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Home My WebLink AboutORDINANCE 5861o4 f`YfrrF V 1^ i!. 4 �R ArsSA`' 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5861 File Number: 2016-0139 Doc ID: 017025740011 Type: REL Kind: ORDINANCE Recorded: 08/23/2016 at 09:58:53 AM Fee Amt: $65.00 Page 1 of ii Washington CountV, AR Kyle Sylvester Circuit Clerk File20 1 6_00024306 TREE PRESERVATION AREA MODIFICATION AT FOREST HILLS: AN ORDINANCE TO VACATE PORTIONS OF A TREE PRESERVATION AREA TO FACILITATE DEVELOPMENT, TO PRESERVE THE BEST QUALITY, MOST SIGNIFICANT TREES AND TO DEDICATE A LARGER TREE PRESERVATION AREA WHEREAS, the initial Forest Hills Planned Zoning District was approved on June 3, 2008; and WHEREAS, Planet Hills LSD (a portion of Forest Hills PZD) was approved in April of 2012, and dedicated some undeveloped areas for tree preservation; and WHEREAS, future planned development of this area now referred to as the "The Flats" needs to modify the tree preservation area to allow for the development while still preserving the best quality, most significant trees, dedicating a larger preservation area than the one reduced and by the planting of ten additional trees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the vacation of a portion (1.13 acres) of the existing tree preservation area and its modification by accepting the dedication of a nearby 1.36 acres of tree preservation area and the planting of ten trees all pursuant to the agreed tree preservation plan submitted by the developer and approved by the Fayetteville Urban Forester in accordance with items 2, 3 and 4 in the Discussion section of the Urban Forester's memo. PASSED and APPROVED on 4/5/2016 Page 1 Printed on 416116 File Number: 2016-0139 Ordinance: 5861 Attest: Sondra E. Smith, City Clerk Treasurer ; Ff[YE7TEVILE r JM .A '. 9 c� ."R. Page 2 Printed on 416116 Fayetteville, AR EXHIBIT A March 14, 2016 1:9,028 0 412.5 825 1,650 fi Right -of -Way Abandoned AHTD Farmington 125 250 500 m Favetteville EXHIBIT B MORRIS+C3N SH I PLEY ENGINEERS • SURVEYORS City Council City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Re: Request to Vacate Tree Preservation Easement Forest Hills Subdivision, Fayetteville, AR City Council, Morrison Shipley Engineers, on behalf of Forest Hills Partners, LLC, would like to respectfully request the vacation of part of an existing Tree Preservation Easement (TPE) in the Forest Hills subdivision at the northeast corner of Salem Road and Jewell Road. The attached survey shows the desired TPE to be vacated, totaling 1.13 acres. Forest Hills Partners, LLC would like to construct a new set of apartments known as The Flats as planned in the PZD of the Forest Hills subdivision. The only way to make it economical for the developer to build the planned apartments is to construct three apartment buildings. With the layout of the existing TPE, only two buildings could be constructed. Forest hills Partners, LLC is willing to plant ten mitigation trees around the existing detention pond as shown in the attached Offsite Tree Mitigation Exhibit. We also understand that tree preservation is very important to the well being of the surround community and wildlife, and would like to dedicate 1.36 acres of offsite TPE to make up for the vacation, if granted. As shown on the attached site plan of the Forest Hills Subdivision this 1.36 acres of offsite area would create a larger area of TPE. Based on tree surveys conducted for the original PZD of Forest Hills, there would be more canopy and significant trees being preserved under this proposed TPE than the existing TPE. If you should have any questions please feel free to contact me. Respectfully, Morrison -Shipley Engineer's Patrick Foy, E.I. 2407 S.E. Cottonwood Street Bentonville, AR • 72712 479.273.2209 • Fax 479.273.2553 morrisonshipley.com �Y jI {to .m .w „ �it is� � IN violin, _ � _.; ��.� j err �rW Wr Off fr rr aiI 'M�l tt �`r 11•s 11, EXHIBIT Q The buildings within Forest Hills will contain a variety of uses and will be designed to include varying facades. Within the commercial portion of the development, there will be smaller retail/restaurant size facilities, strip shopping centers, a 40,000 SF Wal-Mart Neighborhood Market grocery store, and a 13,650 SF Walgreens' store. Interconnection will be provided between each of the commercial facilities on the west side of Salem Road so as to promote vehicular circulation without having to re -access Salem Road. This same type of interconnectivlty will be provided inside the residential office area located on the east side of Salem Road. A network of sidewalks will be installed to allow the residents of the multi -family areas and the users of the office space to walk to the retail and restaurant facilities. 