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HomeMy WebLinkAbout1986-09-15 Minutes• • • MINUTES OF A SPECIAL MEETING OF THE FAYETTEVILLE PLANNING COMMISSION PUBLIC HEARING ON PROPOSED TREE ORDINANCE A publie hearing vas held by the Fayetteville Planning Commissioa oa Moaday, September 15, 1986 at 7:00 P.M. in the Continuing Edueatioa Ceater, #2 University Center, Fayetteville, Arkaasas. MEMBERS PRESENT: Erase Jasks, Julie Nash, Staa Greea, Fred Hanna, B.J. Dow, Fraak Farrish and Butch Robertsoa MEMBERS ABSENT: Sue Madisoa Chairmaa Jacks aanouaoed that the purpose of the public hearing was to receive publie testimony either for or agaiast the idea or eoneept of writing sato the City Ordiaaaees the requirement for the preservation of existing trees; and/or the providing of landscaping in aoaneation with any new development in the City. Jacks said he had asked all members oa the Planning Commission to refraia from respoadiag to questioas from the audience. He said there would be no discussion on their part tonight. Jacks noted their own efforts toward developing aa ordiaanee of this type was not completed and at preseat was not beiag carried forward; therefore, the Planaiag Commission was not is a position to aaswer any questioas regardiag the details. Roger Henry, 14 W. Davidsoa, said he had gone to the City Administration building today and looked through the Code Book. He said section 4-5 said it was ualawful for any person to shoot, hunt, kill, chase, wound or molest squirrels and he felt trees deserved the same. Heary thea said the bulk of Fayetteville more or less appreciates trees. He said some City Bodes are quite old and he thought it was about time to put an ordinance iato effect; that it was not too late aad it's not too soon either. Heary quoted another section in the Code book, Seetioa 4-2 "ao person shall allow any hogs or swine of any kind to run loose in the City limits" He said the City could make a few exceptioas to that but they should not make any exceptions for the trees. Dan Vega, 919 Liadell, stated Fayetteville seeds a stroag tree ordinanne and without the ordiaanee, which was the people's desire, all of their lives would be affected. He said it was absurd that laws dictate common sease and reasonable aetioa. Trees support the complexity of life. From trees we have air to breath, the animals we enjoy, the soil that nurtures us and the moderation of extreme temperature and rainfall. Trees are the barometer of life and around the world trees are fareiag poorly. From Sugar Maples in Canada to Concords mg • • Speeial Meetiag Planning Commission September 15, 1986 Page 2 in Europe, trees are sick and dying. Tropieal forests are being slaughter- ed at the rate of 100 aeres per minute. Fayetteville's trees are not immune from sickness or slaughter and they are both in evidence. Vega said they must make a stand for the trees. To proteet the trees no law is too rigid, ao cost is too great. The cost of what we may lose would be even greater, aad trees eould not be replaced is any of our life times and maybe not for many genera- tions. Lois Imhoff, 1619 Clark, speaking in behalf of members of the Fayetteville Garden Club, thanked the Commission for providing aa opportunity to hear comments from loeal eitizeas on the proposed tree ordinaaee for the City of Fayetteville. The beautiful gardens aad trees around the City's dowatowa square should ideally set the toae for laadseaping is the entire town. As members of the Fayetteville Garden Club Couasil as they have proudly participated toward the maintenance of the gardens around the square. They all like living in a very attraetive town and their club is now 54 years old, but uafortuaately, so maay of those years their members have sees beautiful trees removed aloag the city's streets to make way for new eonstruetion. She said with proper plaaaing many of those trees could have been saved to eoatiaue adding their beauty to the town. This had especially been due to the city's growing eommereial area as lots have been eleared for parking plaees at new business sites. It was only rarely that they saw commercial developers plaaaiag aa attractive parking lot. One sueh lot they called to the publie's attention was at the southwest eorner of the intersection of Diekson and Spring streets. Mrs. Imhoff said it is a most attraetive parking area that was planned around existing trees. She stated members of the Fayetteville Garden Club wished to go on record as being in support of adoption of a tree ordinance for the City of Fayetteville. Bob Waldren, SWEPCO, stated SWEPCO's official position was that they were not against the trees or a tree ordinaane. Ia faet, if they looked at some of their facilities they had gone to great lengths to plant trees and preserve trees. He said the facility on the corner of College and Diekson was one of the better -looking eommereial establish - meats in town. Vader a eouple of the proposed ordiaaaees that they had read, that building eould not have been