HomeMy WebLinkAboutOrdinance 5773ORDINANCE NO. 5773
AN ORDINANCE TO AMEND § 167.04 (J)(3) OFF-SITE FORESTATION TO
AUTHORIZE THE CITY COUNCIL TO ALLOW FORESTATION WITHIN A
NEARBY CITY PARK OR PUBLIC RIGHT OF WAY IF DETERMINED BY
THE CITY COUNCIL TO BE IN THE BEST INTERESTS OF OUR CITIZENS
WHEREAS, § 167.04 (J)(3) Off-site forestation currently requires that land which would be
planted with mitigation trees by a developer which cannot reasonably meet the tree preservation
requirements on the development site be owned by the developer; and
WHEREAS, such a requirement is normally a very proper and reasonable requirement, but if the
City Council believes a nearby city park and its neighboring citizens would benefit from
forestation, the City Council should have the option and authority to allow a developer to plant
and maintain necessary mitigation trees in the nearby city park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04
(J)(3) Off-site forestation by placing all existing wording in subsection (a) and enacting a new
subsection (b) as shown below:
"§ 167.04 (J)(3)
(b) An applicant may plant and maintain mitigation trees needed for the applicant's
development as to fulfill the obligation set forth in the Tree Preservation and Protection Chapter
in a nearby city park or public right of way if expressly approved by City Council Resolution. The
City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff
and citizens about the advisability of forestation of the nearby city park and may apply express
conditions including requiring irrigation to be installed and regular maintenance to be performed
by the applicant."
PASSED and APPROVED this 19th day of May, 2015.
IC
AN, Mayor
Page 2
Ordinance No. 5773
ATTEST:
By:
SONDRA E. SMITH, City Clerk Treasure
FAYETTEVILLE
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- City of Fayetteville, Arkansas 113 West Mountain Street
_ Fayetteville, AR 72701
(479) 575-8323
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Text File
File Number: 2015-0233
Agenda Date: 5/19/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
AMEND § 167.04 (.I)(3) OFF-SITE FORESTATION
AN ORDINANCE TO AMEND § 167.04 (J)(3) OFF-SITE FORESTATION TO AUTHORIZE THE
CITY COUNCIL TO ALLOW FORESTATION WITHIN A NEARBY CITY PARK OR PUBLIC
RIGHT OF WAY IF DETERMINED BY THE CITY COUNCIL TO BE IN THE BEST INTERESTS
OF OUR CITIZENS
WHEREAS, § 167.04 (J)(3) Off-site forestation currently requires that land which would be planted
with mitigation trees by a developer which cannot reasonably meet the tree preservation requirements on
the development site be owned by the developer; and
WHEREAS, such a requirement is normally a very proper and reasonable requirement, but if the City
Council believes a nearby city park and its neighboring citizens would benefit from forestation, the City
Council should have the option and authority to allow a developer to plant and maintain necessary
mitigation trees in the nearby city park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04 (J)(3)
Off-site forestation by placing all existing wording in subsection (a) and enacting a new subsection (b)
as shown below:
"§ 167.04 (J)(3)
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in the Tree Preservation and Protection Chapter in a nearby city park or
public right of way if expressly approved by City Council Resolution. The City Council shall seek
advice from the Urban Forester, Parks and Recreation Department staff and citizens about the
advisability of forestation of the nearby city park and may apply express conditions including requiring
irrigation to be installed and regular maintenance to be performed by the applicant."
City of Fayetteville, Arkansas Page 1 & Printed on 9/28/2015
Ken Eastin
Submitted By
City of Fayetteville Staff Review Form
2015-0233
Legistar File ID
5/19/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/30/2015 Parks & Recreation /
Parks & Recreation Department
Submitted Date Division / Department
Action Recommendation:
Approval of a proposed ordinance amendment to UDC Chapter 167 to allow off-site mitigation trees to be planted
in nearby parks, when expressly approved by City Council Resolution.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget l $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Tay e evl e
ARKANSAS
MEETING OF MAY 19TH 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Alison Jumper, Park Planning Superintendent
FROM: Ken Eastin, Urban Forester
DATE: April 30th, 2015
SUBJECT: Amendment to Chapter 167: Regarding Off-site Forestation
PROPOSAL:
It is the purpose of Chapter 167 of the Unified Development Code to preserve and protect the
health, safety, and general welfare, and to preserve and enhance the natural beauty of
Fayetteville. The chapter outlines four (4) principles in which preservation is the first, best, and
standard approach. Since preservation cannot always be fully achieved, the City Council
authorized tree mitigation and payment into the Tree Escrow Account as additional ways to
meet the tree preservation requirement.
Chapter 167.04 (J)(3) Off-site forestation currently allows the developer to plant mitigation trees
required with the development off-site—that is, on another piece of land also owned by the
developer. Although this is typically a very proper and reasonable requirement, there are times
when a nearby city park and its neighboring citizens would benefit from the trees being planted
on a publically owned and accessed property.
This proposal would allow an applicant / developer—at their request—to plant and maintain off-
site mitigation trees needed for the development in a nearby city park, if expressly approved by
City Council Resolution.
Per the. attached language revision, the City Council would seek advice from the Urban
Forester, Parks and Recreation Department staff, and citizens about the advisability of planting
the trees within the nearby city park. Further, just as currently required of mitigation trees, the
trees would be installed, managed and watered or irrigated by the applicant during the three
year establishment period. The existing requirement of a three year surety for each mitigation
tree would also remain.
RECOMMENDATION:
Staff recommends approving the proposed ordinance amendments to Chapter 167: Tree
Preservation and Protection.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The ordinance requirement will not have an impact on the City budget. The developer would
install, manage, and water the trees approved for planting on park land, just as is currently
required of mitigation trees planted on private land.
Attachments:
Existing Ordinance Language
Proposed Ordinance Language