7.. Site Plan Showing, Improvements Proposed improvements to the City of Fayetteville will include the construction and dedication of Salem Road and North Jewell Road, along with their associated sidewalks and drainage improvements. Utilities, Including the extension of a 12" water main, will also be extended the entire length of Salem Road and connect into existing facilities located at both Wedington Drive and Persimmon Street. Please see the attached site plan for locations of these street Improvements. The residential component of the development is planned to contain 600 units equating to a density of 10.00 units per acre. 3. BufferAreas Green spaces along Salem Road and Jewell Road will be planted with trees at a rate to match city requirements. The residential -office and multi -family condominiums will maintain as much of the existing tree canopy as possible on the east side to provide a buffer between Forest Hills and the Maple Terrace development The residential areas will be designed to situate Internal bufferings, Including the installation of landscaping and appropriate screening fences. 4. Tree Preservation Area A block of largely undisturbed tree canopy, approximately 6.18 acres in size, will be preserved on the south side of the development, adjacent to Persimmon Street. An additional 6.65 acres of tree canopy will be preserved around the regional detention basin and on the east side of The Village at Forest Hills, on the east side of The Trolls at Forest Hills, around the detention basin within The Villas at Forest Hills and at various other areas throughout the development. There will also be the opportunity to preserve more individualized areas of tree canopy throughout the development as each planning area is developed in more detail at the large Scale Development portion of this project. It is anticipated that a large portion, if not all, of the remaining 7.77 acres (to achieve 20.60 total acres) of required tree canopy preservation will be achieved at full project build -out. There is minimal existing tree cover in the commercial portion of the project. Most of the existing tree canopy will be affected within the office/retail and residential portions and in the Salem Road right-of- way 2008 Plan: Indication of planned bulk preservation areas, being coordinated through individual development tree preservation plans. F O R E S T H I L L S t.'J'd+'nTart. a. 41 erg P). -Mari 8►S 24-32 if f� t4ll�ry 765-29418-000 r ry BVVENTUREffrLLC rN ry oti 6 3 �1r�tar't rn N �4 XiW a 765-29416-002 FOREST HILLS PARTNERS LLC 2010-1296 N 0 o N �o 01 765-29853-000 FOREST HILLS PARTNERS LLC March 14, 2016 Parcel Ownership Right -of -Way Abandoned Fayetteville, AR �y 3300 d .1 331 r. 331 fb 331 GZJF 3316 O 1246/356 tit I 1246/356 24-7 t FORESTHILLS VILLAGE �V Vv 1 �b r$ Vi a Z m y n h 24-7 FOREST 24-7 A significant trees in this exhibit located here-, and remain EXHIBIT F aerued with the proposal. 765-o77s5 �' GREE=AFAPAXZWF LLC LLC ui _ 765-07796.000 n 937 CFC PROPEREW W n ¢ 927 g2 s 76547785-000 765-Q7797-000 ry LOPE7,fgUILA BOYC. STEVF#,J & MC W, 76 0778 '!W 765-07798 000 VILLAGE LLC H RRIS, SrkpP FN BOYQ ISSE*2FOHAMMAID ti a 879 e CO(? 1765-077� AT 14 � 3T IPARKEI ,NUCE 0 71&1.11:OQ0 $3 GILBERT PETER L & CHERYL L 24-7 BO f }} STEVEN 8 Mr -CRAW FREYT40NI A� 0 4r fia78D•(A00 : i 765 201-000 i'i W BLUMFF4THt,, N 4TH�N H 8 `BAPBARASORING CREEK RENT4 4S LLCt 765077$.0( 765-07801-000 731 BLUMEN HAS, NATHAN H & BARBARASPRING CREEK I�EYI�TALS LLC 76=077a0-')00 I.ENEHAN, JOH:N P & CHARLOTTE W765-07802.009- MEL2.ARK JN TMENrS LLC LAGE LLC rd 24-7- 76&13743.001 CHAMBERLAN42 ARE PROPERf) 765-07791-000 ° 765-07803-W ` BLUMENMAL, NATHAN H S BARBARAKIA FAMILY IRREVOCABLE TRUST 29� '`-- - -- — 765-29421 i FOREST PARTNERS LLC 778rif fJ00 765.07819.000 S6SA PROPERTIES L LCGREENLEAFAaARTMENTS LLC 6sah f 1 1:2,257 proximate -Area of o Ins 210 420 ft cation request 0 30 60 120 m nrrnvllr�.� By Gun Coaty at 5:09 pm, Feb 26, 2016 EXHUT F (continued) E K HI BI r AlI that part of a Tree Preservation Easement, as shown on the Easement Plat of Lot 5 of Forest Hills, File 0024-00000007 of the Plat Records of Washington County, Arkansas; Commencing at an existing rebar at the Northeast comer of said Lot 5; Thence S02'08'11'W, along the East line of said Lot 5, 653.28 feet to a point on the North right of way line of Jewell Road and the Southeast comer of said Lot 5; Thence N56e52'08"W, 36.20 feet to the intersection of the North line of an existing 20 feet -wide Utility Easement, and the West line of an existing 30 feet wide Utility Easement, as shown on said Easement Plat, for the POINT OF BEGINNING(1); Thence along said North easement line, the following three (3) courses:1.) S88150110'W, 28.33 feet; 2.) 24.41 feet along a 180.00 foot -radius, non -tangent curve to the right, whose chord bears N86'51'38"W, 24.39 feet; 3.)126.46 feet along a 258.49 foot -radius, non -tangent curve right, whose chord bears N68'5T42W, 125.20 feet; Thence N39'5T57E, 95.57 feet, leaving said North easement line; Thence S50'02'03"E,19.00 feet; Thence N39'5T57E,130.00 feet; Thence N50'02'03`W, 19.00 feet; Thence N39'5T57"E, 37.52 feet; Thence 20.63 feet along a 118.00 foot-radlus curve to the left, whose chord bears N34'57'30'E, 20.60 feet to a point on the said West easement line; Thence S02'26'31 "W, along said West easement line, 264.47 feet to the POINT OF BEGINNING (1); Also: Commencing at said existing rebar at the Northeast comer of Lot 5; Thence S02'08'11"W, along the East line of said Lot 5, 653.28 feet to a point on the North right of way line of Jewell Road and the Southeast comer of said Lot 5; Thence N56'52'08"W, 36.20 feet to the intersection of the North line of an existing 20 feet -wide Utility Easement, and the West line of an existing 30 feet wide Utility Easement, as shown on said Easement Plat; Thence along said North easement line, the fallowing four (4) courses:1.) S88'50'10'V1f, 28.33 feet; 2.) 