A G E N D A SILOAM SPRINGS BOARD OF DIRECTORS NOVEMBER 6, 2018 BOARD MEETING / 6:30 PM
WORKSHOP – BUDGET – 5:30 PM
Regular Board of Directors Meeting: Opening of Regularly Scheduled Meeting Call to Order Roll Call Prayer Pledge of Allegiance Approval of Minutes Regular Meeting of October 16, 2018 I. Public Input Items from the Public not on the Agenda (public may address any City business not listed on the agenda) II. Regularly Scheduled Items Ordinances A. Ordinance 18-24 / 3rd Reading / Creating Chapter 53 (Landscaping Code) and amending Chapter 102 (Zoning Code) Resolutions B. Resolution 37-18 / Deed Restriction for Stream Mitigation Improvements / Sager Creek Property C. Resolution 38-18 / Determining Sales Price for Historic Post Office Staff Reports D. 3rd Quarter Board Goals E. Administrator’s Report III. Directors Reports IV. Adjournment
MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD OCTOBER 16, 2018
The Board of Directors, of the City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs’ Administration Building on October 16, 2018.
The meeting was called to order by Mayor John Turner.
Roll Call: Johnson, Smiley, Beers, Carroll, Coleman, Burns and Smith - Present.
Also present: Phillip Patterson, City Administrator; Jay Williams, City Attorney; Renea Ellis, City Clerk; Jeremey Criner, Fire Chief; Jim Wilmeth, Police Chief; Christina Petriches, Finance Director; Steve Gorszczyk, Public Works Director; Justin Bland, City Engineer, Don Clark, Community Development Director, and Ben Rhoads, Sr. City Planner.
Opening prayer was led by Director Beers.
Mayor Turner led the Pledge of Allegiance.
A copy of the October 2, 2018, minutes of the regular meeting had previously been given to each Director. A motion was made by Smiley and seconded by Coleman to approve the minutes. Turner called for a voice vote. Motion passed unanimously.
Public Input: Carl Bolden, 624 N. Wright, expressed concern regarding rezoning from single- family to multi-family in his neighborhood. Wayne Mays, 506 S. Elm, reminded the audience of the Candidate forum on October 23rd at the Siloam Springs High School Seminar room from 6:30 to 8:30 pm; and early voting started October 22nd. Steve Herrod, 620 Hwy. 16 E., stated his displeasure with the owners of his apartment complex; their raising rent, cessation of spraying for pests and lack of grounds maintenance.
Item A: Engineering Contract / E. Main Street Improvements / Crafton Tull Engineering / $128,570. Don Clark briefed the item. David Allen, 1600 Villa View, asked who was on the committee in charge of choosing the engineer and how stakeholders were chosen. Clark addressed the questions. Tyler Carroll, 102 S. Carl, expressed his thanks and appreciation for moving forward with this project. Morgan Scholz, 312 S. Wright, asked that when providing information to the citizens on East Main, that it be available in English and Spanish. After comments from the Board, a motion was made by Smiley and seconded by Coleman to approve the item. Motion passed unanimously.
Item B: Contract / Public Works Department / West Siloam Springs Water Sales Renewal. Steve Gorszczyk briefed items B and C simultaneously. Following questions from the Board, a motion was made by Johnson and seconded by Burns to approve the contract. Motion passed unanimously.
Board of Directors Meeting Minutes Page | 2 October 16, 2018
Item C: Contract / Public Works Department / West Siloam Springs Wastewater Services Renewal. A motion was made by Beers and seconded by Coleman to approve the contract. Motion passed unanimously.
Item D: Contract / Public Works Department / Water Division / Change Order / Kimery Painting / $30,353. Steve Gorszczyk briefed the item. A motion was made by Burns and seconded by Carroll to approve the change order. Motion passed unanimously.
Item E: Bike Lane Pilot Project. Phillip Patterson briefed the item. David Allen, 1600 Villa View, asked what the cost to citizens would be; the possible issues with emergency vehicles; and how the project was presented to the city. Andre Broquard, 524 S. Elm, said he was very supportive of the project, but cautioned about removing too many stop signs. After lengthy discussion by the Board, a motion was made by Burns and seconded by Beers to approve the project with Staff’s recommended conditions. Motion passed 6-1, with Coleman being the no vote.
A brief recess was called. Meeting resumed at 8:34 pm.
Item F: Ordinance 18-24 / 2nd Reading Creating Chapter 53 (Landscaping Code) and amending Chapter 102 (Zoning Code). Ben Rhoads briefed the item. A motion was made by Johnson and seconded by Carroll to place Ordinance 18-24 on its second reading, suspending the rules and reading title only. Motion passed unanimously.
An ordinance entitled: An Ordinance Updating Landscaping Regulations for the City and Establishing Chapter 53, Landscaping, of the Siloam Springs Municipal Code; was read on its second reading.
Item G: Resolution 35-18 / Economic Development Incentives for New and Expanding Industries. Phillip Patterson briefed. A motion was made by Smiley and seconded by Carroll to approve Resolution 35-18. Motion passed unanimously.
Item H: Resolution 36-18 / Utility Easement Grant / Community Development / Airport Division / Black Hills Energy. Justin Bland briefed the item. A motion was made by Beers and seconded by Burns to approve Resolution 36-18. Motion passed unanimously.
Item I: Highway 412 Median Landscape Plan. Don Clark briefed the item and thanked those who had helped with the project.
Administrator’s Report: Patterson pointed out that a copy of the August financials had been given to each Director; stated an update of the 3rd quarter goals would be sent to the Directors and Director candidates; advised Fall Clean Up begins the week of October 22nd; reported an Expenditure in the Water Department for Inventory/General Line Extension (12” Water Pipe) in the amount of $36,828.00; addressed the H-1 Overlay / Zoning Code Update; advised that all city staff had received CPR and AED Training, and that AEDs had been installed in City Hall; Community Development; City Maintenance Shop; Library; Airport; Animal Shelter; Aquatic Board of Directors Meeting Minutes Page | 3 October 16, 2018
Center; Electric Department Building; Parks & Rec Building; Sanitation Building; Public Works Building; Wastewater Building; Water Treatment Plant; and Community Building; reported on the Grey Parking next to the History Museum has been completed and includes roughly 14 new parking spaces, and hoped to have it open by Halloween; reported that September Sales Tax for the city were down 23% for the month and up 0.1% for the years; and were up 3% for the month with the county and 15% for the year; reminded everyone early voting is Oct 22nd and votes can be cast at the County Clerk’s office or the Community Building during those dates with Election Day being November 6th with voting taking place at our local Benton County Clerk’s Office, 707 South Lincoln, or any Benton County polling location.
Mayor thanked Director Smiley for filling in for him at the last meeting.
Directors Reports: Beers expressed his appreciation to first responders; said he was a new grandpa for the 5th time; and thanked the candidates for being here. Burns pointed out that the Museum fundraiser, Tap into History, was taking place this weekend; thanked staff for looking into revisions to the H-1 zoning code; and pointed out the Gray parking lot was almost completed and the tree was saved. Johnson said he appreciated city workers; thanked the Walton Family Foundation for their generosity; pointed out on the 22nd there would be a Republican Women’s Meeting would be held at 7:00pm, at the old Arkansas State Bank building. Smith spoke about hard surfaces and the effect they have on water percolating into the soil; and expressed her appreciation for Landscaping Ordinance and thanked Don Bunker and Ron Homeyer for their input. Smiley encouraged everyone to attend the candidate forum; to watch out for kids Downtown during Halloween; said there was good Board discussion. Coleman made a motion to go into executive session which was seconded by Smiley. Patterson suggested the Budget discussion continuation be resumed at the next Board meeting. The Board retired into executive session at 9:08 pm. The meeting was reconvened at 9:59 pm. A motion was made by Beers and seconded by Coleman to retain Patterson with a 2% pay increase. Motion passed unanimously.
A Motion to adjourn was made by Coleman and seconded by Smiley. A voice vote was called on the motion. Motion passed unanimously.
Meeting adjourned.
APPROVED: ATTEST:
Renea Ellis, City Clerk John Mark Turner, Mayor
{seal}
STAFF REPORT
TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: September 12, 2018 RE: Ordinance 18-24 / Creating Chapter 53 (Landscaping Code) and amending Chapter 102 (Zoning Code)
Recommendation: Place Ordinance No. 18-24 on its ___ (1st, 2nd, or 3rd) reading, suspending the rules and reading by title only.