built. He said some of the ordinaaees are very restrictive. He said if there was a new ordin- aace, it should dove tail with the present ordiaaaees that are on the books or the ordinate needs to be re-writtea. SWEPCO is also very eoaeerned about planting trees between the edge of the eurb and the street ROW beeause that generally was where the utility facilities go. He said that would create a problem for them aad for their customers. • Karen Rollet, 1913 GreeaValley, made a general statement about the need for a tree ordinance is a city like Fayetteville. She realized • • • Special Meeting Planning Commission September 15, 1986 Page 3 there were developers who would satisfy this requirement for this ordiaaaee whether there is oae or not. There are some however who would not and these may be from outside the community and not have the same eoanern. She cited an example of what Would happen if there were ao tree ordiaaaee by refering to the parking area for Walmart north of town. She said aothing breaks the extent of pavemeat there. She said is a climate as hot as Arkansas, heat gain alone in a parkiag lot like that is likely to be between 10 & 15 degrees. Trees provide shade and cooling as well as beauty. She uaderstood that studies had been done whieh fouad that the initial cost of eonformiag to this ordiaaaee would be a very low pereeatage of the total development Bost. One other coaeera might be that a tree ordiaaaee would be just one more ordinate to add to all the rest. It seemed to her that Fayetteville was a town where people and busiaesses came and settled because of the very qualities represeated by this ordinaaee. Trees, parks, lovely campus and the Fayetteville square are the amenities that are bound to cost a little more. People who live and work in Fayetteville are williag to pay a little more to have these ameaities. She said there were several suggestions she wasted to make about the details of the ordiaaaee. Rather thaa a speeifie tree list it might be well to have a knowledgeable persoa look at each tree planted to make sure they are compatible with the elimate and conditions of this area aad that they are a reasoaable size for growth and transplanting. The trees should be adapted to this area. In other words, they should have been growing for at least two years in this region. The Planning Commission could keep a notebook of sueeessful tree plaats. This notebook could also reeommead approved methods of plantiag. She said the post of inspections eould be lowered by using part time or seasoaal labor. Many of the students is the hortieultural or landscape architecture programs would be qualified and might also be able to get work study funds which would lower the Bost evea more. Fraak Doughty, 884 Skyline, responded to the problems as he saw it. He said everyoae seemed to be very mueh in favor of trees. He said he would like to read a letter from another eity. He said one of the judgments would be what it's going to cost the City. He thought many cities would say it does not Bost anything. Roy Clintoa, #2 Lovers Lane, stated he was somewhat at a loss because they were talking about a tree ordiaaane aad just saw aaother draft of another ordiaaaee and he thought the first problem was polarizatioa. He said it was hard to be against trees and they were all for trees. Mr. Clintoa said Mr. Henry gave nredit to people of Fayetteville for doiag the right thing by trees. He said the landsoapiag at the square was mostly done with businessmen's money. He said the City Board just weat through an elentioa to see if it would maiataia it's present form of government. He said the motto was "if it aiat broke don't fix it". He said that was a pretty good motto right now. He said • • • Special Meeting Planning Commission September 15, 1986 Page 4 "we seem to be fine-tuned with the engine which is running out of gas". The economies are not there for developing or maintaining the eontrol over trees and eaforeiag same. He said the Walmart parking lot was a good example. He said Fayetteville had a good zoning ordinate and he was proud of his town. James Gilbreath, 428 Tanglewood, said he was on his property where they are building a home and pieked up an acorn. He looked up at the tree that dropped it and estimated that tree had been there about 150 years. He said it was about the size of two oaks on the 600 block of North College that came down in about 2 hours this week. He said he did not know if the developer had a good plan for what he was going to put there, but he may do like some others that had done some very nine planned developments. But there was nothing on the books that prevented him from carving out those trees and taking them away. John Kehn, Arkansas Western Gas, said the Director of Public Works was projentiag an annual expense to the City for 1988 of $20,000 to administer the tree ordinance. He said this amount would esealate in future as trees began to die and the City inspector must then see that they are replaced to be in eomplianne