Title: 2005 Agreement Between the City, Julian Archer, and Ward 4 Residents
***** Part 1 *****
In 2005, Julian Archer, only surviving child of Evangeline Pratt Waterman Archer, asked the City to rezone 72 acres on the east half of his inherited 144-acre Sassafras (Markham) Hill property so that he could build the Pratt Place Inn over his grandparents’ family home and run a commercial enterprise in a residential neighborhood. The rezone also addressed the activity at his Event Barn which was originally to be used only for horses.
Ordinance No. 4786 says “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.”
A few of the many conditions were:
1. Only one new residence. Located just southwest of the Event Barn. For the Pratt Place innkeeper.
2. No other new dwelling units permitted on the 72-acre PZD. Remain undeveloped.
3. “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.”
4. “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.”
5. Various restrictions on the hours, capacity, number of events per month, noise, traffic, etc. on the Pratt Place Inn’s restaurant and Event Barn so as not to disturb the residential neighborhood.
In summary, the residents agreed to the Pratt Place Inn and Event Barn commercial enterprise in their low density residential neighborhood and Julian Archer agreed to not develop the 72-acre PZD and so keep it a natural, undeveloped buffer. The City ordinance defined the arrangement.
For more details, continue reading.
Kit Williams, City Attorney, wrote a memo on September 27, 2018 responding to a requested review of the C-PZD approved in 2005. He explained that the City Council of 2005 was much more protective of neighborhood compatibility with proposed new developments. He said that in 2005, Planning staff addressed the neighbors’ opposition to any commercial development on Markham Hill within its Findings for the PZD:
“The rezoning request, combined with the Master Development Plan, retains an agricultural and residential feeling, even with the addition of the Inn and restaurant ... 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.”
“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 achieve an architectural appeal and further restricts the use of the subject property to much less density, traffic generation and other concerns than a single family residential subdivision of four units per acre would entail. The building location is optimal, sited interior to the site; tree preservation and conservation of nature amenities is addressed in the Statement of Commitments, and is a higher commitment than currently required …”
“The proposed use is a 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.”
Kit Williams continued his memo by noting that the 2005 applicant’s Statement of Commitments – Pratt Place PZD states in part: “Tree preservation is an integral part of this project. The main principal 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 place roads, building and parking lots in areas where trees are the least abundant.”
Kit stated, “In fact, most of the 72-acre PZD would remain untouched and undeveloped.”
***** Part 2 *****
Following are samples of the discussion in 2005 between the City Council, staff, and the residents. There was greater interaction than there is today. The City officials worked with the public and took their concerns seriously.
*** Excerpts from the Sept 20, 2005 City Council Minutes - First Reading ***
Alderman Marr: Has this been presented to a Ward 4 meeting?
Alderman Jordan: We did talk about this at the Ward 4 meeting and there were a few concerns. Outside music was a problem for some of the residents. The traffic was somewhat of a concern and if they would have a liquor license. Some of the concerns that I have are the water pressure. Will this take water pressure away from residents?
Jerry Kelso, Crafton, Tull and Associates: This will only use a small amount of water and should be alright.
Alderman Jordan: Most of the emails I have received have been relatively positive. Are they going to preserve some of the land?
Jeremy Pate: Tree preservation.
A discussion followed on when the barn was built on the property that it was not going to be used for any other use. They also discussed how this property has been used in the past.
Alderman Thiel said there are some good things about this project, but she has received several letters and comments.
Alderman Reynolds voiced his concern about some of the activities that have been taking place on the property.
John Williams stated he would not be against just a bed and breakfast, but he is concerned with other uses of this property. He is concerned about the increase in traffic and the expansion of the roads to that neighborhood. He gave the Council a list of his concerns.
William Landolt stated he is opposed to this proposal. He is concerned about the traffic. He is concerned about the areas that are not to be developed that those areas may be rezoned by a future Council. He is also concerned about the cutting of trees that has occurred and the erosion caused from rain.
William Feldman commended the Archers for their commitment to preserve the integrity of the property. He stated he is concerned about the number of people that might be using this commercial facility. He is concerned about the impact this will have to the residential neighborhood in terms of traffic and noise. He is concerned about the zoning change because it goes with the land not the owner; he asked if a subsequent owner could change the restaurant to a bar.