Background: The City desires to create Chapter 53 of the Municipal Code regulating landscaping and amend sections within Chapter 102 (Zoning Code) pertaining to the same subject matter. The reasoning behind the requested changes is outlined in the attached Planning Commission memorandum. The Planning Commission reviewed the code change at the September 11, 2018 regular meeting. The Commission voted in favor by a 6-1 vote for the proposed change.
Fiscal Impact: None anticipated.
Attachments: Staff report to Planning Commission Attachment “A” to Planning Commission staff report Ordinance No. 18-24
STAFF REPORT
TO: Planning Commission FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: September 6, 2018 RE: Adopting Code Chapter 53 (Landscaping Regulations)
Recommendation: Approval of the Code change.
Background: Starting early this year, City staff was asked to put together enhanced landscaping regulations, establishing a new chapter in the City Code. The regulations are in response to the need to better address landscaping in terms of water run-off, community ascetics, improved water and air quality, and general environmental stewardship. After an initial draft was crafted by staff and guided by a steering committee, staff presented the regulations to the development community for their feedback. The regulations were well received, and final changes were made to the draft regulations by mid- summer.
The proposed regulations follow the same format as other Code chapters. This is as outlined below: 53-1. Introduction 53-2. Definitions 53-3. Landscaping regulatory application 53-4—53-10. Reserved 53-11. Site regulations 53-12—53-15. Reserved 53-16. Planting and landscaping regulations
In addition to the new Code chapter added, the ordinance amends Chapter 102 (Zoning) as follows:
• Sections 2 & 4. Maximum lot coverage in the C-2 and I-2 zones was decreased from 85 percent to 80 percent. • Sections 3 & 5. Maximum open space in the C-2 and I-2 zones was increased from 15 to 20 percent, the inverse of the lot coverage. • Section 6. Interior parking landscaping increased from 5 to 6 percent for lots 12-50 spaces, and greater percentages as shown in the ordinance for lot over 50 spaces. • Section 7. Added section on required dumpster screening for multi-family and commercial projects.
The regulations are designed to impact large-scale commercial and residential projects, not individual home owners. As with any ordinance, the regulations will be applied to commercial and large-scale residential development applications received after the regulations go into effect, which is projected to be on December 6, 2018 (this assumes three readings of the ordinance). The primary function of the ordinance is to require trees and shrubs to be planted along the fronts and sides of a development plot, and it also increases the parking lot tree islands both in the overall percentage of the parking lot as well as the frequency these must occur. Exceptions are built in for projects occurring within the H-1 or H1- DT overlay zone districts, as properties in these districts are typically constricted, not permitting space for additional landscaping treatments.
The ordinance goes beyond simply mandating landscaping, it also assists the user to know what species of plant to use and requires irrigation so that landscaping assets are not lost within the first critical years after plant material is installed. Effort was given to offer alternatives from typical plantings, occurring within the south and mid-west, so the code user can choose from a variety of Arkansas natives and plant native grasses and flowers. No part of these regulations is intended to interfere with the City’s utility network, particularly overhead powerlines. There are provisions in the planting spacing as well as the correct species, typically dwarf variety, so trees or shrubs do not cause problems with underground or above ground utilities in the future. Finally, the regulations make use of a robust incentive program that will reward the developer either by reducing his required parking or by reducing the application fee if certain actions occur, such as preserving existing trees on the lot prior to it being cleared for development. Staff beta tested several existing approved projects to determine if the regulations would work on them. As a result of these tests, the proposed code was adjusted to better inform the user of the spacing requirements and other details. Staff believes these regulations will greatly enhance the aesthetics and general quality of life within Siloam Springs as the community continues to grow.
Fiscal Impact: None anticipated.
Attachments: Attachment A: Redacted Ordinance Chapter 102 Proposed Ordinance
Attachment “A”
Chapter 102 Redaction
Chapter 102 of the City Code (“Zoning”) is hereby amended as follows (added terms are underlined; deleted terms are struck-through):
Sec. 102-53(e)(4) Maximum lot coverage. 85 80 percent
Sec. 102-53(f)(2) All open space shall include lawn, shrubs, or trees, without structure or pavement, covering of a minimum of 15 20 percent of the total surface area of the lot or development of which 7.5 10 percent shall be visible from the front or sides of the lot as seen from the addressed access right-of-way.
Sec. 102-55(e)(4) Maximum lot coverage. 85 80 percent.
Sec. 102-55(f)(2) All open space shall include lawn, shrubs, or trees, without structure or pavement, covering of a minimum of 15 20 percent of the total surface area of the lot or development of which 7.5 10 percent shall be visible from the front or sides of the lot as seen from the addressed access right-of-way.
Sec. 102-76(4) Twelve or more, shall be landscaped at least five percent of the gross interior parking area, which landscaping shall include trees, and shall not include areas containing otherwise- required landscaping, screening, or setbacks. Parking lot landscaping is required as follows: a. 12-50 spaces: 6 percent of gross interior parking area; b. 51-150 spaces: 8 percent of gross interior area; and c. 151 and greater spaces: 10 percent of gross interior area. Landscaping shall include trees and shall not include areas containing otherwise-required landscaping, screening, or setbacks;
Sec. 102-87. Dumpster Screening. Solid waste commercial and multi-family residential dumpsters must be enclosed with opaque screened materials on all sides. Vegetative screen may not be applied for this purpose. ORDINANCE NO. 18-24 AN ORDINANCE UPDATING LANDSCAPING REGULATIONS FOR THE CITY AND ESTABLISHING CHAPTER 53, LANDSCAPING, OF THE SILOAM SPRINGS MUNICIPAL CODE. Whereas, to help meet the needs of those applying for development review, City staff has recommended creating a new chapter within the Municipal Code consolidating regulations into a single ordinance focused on landscape requirements and updating related City zoning regulations; and Whereas, the proposed amendments are further aimed to meet the goals of a greener, more attractive city with reduced heat, noise and air pollution; and increased property values; and Whereas, City staff solicited and received public input; and Whereas, the following amendments, based on staff research into community needs and contemporary community landscaping regulations, have been reviewed by representatives of the development community and the general public; and Whereas, a public hearing on the proposed changes was held on the 11th day of September, 2018, before the City of Siloam Springs Planning Commission; and Whereas, City staff has endeavored to incorporate relevant public input where appropriate; and Whereas, the following amendments to the municipal code are hereby found to be in the best interests of public safety, and of the City’s aesthetic appearance, and of the orderly growth and economic well-being of the City; Now Therefore Be It Enacted, by the Board of Directors of the City of Siloam Springs, as follows: Section 1. Chapter 53 of the City Municipal Code (“Landscaping Code”) is hereby established as follows: Sec. 53-1. Introduction. The goal of the landscaping ordinance is to enhance the City’s beautification, environmental stewardship, and water quality. If any conflict arises between the green space or landscaping regulations of Chapter 102 (zoning) of this Code and this chapter, the more restrictive regulation shall apply. Sec. 53-2. Definitions. Berm means an earthen mound designed to provide visual interest, screen views, and/or decrease noise. A berm must be at minimum 2.5 feet higher than the finished grade elevation of any adjacent parking lot or drive surface. Canopy means the aboveground dense ceiling of closely spaced trees or plants formed by plant crowns and their branches. Caliper means the measurement of the tree’s trunk diameter at breast height (DBH), which is measured 4.5 ft. above grade, for established trees. If the tree has a branch or a bump at 4.5 feet, measure the diameter immediately below or above the branch/bump. When the trunk splits less than 4.5 feet from the ground, measure the smallest circumference below the split. For nursery trees the diameter measurement is made 12 inches above the tree’s base.
Ordinance 18-24 Page 1 of 15 Coniferous means trees or shrubs bearing cones and evergreen leaves. Crown means the totality of a plant's aboveground parts, including all branches and leaves. Deciduous means a plant with foliage that sheds annually. Developer means an individual, group of individuals, or entity who finances the improvement of undeveloped land or the renovation of an existing building into a beneficial land use or a real estate endeavor. Development means any manmade change to improved and unimproved real estate. Dominant Existing Trees means the existing healthy trees on a lot which have a minimum 6-inch caliper. Easement means a land usage grant from a property owner to a public or private entity for a specific purpose or purposes. Frontage means the portion of a building lot that is situated on the lot face which either abuts the principal access right-of-way or the front building setback line. Green Space means the portion of the lot that consists of pervious area. Irrigation System means a permanent, artificial water system designed to transport and distribute water to lawns, trees, and shrubs. Installer means an owner, contractor or other individual or entity who is responsible for the installation of any or all parts, pieces, features or other aspects shown within a landscaping plan. Inspector means an individual on staff with the City government responsible for ensuring that all aspects of the landscaping plan are designed and installed correctly; according to said plan’s specifications and City codes. Impervious Surface means any natural or manmade surface that prevents the absorption of water into the ground. Invasive Plants means a non-native plant species that has spread into native or minimally managed plant communities that cause economic or environmental harm by developing self-sustaining populations and becoming dominant and/or disruptive to native plant species. Landscaping means any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, or grass; natural features such as rock, stone, bark chips or shavings; and structural features, including, but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences, arbors, or benches. Landscaping Area means the area of a lot or parcel where landscaping regulations are applied. Landscaped Plan means a scaled plan that clearly delineates vehicular use areas and displays and describes all landscaping, including methods of irrigation, installation, and maintenance of landscaped areas. Lot Frontage Area means the greenspace buffer area or any other natural surfaces that exist at the front of the lot, normally facing the addressed right-of-way, situated before the parking lot or building.