24AI feet along a 180.00 foot -radius, non -tangent curve to the right, whose chord bears N86'51'38W, 24.39 feet; 3.) 153.72 feet along a 258.50 foot -radius, non -tangent curve right, whose chord bears N65'56'25W, 151 A7 feet; 4.) N48'54'15"W, 9.09 feet to the POINT OF BEGINNING (2); Thence N48'54'15"W,123.28 feet, continuing along said north easement line; Thence 26.34 feet along a 336.45 foot -radius curve to the left, whose chord bears N51'OT41'W, 26.34 feet; Thence 225.45 feet along a 4390.66 foot -radius non -tangent curve left whose chord bears N47'40'40'E, 225A3 feet; Thence N74'5935"E, 50.05 feet; Thence N70'11'38"E, 84.00 feet; Thence S19'48'22"E, 8.81 feet; Thence 85.55 feet along an 82.00 foot -radius non -tangent curve right, whose long chord bears 510'04'48wW, 81.72 feet; Thence S39'5T57W, 37.52 feet; Thence N50'02'03"W, 84.00 feet; Thence S39°5T57"W,130.00 feet; Thence S50'02'03"E, 84.00 feet; Containing 49,042 square feet or 1.13 acres of land. Commencing Existing Reber NE Comer Lot 5 Curve Table Curve # Length Radius Delta Chord Brg. Chord C1 24.41' 180.00' 007'46'06" N86'51'38"W 24.39' C2 126.46' 258.49' 028'01'45" N68'57'42"W 125.20' C3 20.63' 118.00, 010e00'54" N34'57'30"E 20.60' C4 26.34' 336.45' 004'29'09" S51°07'41"E 26.34' C5 _225.45' 4390.66' 002°56'31" S47-40-40"W 225.43' C6 85.55' 82,00' 059'46'27" N10-04'48"E 81.72' Line Table Line # Length Direction L1 28.33' S88'50'10"W L2 95.57' N39'57'57"E L3 19,00, S50'02'03"E L4 130.00' N39'57'57"E L5 19.00, N50'02'03"W L6 37.52' N39'57'57"E L7 264.47' S02.26'31 "W L8 123.28' S48'54'15"E L9 50.05' S74'58'35"W L10 84.00' S70'11'38"W L11 8.81' N19°48'22"W L12 37.52' N39'57'57"E 13 84.00' S50'02'03"E 14 130.00, N39'57'57"E 15 rL 84.00' N50'02'03'W 16 1 96.08' N39'57'57"IR Parcel No.: 765-29415-000 Lot 5, Forest Hills File No.: 2010-00001296 Lot 5, Forest Hills Easement Plat File No: 0024-00000007 Tree Preservation,, Easement To Be II%% Relinquished f I �6' 0111111 F111SIQ f4 ' P.OS,(2) �Q¢;?.,•*•.,.,,,,M,,fi4�� N46'54'15"W " , . STATE OFN HKANSAS *:G NO. 1698 ip ' rn UR .• �t1,,• ,9�4 d ,`� • ;cs L. PN MORRISON kol SHIPLEY ENGINEERS ■ SURVEYORS 2407 SE Cmon d SU,,t . Bentonville, AR 72712 . 473273 2200 . morA,e hlpl yt L=153.72' R= 258.50' C= 151.47' CB= S65'56'25"E Existing 30' UIE SE Comer Lot 5 Lot 5, Forest Hills Tree Preservation Easement Relinquishment Exhibit N m a 00 v I Fayetteville, Washington County, Arkansas I armmW JLP Mir 02/24/2016 WAP-64 Cv�rtp Nrnr Rw r Fayetteville, AR EXHIBIT G W C 4 765-29421-M 76&29853-000 y J FOREST HILLS PARTNERS LLC y� FOREST HILLSYARTNERS LLC Q�p 765-29835-000 765,-29836-000 1-93 TRADE MARK HOME$ LLG TRADE-WRK HOMES LLC , f 765-29831-000 765-29834-000 765.29837-000 FOREST HILLS PARTNERS LLCTRADE MARK HOMES LLC TRA DE MARK HOMES LLC �' ! 765-29828-W 765.29833-000 76528838-000 FOREST HILLS PARTNERS FORE T HILLS PARTI+fER$ LLC FOR'ESrN1LL5 PARTNERS LLC v 65-2983 FOREST HILLS PARTNERS LLC 765.29839-000 t4 745-29852-M i-29826-OW A. FOREST HILLS PARTNERS "C �� FOREST HILLS PARTNERS LLC REST HILLS PARTNERS+ �t.G _ 765J 9 76&2830-000. MIZE��+�L PARTNERS'L4C' FoRE&THILLS PARTNERS LLC 765.29841-0Q11 h FOREST HILLS PARTNERS LLC-, J' 765-29844-000 765-2WW2.000:.1 h FOREST HILLS PARTNERS LLCFOREST HILLS PARTNERS LLC 765.29841.0Q0 �`, 5-29849-M ::-.:t FOREST HILLS PARTNERS LLC CREST HILLS PARTNERS LLG 24 _93 765'2984 04M 765-29847-000 FORESTNIJ.I.fi PARTNERS LLCFOREST HILLS PARTNERS L1C F2985(k 0 REST HILLS PARiki t3 LLC 765-29852-000 -' 765-29852-M FOREST HILLS PARTNERS LLC F(1REST HILLS PARTNERS LLC r29851-000 24�93 REST HILLS PA O 4) 23A-340 765-14612-W CENTEN&A . T S I f1 S t sib 23A-34023A-340 765-1lil MOUNTAIN RANCH PARTNERS LLC -26900-M0 March 14, 2016 Parcel Ownership Right -of -Way Abandoned 23A••340 765-14612-000 CENTENNIAL BANK 23A-340 RANCHPARIVERS LLC 474 t' y I Approximate area of Dedication request CLUP{qq�LlSA PAN, J01YWYR 765.07;4:L000 cc PAN, JOHNNY R 4! 61 h f,OR, Fi0(I 54i S 765-07612-000 765-07827-000 ESPEJEL',' EDUARDO,E PAN, JOEINNYR � f '�7�V — 7�5 07813 000 765-078284)W2 Sl PlfOVERTIES LLC BARNETT, 03WELIA A Iv 578 goo I 7654*'4-000 765•U7829_Ot , 4 PAN, JOHNNYR ' BEARD, MAANN S500 5411 a{. 765-07815-000 TORRItS, RUBEN & EYANdELINA 765-07416-M '" LACY, THOMAS3A LUANNSMITH 7655-07817-M SOSA PROPERTIES LLC 765-0981T.