Albert Skiles, Architect for the project stated he appreciated the concerns. He stated the Archers have owned this property since the 1900’s. He stated this is an opportunity to preserve a part of history for Fayetteville by preserving this house. He stated the Archers have had many offers to subdivide this property and have potentially hundreds of houses there. He stated this is a giant park in the middle of Fayetteville. He said they have had meetings with the neighbors and the input has been taken into account. He said there will be a remote parking lot that will not be seen when you enter. The PZD defines what will be there.
Edward Hejtmanek a resident of Markham Road: There are good things about the project and I would like to see the area on top of Markham Hill left intact. The traffic problem in the area is a concern of his.
Felicia Farris a resident of Sang Avenue: She voiced her concern about the traffic and the types of events that could occur on this property. She is concerned about the noise this could produce and the hours the property would be open to the public.
*** Excerpts from the Oct 4, 2005 City Council Minutes - Second Reading ***
Jeremy Pate gave a brief update of the project. He stated this development would increase the traffic by 446 trips per day on an average weekday. The existing zoning of RSF-4 and R-A would allow for 207 dwelling units and would generate approximately 1,981 vehicle trips per day on an average weekday.
Alderman Lucas asked about the sewer problems.
Jerry Kelso, Crafton Tull and Associates: We are not aware of any sewer problems.
Kenneth Smith a resident said he would like the undeveloped open space to remain an open space. He would also like the track runners to be able to continue to run on the property. He stated he is in favor of this rezoning.
John McDonald, Track Coach, U of A stated they use the property. He stated they are allowed to run there for free.
Sandy Edwards, Associate Vice Chancellor for Development, U of A stated that throughout her dealing with the Archer’s she has been impressed with their initiative to maintain a strong and positive connection with the University. She stated they have improved the grounds by adding trees, landscaping, burying electric and phone lines and renovating buildings. They keep the grounds well maintained and available to the track teams. In dealing with the University the Archer’s have been responsive, caring and community minded. They have been insistent that we contact them when issues arise. She stated they encourage the Council to approve this request.
Ann Foster stated she helps the Archer’s with the Pratt Place barn. She stated she monitors the noise at various locations during events. She stated she has not been able to hear any noise when she does the monitoring.
Jamie Hall on Markham Road stated he believes he is the closest property on Markham Road to the Archer’s place. I agree with this PZD zoning. I have never noticed any noise from any events at the barn. I have noticed a little extra traffic but not enough to inconvenience me.
Felicia Farris on Haskell Heights voiced her concern about trees that have been removed from the property and the runoff caused by the tree removal. She voiced her concern about the barn that was built for horses but has been used for parties. She asked the Council to look at the property.
Doug Albert stated he has provided landscape services for the Archer’s for over 10 years. He stated the reason the trees were removed was to provide for the barn. They do not have horses at this time because the fencing is not complete.
Tim Crane, a resident stated he has had good experiences with the Archer’s but he feels there is reason to be careful. He stated in general he is in favor of this because of the alternative. He stated he is concerned about the removal of the trees and the damage to other trees. He does not want anything built on Planning Area 3.
Alderman Lucas stated that she would like to be assured that should this go forward that the sewer be studied around the property and below the property at the bottom of the hill.
Albert Skiles, Architect for the project stated there are complaints about increased traffic, we acknowledge that. The bottom line is this is an enterprise that is extremely low impact. A lot of these issues about the details of the project are handled through large scale development. What we are doing here is to approve or disapprove a template. I urge you to consider this as a matter of preservation of something that is very valuable to Fayetteville.
Lynn Wade on North Sang voiced his concern about the lack of the conservation easement. He asked if Planning Area 1 can be altered since there is no conservation easement to provide the protection that we have been promised. This is bringing a commercial activity into a residential area so please consider these issues in this rezoning.
*** Excerpts from the Oct 18, 2005 City Council Minutes - Third Reading and then tabled until Nov 1, 2005 ***
Alderman Marr: I would like to hear the public comment because we may hear things that may make us support or not support the amendments.
Lynn Wade stated he hoped this would be tabled tonight so they can get some answers to their questions. He stated they are concerned about a commercial activity in a residential area with alcohol and with an event barn. He stated they are also concerned about the amount of traffic this project might create.
Felicia Farris stated she would like to see an earlier end time on weekends to the hours of operation. She would rather not have the restaurant and alcohol. She also stated the road is narrow. She said a bed and breakfast and limited use of the barn would be acceptable but not the restaurant.