Ordinance 18-24 Page 2 of 15 Native means a plant species that originates, and grows in the wild, in or near the environs of Siloam Springs, Arkansas or native to USDA hardiness map Zone 6b or 7a. Native Plant Community means a natural association of plants dominated by one or more prominent native plant species or by characteristic physical attributes. Opaque means unable to see through; not transparent. Open Space means the unoccupied portion of a lot or building site, containing no vehicular parking, that is open to the sky and may or may not contain landscaping, landscaping structures, or outdoor recreation facilities. Ornamental Tree means a tree grown for the beauty of its foliage and flowers rather than its functional reasons, such as shade or screening. Parking Lot Island means a planting area within any parking lot, usually curbed, placed to limit paving (impervious surface), preserve existing vegetation, control traffic, increase aesthetic quality, and to provide areas for landscaping and planted trees. Perimeter Landscaping Strip means the landscaped area that separates a lot’s use area from adjacent property and/or public right-of-way, in which landscaping is used to provide a transition and to reduce the visual impacts between two land uses. These are usually located on the sides or rear of the lot, and when the grade is appropriate, designed to receive the sheet water flow exiting the same site. Screening means a decorative, solid-faced fencing, walls, earthen berms, or dense vegetation used for concealing the view of areas behind such fencing, walls, or vegetation. Shade Tree means a tree grown specifically for its shade. This term usually applies to larger trees with spreading canopies. Street Tree means a tree growing between the sidewalk and curb, or within a sidewalk cut-out, or otherwise within a designated right-of-way. Rain Garden means a landscaped depression that allows rainwater runoff from impervious surfaces the opportunity to be absorbed into the ground. Reviewer means an individual or individuals on staff with the City government responsible for reviewing all aspects of the landscaping plan to ensure that the plan is compliant with the landscaping ordinance. Riparian Corridor means a strip of land and vegetation that interfaces between land and a stream or other body of water. Shrub means a low woody perennial plant usually having several major stems. Vegetative Buffer Zone means a portion of a lot that contains existing or planted vegetation that is of a density to create an opaque buffer at full foliage. Sec. 53-3. Landscaping regulatory application. (a) Landscaping Plan. The following aspects must be shown on the landscaping plan. (1) Site details. a. Parking lot location. b. Building footprint.
Ordinance 18-24 Page 3 of 15 (2) Vegetation details. a. Existing vegetation. b. Preserved vegetation. c. Existing tree preservation plan. (3) Proposed vegetation. a. Common and botanical names. b. Tree caliper. c. Tree and shrub container size and type (if applicable). (4) Additional plan requirements. a. Irrigation method. b. Vegetation installation details. c. Standard surveying site plan features including, but not limited to, north arrow, date, etc. (5) Legend of plant category symbols keyed to general plant material schedule indicating quantities of each plant category and a listing of plant species (include Latin name) included in each category. Plant species shall be labeled and grouped by their respective water needs rating (high, medium, or low). Water ratings to be determined by the plant species and planted location. (b) Regulatory Applicability. (1) New Development. All significant development permits, and all development on previously vacant lots requiring a building permit, within the C-1A, C-2, R-4, I-1, I-2, and G-I zone districts shall comply with these landscaping regulations. (2) Additions and Remodels. Any building addition in the C-1A, C-2, R-4, I-1, I-2, and G-I zone districts is subject to the provisions of this chapter when the addition or remodel is valued at or above 50 percent of the value of the original structure, prior to any alterations, and if the addition and/or remodel includes exterior site improvements or alterations, including, but not limited to, new parking lots, driveways, or sidewalks. (c) Small Scale Development. New small-scale commercial or institutional developments, not considered in any way as a remodel or addition, which are less than 5,000 square feet in building area and less than 20,000 square feet in new lot coverage area, that occur within the C-1A, C-2, R-4, I-1, I-2, and G-I zone districts are subject to the following abbreviated landscaping standards: (1) Lot Coverage. No lot may be covered by over 80 percent of impervious surfaces, unless it is in the H-1 or H1-DT zone. (2) Lot Frontage Area. a. A minimum of one planted tree per street frontage. b. A minimum of 1 shrub/10 feet of lot frontage area.
Ordinance 18-24 Page 4 of 15 (3) Parking Lot. If the parking lot has less than 12 spaces, no internal landscaping is required. Larger parking lots are subject to standard internal landscaping requirements, as required in chapter 102-76 of the Municipal Code. (d) Exemptions. (1) Any development with 80 percent or higher lot coverage that is located in the H1-DT or the H-1 overlay zones is fully exempt from landscaping regulations. (2) Any development not located in the C-1A, C-2, R-4, I-1, I-2, or G-I zones, however any incentive as listed under subparagraph (e) (below) may still be applied for development projects occurring in other zone districts. (3) For any landscaping standard that cannot be attained due to physical hardships existing on the lot, the developer may apply to the Board of Adjustment for a variance. The administrator or his designee shall issue an opinion on the merits of the hardship for any variance within this section of the Municipal Code. (e) Incentives. Any combination of incentives, or parking reduction assigned by the permitting authority, shall not total more than a 40 percent reduction of the otherwise required parking spaces. Similarly, cumulative development permit fee reductions shall not exceed 25 percent of the total fee. A combination of parking space and fee reductions may be applied on a single project as reasonably determined by the City Administrator or his designee. (1) If the developer adds additional shrubs to the perimeter or front landscaping area, the developer may reduce parking requirements by one parking space for every 10 shrubs added or may reduce the development permit application fee by 5 percent for each additional 10 shrubs added. (2) If the developer adds additional islands to the interior lot area, the developer may reduce parking requirements by 1 parking space per added island, or may reduce the development permit application fee by 2 percent for each additional island added. Islands must meet minimum size requirements found in Sec. 53-11(e)(4)(b) of this chapter. (3) If the developer adds flowers or flowering shrubs, the developer may reduce parking requirements by 1 parking space for every 100 square feet of irrigated flowerbeds and or flowering shrubs beds or may reduce the development permit application fee by 5 percent for every 100 square feet of irrigated flowerbeds or flowering shrub beds. (4) Parking space reduction for healthy tree preservation is as follows in Table 1: Table 1 Parking Space Reduction Credits Total Caliper per each Number of Parking Spaces Preserved Tree (inches) Credited per Tree 4 – 7.9 1 8 – 22.9 2 23 – 29.9 3 30+ 4
Ordinance 18-24 Page 5 of 15 (5) If the developer increases any landscaping requirement by 100 percent, he may increase the building height limit by 10 feet or decrease front setback by 10 feet. The building height, as applied through this incentive, shall not exceed 45 feet and the front setback, as applied through this incentive, shall never be decreased to less than 30 feet from the front property line. (6) If the developer uses 50 percent native flowers and/or grasses (listed in Table 3) within the total landscaping provided, the developer may reduce the total parking required, or may reduce the development permit application fee, by a factor of 10 percent. The parking reduction may exceed 10 percent if the same factor is applied for an additional 10 percent of native flowers or grasses. For example, 60 percent of native flowers and/or grasses would allow for a 20 percent parking reduction. (7) Parking reduction incentives within subsection (e), above, may be combined with otherwise granted parking reductions through the Zoning Code, provided that the accumulative reduction applied does not exceed 40 percent of the total required parking. (f) Review and inspection process. (1) All installed materials must conform to the landscaping plan specification, as determined by the inspector. (2) All landscaping, as indicated in the landscaping plan, shall be fully installed and irrigated at the time of Certificate of Occupancy or final inspection. All irrigation must be tested by the inspector for final approval. (3) During winter months, or conditions when it is not suitable for planting, the property owners shall bond for the uncompleted work, with the condition that required landscaping be installed within 180 days after the bonds are issued. Secs. 53-4—53-10. Reserved. Sec. 53-11. Site Regulations. (a) General Lot Coverage. The maximum lot coverage for any lot shall be 80 percent unless it is in the H-1 or H1-DT zones or unless a lower percentage is required in the base zone standards in Chapter 102, Article VI. (b) Existing Tree Preservation. Any existing tree in good health, as determined by a certified arborist or tree specialist, that is a non-invasive species, may be credited to the developer as a required tree as shown below. (1) Application: a. A ratio of 1 preserved tree under 24 inches in caliper diameter to 1 required tree. b. A ratio of 1 preserved tree over 24 inches in caliper diameter to 2 required trees. c. The preserved tree must be heathy and located on the same property. (2) Protection. Any trees that are to be preserved for credit shall be protected from the following hazards: a. Mechanical injuries to the roots, trunk, and crown. b. Injurious chemicals or herbicides. c. Excavations affecting tree roots.
