitored to ensure that it is not audible to neighbors. 1@/29/2@05 05:28 5152434089 • ARCHER I PAGE 08 11. No parking shall be permitted on Markham Avenue or Sang Avenue in connection with this commercial venture. This never has been an issue in that from the beginning it has been stated that all parking would be provided within the PZD. 12. Improvements of Markham Avenue (sic) would be of minimal visual and environmental impact. Sidewalk to be constructed so as to preserve trees. We agree that the Markham improvements should be of minimal visual and environmental impact and, therefore, we oppose the idea of a sidewalk. Just as the Sang Avenue residents in their letter of October 24 "seek to preserve the ... pastoral and wooded nature" of their street, we, too, wish the same for the non- residential portion of Markham Road. 13. Establish a viable system for enforcement of state and city codes and these Conditions of Approval with appropriate penalties for non-compliance. As we understand it, a system already exists and it is not legal to have a separate standard and penalties for one particular establishment. 144 That all existing rental cabins shall be removed prior to the opening of the inn. This is an effort at direct property management by neighbors. We have stated on a number of occasions which structures will be demolished prior to opening the inn. The only remaining cabins will be what we call the Twin Cabins just beside our residence (2115 Markham —the Log House) which we intend to keep as a play houses for our grandchildren, and the Oak Cabin (2248 Markham), not visible to anyone, which we will continue to rent to its longtime occupant because it is a haven that assures her financial and mental stability. 15. Developer be given a period of 15 years in which to commence construction of the proposed four (4) new cabins. This supports our proposal to modify the Condition of Approval item 15 to read "The portion of the PZD ordinance pertaining to the proposed innkeeper house shall be valid if all permits to begin construction are issued within three years of the same approval date and the portion of the PZD ordinance pertaining to the proposed log cabins shall be valid if all permits to begin construction are issued within fifteen years of the same approval date." 16. All overhead electric lines shall be relocated underground. All proposed utilities shall be located underground. THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Si. Faycueville. AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: Mayor Dan Coody and City Council From: Jeremy Pate, Director of Current Planning Date: October 31, 2005 Subject: Pratt Place Commercial Planned Zoning District The. City Council has directed staff to prepare a list of additional conditions of approval to be considered as part of the Pratt Place Commercial Planned Zoning District. A letter from some of the property owners in this neighborhood and a letter from the applicant has been submitted, each recommending conditions of approval for this project. Staff recommends the Pratt Place Planned Zoning District be amended to add the following conditions: I) Hours of operation: Pratt Place Inn restaurant and "barn" hours as utilized for private or public events shall be from 7:00 am until 12:00 am, seven days per week. 2) Restaurant capacity: The proposed restaurant shall have a seating capacity of no more than 60 dining seats, including indoors, the porch and any outdoor patios/decks, as presented in the proposed Planned Zoning District. 3) Number of gatherings/events for assembly: No more than four (4) gatherings/events per month shall be permitted at the Pratt Place Barn (2255 West Markham Road), Inn, restaurant or elsewhere on the subject property. Noncompliance with this condition shall constitute a violation of the zoning ordinance established with this Planned Zoning District. 4) Barn occupancy and capacity: The barn shall be inspected by the appropriate City officials and all necessary work (electrical, ingress/egress, structural, etc.) completed to bring it into compliance for the intended assembly occupancy prior to submittal of a large scale development for the Pratt Place Inn. Capacity shall be determined by current city codes. The applicant at this time indicates an anticipated capacity of 376 persons for the barn, though the current building code will ultimately determine that ratio. 5) Vehicular ingress/egress: Access to the Pratt Place Inn, restaurant and barn, including guests, service vehicles, solid waste, etc., shall be from Markham Road, as indicated in the proposed PZD. At this time, access shall be restricted from Sang Avenue. 6) Existing structures: The following structures shall be demolished/removed prior to issuance of a Certificate of Occupancy for the proposed inn/restaurant: • 2154 Evangeline Lane (Walnut House) ...utilizes septic tank • 2222 Evangeline Lane (Ravine flouse)...utilizes septic tank • 2371 W. Markham Road...not on septic or sewer • 2375 W. Markham Road...not on septic or sewer • 2379 W. Markham Road...not on septic or sewer K:Ideremy12005 Correcpondencetlnternal dfe,noviPrau Place Additional Conditioncdoc 0 The boundaries of this PZD have been drawn so as to include not only the land on which the inn itself sits, but surrounding parcels where associated activity will or may take place as the case may be. This includes extensive access and egress roadway, the adjacent land, and a very isolated and detached parking area. It also incorporates the residence at 2148 Markham Road which since 1980 has been a rental property. Because of