-{}00 00 spsA PROPERTIES LLC OP �m w 765-13741-000 r SHILOH APARTMENT$ A L/M 765-07818-00. ` BALD LESTERW& PATRICIA F 7" $N 765-13741-006 765-14612-010 SNILOH APARTMENTS A LIM 23A-361 — 765-28835-" CENTENNIAL BANK 1:2,257 0 105 210 420 ft 0 30 60 120 m APPROVED By Mike fft isette at 8:52 am, Feb 25, 2016 Kin, EXHIBIT G (continued) All that part of Lot 32 of the Townhomes at Forest Hills, a subdivision recorded in File No. 0024-00000093, Plat Records of Washington County, Arkansas, being more particularly described as follows: COMMENCING at an existing 1/2 inch rebar, with cap stamped "PLS 1507" at the Southeast corner of said Lot 32; thence N87035'37"W, 305.67 feet along the South line of said Lot 32; thence NO2°24'23"E, 17.50 feet, leaving said South line, to a point on the North line of a 20 foot -wide utility easement, File 2010-00001296 of said plat records for the POINT OF BEGINNING; thence N87035'37"W, 124.87 feet along said North line to the Southeast comer of an existing Tree Preservation Easement, as shown on said File No. 0024-00000093; thence NO2°24'23"E, 474.42 feet, along the East line of said easement to the Northeast corner of said easement, on the North line of said Lot 32; thence S88°05'20"E, 124.87 feet along said North line; thence S02024'23"W, 475.50 feet, leaving said North line, to the POINT OF BEGINNING. Containing 59,308 square feet, or 1.36 acres of land. Existing Tree Preservation Easement 71,681 Sq. Ft. File No. 0024-00000093 20' Utility Easement File No. 2010-00001296 W. Persimmon Street MORRISON kol SHIPLEY ENGINEERS ■ SURVEYORS 2407 9E C.H nwo 9tr.at . B"nt-IMI". AR 72712 . 479 273=09 . mar.i hlpl"Y.p2.n i} 100 SCALE 1" =100' Tree Preservation Easement Parcel No.: 765-29421-000 Lot 32, Townhomes at Forest Hills File No.: 0024-00000093 Existing 30' Electric Easement N87°35'37"W 305.67' Lot 32, Townhomes at Forest Hills Tree Preservation Easement Exhibit I Fayetteville, Washington County, Arkansas or..t er JLP a.fw 02/24/2016 WAP-64 aa1*0 No w Washington County, AR l certify this instrument was filed on 08/23/2016 09:58:53 AM and recorded in Real Estate File plumber 201 0 06 Kyle Sylvester it C er by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0139 Agenda Date: 4/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 TREE PRESERVATION AREA MODIFICATION AT FOREST HILLS: AN ORDINANCE TO VACATE PORTIONS OF A TREE PRESERVATION AREA TO FACILITATE DEVELOPMENT, TO PRESERVE THE BEST QUALITY, MOST SIGNIFICANT TREES AND TO DEDICATE A LARGER TREE PRESERVATION AREA WHEREAS, the initial Forest Hills Planned Zoning District was approved on June 3, 2008; and WHEREAS, Planet Hills LSD (a portion of Forest Hills PZD) was approved in April of 2012, and dedicated some undeveloped areas for tree preservation; and WHEREAS, future planned development of this area now referred to as the "The Flats" needs to modify the tree preservation area to allow for the development while still preserving the best quality, most significant trees, dedicating a larger preservation area than the one reduced and by the planting of ten additional trees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the vacation of a portion (1.13 acres) of the existing tree preservation area and its modification by accepting the dedication of a nearby 1.36 acres of tree preservation area and the planting of ten trees all pursuant to the agreed tree preservation plan submitted by the developer and approved by the Fayetteville Urban Forester in accordance with items 2, 3 and 4 in the Discussion section of the Urban Forester's memo. City of Fayetteville, Arkansas Page 1 Printed on 41612016 Derek Linn Submitted By City of Fayetteville Staff Review Form 2016-0139 Legistar File ID 4/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/17/2016 Parks & Recreation / Parks & Recreation Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of a request to vacate portions of an existing tree preservation easement, and dedicate a tree preservation easement in a nearby forest, also owned by the applicant. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF l CITY COUNCIL AGENDA MEMO ayve le wI I le ARKANSAS MEETING OF APRIL 05, 2016 TO: Mayor and Fayetteville City Council THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent Andrew Garner, City Planning Director FROM: Derek Linn, Urban Forester DATE: March 17, 2016 SUBJECT: Tree Preservation Area Modification at Forest Hills RECOMMENDATION: Staff recommends approval of a request to vacate portions of an existing tree preservation area, and to dedicate a new tree preservation area in a nearby forest. BACKGROUND: The subject property is located south of West Wedington Drive, along Salem Road. The property is located within the Forest Hills Planned Zoning District (PZD), approved by City Council on June 03, 2008. The PZD submittal planned for overall tree preservation of 25% per Chapter 167.04(C)(Table 1). Section 167.04(F)(2) provides that tree preservation may be coordinated either through initial dedication with a tree preservation plan for the entire subdivision, or through individual reviews as phases develop. Forest Hills was approved to be developed with individual tree preservation plans —rather than initial dedication of an overall PZD tree preservation area. Therefore, staff are reviewing individual tree preservation plans with each development submittal. When the Planet Hills LSD 12-4083 was approved in April 2012, tree preservation areas in the adjacent, undeveloped area known as The Flats were dedicated. At the time of this proposal, the future development footprints provided by the consultant did not accurately depict the future buildout anticipated for the area, as indicated in the PZD booklet. In early 2015 the applicant proposed to construct four (4) apartment buildings and associated parking in this area known as The Flats, and staff found that the Technical Plat Review submittal was in conflict with the preservation areas. To help meet the overall preservation intent, ensure high quality trees are preserved, and to work with the applicant to achieve the buildout as indicated in the PZD booklet, urban forestry staff worked with the applicant to identify the highest priority trees to retain within the existing tree preservation area, and to identify an alternative area of canopy that could be preserved within the greater Forest Hills development. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 PROPOSAL: The applicant has indicated that three (3) apartment buildings will meet the development goal of The Flats, and has proposed to reduce the existing tree preservation easement in this area to make this possible. In exchange for the modification request, the applicant has proposed to dedicate a greater amount of equal priority canopy, and to plant 10 trees within a common area lot. DISCUSSION Staff recommends vacating 1.13 acres of an existing tree preservation area to facilitate future buildout of The Flats, and to dedicate a nearby 1.36 acre tree preservation area plus plant ten (10) 2" caliper trees on a nearby common area, through the following determination: 1) The plan proposed by consultants with the 2012 tree preservation area dedication did not accurately accommodate future development footprints, as indicated in the PZD booklet. 2) In lieu of the area to be vacated, the applicant has proposed to dedicate a greater sized tree canopy area nearby on Forest Hills land and to plant ten (10) 2" caliper shade trees on a nearby common area lot. 3) The best quality, most significant trees, including 20" and greater Post Oaks, within the existing tree preservation area will remain intact and preserved with the proposal. 4) The new forest area to be dedicated is composed of equal or higher priority trees than the area proposed for vacation, and is adjacent to an existing forest tree preservation area. Contiguous areas of preservation is ideal for individual tree health and sustainability, as their surroundings stay in the native condition. BUDGET/STAFF IMPACT: None Attachments: ■ Exhibit A: Overall Context Map ■ Exhibit B: Applicant Proposal • Exhibit C: 2008 PZD Land Use Plan ■ Exhibit D: 2008 PZD Tree Preservation Planning ■ Exhibit E: Current Preservation Planning Exhibit ■ Exhibit F: Vacation Area • Exhibit G: Dedication Area Fayetteville, AR EXHIBIT A iI lit i S 12 S 07,. °J S 07 T16 T16 Tfl i.W R 31 _ R30 Rao �. ----------- --------- --------- ---_ __ forest Hills PZD (approximate r if area of interest, indicatin context) s S 12 E S fl7 _ ,.d9' T 16 S.07 T 16 T ,16 R 31 R 30 k RO 30 _} S13 S18 - - -rF T 16 S �18 T 16 T,16 R31 R30 R!30 March 14, 2016 Right -of -Way Abandoned AHTD Farmington Fayetteville 1:9,028 0 412.5 825 1,650 ft 0 125 250 500 m EXHIBIT H 'I 1 1 MORRISON SH I PLEY ENGINEERS • SURVEYORS City Council City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Re: Request to Vacate Tree Preservation Easement Forest Hills Subdivision, Fayetteville, AR City Council, Morrison Shipley Engineers, on behalf of Forest Hills Partners, LLC, would like to respectfully request the vacation of part of an existing Tree Preservation Easement (TPE) in the Forest Hills subdivision at the northeast corner of Salem Road and Jewell Road. The attached survey shows the desired TPE to be vacated, totaling 1.13 acres. Forest Hills Partners, LLC would like to construct a new set of apartments known as The Flats as planned in the PZD of the Forest Hills subdivision. The only way to make it economical for the developer to build the planned apartments is to construct three apartment buildings. With the layout of the existing TPE, only two buildings could be constructed. Forest hills Partners, LLC is willing to plant ten mitigation trees around the existing detention pond as shown in the attached Offsite Tree Mitigation Exhibit. We also understand that tree preservation is very important to the well being of the surround community and wildlife, and would like to dedicate 1.36 acres of offsite TPE to make up for the vacation, if granted. As shown on the attached site plan of the Forest Hills Subdivision this 1.36 acres of offsite area would create a larger area of TPE. Based on tree surveys conducted for the original PZD of Forest Hills, there would be more canopy and significant trees being preserved under this proposed TPE than the existing TPE. If you should have any questions please feel free to contact me. Respectfully, Morrison -Shipley Engineer's Patrick Foy, E.I. 2407 S. E. Cottonwood Strect Bentonville, AR • 72712 479.273.2209 • Fax 479.273.2553 morrisonshipley. corn The buildings within Forest Hills will contain a variety of uses and will be designed to include varying facades. Within the commercial portion of the development, there will be smaller retail/restaurant size facilities, strip shopping centers, a 40,000 5F Wal-Mart Neighborhood Market grocery store, and a 13,650 SF Walgreen5'store. Interconnection will be provided between each of the commercial facilities on the west side of Salem Road so as to promote vehicular circulation without having to re -access Salem Road. This same type of interconnectivity will be provided inside the residential office area located on the east side of Salem Road. A network of sidewalks will be installed to allow the residents of the multi -family areas and the users ofthe office space to walk to the retail and restaurant facilities. 