Ordinance 18-24 Page 6 of 15 d. Paving, or excessive earthwork, within drip line of the tree(s). (c) Frontage Area Landscape Buffer. (1) Trees. a. 1 street tree shall be planted (selected from the approved tree list, see Table 2) for every 40 linear feet of uninterrupted pervious lot frontage. Within a continuous, uninterrupted, planting strip, shade trees shall be spaced evenly apart and as required in Table 2. This requirement may be waived or modified whenever street trees would unreasonably interfere with power lines or other utilities. See Sec. 53-16 (h), below. b. 1 ornamental tree shall be planted (selected from the approved tree list, see Table 2) for every 40 linear feet of uninterrupted pervious lot frontage. Within a continuous, uninterrupted, planting strip, ornamental trees shall be spaced evenly apart and as required in Table 2. c. Street and ornamental trees shall be spaced apart as appropriate so neither interferes with the other’s mature growth and general health. (2) Shrubs. a. 5 shrubs (selected form the approved shrub list, see Table 4) shall be planted for every 40 linear feet of street frontage. Shrub spacing is based on the species of shrub. b. At least 50 percent of shrubs must be evergreen / non-deciduous. (3) Right-of-Way plantings. Trees and shrubs may be planted in the right-of-way abutting the property, when authorized by the City administrator or his designee, if the trees and shrubs clear utilities as specified in this chapter, and it is technically impossible or detrimental to the survivability of the plant material to plant in the greenspace buffer. (4) Berms. 2 shrubs for every 40 linear feet of lot frontage on berms. (5) Groundcover. Landscaping buffer strips shall be covered with planted grass or planted groundcover vegetation, including, but not limited to, native flowers as listed in Table 3 on 80 percent or greater of the strip’s area. Gravel, concrete, brick pavers or other impervious surfaces are prohibited in strips unless they are needed for lot accessibility. (d) Perimeter Area Landscape Buffer (lot sides and rear). (1) Dimensions. A minimum 6 feet wide landscaped strip is required along the sides of the lot, unless stated as otherwise in Sec. 102-47(f)(1), 102-48(f)(1), 102-49(f)(1), 102-52(f)(1), 102-54(f)(1), 102-55(f)(1), and 102-56(f)(1) of the Code. (2) Groundcover. The perimeter landscaping strips shall be covered with grass or planted groundcover vegetation, including, but not limited to, native flowers as listed in Table 3. No more than 20 percent of this strip may be covered with organic mulch. (3) Landscaping. Within the landscaping buffer strip, there shall be 1 shade tree planted for each 50 linear feet of side lot length. Trees shall be spaced evenly apart and as required in Table 2.
Ordinance 18-24 Page 7 of 15 (4) Rear area. If the rear of the lot is visible from any right-of-way, the rear shall be landscaped using the same standards as the side perimeter areas. (5) Paving. No pavement may extend inside the 6 feet landscaping strip unless it is a driveway or sidewalk for ingress/egress purposes. (e) Interior Area. (1) Calculating area. Interior parking lot green space may include islands and grass corner areas within the parking lot. Excluded areas include driveways and aisles with no parking spaces, building footprints, street frontage buffers, and perimeter landscaping strips. (2) Parking Lot Landscaping Area. The gross interior of a parking lot area shall be landscaping as follows: a. 12-50 spaces: 6 percent of gross interior area. b. 51-150 spaces: 8 percent of gross interior area. c. 151 and greater spaces: 10 percent of gross interior area. (3) Interior Island Landscaping. a. Interior islands must be landscaped with deciduous trees. b. Trees must be planted with a minimum of 4 feet clearance between the trunk and outer edge of the adjacent parking stall. a. If additional parking islands are installed beyond the provisions shown in subparagraph (4) (below) and (2) (above), plantings may include trees, shrubs, or a vegetative ground cover. (4) Interior Island Dimensions. a. 1 parking island for every 20 parking spaces per row must have an interior island with a deciduous tree. b. Minimum width is 9 feet, if parking island contains a tree. c. Minimum width is 3 feet, if parking island contains a light pole or shrubs. (f) Vegetative Buffer Zones. (1) Dominant Existing Trees. If 30 or greater healthy (as determined by a certified arborist or tree specialist) existing trees are preserved, and the lot frontage greenspace buffer or perimeter area landscaping strip is increased by 150 percent, all other landscaping requirements to which the lot is subject may be reduced by 50 percent. (2) Screening. The existing “Vegetative Buffer Zone” may be used for screening between lots of incompatible uses as specified in the Siloam Springs Zoning Code, sections 102-47(f)(1), 102-48(f)(1), 102-51(f)(1), 102-52(f)(1), 102-53(f)(1), 102-54(f)(1), 102-55(f)(1), 102-56(f)(2), and 102-58(f)(1). (g) Detentions and Retention Basin. No more than 50 percent of a detention pond may be counted as part of the required landscaping area, as regulated in this chapter, unless it meets the definition of a rain garden in section 53-2. Secs. 53-12—53-15. Reserved. Sec. 53-16. Planting and Landscaping Regulations.
Ordinance 18-24 Page 8 of 15 (a) Minimum Tree Caliper. (1) 2.0 inches shade trees. (2) 1.5 inches ornamental trees. (3) 1.5 inches in riparian area. (b) Minimum Tree Height. 6 feet high for coniferous trees. (c) Minimum Shrub Size. Two-gallon container. (d) Invasive Plants. All trees must be selected from the specified tree list as shown below; invasive plants may not be used in any form of introduced or preserved landscaping. (e) Plant Quality Standards. American Standard for Nursery Stock for tree standards. (f) Irrigation. 50 percent of added vegetation, excluding manicured lawn grass, shall be selected as “Low” or “Medium” under water needs for plants in tables 2 thru 4. One of the following irrigation systems is required: (1) An underground sprinkler system. (2) Automatic drip system. (3) A hose bib within 100 feet of all landscaped areas. (g) Line of Sight. The site distance triangles, as defined in Municipal Code Sec. 81-21, may not contain any plant materials greater than 2 feet in height, or overhanging at less than 9 feet above grade level. (h) R-O-W and Utility Easements Planting. (1) Overhead Utilities. a. All planted material shall comply with Chapter 98-41, Tree and shrubs, obstruction by, in the Municipal Code. b. Tree substitutions are permitted in cases where shade/large trees are required near overhead utility lines; they may be substituted out with trees listed as “Suitable Trees Near Overhead Utilities” found in subparagraph (2) (below). Every effort shall be made to avoid placing trees under utility lines. c. Shade and large trees with a mature height of greater than 30 feet must be planted a distance away from overhead utility lines that is equal to the radius of the subject tree species plus five feet. For example, if the diameter of a mature shade tree is 40 feet, the distance from the utility line would need to be 25 feet (40 ft./2) + 5 ft = 25 feet. (2) Tree Substitution List. Suitable Trees Near Overhead Utilities for Right-of-Way and Easements: Common Tree Name (1) American Hornbeam (2) Amur Maple/Tatarian Maple (3) Chinese Fringetree (4) Crabapple