with the ordinance. He asked could the City afford the additional expense when the City is facing deficits within the year. The faet the developer would have additional eost and engineering fees. He asked could the developer continue to carry unnecessary financial burdens such as the one that might be created by a tree ordiaanne. He therefore beseeched the Commission to drop the consideration of the ordinance and let the imagination and pride of each eitizen dietate their property needs. Bryant Stover, 2283-1/2 S. School, stated trees were bulldozed a week ago at 607 College. He brought a reminder of those trees that went down rather fast. He said laadseaping and trees add monetary value to property and that all new trees added to the quality of life. He said a recent poll had been done by real estate appraisers in Chicago. The poll indicated that 86% of appraisers thought laadseaping added to commercial real estate value and 95% felt it added to residential real estate value. He said real estate appraisers felt laadseaping added 7.28% to the resale value of properties. Home owners, on the other hand, felt landseaping added 14.87%. He said it was evident that people appreciate the trees and laadseaping and the professionals may not have the tools to understand or indicate just how much is not effeeted. Elizabeth Armstrong, 1650 Carolyn, said she heard a lot about the esonomins of the tree ordinaaee. She said she felt very strongly about the tree ordiaanee and has heard a lot about the future develop- ment of Fayetteville. She said if the City did not prepare for the growth now, it would be too late. She said they had a petition and 12D • • • Special Meeting Planning Commission September 15, 1986 Page 5 had eolleeted over 600 signatures of people who were in favor of the tree ordinanne. Su Sargent, 1775 Janine, said she same here with probably 95% of the other people to represent trees. She said trees were people too. The trees regretted they were unable to attend but they were rooted to their spots. She said the trees need our help and they need the trees. She did aot want to see any more trees cut down. Fayetteville needs a strong tree ordiaaaee. Young trees are the hold of the future and old trees clan never be replaced in the Planning Commission's life times. Apartmeat buildings can be thrown up over night but money can not bring old trees baek. The new tree ordiaaaee should prohibit the nutting of big old trees and protest their root system by prohibiting building, digging or aoaarete pouring within certain distances of their trunks. If there is any space left over to build buildings, in future the inhabitants would be greatful for the shade and foresight and thoughtfulness of the Planning Commission. Frank Sharp, Rt. 11, stated he realized how difficult it was to write a landscape tree ordiaaaee. But he said the ordinance was something Fayetteville needed. Mr. Sharp said bank in the 50's he worked in Colorado in a mining town. He took his ehildrea bank to that town 2 years ago and it was frightening to go back to the town were he worked because it had been ruined by growth. He said the whole area west of Deaver has grown. Some of those towns handled their growth very well and others were ruined. He said growth was coming to Fayette- ville and how they handled that growth depended on the people of this City. Melanie Stoakdell, 1690 Ramsey, stated she wanted to deliver a message from the City of Bentonville which has a laadseape ordinance. She said they indicated they had encountered "little problems" with the ordiaaaee they have on the books. She said it was delivered by John Hite who is the building inspector for the City of Bentonville. She also said she had been in soataet with the Little Hoek Planning Office which has had a landscape ordinance on the books for sometime. They aow are amending the ordinance to include residential properties, properties that are being redeveloped as well as those that are new coastruetion. She said she was is favor of this strong tree ordinance and more than that she looks forward to the time when we don't just have a tree ordinance but a full scale laadseape ordinance. She said she was concerned and a little bit sorry that SWEPCO and Arkansas Western Gas sole concern regarding this ordinance was financial. She said there are obviously greater aoaaeras involved when they consider the quality of the future. She urged the Planning Commission to get moving aad give this to the Board of Directors for their further consider- ation. 