2. Site.Plan Shgwinp_ImnrctvemerIm Proposed improvements to the City of Fayetteville will include the construction and dedication of Salem Road and North Jewell Road, along with their associated sidewalks and drainage improvements. Utilities, including the extension of a 12' water main, will also be extended the entire length of Salem Road and connect into existing facilities located at both Wedington Drive and Persimmon Street. Please see the attached site plan for locations of these street improvements. The residential cornponent of the development is planned to contain 600 units equating to a density of 10.00 units per acre. 3. Buffer Areas Green spaces along Salem Road and Jewell Road will be planted with trees at a rate to match city requirements. The residential -office and multi -family condominiums will maintain as much of the existing tree canopy as possible on the east side to provide a buffer between Forest Hills and the Maple "terrace development. The residential areas will be designed to situate internal bufferings, including the installation of landscaping and appropriate screening fences. 4. Tree Preservation Area A block of largely undisturbed tree canopy, approximately 6.18 acres in size, will be preserved on the south side of the development, adjacent to Persimmon Street. , An additional 6.65 acres of tree canopy will be preserved around the regional detention basin and on the east side of The Village at Forest Hills, on the east side of The Trails at Forest Hills, around the detention basin within The Villas at i I Forest Hills and at. various other areas throughout the development. There will also be the opportunity to preserve more individualized areas of tree canopy throughout the development as each planning area is developed in more detail at the Large Scale Development portion of this project. It is anticipated that a large portion, if not all, of the remaining 7.77 acres (to achieve 20.60 total acres) of required tree canopy preservation will be achieved at full project build -out. There is minimal existing tree cover in the commercial portion of the project. Most of the existing tree canopy will be affected within the officelretail and residential portions and in the Salem Road right-of- way. 2008 Plan: Indication of planned bulk preservation areas, being coordinated through individual development tree preservation plans- F 0 R E S T H I L 1. S LEXHIBIT D E%HIEIT E ire .Hd0 L14.i.�w� �'T r t f c 1 Y� .r` .l •R 'mr`c r"ram ' f �°� •_•_ ��.� y �� -`�� Ci_i'`.�`r�1-lj"`;ti�l�itlJ I LJr�T �� o•� V� J p rrlrmr PnI u 'l, Inn" :Ilnj� fi�f1 a IIRR r' I t r +� III" 1 T, 7 `�1..�n1:....,�m:.e._ 6¢..",' r4'`"�•">`r.`..''��`..\�.. �� Y' 7��°c;�� 'qtl•- 1_:}1M1F19rL"1—„.J-��=1A11P1PktCppfil:r."-i!7J!'ia�" J!t.�a'tl.J.�f_]g'�i.Ti"7"aw7��361'�"I1�:� r�IIiIia I:,il. =,-�Kn�'�fI1°^iWJ._ IICfff�lI�wi.� t�C ^ �1tl"rr"(��.�,ii.�i!i_i49G9�11�i1TilF7Ll5iitlltl.l:iiId}JTiJ : ilu, i.�ij2::'.1 � ur*- cn:tl1 CyIr vod5r:ciT tvrl noelorpts• ss J"Sbwk r NrfVnI4eeLen lco ct ecs REST HILLS WORKING TREE MC7RRISON SHIPLEY v. w PRESERVATION EXHIBIT lei Sl7t7dlV73IOI1 -- 0 Fe ellerrWe, INastri rr County. A.rkAn9es 106.76 _.. _._ ..mr r�o.�....�.... .... .., rn.,.. vr.aow. .,.. '-`m wni. 'Prcc Fi�rriv Y �Ctb}. 765-29416-002 FOREST HILLS PARTNERS LLC 24-32 N M [V 765-29416-000 SV'VENTURES-LLC R 2010-1296 76$-29416.00.2 FOREST HILLS PARTNERS LLC N O a 765-29853-000 FOREST HILLS PARTNERS LLC March 14, 2016 Parcel Ownership Right -of -Way Abandoned Fayetteville, AR .,7 24-7 u y 1246/356 ' S � 765-294i. FOREST 1246/356 n � r'Q 24-7 r` k rye FOREST HILLS VILLAGE LLC <24-7 "h 76: AN FC vn � xw 4+ z nn v' 765-2942 j � FOREST 't significant trees in this exhibit located here; and remain [EXHIBIT F served with the proposal- 765-07795-000 GREENLE.AFAPART4fENIS LLC 76 •a rat-000 �sRE NLEAPAI'ARTIVENTS" LLC y / 765.07796-000 CFC PROPERTIES Lf C 4-7 GC A 765-077855.000 765.67797.000 v : LOPEZ, fvtIGUEL A BOYL% STEVENA 8 MCCRAW,, )V1 765.07706000 765.0779E-000 S VILLAGE LLC H,4RRIS, STEfIEN BOYO ASSEM, MOHAMMAD a 765.0774400 PARKEF AR UCEE: ' 765.077,99.000 r GILBER7, PETER L & CHERYL L a 765-07788-040 - 765-0780'"04 f -7 BOYI7, STEIN &,MCCI;A FRE}I NIA �`� 24- n 76 s 0 - , . Td5 07.80,7-flaa 746 := GLUM TH TH,4N H & f ARUARASPRING CREEK REN�T44S LLC n 755-07789 76"7809.000 742 BLUME HA . NATHAN H & BAR8ATSPRIN6 CREEX W97ALS LLC 7 7790- 00 N,EHAN, OHN P 8 Cl;J RLOTTE W765•ar802-0a4 a 00 MELZARK W '4EVMENTS LLC HI GE' LLC n i ; 2 y 24-7 cN 765-73742-00t�• _ - CFjAMBE?iLAND S4LIARE PROPERT" SL Q 765-07791-00tT i 1 1 ; �65-078U3 0a0 BLUMENTHAL, ATHAN H d BARBARA'JA FAMILY IRRE VOCABLE TRUST tr i , PARTNERS LLC 76' 07804-W 765.0781"00 SOSA PROPERTIES LLCGRF_,E-NLEA#ApART14V'ENTS LLC 1:2,257 0 105 210 420 ft 0 30 60 120 m wrWyM�-t-+I lw b,r 94l,v.weM.�Yu.r aV w�Y wr+YVMAr. baw}aeww.