Ordinance 18-24 Page 9 of 15 (5) Common Winterberry (6) Dwarf Southern Catalpa (7) Eastern Flowering Dogwood (8) Kousa Dogwood (9) Kwanzan Cherry Tree (10) Prairiefire Crabapple (11) Redbud Tree (12) Saucer Magnolia (13) Shantung Maple (14) Star Magnolia (15) Sweetbay Magnolia (16) Thornless Cockspur Hawthorn (17) White Fringetree / Grancy Graybeard (3) Underground utilities. Landscaping shall be installed at locations that avoid placements directly above underground utilities. Where possible, tree plantings shall be located at minimum of 5 feet from any underground utilities. (4) Street Trees Lists The following trees species are appropriate for planting in the easement/right-of- way area between the street curb and the sidewalk. Common Tree Name (1) Beacon Oak (2) Chinese Pistache (3) Crape myrtle (tree form) (4) English Oak (5) Palisade American Hornbeam (6) Princeton Sentry Ginkgo (7) Redbud (8) Rugged Charm Maple (9) Star Magnolia (10) Streetspire Oak (11) Skinny Genes Oak (12) Sugar Cone Maple (13) Thornless Hawthron (14) Trident Maple (15) Youpon Holly (tree form)
Ordinance 18-24 Page 10 of 15 (k) Maintenance of Required Landscaping. The property owner shall maintain landscape improvements in good health and attractive condition, including all landscaping within the portion of the public right-of-way between the back of the curb or street pavement and their property. (1) The property owner shall maintain the landscaping as designed in the final approved landscape plan. The property owner shall provide regular maintenance which shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; aerating and de-thatching turf areas (only if needed); replenishing mulch; fertilizing; pruning; mowing, and weeding in all landscaped areas. (2) The property owner shall appropriately treat all damaged plants, including the removal and replacement of dead plant materials with living plant materials, and shall not use plant materials which exhibit evidence of insect, pest, or disease. (3) If the required maintenance is not performed pursuant to the terms of this section, the owner of the property shall be notified in writing of the failure to properly maintain landscaping by certified mail, return receipt requested. The notice shall give the owner not less than 14 days nor more than 30 days in which to bring the landscaping into compliance with this section. In the event that the owner fails to comply with the above notice, the city administrator or designee may cause the necessary work to be performed and shall make reasonable efforts to notify the owner of the cost thereof in addition to the charges as authorized in this section; provided that in no event shall failure of the owner to receive notice of the cost and charges void the lien provided for in this section. The actual cost of such work plus fifteen (15) percent for inspection and other costs in connection therewith shall, in the event the payment thereof is not made to the city within thirty (30) days after completion of said work, become a lien against said property as of the date the city finance director certifies the cost of and charges to the office of the county treasurer for collection in the same manner as general property taxes are collected. The amount of the assessment for the costs and charges provided for in this section may be paid to the city at any time prior to certification of the same by the city finance director to the office of the county treasurer, but thereafter payment shall be made only to the office of the county treasurer. In the event any owner desires to object to an assessment made pursuant this section, the owner shall within thirty (30) days after completion of the work on the property file a written objection thereof with the city clerk, who shall thereupon designate the next regular meeting of the city board of directors as the date when said objector may appear before the board of directors and have the objection heard. Provided, however, that should the next regular meeting be set to occur five (5) or fewer working days from the receipt of written objection by the clerk, then the following regular meeting shall be designated. Upon receipt of the assessment pursuant to this section, the county treasurer shall proceed to collect the amount as assessed and certified against the property affected thereby in the same manner as the collection of the general property taxes and the redemption thereof.
Ordinance 18-24 Page 11 of 15 Table 2. Siloam Springs Master Tree List.
Scientific to AR Common Name Lawn Name Large Small Street
Medium
Evergreen Shade/Park
Ornamental
Width in feet Native Min. Spacing Water Needs Water Height in feet
American Basswood, American Tilia americana Y 50 35 Y Y Y 20' M Linden American Holly Ilex opaca Y Y 35 20 Y Y Y 15' L American Hophornbeam, Ostrya virginiana Y 40 20 Y Y 15' M Ironwood Amur Maple Acer ginnala Y 15 15 Y 10' M Bald Cypress Taxodium distichum Y 60 30 Y Y 20' M/H Black Gum, Sourgum, Tupelo Nyssa sylvatica Y 60 35 Y Y 20' M/H Bur Oak Quercus macrocarpa Y 70 50 Y Y 25' L/M Chestnut Oak, Basket Oak Quercus prinus Y 60 50 Y Y 25' L/M Chinese Pistache Pistacia chinesis Y 30 20 Y Y 15' L/M Chinkapin Oak Quercus muehlenbergii Y 40 40 Y Y Y 25' Y L/M Chinquapin Castanea pumila Y 60 40 Y Y 25’ Y M Crab Apple Malus sp. Y 20 20 Y Y 15' M Eastern/American Arborvitae, Thuja occidentalis Y Y 40 20 Y Y 10' M White Cedar Eastern Red Cedar Juniperus virginiana Y Y 40 20 Y Y 10' Y L/M Flowering Dogwood Cornus florida Y 20 20 Y Y Y 10' Y M Golden Rain tree Koelreuteria paniculata Y 25 20 Y Y Y Y 15' L/M Hackberry Celtis occidentalis Y 75 50 Y Y 25' Y M/H Japanese Zelkova Zelkova serrata Y 40 30 Y Y Y 20' M Kousa Dogwood Cornus Kousa Y 15 10 Y Y 10' M Loblolly Pine Pinus taeda Y Y 70 25 Y Y 20' Y M/H London Planetree Platanus x acerifolia Y 50 30 Y Y 25’ M/H Magnolia Magnolia grandifolia Y Y 50 50 Y Y Y 25' M Northern Red Oak Quercus rubra Y 75 45 Y Y Y 25' Y L/M Pin Oak Quercus palustris Y 70 50 Y Y 25' Y M/H Post Oak Quercus stellata Y 50 40 Y Y 25' Y L/M Redbud Cercis canadensis Y 20 15 Y Y Y 10' Y M River Birch Betula nigra Y 40 35 Y Y Y 20' Y M/H Saucer Magnolia Magnolia x soulangiana Y Y 20 15 Y Y 15' M Sawtooth Oak Quercus accutissima Y 50 30 Y Y Y 20' M Scarlet oak Quercus coccinea Y 75 45 Y Y Y 25' Y L/M Short Leaf Pine Pinus echinata Y Y 70 25 Y Y 20' Y L/M Shumard Oak, Southern Red Quercus shumardii Y 50 40 Y Y Y 25' Y L/M Oak, Spotted Oak Star Magnolia Magnolia stellata Y 20 15 Y Y 15' M Sugar Maple Acer saachairum var. Y 65 40 Y Y Y 20' Y M Thornless Honey Locust Gledistia triacanthos inermis Y 40 30 Y Y Y Y 25' M Trident Maple Acer buergeranum Y 25 15 Y Y 15' M Tulip Poplar Liriodendron tulipifera Y Y 60 40 Y Y Y 25' Y M Virginia Pine Pinus virginiana Y Y 25 15 Y 15' M White Fringe Tree Chionanthus virginicus Y 12 12 Y Y 6' M White Pine Pinus strobus Y Y 60 30 Y Y 20' M Willow Oak Quercus phellos Y 60 40 Y Y Y 25' Y M/H Additional trees, suitable for USDA Plant Hardiness Zone 6b, may be used if non-invasive and certified as appropriate by a licensed arborist or tree specialist. Key: Y = Yes; L = Low, M = Medium, H = High. Table 3. Native Flowers, Grasses, and Others Common Name Scientific Name Type Mature Water Remarks Height Awl-fruited Sedge Carex stipata G 72 H Full to partial sun. Only suitable for retention ponds Big Bluestem Andropogon gerardi G 96 L/M Full sun Bird’s Foot Violet Viola pedata F 6 L/M Blooms March to May Black-Eyed Susan Thunbergia alata F 96 M Vine, prefers full sun to part shade. Vine Annual. Broom Sedge Andropogen G 39 L Also known as whiskey grass. Good for erosion control Butterfly Weed Asclepias tuberosa F 30 L Full sun, blooms June to August Carolina Larkspur Delphinum carolinium F 24 M Full sun to part shade, blooms April to June Cattail Typha latifolia G 72 H Full sun to part shade, blooms June to July Downy Phlox Phlox pilosa F 18 M Full sun, blooms May to July Fern, Autumn Dryopteris erythrosora O 30 M Part to full shade