Mary Bassett stated she has known the Archers and represented them during the past year and a half. She stated the land has been in the family since the 1900’s. She stated it would be very easy to sell this property. She thinks this project would be a wonderful addition to Fayetteville. She supports the project. She also stated the Archers have had high integrity since she has worked with them.
Fran Alexander stated she and her daughter own some adjoining property. She asked if the public could ask for a down zoning on this in the future.
Kit Williams: I don’t think the public could, the City Council has the right to rezone property. Until it could be rezoned the property would have to remain as described in the master planning They must follow what is on the site plan and all the conditions of approval, if they did sell it they would have to sell it to someone that would want to do the exact same thing.
*** Excerpts from the Nov 1, 2005 City Council Minutes - last discussion and vote ***
Jeremy Pate, Director of Current Planning: Staff received correspondence from the neighborhood as well as from the applicant on additional conditions of approval for this potential Planning Zoning District that’s been requested. Staff has taken a look at those and pulled out what we thought was appropriate for this Planned Zoning District. I will remind you that we are recommending approval for this project. We did establish conditions of approval and in the meetings since there have been some questions raised and so there are further clarifications and additional conditions of approval for this project. The project would need to be amended to include these if the Council so desires and I’ll go through those generally both for your benefit and for the public. There are nine additional conditions.
He gave a brief description of the project and each condition of approval.
Alderman Marr: Were there any conditions that the neighbors brought forward or that the Archer’s brought forward that are not a part of these nine that you’ve outlaid?
Jeremy Pate: Yes, and that was my charge to try to wager both of those and try to pick out what I felt was appropriate as a staff member looking at a zoning item. There are certain items that we would never look at in zoning criteria in these conditions of approval. I felt the most appropriate was hours of operation as a commercial venture. I thought it was appropriate to address hours of operation, noise, and restaurant capacity …
Alderman Jordan: Is there a difference in a barn that is built for horses and then using that same barn for functions with people?
Jeremy Pate: It goes back to building code issues and what kind of occupancy. As a barn it probably meets code for a barn, however for assembly occupancy it does not and we have verified that to our building officials and the Fire Department and sent a violation notice. They’re currently working through Crafton and Tull to get the correct plans and the correct information to the city to analyze, evaluate and ensure that those improvements are made prior to any other development on this site.
(more discussion followed)
Alderman Reynolds stated that we just keep eating away at the good old neighborhoods and in all of my years in Fayetteville this is probably the most desirable place that I would want to live and I don’t think that you need bars and restaurants in those nice old neighborhoods so I’m not going to support this.
Alderman Lucas: I know what you’re saying Swifty but again this is going to be an Inn and a restaurant. The Event Barn is there. It seems to me that with all the development we have going on in Fayetteville that this is one way to protect this area. They are leaving Markham Road from the last houses there up to their Inn; they are leaving it green space. To me that’s great. When you drive up that road it’s like you’re driving up into the country and I just hope we can preserve it that way. I hope in five years that the Inn goes so that it never changes. I think it’s a good project for that area. The Archer’s don’t live here so I am impressed that they are trying to save this hill. I appreciate the staff and the neighbors for all the work that has gone on. I am going to support it.
Alderman Jordan stated that when he looked at this project, he realized what we could have. What we could have right now with the Archer’s proposal is a five-star inn and then 500 trips per day with tree preservation or have to look at 200 houses with no guarantee of any preservation. When I compared the two, I think the Archer’s proposal is a better proposal with the amendments that we’ve put on and therefore I will support it also.
Alderman Thiel: I agree with Swifty. I really am concerned about adding an establishment like this but then I have to agree with Shirley and Lioneld. When I look at the trips that could be generated from development as this could be developed out, that really concerns me. This does seem like the intent is to preserve it and with the PZD it is not a straight rezoning, but it is a zoning unique to this area. I will support it.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
#SaveMarkhamHill #PreserveFayetteville #KeepFayettevilleForested #MarkhamHillHistory
First photo:
The right half of the black outlined area is the 72-acre PZD created in 2005 which basically guaranteed preservation of that entire acreage. This was overturned in 2018 when the new City Council rezoned for development in spite of great public opposition. A future weekly will describe that.
Second photo (if it shows up):
Front page of the ordinance defining the 2005 PZD preserving the east 72 acres of Julian Archer's inherited 144 acres on Markham Hill. If you would like me to email you the entire document, let me know. Lisa_m_orton@yahoo.com