15 • • • Speeial Meeting Planning Commission September 15, 1986 Page 6 Richard Baek, 2698 Sherwood, said he was originally on the laadseape committee that drafted the first tree ordiaaaee and as part of that committee they attained several letters from different city's around the eouatry that had ordiaaaees similar to what this committee was trying to draft. He said one letter they had received from Norman, Oklahoma might apply to some of the arguments from the representatives of the utility companies aad some of the realtors raised toaight. He said he had 9 pages of the ordiaaaee that the City of Normaa eaaeted with speeifin requirements regarding parking lots aad streets. (Street landseapiag requirements shall be required along aay side of a parking lot that abuts the ROW of any street, road or highway. A landscaping strip 5' in depth shall be located between the abutting ROW and the parking lot. At least oae tree for every 40 linear feet or fraction thereof shall be planted is a landseapiag strip. The required trees may be evealy spaced or grouped.) Mr. Bank said that was just a sample of the 9 pages of requirements regarding trees. He said the letter with the requirements was seat by the Mayor and Chairman of the Norman Planning Commissioa. Larry Bittle, Chairmaa of the Chamber of Commeree, said he really did aot understand a lot of the things that are being thrown out that are against or for. He personally felt the busiaess community of Fayetteville Arkaasas could staad head aad shoulders above anybody they wanted to throw to them in the area. He said they have a beautiful eity and he thought the people there that night were saying they have a beautiful community. That has come about not solely by the efforts of the private citizens, the business eommuaity had strongly beea iavolved is the beautification process of this community. He said there are laadseape ordiaaaees and buffer zones. He said on aorth College oa the north ead there are trees planted is the ROW, the flowers and grass are all there. He said the business eommuaity has supported this all along. Mr. Bittle read the Chamber of Commeree statement; They are seriously eoneerned about excess govermeatal regulations whether it be in City Hall or in Washingtoa. The tree ordinance as proposed, in the Chamber's opinion, were exeessive government regulations on matters that should be left voluntary aetioa of the property owner. They had long beea iavolved is a variety of efforts to improve the appearance of Fayetteville. Currently through the sponsorship of the City of the Clean Community System which was previously Keep Ameriea Beautiful and soforth. In this effort they eoastaatly eaeourage all residents aad commercial enterprises to voluntarily beautify their property; to partinipate in various aati-litter eampaigas; aad to develop a positive attitude about the apearaaee of their community. As a result of this program is the last few years this eommuaity has had sigaifieaat appearance improvements from voluntary effort. One speeifin project was the eeatral busiaess distriet park around the downtown square. This was instituted by the voluatary support of the busiaess eommuaity and had been primarily funded by private eoatri- • • • Speaial Meeting Planning Commission September 15, 1986 Page 7 buttons amounting to over $180,000.00 since 1980 as compared to $34,000.00 from City funds. The Chamber had helped aoordi'aate this effort between the private sector and the City to make the ventral business district a focal point of the nommunity and an inspiration to others to make like improvements in the respective areas. It had been done without the direction of a City ordinance. In various deliberations on the recent tree ordiaaaee the Chamber had reviewed the multiple drafts available through its local Government Committee. Oa reeommendatioas of that committee the Board of Directors voted to request the Planning Commission and or the City Board of Directors to delay further eonsider- atioa of the proposed tree ordiaaaee until the City reviews and updates all other development ordiaaaees to streamline the administrative process in the post of development procedures. They had been concerned for sometime that the cost of doing business in Fayetteville was not eompetative with that of other locations. They believe that a general review of all regulatory ordiaaaees eoneeraing development was long over due and that the efforts need to be taken to streamline the process to make it more understandable to the developer and easier to do business in this community. If in this review it was determined that tree regulations were needed thea the adjustment should be made to the already existing green space requirements as part of the overall package and not approached as another separate ordiaaaee and administrative procedure with which it reverts. It further bothers the Chamber that only eommereial and industrial developments were singled out for tree planting. They believe that if tree regulations were imposed they should apply to all kinds of development and affect all property owners alike. In the Chamber's opinion there is not any rationale for applying a different set of standards to a developer of a 20 aare tract of land, whether that development be a shopping seater, industrial plant, apartment complex or a single family residential subdivision. The Chamber stands ready to assist the City in resolving this community issue in a rational, logical sequence, but is opposed to