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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 r MfON J .` - City of Fayetteville, Arkansas 113 West Mountain Street _ Fayetteville, AR 72701 (479) 575-8323 ri rp �r 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 Existing Ordinance Language TITLE XV UNIFIED DEVELOPMENT CODE (3) Off -site forestation. If off -site preservation cannot be achieved, the applicant may seek approval from the urban forester to plant the required number of trees on another site owned by the applicant and located within the city limits or, with the express approval of the City Council by its resolution, within one - quarter mile of the Fayetteville city limits. A tree conservation easement must be conveyed by the applicant to the city to protect any off -site preservation or forestation. (4) Tree escrow account. Tree preservation on - site is always the preferred option, with on - site mitigation, off -site preservation and off - site forestation to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four years to ensure it remains the fair market costs for tree planting and maintenance for three years. (a) Residential Subdivisions which cannot achieve the Base Density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The City shall use the money paid into the Tree Escrow Account to plant trees within the subdivision along rights -of -ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the urban forester. (b) Money contributed in lieu of On -Site Mitigation or Off -Site Forestation shall be paid prior to issuance of a Building Permit on all Commercial, Industrial, or Multi -Family Residential buildings and prior to Final Plat acceptance for all Residential and Non -Residential Subdivisions. (c) Money contributed under this section: CD167:11 (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either City Staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (d) If it is not possible to plant trees within the subdivision, planting locations will be sought in appropriate sites within a one (1) mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to J (2) and (3). Data extracted from the Urban Forest Analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a four percent (4%) annual rate. (f) Refunds shall be paid to the Applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the Applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the Applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban forester shall provide the Applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this Ordinance. RECEIVED NORTHWEST ARKANSAS JUN 03 2015 CITY OF FAYETTE4/IIIUL Democrat azettic CITY CLERK'S W ltd P.O. BOX 1607, FAYETTEVILLE, AR, 72702 ® 479-442-1700 • FAX: 479-695-1118 m WWW.NWADG.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance 5773 Was inserted in the Northwest Arkansas Democrat Gazette on: May 28, 2015 Publication Charges: 103.76 Cathy Wiles Subscribed and sworn to before me This `3 dayoftjA. , 2015. Notary Public / NOTARY•':"�� My Commission Expires: L24E PUBLIC is -;?s1012A:•'� � **NOTE** ifs,/NGTON C��C�a`e� Please do not pay from Affidavit. Invoice will be sent. ° Iii i i 4 %�''