the quality of the structure and its choice location, when the inn opens it will be a residencehetreat available for rent by the day as a cottage adjunct to the inn with its own parking. Also incorporated in the PZD will be our residence at 2115 Markham, though that will continue just as it is — a private residence.. The PZD contains two fenced pasture and barn areas zoned Al under City of Fayetteville Ordinance No. 4392 which will continue to be pasture and barn areas. These are for horses and perhaps other animals. The new barn (2255 Markham), built in 2002-2004, was designed with the possibility of our holding barn dances and/or dinner parties or other social events there. We also saw it as a good occasional meeting place for groups we support such as the North Arkansas Jazz Society, the U. of A. Alumni Office or Development Office, the Ozark Society, and my Fayetteville High School class for its reunions. Its ambience is such that it has attracted interest as a place to commit matrimony, starting with the daughter of one of the barn's building contractors. Consequently, it will, in addition to being a horse barn, serve the inn as an adjunct space (once cleaned and hosed down inside) for dinners, receptions, and weddings. This barn is a substantial structure with insulated roof and walls capable of containing whatever noise may be generated inside. Since events in the barn would be intermittent rather than continuous (that is, it would not be open on a daily basis, but only by advance reservation), there is no need for a permanent parking area. There is more than sufficient parking space in the pasture. It should be noted that no amplified music will be permitted outdoors anywhere in the PZD. Once the inn is operational, most of the old camp cabins of the Markham Camp of the 1920s and 1930s will be tom down. If the inn is a financial success, someday we would like to bring in two, three, or four authentic log cabins, reassemble them back in the woods on parcel 765-14548-000, provide them with modem comfort and convenience on the inside while keeping a thoroughly rustic appearance on the outside. These cabins would be handled in the same manner as 2148 Markham; that is, a residence/retreat rented by the day. The cabins would accommodate no more than two to four adults each. A tennis court and a swimming pool will be built in the vicinity of 2231 Markham. A 2" water tap already serves 2231 Markham. For fire protection, an 8" waterline will be run north from the city water tank line and terminate with a fire hydrant beside the drive to the inn. It will be necessary to connect to city sewer via an 8" line and to decommission the existing septic system. The route of the sewer line would be entirely on my property before making connection with city sewer. For your information, there are no pending or proposed sales of this property or adjacent parcels. The inn would not alter the population density of this part of Fayetteville and would not place any burden on the school system. The increase in water usage would be negligible, as a number of rental properties will be eliminated once the inn is functioning. The only public service affected would be sewer, and that usage would be minimal. Tract 2 of this PZD will be maintained as agricultural timberland, and Tract 3, once a pasture, will be cleared except for major trees and planted with nut trees, probably Pecans, so as to retain its former agricultural use. A side benefit of this would be to continue the wooded and rural character of this part of Markham Road. ft should be noted that neither Tract 2 nor Tract 3 will be used as a football game parking lot. The object of the PZD proposal is to preserve and restore a historic structure in Fayetteville and at the same time allow this beautiful, natural setting to continue to exist undisturbed in the heart of the city. In years to come it can be a unique and distinctive place to stay when visiting Northwest Arkansas, one that will create lasting memories of the natural beauty of this area. Julian Archer 2115 West Markham Road Fayetteville, AR 72701 Skiles Architect Permitted uses by unit Conditional uses by unit Planning Area 1 1,2,6,7,8,13,14 4,29 Land Use Density 4 Dwelling Units PA 2 1,6 4 No DU Dwelling Units 1. Existing Oak Cabin 2248 W. Markham 2. Existing (Tower) House 109 North Sang 3. Proposed Innkeeper's House 2230 W. Markham 4. Existing Archer Log House 2115 W. Markham Land Use Intensity 33,340 ( 6,300 ( 340 (18,900 ( 6,000 ( 1,800 Bulk and Area Regulations PA 3 1,6 4 No DU non-residential By CU By CU Barn existing) Two Stall Barn) Proposed Inn) proposed 4 cabins @ 1500 sq. ft each max) Existing English Cottage 2148 Markham) Lot Width Minimum 200' N/A N/A Lot area minimum 1 acre 3.57 acres 4.18 acres Land area per dwelling 1 acre No DU No DU Setbacks Height Building area Landscaping Parking Site Planning Architectural Design Front 50' 60' 25% Side 10' 50' 25% Rear 20' 50' 25% Will Conform to City Standards (All tracks) By Jeremy - Neighborhood Standards Project Phasing Restrictions — Proposed Inn on PA 1 is planned to be started August 2006. Innkeeper's House and Four Rental Cabins on PA 1 planned be started within three years after hotel is built. February 25, 2005 Dear Neighbors and Residents of the University Heights Neighborhood: Thank you for taking the time to attend the meeting about the Pratt Place Inn project. It is important to us to maintain good communication with the members of UHNA. The reason for this communication is, above all, to apologize to any of our neighbors who have been disturbed or