just adding one more ordinance to harass the development process in an unfair manner. Mitch Singleton, 1556 Clark, said he was for apple pie and mother hood also. He said where he lived he would like to have a garden but there are so many trees he can't grow a garden and was not willing to cut any of them down. He said there were several drafts of the tree ordinance eireulated and did not know where they came from or who they belonged to. Some of them bothered him considerably. If the SWEPCO building on the Northeast corner of College and Dieksoa does not pass the one draft of the sign ordiaaaee that he saw, he would like to be very opposed to that sign ordiaaaee because that is a very tasteful building. He said if the landscaping at the First South building did not fit the sign ordinaaee, he was sorry but that sign ordiaaaee was not rational. He said that building was an improvement over what was there for twenty years, the sign ordinance was not going • • • Speeial Meeting Planning Commission September 15, 1986 Page 8 to do anything about that junk yard on Washington Ave. He asked the City to be considerate, moderate and rational in their use of discretion with the sign ordinaaee. He was very tormented that some of them had good intentions but the restrietions were ridiculous. He is eoneeraed about providing sehool and City Government serviees in Fayetteville, they eat restriet industry businesses completely out. He said the Commission had the ability to make sure there was not going to be any new eonstruotion with the sign ordinaaee. He said they needed to realize they had a loaded gun. William Giese, 2549 Zion Road, said his reason for coming here tonight was he did not understand why this City needed another regula- tion. He said where he lived oa Zion Road the City put ia a sewer line sometime bank. He said there was a large Maple tree that was 150 years old in his yard. He said he counted the rings oa the tree after the City cut it down to see how old it was. Mr. Giese said his wife threatened to leave because he did not go out there with guas to make them stop. He said he went to the City Board several times, threatened them, did everything but puneh them in the nose to ask the City aot to eut the tree down. He said the Board ignored him and nut the Maple down and several Oaks and a eouple of nine Elms. Mr. Giese said he did not remember seeing anyone of the people here tonight to support him when he was trying to save that tree. He said today he drove by Old Missouri Road and they are fixing to put a new bridge aeross Mud Creek. The Arkansas Highway Department was there surveying and had marked several huge Oak trees and Elm trees for elimination. He said he was no engineer but he swore he could put a bridge aeross there that would be safe without cutting those trees down. He said he did not see one of the people here tonight at that location telling them not to eut those trees. He said what was the purpose of their tree ordinate. He said the League of Women seem to be promoting this ordinance. He could show them a pieee of property across the street from him that was a disgrace to the City Fayetteville. He said there was a building on it and it had been attacked by a buaeh of hoodlums who have hung out there for 13 years and was owned by Dr. Henry and his wife. He said he just ordered 2000 seedlings and had planted more trees on his plaee than any one of the people sitting there. He asked had anyone walked through the new expansion of Township Road. He had and asked how many trees were destroyed. He said was that street really aeeessary that goes from Highway 265 to North College. Mr. Geise said they are going to destroy thousands of trees for that road and did not think those people here tonight were ia the real world and he said they were not worth it. He said Mrs. Orton was sitting it the audieaee and he called her everytime it rained and would tell her he hated her because they put that sewer line through and eut those trees down. Now he has a lake there and emit even grow any grass in his yard. He has seen developers do beautiful work in Fayetteville and look what the City Administration allows to happen. • • • Special Meeting Planning Commission September 15, 1986 Page 9 Herbert Hatfield, 1 Mt. Nord, said he has 18 trees on his lot. He said he has taken out a few in the past so he could see the street. He said he was concerned about the blind intersections this City had. They should be opened up so he could see more than 50' down the street before making a turn. Mr. Hatfield said he lived here for 60 years and saw Fayetteville grow from a population of 2,500 to a present population of 45,000. He did not think Fayetteville had suffered very much from a loss of trees. He said it was up to property owners to do their own building of shade. Kirby Estes, 4590 Wyman Rd., had several reasons for being there and one of them was he grew up here. He said he was for the tree ordinance because he believed Fayetteville needed some sort of