Ordinance 18-24 Page 12 of 15 Fern, Ostrich Matteuccia struthiopteris O 72 M/W Part sun to full shade Fern, Sensitive Onoclea sensibilis O 48 M/W Part sun to full shade Goldenrod Solidago canadensis F 60 M Full sun, blooms August to October Indian Paintbrush Castilleja coccinea F 18 M Full sun, blooms April to July Inland Sea Oats Chasmanthium Latifoilium G 60 M/H Full sun to part shade Little Bluestem Schizachyrium scoparium G 108 L/M Full sun, use in rain gardens Mexican Hat Ratibida columnifera, Ratibida F 36 L/M Full sun, blooms June to September columnaris Ohio Spiderwort Tradescantia ohiensis F 36 L/M Full sun to part shade, blooms May to July Ox-eye Daisy Chrysanthemum leucanthemum F 48 L/M Full sun, blooms July to September Pale Purple Echinacea Pallida F 36 L/M Full sun to part shade, blooms June to Coneflower July. Plains Coreopsis Coreopsis tinctoria F 48 L/M Full sun, blooms June to September. Purple Coneflower Echinacea F 60 L/M Full sun to part shade, blooms June to August Purple Lovegrass Eragrostis spectabillis G 24 L/M Full sun. Erosion control only. Queen Anne’s Lace Daucus carota F 36 M Common carrot, full sun, blooms June to July Rice Cut Grass Leersia oryzoides G 58 H Full sun. Retention pond only. Rose Vervain Glandularia canadensis F 18 L/M Full sun, blooms May to August. Soft Rush Juncus effusus G 48 H Full sun. Shorelines and ditches only. Solomon’s Seal Polygonatum odoratum F 36 M/H Part shade to full shade, blooms April to May Spider Lily Hymenoeallis caroliniana F 24 M/H Full sun to part shade, blooms July to August Splitbeard Andropogen G 72 L/M Full sun. Switchgrass Panicum virgatum G 72 M/H Full sun to part shade, attracts birds. Tickseed Bidens aristosa F 48 M Full sun, blooms September to October. Wild Bergamot Monarda fistulosa F 48 L/M Full sun to part shade, blooms July to September F = Flower; O=Other; G=Grass Source: Missouri Botanical Garden and the USDA Note: Ornamental lawn or turf grass, i.e. St. Augustine, Kentucky bluegrass, may be substituted above subject to the approval of the Administrator or his designee. Table 4. Master Shrub List Common Name Scientific Name Mature Water Native to Remarks Height AR (feet) Needs American Snowbells Styraz americana 10 M/H Y Large shrub – small tree. Full sun to part shade, blooms April to May Beautyberry Callicarpa Americana 6 M Y Full sun to part shade, blooms June to August. Black Haw Viburnum prunifolium 15 L/M Large shrub – small tree. Full sun to part shade, blooms May to June Buttonbush Cephalanthus 12 M/H Y Large shrub – small tree. Full sun to part shade, occidentalis blooms in June Carolina Rose Rosa Carolina 6 M/H Y Full sun, blooms in May Downy Serviceberry Amelanchier arborea 25 M Small tree. Full sun to part shade, blooms March to April New Jersey Tea Ceanothus americanus 8 L/M Y Part to full shade, blooms May to July. Shining or Winged Rhus copallina 15 L/M Y Large shrub – small tree. Full sun to part shade, Sumac blooms July to August. Shurb St. Johns Wort Hypericum prolificum 5 M Y Full to part shade, blooms June to August. Silk camellia Stewartia 15 M Y Endangered. Part sun, blooms May to June. malacodendron Smooth Sumac Rhus glabra 15 L/M Y Large shrub – small tree. Full sun to part shade, blooms in June
Ordinance 18-24 Page 13 of 15 Swamp Azalea Rhososendron 5 M/H Y Part shade, blooms May to July. viscosum Sweet Azalea Rhososendron 15 M Y Part shade, blooms in April. canescens Sweet pepperbush Clethra alnifolia 8 M/H Full sun to part shade, blooms July to August. Attracts butterflies Sweet Shrub or Carolina Calycanthus floridus 9 M Y Full sun to part shade, blooms in April to July. allspice Sweetspire Lindera benzoin 12 M Y Full sun to part shade, blooms in March. Good for a rain garden Wild Hydrangea Hydrangea 5 M Y Part shade, blooms in June to September. arborescens Winterberry Ilex verticillate 12 M/W Y Full sun to part shade, blooms in June to July. Yaupon Holly* Ilex vomitoria 20 M/W Small tree. Full sun to part shade, blooms in April. Additional shrubs, including but not limited to, Abelia, Arborvitae, Barberry, Boxwood, Burning Bush, Chamaecyaris, Forsythia, Holly, Juniper, Lilac, Privet, Quince, Rose of Sharon, Viburnum, and Yew, suitable for USDA Plant Hardiness Zone 6b or 7a, may be used if the chosen variety is non-invasive and certified as appropriate by a licensed arborist or tree specialist. *Some sources denote this plant as native to Arkansas. Sources: Plant native.org, Missouri Botanical Garden, USDA, SFGate, The Plantlist.org, The Lady Bird Johnson Wildflower Center, University of Arkansas Extension office; the Encyclopedia of Arkansas History & Culture; and Garden Know How.com Section 2. Subsection 102-53(e)(4), Article IV, Chapter 102, of the Siloam Springs Municipal Code is hereby amended to read as follows: (4) Maximum lot coverage. 80 percent. Section 3. Subsection 102-53(f)(2), Article IV, Chapter 102, of the Siloam Springs Municipal Code is hereby amended to read as follows: (2) All open space shall include grasses/flowers, shrubs, or trees, without structure or pavement, covering of a minimum of 20 percent of the total surface area of the lot or development of which 10 percent shall be visible from the front or sides of the lot as seen from the addressed access right-of-way. Section 4. Subsection 102-55(e)(4), Article IV, Chapter 102 of the Siloam Springs Municipal Code is hereby amended to read as follows: (4) Maximum lot coverage. 80 percent. Section 5. Subsection 102-55(f)(2), Article IV, Chapter 102, of the Siloam Springs Municipal Code is hereby amended to read as follows: (2) All open space shall include grasses/flowers, shrubs, or trees, without structure or pavement, covering of a minimum of 20 percent of the total surface area of the lot or development of which 10 percent shall be visible from the front or sides of the lot as seen from the addressed access right-of-way. Section 6. Subsection 102-76(4), Article V, Chapter 102, of the Siloam Springs Municipal Code is hereby amended to read as follows: (4) Parking lot landscaping is required as follows: a. 12-50 spaces: 6 percent of gross interior parking area; b. 51-150 spaces: 8 percent of gross interior area; and
Ordinance 18-24 Page 14 of 15 c. 151 and greater spaces: 10 percent of gross interior area. Landscaping shall include trees and shall not include areas containing otherwise-required landscaping, screening, or setbacks; Section 7. Subsection 102-87, Article IV, of Chapter 102, Siloam Springs Municipal Code is hereby added to read as follows: Sec. 102-87. Dumpster Screening. Solid waste commercial and multi-family residential dumpsters must be enclosed with opaque screened materials on all sides. Vegetative screen may not be applied for this purpose. Section 8. Repealer and severability. Prior Ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict. If any provision of a section of this Ordinance or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the invalidity does not affect the provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
Ordained and Enacted this ______day of ______, 2018.
Attest: Approved:
______Renea Ellis, City Clerk John Mark Turner, Mayor
(SEAL)
Ordinance 18-24 Page 15 of 15
STAFF REPORT
TO: Phillip Patterson, City Administrator FROM: Justin Bland, City Engineer CC: Don Clark, Community Development Director DATE: 10/26/2018 RE: Resolution 37-18 / Deed Restriction for Stream Mitigation Improvements / Sager Creek Property
Recommendation: Approve Resolution No. 37-18 establishing a deed restriction on 2.72 for the purposes of stream mitigation.