inconvenienced by events held in our barn. With chagrin, we have just been apprised by Albert Skiles, the architect for the Pratt Place Inn —following his meeting with some of you o n Sunday, February 20 —of a parking problem on Sang related to gatherings a the barn. As the very people who asked the city to put up the "no parking" signs on Sang and Cross —and the "no littering" signs as well —we are disturbed to learn of this situation and would have welcomed being informed of it by any of you directly. Whether or not you take up your grievances pertaining to Pratt Place with the city, you can also expedite their being addressed by bringing them to us personally, or anonymously if you prefer. We have no desire to be anything but good neighbors, responsible land stewards, and civic -minded citizens. Please feel free to let us or our overseer, Jim Backerman (251-1302), know about any difficulties you may experience resulting from our actions or those of anyone associated with our property, and it will be taken care of expeditiously. Most of you have never met us, but you have some familiarity with us as the custodians of Pratt Place —firstly, because we have resisted for the past 25 years all of the breathtaking offers we have received to purchase a n d develop the property. Instead, we have ensured that the . land remains largely intact, looking beautiful, even though it doesn't come close to paying for its upkeep. Starting with the inheritance taxes and continuing with property taxes, insurance, maintenance and improvements, and the king's ransom in sweat we have expended on it, just hanging on to Pratt Place has been a wild ride. Yet, we have carved out the time and means to accomplish some of our own neighborhood beautification programs—i.e. burying nearly all the electrical and phone lines on our property, including a piece we once owned on Halsell; planting and maintaining rows of sycamore trees along Markham, Sang, and Osage Bend in Bois d'Arc for the public to enjoy; sculpting and smoothing the slopes down to the ditches on Markham and Sang, and so on. Because we divide our time between Fayetteville and Des Moines, we do not often get to enjoy the fruits of o u r labors ourselves. As civic -minded, part-time residents of Fayetteville, we are pleased to be able to offer the University track teams and Fayetteville schools track teams our trails to train on. In addition, we have put the barn at the disposal of the University's Development Office and the Alumni Association, the NW Arkansas Jazz Society, and the University Heights Neighborhood Assn. for its meetings and annual picnics (in the barn/pasture), at no cost to any of them. We first made this offer some time ago to the UHNA via t h e president at that time, much to that person's delight, and have been surprised that there was never any follow through. (Incidentally, even when it rains, cars can park safely in the pasture without risk of getting stuck.) The observations below are in response to questions raised at last Sunday's UHNA meeting. Some are disturbed about a wedding in our barn that was covered by Weddings magazine. When our friends the Fosters asked if their daughter could be married in the barn, we couldn't imagine turning them down. Likewise, one of the barn's building contractors when his daughter got married, as well as one of the carpenters when he committed matrimony, and a young couple who worked for us at Pratt Place. None of these people would have wanted to upset the neighbors, any more than we, but despite their instructions to guests to park only in the pasture, and thinking they had done so, a parking problem apparently arose. Other neighbors seen to believe that we built the barn as a "party barn" because there are bathrooms, kitchen, and chandeliers. We understand why one would think that, however mistakenly. In fact, it was built to be horse barn with costly plumbing for automated, all -seasons horse waterers; stall drainage; haylofts with hinged railings for getting hay upstairs; tack room; Dutch stall doors letting onto the loafing shed, etc. The chandeliers were inspired by the Spanish Riding School in Vienna, Austria, and those, along with the amenities, were included in the barn layout for our own social activities. Given the opportunity to build a structure from scratch, it would be shortsighted not to include these conveniences. There would be horses there now but the fence builders finished the fence around the pasture too late to bring the horses in before our return to Des Moines last September. Happily, we will at last be able to grace the pastures with horses this year, and perhaps coax our grandchildren away from their parents on a regular basis with such enticement, though their parents enjoy horseback riding too much to be left behind very often. Someone asked about the distance from the parking place to the inn/restaurant. I don't know how this impacts the neighborhood, but obviously there would be valet parking. Another neighbor invoked Julian's mother Evangeline's name as one who would oppose "the extension of Sang." That is, of course, a different subject, but as for the inn, she suggested to us years ago that one way to save Pratt Place from eventual development was to turn the Pratt House into a n inn, and she supported the University's idea in the late 1970$ of turning it into a guest house when the latter was part owner. When her sister Joy Markham ran a co-ed summer camp at Pratt Place in the 1920s, 30s, a n d 40s, it was heartily endorsed by Evangeline and everyone else in the family as a way, among other things, of