++�+9�.+tn®!!n��r.`I.i»rn�fww r.�A M�. N.w MIMs M rsww��waw wr..i Mw l,r Y..r�.YhawW MMr��! APPROVED By Gun Coaty at 5:09 pm, Feb 26, 2016 EXHIBIT F (continued) All that part of a Tree Preservation Easement, as shown on the Easement Plat of Lot 5 of Forest Hills, File 0024-00000007 of the Plat Records of Washington County, Arkansas; Commencing at an existing rebar at the Northeast comer of said Lot 5; Thence S02°0B'11"W, along the East line of said Lot 5, 653.28 feel to a point on the North right of way line of Jewell Road and the Southeast comer of said Lot 5; Thence N56°52'08"W, 36.20 feet to the intersection of the North line of an existing 20 feet -wide Utility Easement, and the West line of an existing 30 feet wide Utility Easement, as shown on said Easement Plat, for the POINT OF BEGINNING(1); Thence along said North easement Ilne, the following three (3) courses: 1.) 888°50'10"W, 28.33 feet; 2.) 24.41 feet along a 180.00 foot -radius, non -tangent curve to the right, whose chord bears N86°51'36"W, 24,39 feet; 3,)126.46 feet along a 258.49 foot -radius, non -tangent curve right, whose chord bears N68°5742"W, 125.20 feet; Thence N39°5T57E, 95.57 feet, leaving said North easement line; Thence S50°02'03"E,19.00 feet; Thence N39"5T57"E, 130.00 feet; Thence N50"02'03"W, 19.00 feet; Thence N39°57'57"E, 37.52 feet; Thence 20.63 feet along a 118.00 foot-radlus curve to the left, whose chord bears N34°57'30"E, 20.60 feet to a point on the said West easement line; Thence S02°26'31"W, along said West easement line, 264.47 feet to the POINT OF BEGINNING (1); Also: Commencing at said existing rebar at the Northeast comer of Lot 5; Thence S02°08'11"W, along the East line of said Lot 5, 653.28 feet to a point on the North right of way line of Jewell Road and the Southeast comer of said Lot 5; Thence N56°52'OB"W, 36.20 feet to the intersection of the North line of an existing 20 feet -wide Utility Easement, and the West line of an existing 30 feet wide Utility Easement, as shown on said Easement Plat; Thence along said North easement line, the following four (4) courses: 1.) S88"50'1O'W, 28.33 feet; 2.) 24.41 feet along a 180.00 foot -radius, non -tangent curve to the right, whose chord bears N86"51'38"W, 24.39 feet; 3.) 153.72 feet along a 258.50 foot -radius, non -tangent curve right, whose chord bears N65"56'25"W, 151.47 feet; 4.) N48°54'15"W, 9.09 feet to the POINT OF BEGINNING (2); Thence N48"54'15"W, 123.28 feet, continuing along said north easement line; Thence 26.34 feet along a 336.46 foot -radius curve to the left, whose chord bears N51 °OT41 "W, 26.34 feet; Thence 225.45 feet along a 4390.66 foot -radius non -tangent curve left whose chord bears N47°40'40"E, 225.43 feet; Thence N74°58'35"E, 50.05 feet; Thence N70"11'38"E, 84.00 feet; Thence S19°48'22"E, 8.81 feet; Thence 85.55 feet along an 82.00 foot -radius non -tangent curve right, whose long chord bears S10°04'48"W, 81.72 feet; Thence S39'57"57'W, 37.52 feet-, Thence N50°02'03"W, 84.00 feet; Thence S39°57"57W,130.00 feet; Thence S50°02'03"E, 84.00 feet; Thence S39°57'57"W, 96.08 feet to the POINT OF BEGINNING, Hoint OT Containing 49,042 square feet or 1.13 acres of land. Commencing Existing Rebar NE Comer Lot 5 Curve Table Curve # Length Radius Delta Chord Brg. Chord C1 24.41' 180,00' 007"46'06" N86"51'38"W 24.39' C2 126.46' 258.49' 028"01'45" N68'57'42"W 125.20' C3 20.63' 118.00' 010°00'54" N34"57'30"E 20.60' C4 26.34' 336.45' 004"29'09" S51"07'41"E 26.34' C5 225.45' 4390.66' 002"56'31" S47°40'40"W 225,43' C6 85.55' 82.c0' 059-46'27" N10"04'48"E 81.72' Line Table Line # Length Direction L1 28.33' S88°50'10"W L2 95.57' N39"57'57"E L3 19.00' S50°02'03"E L4 130.00' N39°57'57"E L5 19.00, N50"02'03"W L6 37.52' N39"57'57"E L7 264.47' 302"26'31"W L8 123.28' S48"54'15"E L9 50.05' S74°58'35"W L10 84.00' S70"11'38"W L11 8.81, N19°48'22"W L12 37.52' N39°57'57"E L13 84.00' S50°02'03"E L14 130.00' N39°57'57"E L15 84.00' N50"02'03"W L16 96.08' N39'57'57"R 0 1.00 SCALE: I' =100' Parcel No.: 765-29415-000 Lot 5, Forest Hills File No.: 2010-00001296 Lot 5, Forest Hills Easement Plat File No:0024-00000007 } Tree Preservation 7 01 Easement To Be /fir%I Relinquished /rA` % l�ZII <', J `,'},1}111IIIIQ�t.7J , � Sl'�� ' P.O.B.(2) Q.d.............. �i� N48°54'15"W STA-r fi 9.09, EOF -rs�. HKANSAS '•G No. 1698 1k UR ;a.. I,�,/i1111t11} E.20IVA 0' Existing 30' UIE u N c � < v A ti L=153.72'�r f CT L1 R= 15. C= 51.47' 47 CB= S65"56'25"E N56°52'08'W 36.20' SE Comer Lot 5 Lot 5, Forest Hills 11P MORRISON SHIPLEY Tree Preservation Easement zra r�o a ENGINEERS ■ SURVEYORS Relinquishment Exhibit• WAP- 54 ""'SE`a. ""'' 478273 - m°"'=°"'"'°�Y Fayetteville, Washington County, Arkansas ';"' Fayetteville, AR 765-07910-000 765-07825--000 CLUMALISA PAN, JQHk.NYR 765-078 fl- '000 Do 0 PAN, JOHNNY R CO r606 765-29421-000 765.29853-000 o 14 FOREST FULLS PARTNERS LLC 5919 765-075-12-000 765-07827-000 FOREST HILLS PARTNERS LLC ESPEJEL.'