Background: The City has previously been awarded disaster funding stemming from the flooding of homes in the area shown on Exhibit A. The grant was approved for $375,820 in 2010 without any match requirement from City. Civil Engineering, Inc. was selected to perform the engineering work and has completed a design. During this process, the plans were submitted to the U.S. Army Corps of Engineers (USACE) for regulatory approval where the process was delayed significantly. After much back and forth with the USACE and some delays due to staff turnover, an agreement was made to permit the project, however the USACE is requiring stream mitigation to offset the impact of channelizing stream in question. This stream mitigation will occur along Sager Creek between Lincoln St. and Country Club Rd. and will involve planting of native species, bank stabilization and some minor installations in the stream to further stabilize the stream. The drainage channel improvements for the Jefferson drainage project will be bid out and constructed by a contractor. The stream mitigation improvements at the Butts Baseball Complex will be installed with in-house labor and the materials for this project have already been budgeted and purchased. As part of the permit with USACE for stream mitigation, the City is obligated to execute a deed restriction on the areas shown on Exhibit B, approximately 2.72 acres. This means that the city will not be allowed to clear, log, mow, spray with herbicide, fill, level or construct any structure within this area without obtaining additional permitting from the USACE. Care has been taken to keep the limits of this area at least 10’ away from the trail and to provide a buffer from Country Club Rd. to provide for potential future widening of the roadway. In addition to the deed restriction, the USACE will also require a portion of property on the Ozark Electronics’ property (essentially the hill side on the south side of Sager Creek). Staff has spoken to their representatives and they are agreeable to this. Fiscal Impact: There will not be any fiscal impact for this deed restriction. The USACE permit will result in some minor costs to the city for future stream monitoring, but that is expected to be absorbed within future budgets. The actual construction of the stream mitigation will require city labor with minor material costs to be absorbed within the existing budget. Attachments: Exhibit A – Limits of Drainage Improvements Exhibit B – Limits of Stream Mitigation Improvements Resolution No. 37-18
Exhibits A and B
RESOLUTION NO. 37-18 A RESOLUTION AUTHORIZING A NON-DEVELOPMENT DEED RESTRICTION FOR CERTAIN CITY-OWNED PROPERTY ABUTTING SAGER CREEK. WHEREAS, the City of Siloam Springs has received grant funds pursuant to the community development provisions of the Arkansas Community and Economic Development Program, (ACEDP); and WHEREAS, said ACEDP funds have been dedicated to drainage improvements near Twin Springs and Rodric Circle; and WHEREAS, the United States Army Corps of Engineers (USACE) requires stream mitigation elsewhere to offset the impact of the drainage improvement project; and WHEREAS, in order to protect and preserve the mitigation area, USACE requires the filing of a non- development deed restriction for the subject property; and WHEREAS, the proposed mitigation area consists of 2.72 acres of City-owned property adjacent to Sager Creek in downtown Siloam Springs; and WHEREAS, City staff is aware of no plans or future need to develop the subject property, and believes that maintaining it in a natural and undeveloped state as a riparian buffer is in the best interest of the City and its residents; and WHEREAS, having reviewed the proposed deed restriction, staff recommends approval; NOW THEREFORE: BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, ARKANSAS THAT: SECTION 1: A non-development deed restriction for the 2.72 acres of City property abutting Sager Creek, and more fully described on Exhibit A, Notice of Deed Restriction, attached hereto, is in the best interest of the health, safety and welfare of the community; and SECTION 2: The mayor, city administrator and city clerk are authorized to execute such deeds, notices and related documents as reasonably required to implement and effect the requested non-development deed restriction, preserving the property described therein as a riparian buffer for the benefit of the citizens of Siloam Springs. DONE AND RESOLVED this day of , 2018 APPROVED:
John Mark Turner, Mayor ATTEST:
Renea Ellis, City Clerk (Seal)
Resolution 37-18 Page 1 of 8 EXHIBIT A – WETLAND MITIGATION DEED RESTRICTION
NOTICE OF DEED RESTRICTION
STATE OF ARKANSAS COUNTY OF BENTON
KNOW ALL MEN BY THESE PRESENTS THAT:
THE CITY OF SILOAM SPRINGS, ARKANSAS, an Arkansas municipal corporation, is the owner of that real property more particularly described on the attached Exhibit “A” and shown on the map of the mitigation site attached Exhibit “B” based on a survey performed by a registered professional land surveyor; the legal description and the map are both made a part hereof. For all purposes throughout this document, that real property will be referred to as the “Property”. As of the date executed, the Property has been designated as a mitigation site associated with U.S. Army Corps of Engineers Nationwide Permit No. 2014-00284-1 dated July 5, 2018, or a revision thereof. A copy of the permit is attached. The permit grants authorization to the City of Siloam Springs for the placement of storm sewer improvements in wetlands and waters of the United States. Any purchaser of all or any part of the Property or any person having an interest in or proposing to acquire an interest in all or any part of the Property, or any person proposing to develop or improve all or any part of the Property, is hereby notified of the following development restriction affecting the Property.
Any activity on the Property must comply with the terms and special conditions described in U.S. Army Corp of Engineers Nationwide Permit No. 2014-00284-1 dated July 5, 2018, or a revision thereof. It should be noted that the 2.72 acres has been designated to be preserved for riparian buffer, and may not be converted to another use, including but not limited to: clearing, logging, bushhogging, mowing, spraying with herbicides, filling, leveling, draining, dumping, construction of any structure, or any other activity that would adversely impact the natural state of the area. Natural resource management or wildlife enhancement activities involving alteration of the Property would require prior approval from the Little Rock District Corp of Engineers.
Resolution 37-18 Page 2 of 8 EXECUTED this ____ day of November 2018. City of Siloam Springs, AR
By: John Mark Turner, Mayor ATTEST:
Renea Ellis, City Clerk {Seal}
STATE OF ARKANSAS ) ) SS. ACKNOWLEDGMENT COUNTY OF BENTON )
Now on this day of November 2018, before me the undersigned Notary Public, in and for the county and state aforementioned, appeared John Mark Turner, who acknowledged, himself to be the Mayor of Siloam Springs, and he being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing as its Mayor.
Notary Public My Commission expires:
{SEAL}
STATE OF ARKANSAS ) ) SS. ACKNOWLEDGMENT COUNTY OF BENTON )
Now on this day of November 2018, before me the undersigned Notary Public, in and for the county and state aforementioned, appeared Renea Ellis, who acknowledged, herself to be the City Clerk of Siloam Springs, and she being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing as its City Clerk.
Notary Public My Commission expires:
{SEAL}
Resolution 37-18 Page 3 of 8 EXHIBIT “A”
Wetland Mitigation Area Legal Description:
A parcel of land located in the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas, being more particularly described as follows; Commencing at the South West Corner of the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas; Thence N 03°06’45” E 860.63 feet along the West line of said South East Quarter of the South West Quarter to a point; Thence leaving said West line S 86°53’15” E 58.64 feet to a point in the East Right of Way line of State Highway 204 as established by AHTD Job No. 9620, said point also being in the Centerline of Sager Creek, and the POINT OF BEGINNNG; Thence leaving said Creek Centerline and along said East Right of Way line North 02°19'53" East 78.85 feet to a point; Thence leaving said East Right of Way line South 86°53'15" East 19.94 feet to a point; Thence South 07°36'15" East, 26.85 feet to the beginning of a curve to the left, Thence 60.47 feet along said curve having a radius of 50.00 feet; a chord direction of South 42°14’59” East 56.85 feet; Thence South 76°53'43" East 111.67 feet to a point; Thence South 74°03'21" East 53.10 feet to the beginning of a curve to the right, Thence 101.88 feet along said curve having a radius of 350.00 feet, a chord direction of South 65°43’02” East 101.52 feet; Thence South 03°06'45" West 21.81 feet to a point in the centerline of Sager Creek; Thence along said Creek centerline the following; North 51°47'11" West 52.97 feet North 73°10'11" West 156.33 feet, and North 82°31'13" West 125.90 feet to the POINT OF BEGINNIG; Containing 0.16 acres (6786.74 sq. ft.)
ALSO:
Resolution 37-18 Page 4 of 8 A parcel of land located in the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas being more particularly described as follows; Commencing at the South West Corner of the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas; Thence N 03°06’45” E 860.63 feet along the West line of said South East Quarter of the South West Quarter to a point; Thence leaving said West line S 86°53’15” E 58.64 feet to a point in the East Right of Way line of State Highway 204 as established by AHTD Job No. 9620, said point also being in the Centerline of Sager Creek; Thence leaving said East Right of Way line and along said Creek centerline the following; South 82°31’13” West 125.90 feet South 73°10’11” East 156.33 feet, South 51°47’11” East 52.97 feet to THE POINT OF BEGINNING; Thence leaving said Creek centerline North 03°06’45” East 21.81 feet to the beginning of a curve to the right; Thence 73.62 feet along said curve having a radius of 350.00 feet, a chord direction of South 51°21’08” East 73.49 feet to the beginning of a curve to the left; Thence 9.51 feet along said curve having a radius of 20.06 feet, a chord direction of South 57°55’46” East 9.42 feet; Thence South 71°31'33" East 31.76 feet to the beginning of a curve to the right; Thence 7.16 feet along said curve having a radius of 20.00 feet, a chord direction of South 61°16’32” East 7.12 feet; Thence South 51°01'31" East 35.79 feet to the beginning of a curve to the left; Thence 47.53 feet along said curve having a radius of 100.00 feet, a chord direction of South 64°38’34” East 47.09 feet; Thence South 78°15'37" East 51.10 feet to a point in the West line of a 15-foot wide Gas line Easement as found in Deed Book Record 291 at Page 613 in the records of the Circuit Clerk and Ex-Officio Recorders Office of Benton County, Arkansas; Thence along said West Easement line South 22°34'16" East 33.03 feet to a point in the centerline of Sager Creek; Thence leaving said West Easement line and along said Creek centerline the following; North 78°38'55" West 34.40 feet, North 77°00'29" West 73.46 feet, North 51°47'11" West 166.32 feet to the POINT OF BEGINNING; Containing 0.15 acres (6643.11 sq. ft.)