keeping the property intact and preserving its integrity. We specifically want to apologize to the Scroggs and the Wades who indicated their annoyance with sound coming from the barn. Since neither they nor anyone else has complained about this, either when an event was in progress or afterward, we assumed that our having insulated the entire barn had taken care of any potential sound problems. •We are particularly sensitive to this because we like to play opera full blast when we are• working in the barn day or night, and we anticipate having various kinds of musical groups when we hold dinner parties in the barn. Therefore, we want to assure the neighborhood that we will have the sound from the barn tested and any problems addressed accordingly. In the summer we leave the barn doors open while we're working there, with opera or Public Radio blasting away, so please don't hesitate to call and leave a message on our answering machine if the sound is reaching you, as we truly don't want to be a n annoyance to anyone. We hope our track record of executing quality - and aesthetically pleasing projects in the past will reassure the neighborhood with respect to future projects. We encourage your questions and concerns about the Pratt Place Inn project or any other ways in which Pratt Place impacts the neighborhood. 2115 Markham Fayetteville, AR (479) 582-5443 402 -29th Street Des Moines, IA (515) 243-4089 Road 72701 - for almost all academic breaks and vacations. 50312 - when classes are underway. Sincerely, Julian & Jane Archer 10/29/2005 05:12 5152434089 ARCHER PAGE @1 �✓,.�,tt "t (,act FAX COVER SHEET FROM FAX NO. (515) 246-1427 DATE/ D- % > C- TELNO: /'7-y �7S-R?a FROM: JANE OR JULIAN ARCHER 402 29TH STREET DES MOINES, IOWA 50312 USA TELEPHONE NO. (515) 243-4089 FAX NO. (515) 246-1427 SPECIAL INSTRUCTIONS: ,y NUMBER OF PAGES INCLUDING COVER PAGE 10/29/2005 @5:28 5152434089 • ARCHER • PAGE 04 their way to patronize, and would be one of the things Fayetteville is becoming known for. Neither we nor the inn proposal deserves to be rejected, as a number of prominent Fayetteville people have expressed so eloquently before you. We are willing to put a great deal of our own time and resources into a project that would be a glorious addition to the Fayetteville scene: in a word, a gift from us to Fayetteville. We hope for the community's sake that you will not make the mistake of throwing that gift away, though it looks like so many restrictions and demands are being proposed for the project that our enthusiasm for it is rapidly evaporating. Sincerely, Julian and J e Archer 10/29/2005 05:28 5152434089 • ARCHER • PAGE 09 Long ago we voluntarily and at our own expense put most of the lines on the hill underground. A few remote lines remain above ground, none visible to neighbors. These do not service anything connected to the PZD project. In point of fact, we are the poster children of underground line advocacy, unlike the people (excluding the one signatory who did not live there then) who drew up these "Conditions of Approval; who opposed putting the overhead lines on their own property underground seventeen years ago. Ll I 7) Sewer connections: • All new buildings/structures permitted on the property shall connect to public sewer. This includes the proposed four cabins, Inn/restaurant, pool, innkeeper residence and any other use requiring sewer. Various existing buildings shall connect to public sewer when issued a building permit for expansion or replacement, and/or as required by city ordinance. This includes 2115W. Markham (Archer log house), 2148 W. Markham (Archer cottage to become rental annex to inn), 2255 W. Markham (existing barn - The barn shall connect to public sewer with the approval of the Inn/restaurant large scale development, prior to issuance of a certificate of occupancy, as the use of this structure is indicated to be for assembly occupancy and has the potential for large events). 8) Phasing: (Replace Condition #15): • The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed Inn within one (I) year of the approval date of the associated Large Scale Development by the Planning Commission. • The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed Innkeeper house within three (3) years of the associated Large Scale Development by the Planning Commission. • The PZD ordinance shall be valid if all permits are issued to begin construction of the proposed log cabins within fifteen (15) years of the associated Large Scale Development by the Planning Commission. 9) Street improvements: Street improvements to Markham Road and any other surrounding streets shall be determined by the Planning Commission. These improvements may include the widening and repair or reconstruction of Markham Road to a minimum 20 -foot width into the subject property to allow for emergency access. Dedication of right-of-way to meet Master Street Plan requirements, appropriate storm drainage, lighting, sidewalk/trail and other surrounding or adjacent street improvements as determined by the Planning Commission to be appropriate in alleviating the impact of the increase in use and traffic generation, while minimizing the impact to existing street and neighborhood character and the wooded hillside, shall be determined by the Planning Commission, and constructed at the cost of the developer. K:Veremy11005 Correspondence)/nternal htemoslPratt Place Additional C'ondiiions.doc Washington County, AR I certify this instrument was filed on 1210812005 02:08:34 PM and recorded in Real Estate File Number 2005-00054544 Bette ),tamps - Circuit Clerk