-V0VA RD 0 E PAN, JOiNNY R f4 765-07613-000 765-07828-GiDa- 765-29835-000 76.5,29836-000 SOSA PROPERTIES LLC BARNETT, CQRNELJA A 24-93 TRADE MARK HOMES I _LCTRA DE.Mt4RX HOMES LLC cc 765.29831-000 765.29334-000 765-29837-000 ro I 1 11 FOREST HILLS PARTNERS LL C TRA VE MARK HOMES LLC C TRADEMARK HOMES LLC C 765-W-814-000 765-07629-000,-, 765-29326-000 765-29833-000 FOREST HILLS PARTNERS LLCFOREST HILLS PARTNERS LLC 765-29638-000 PAN, JOHNNY R BEARD, MAl SHAAAIN FORESTHILLSPARTNERS Uc 765-29832-000 FOREST HILLS PARTNERS LLC 765.29639-00 rtr, 7( 6-29852-000 F6S-29826-000 FOREST HILLS PARTNERS LLC 4F FOREST HILLS PARTNERS LLC N 765m07615-000 =CREST HILLS PARTNERS LLC 765-29840-009 TORRES, RUBEN R EVA NGELINA 765-29830.000 FOREST HILLS PARTNERS LLC FOREST HILLS PARTNERS LLC 765-29841-000 QO cc FOREST HILLS PARTNERS LI-C 765-29844-000 FOREST HILLS PA R TNERS, jLL CFORES T HILL S PARTNERS LLC 766-07416-000 765-29843-000 f LACY, THOMAS SA LUANN SMITH 765-29649-000 FOREST HILLS PARTNERS LLC FOREST HILLS PA R TNER& L L C SOSA PROPERTIES LLC 70-29649-000 765-29847-000 FOREST HILLS PARTNERS LLCFOREST HILLS PARTNERS LLC S! co co 65-29850-000 SQSA PROPERTIES LLC -OREST HILLS PARTNERS LLC - 76&29852-000 Tf 5-29652-000 co 765-13741-000 '65-29851-000 24-93 FOREST HILLS PARTNERS LLC FOREST HILLS PARTNERS LLC 4�1 SHiL ON A PA RTMENTS A LIMI TEC -CREST HILLS PARTNERS LLC 765-07818-000)5 BALE, LESTg&W& PATRICIA F 7-88 765-13741-006 23A-340 765-14612-000 N CENTENNIAL BANK 23AA340 765-14612-000 CENTENNIAL BANK 765-14612-010 N SHILCH A PARTAIEN TS A LIMI TEL 23A- 340 .-j 23A-361 ,23A-34023A-340 765-14611-001 MOUNTAIN RANCH PARTNERS LLC MOUAVAIN RANCH PARTNERS LLC CENTENNIAL BANK '05-26900.000 .ENTENNIAL BANK March 14, 2016 1:2,257 a 105 210 420 ft Parcel Ownership Ott i 1 1 ,I I . i At?proximate area of 11 I 0 30 60 120 m Right -of -Way Abandoned IDedication re( nest APPROVED By Mike Morisette at 8:52 am, Feb 25, 2016 EXHIBIT G (continued) All that part of Lot 32 of the Townhomes at Forest Hills, a subdivision recorded in File No. 0024-00000093, Plat Records of Washington County, Arkansas, being more particularly described as follows: COMMENCING at an existing 1/2 inch rebar, with cap stamped "PLS 1507" at the Southeast corner of said Lot 32; thence N87'35'37"W, 305.67 feet along the South line of said Lot 32; thence NO2'24'23"E, 17.50 feet, leaving said South line, to a point on the North line of a 20 foot -wide utility easement, File 2010-00001296 of said plat records for the POINT OF BEGINNING; thence N87°35'37"W, 124.87 feet along said North line to the Southeast corner of an existing Tree Preservation Easement, as shown on said File No. 0024-00000093; thence NO2'24'23"E, 474.42 feet, along the East line of said easement to the Northeast corner of said easement, on the North line of said Lot 32; thence S88°05'20"E, 124.87 feet along said North line; thence S02'24'23"W, 475.50 feet, leaving said North line, to the POINT OF BEGINNING. Containing 59,308 square feet, or 1.36 acres of land.tr,tr —4 20' Utility Easement J File No. 2010-00001296 W. Persimmon Street �t�►� . ESS f©N��77'rr,� Q ` STATE OF KANSAS 0.1698 SIGNATURE :0 i� 100 SCALE: 1"=100' - Tree Preservation Easement Parcel No.: 765-29421-000 - Lot 32, Townhomes at Forest Hills File No.: 0024-00000093 Existing 30' Electric Easement NO2°24'23"E 17.50' N87'35'37"W 305.67' 8.71' MORRISON kol SHIPLEY Lot 32, Townhomes at Forest Hills Tree Preservation Easement 02l�+7�oic 24/ ENGINEERS ■ SURVEYORS Exhibit Pr -ow Pt+-- WAP—Ss �..�� ,�av�, . �.My ... ��ri CTA31]?lN• man�.M�.Y Fayetteville, Washington County, Arkansas D`p 14- RECEIVED NoRTHWESTAuANsAs MAY 0 2 2016 DemocratFaze&CTOFFAWSOTEVICE r e•.;i fiYi.. E'' I >. 1 n 1. a S F 1t r. 5 AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5861 Was inserted in the Regular Edition on: April 14, 2016 Publication Char es $ 98.80 ca*Lo Cathy Wile Subscribed and sworn to before me This 2, day of ", 2016. No ary Public My Commission Expires: **NOTE** WkKDN�7 D,OV£�'rr,� ' O cQ . ' NOi"i";i�Y p r sPL'Duc 412401379 [r .'•�_ . GInN C0 1\,'1 Ordinance: 5861 File Number: 2016-0139 TREE PRESERVATION AREA MODIFICATION AT FOREST HILLS: AN ORDINANCE TO VACATE PORTIONS OF A TREE PRESERVATION AREA TO FACILITATE DEVELOPMENT, TO PRESERVE THE BEST QUALITY, MOST SIGNIFICANT TREES AND TO DEDICATE A LARGER TREE PRESERVATION AREA WHEREAS, the initial Forest Hills Planned Zoning District was approved on June 3, 2008; and WHEREAS, Planet Hills LSD (a portion of Forest Hills PZD) was approved in April of 2012, and dedicated some undeveloped areas for tree preservation; and WHEREAS, future planned development of this area now referred to as the "The Flats" needs to modify the tree preservation area to allow for the development while still preserving the best quality, most significant trees, dedicating a larger preservation area than the one reduced and by the planting of ten additional trees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the vacation of a portion (1.13 acres) of the existing tree preservation area and its modification by accepting the dedication of a nearby 1.36 acres of tree preservation area and the planting often trees all pursuant to the agreed tree preservation plan submitted by the developer and approved by the Fayetteville Urban Forester in accordance with items 2, 3 and 4 in the Discussion section of the Urban Forester's memo. PASSED and APPROVED on 4/5/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73655658 April 14, 2016