Resolution 37-18 Page 5 of 8
ALSO:
A parcel of land located in the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas being more particularly described as follows; Commencing at the South West Corner of the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas; Thence N 03°06’45” E 860.63 feet along the West line of said South East Quarter of the South West Quarter to a point; Thence leaving said West line S 86°53’15” E 58.64 feet to a point in the East Right of Way line of State Highway 204 as established by AHTD Job No. 9620, said point also being in the Centerline of Sager Creek; Thence leaving said East Right of Way line and along said Creek centerline the following; South 82°31’13” East 125.90 feet, South 73°10’11” East 156.33 feet, South 51°47’11” East 219.29 feet, South 77°00'29" East 73.46 feet, South 78°38'55" East 52.48 feet to a point in the East line of a 15 foot wide Gas line Easement as found in Deed Book Record 291 at Page 613 in the records of the Circuit Clerk and Ex-Officio Recorders Office of Benton County, Arkansas; and THE POINT OF BEGINNING; Thence leaving said Creek centerline and along said East Easement line North 22°34'16" West 34.64 feet; Thence leaving said East Easement line North 89°28'34" East 8.64 feet to a point; Thence North 86°59'58" East 128.89 feet to the beginning of a curve to the left, Thence 87.19 feet along said curve having a radius of 60.23 feet, a chord direction of North 45°31’50” East 79.78 feet; Thence North 04°03'43" East 38.70 feet to a point; Thence South 62°23'43" East 74.58 feet to a point in the West Right of Way line of The Kansas City Southern Railroad; Thence along said West Right of Way line South 32°29'57" West 136.30 feet to a point in the centerline of Sager Creek; Thence leaving said West Right of Way line and along said Creek centerline the following; North 88°21'56" West 111.74 feet, North 78°38'55" West 66.19 feet to the POINT OF BEGINNING; Containing 0.34 acres (14613.74 sq. ft.)
Resolution 37-18 Page 6 of 8
ALSO: A parcel of land located in the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas being more particularly described as follows; Commencing at the South East Corner of the South East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas; Thence North 03°01’35” East 715.64 feet along the said East line of said South East Quarter of the South West Quarter to a point; Thence leaving said East line North 86°58’25” West 50.00 feet to the POINT OF BEGINNING; Thence South 58°25'12" West 345.10 feet to a point; Thence North 85°43'50" West 139.32 feet to a point in the East Right of Way line of The Kansas City Southern Railroad; Thence along said East Right of Way line North 32°29'57" East 228.63 feet to a point; Thence leaving said East Right of Way line North 60°04'25" East 59.83 feet to a point; Thence North 39°35'47" East 85.17 feet to a point; Thence North 33°38'23" East 35.72 feet to a point; Thence North 62°53'06" East 122.48 feet to a point; Thence North 03°01'35" East 42.67 feet to a point; Thence South 86°58'25" East 85.79 feet to a point; Thence South 03°01'35" West 241.93 feet to THE POINT OF BEGINNING; Containing 2.07 acres (90059.03 sq. ft.)
Resolution 37-18 Page 7 of 8 EXHIBIT “B”
Resolution 37-18 Page 8 of 8
STAFF REPORT
TO: Mayor and Board of Directors FROM: Phillip Patterson, City Administrator DATE: November 2, 2018 RE: Resolution 38-18 / Determining Sales Price for Historic Post Office
Recommendation: Approve Resolution No. 38-18 determining a sales price for the old historic post office should Phat Tire Bike Shop decide to exercise its option to purchase the property.
Background: In July 2017, the City entered into a lease agreement with Phat Tire Bike Shop for the city-owned, old historic post office located in downtown (101 S. Broadway). The lease term is through January 2020. Prior to the termination of the lease Phat Tire has the option to renew the lease for 1 year or purchase the building at a price agreed upon by both parties, provided that Phat Tire provides a 90-day notice of its decision to exercise either option. The 90-day notice requirement is October 31, 2019.
Recently, Phat Tire contacted city staff to discuss whether the City would be willing to agree on a sales price. They indicated that their business has been more successful than originally anticipated, and that they wanted to start planning for the potential purchase now should they decided to exercise their purchase option. As part of this discussion, it was agreed that a new appraisal would be necessary and that both parties would share 50/50 on the cost of the appraisal. This appraisal, dated October 19th, indicated a value of $260,000. A prior appraisal, dated February 2017, valued the property at $200,000.
In determining an appropriate sale price, staff considered the property and building investments made by both parties, which are detailed below:
• City’s net investment in the property is $312,856.33. This accounts for the $210,000 spent in 2011 to purchase the building out of foreclosure, plus $102,856.33 of $116,806.33 that was spent in 2017 making improvements to the building’s mechanical systems. The additional $13,950 was spent on maintenance related items that should have been done regardless of whether the building was going to be leased, such as removing peeling paint, repainting fascia boards, re-caulking windows, and associated cleanup.
• Phat Tire’s net investment in the building is $25,271.70. This includes the cost of making repairs to the flooring, ceiling, painting, additional electrical work, and preserving the historic breezeway. This cost includes all items required to get the building remodeled for Phat Tire to be able to conduct business from the premises but does not include any inventory or FF&E (fixtures, furnishing and equipment) that Phat Tire would remove or reuse if the business were to relocate.
• The gross investment in the building by both parties is $338,128.03 of which the City’s investment represents 92.5%and Phat Tire’s represents 7.5%.
• The appraised value of the property is $260,000, and 92.5% represents $240,567.59, and 7.5% represents $19,432.41.
Based on our negotiations, should Phat Tire exercise it’s option to purchase the building, they’ll agree to a purchase price of $260,000 with a credit of 7.5% being applied to the purchase price to account for the building improvements previously made by Phat Tire.
Fiscal Impact: At the time the lease agreement was approved by the Board, it was stated that it was the Board’s intent to ultimately sell the property. It was also acknowledge that improving the building’s mechanical system would likely cost more than the amount added to any future appraised value of the building.
Selling the property appears to create a stranded investment of $72,289. However, by October 2019, the property will have been leased for 24-months and the total lease payments will have generated $22,500 in added revenue. In addition to this revenue, the City has also received increased tax revenue from retail sales. Selling the property, should Phat Tire choose to exercise the purchase option, will likely ensure that Phat Tire remains in downtown Siloam Springs and continues to generate additional tax revenue.
Attachments: Copy of Appraiser’s letter, dated October 19, 2018 Resolution No. 38-18
Page 2 of 4
Page 3 of 4
Page 4 of 4 RESOLUTION 38-18
A RESOLUTION DETERMENING A SALES PRICE FOR THE HISTORIC POST OFFICE LOCATED AT 101 S. BROADWAY STREET.
WHEREAS, the City owns the historic post office at 101 S. Broadway (“Subject Property”); and
WHEREAS, in July 2017, the City executed a lease agreement with Phat Tire Bike Shop (“Phat Tire”) for the Subject Property for the purposes of operating a retail bike shop in downtown Siloam Springs; and
WHEREAS, the lease agreement included an option for Phat Tire to extend the lease for one (1) year beyond the termination date of the lease (January 31, 2020) or purchase the Subject Property at a price agreed upon by both parties; and
WHEREAS, Phat Tire has requested the City to agree on a sales price so that Phat Tire can start planning on a potential purchase of the Subject Property should Phat Tire choose to exercise its purchase option and notify the City in October 2019, as required by the lease; and
WHEREAS, a recent appraisal of the Subject Property established a value of $260,000; and
WHEREAS, the City and Phat Tire have invested $338,128 in purchasing and improving the Subject Property; and
WHEREAS, the City’s investment of $312,856 represents 92.5% and Phat Tire’s investment of $25,272 represents 7.5% of the total invested in the Subject Property by both parties; and
WHEREAS, the Siloam Springs Board of Directors determines that it is in the City’s best interest to determine a mutually agreed upon sales price for the Subject Property; and
WHEREAS, given the mutual investment of the parties in the Subject Property, and the economic benefit of preserving an ongoing business in the City’s historic downtown, sale by competitive bidding is neither feasible nor practical.
NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the City of Siloam Springs, as follows:
Should Phat Tire Bike Shop notify the City by October 31, 2019 of its intent to exercise its option to purchase the old historic post office located at 101 S. Broadway prior to the current lease termination date of January 31, 2020, then the sales price shall be $260,000. Phat Tire shall receive a credit for the building improvements Phat Tire has made as of the date of this resolution in the amount to $19,432.41, or 7.5% of the above purchase price.
DONE AND RESOLVED this _____ day of ______2018
Approved:
(SEAL) Attest: John Mark Turner, Mayor
Renea Ellis, City Clerk