control over what trees go and what tree remain. He said the principal thing was there are a lot of trees being removed as mentioned earlier that are aot being replaced in kind. He said this area was developing in a very fast way, as to streets coming in and sewer improvements and this does cause removal of trees. There has to be some measure of control in replacing trees that are removed to some proportion, otherwise this City may wind up with not so many trees around here. He said we are surrounded by trees and it's hard to see the need for trees in the City. But if the trees are lost in Fayetteville now it would be a little late to do something about it. He said he wanted to go oa record as being for the tree ordinance. Joel Freund, 1408 Rockwood Trail, responded to "if it ain't broke don't fix it". He was afraid, given the growth pattern coming to this City, that zoning and planning were broke. It was not going to handle the rate of growth that Fayetteville would see. He thought the tree ordinance was a very good thing but was afraid it probably was not enough. He said what sells their City to business was the image. He said the image of Fayetteville was the landscaping, trees and how it looked He said even if all the businesses go to Springdale because they do not have any ordinances and they build big plants out there, the people would still come and live in Fayetteville and pay taxes. Mr. Freund said he somewhat hesitated to agree with Mr. Bittle and the Chamber of Commerce but in one sense they were right. We do need a comprehensive plan for this City and if they leave things well enough alone and don't have regulations then we may have something looking like the water slide area on North College. He said people have dug into that hillside with no planking or anything and a landscape ordinance may have helped prevent that. Al Via, 213 S. Block, said he was in favor of a tree ordinance but was not really in favor of trees blocking vision of anybody on North College Ave. He did not waat anybody killed in order to have trees. But he thought there were many people here who do realize and understand � 85 • • Special Meeting Planning Commission September 15, 1986 Page 10 that trees are a major part of the life support system of this planet. He said that had not been mentioned tonight but it was very important. Other places in the world where trees have been removed, such as Northern Africa or Southeastern Uaited States, were haviag an average anaual rainfall between 40-80 cashes per rain and were suffering devastating droughts. He said that should begia to show us how mueh we need trees. He felt saddened that there was a need to enforce a tree ordinaace. He spoke for the trees and also the aaimals that live in the trees. He agreed there were some ecoaomis factors involved and that was somewhat important. But on the other hand he wondered why it Bost so much money to plant a tree. Bill Alexaader, 509 W. Spriag, said he eame is favor of the tree ordinaaee but as he listeaed more and more he felt like he was against it. The reason was he loved trees, but hated all kinds of laws, regulations and ordiaaaees. He said laws to eontrol residential laadseaping sounded horrible to him. He said one speaker said it would aost about $20,000.00 a year to eaforee the tree ordiaaaee. What he would like to suggest was to take the $20,000.00 and 'create tea $2,000.00 annual awards for the most beautiful job of laadseaping arouad the buildiags. He said that would ereate more friendliness between the people and the Goverameat and beauty in the City rather thaa a law to punish people who break the tree ordiaaaee. Diane Keffer, Rt. 11, said she eame here from Clear Water Florida, whieh is a very beautiful City. But at one point there was a great danger that the beauty of Clear Water would be lost. That was because the City had not kept up with developers. She said the developers had been nutting many native trees as they built throughout Clear Water and the out lying areas. Clear Water spent a lot of moaey to catch up with the developers in making the laws and enforcing the laws that would keep the rest of the trees there that had not been lost. She felt Fayetteville would have a tree ordiaaaee now or later but she did not want it to happea when it was too late. She would like to see it happea now. Hubert Agee, 1350 Stubblefield Rd., said he belonged to an aethetie 'club is Fayetteville and spent 1 year putting up trees. He said you eaaaot force people to put up trees. He said he had beautiful trees in his yard and enjoyed the squirrels. He said putting trees in parking lots 'creates a very hazardous driving condition and if one life was lost it simply was not worth it. He said if those trees are put in parking lots is 5 or 10 years those trees are eventually going to uproot the eon'crete or blacktop. He said there would be eoastaat and oagoing upkeep. • Janks asked if there was anyoae else that would like to speak. There beiag no other speakers the meeting adjourned.