HomeMy WebLinkAbout151-03 RESOLUTION• •
RESOLUTION NO. 151-03
A RESOLUTION AFFIRMING THE PLANNING COMMISSION'S
APPROVAL OF A VARIANCE FROM THE REQUIREMENTS OF
§167.04, TREE PRESERVATION & PROTECTION, UNIFIED
DEVELOPMENT CODE TO ALLOW ON-SITE MITIGATION IN
THE LEGACY POINTE RESIDENTIAL SUBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
pursuant to §156.03(C)(5), Unified Development Code, hereby affirms the
Planning Commission's approval of a variance from the requirements of §167.04,
Tree Preservation & Protection, Unified Development Code to allow on-site
mitigation in the Legacy Pointe residential subdivision.
PASSED and APPROVED this 7th day of October, 2003.
By: yyo,,4,tai,,,,,iL
SONDRA SMITH, • ity Clerk
APPROVED:
By
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 151-03
Document
•
1
09/24/03
staff review form w/attachments
draft resolution
memo to mayor/city council
memo to
Planning Commission
memo to Craig Carnagey
copy of Variance Petition
copy of Warranty Deed
copy of Arvest Bank letter of credit
Close Up View
One Mile
View
copy of Planning Commission minutes
2
10/13/03
memo to Daw Warrick •
NOTES.
STAFF REii W FORM - NON-FINANCIAL OBLrATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: October 7, 2003
7)77/03
/51-93
FROM:
Dawn Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: p.+.Fiaaaee Approval.
SUMMARY EXPLANATION:
ADM 03-18.00 was submitted by Charles Sloan for the Legacy Pointe subdivision. The request is to affirm
the Planning Commission's approval of a variance of Unified Development Code §I67.04 and for the
developer to provide an alternate method of compensation to the City of Fayetteville for removal of trees
within the subdivision. The method proposed is for the developer to plant, establish, and maintain all trees
required for mitigation planting.
STAFF RECOMMENDATION:
Staff recommended approval and on September 8, 2003 the Planning Commission voted 8-0-0 to approve the
request as submitted in the variance petition.
Gt,D A C. eh
vision l ead
D1 • W ��`�""�
City Attorrfcy
Department Director
Finance & Internal Services Dir.
Chief Officer
/0914 (2070.4r A
Mayor
11181°3
Date
Received in Mayor's Office
/6 -J3 Cross Reference:
Date
Previous Ord/Restt:
.1;.cj
Date Orig. Contract Date:
Date
Orig. Contract Number.
Date
New Item. Yes No
• •
RESOLUTION NO.
A RESOLUTION AFFIRMING THE PLANNING COMMISSION'S
APPROVAL OF A VARIANCE FROM THE REQUIREMENTS OF
§167.04, TREE PRESERVATION & PROTECTION, UNIFIED
DEVELOPMENT CODE TO ALLOW ON-SITE MITIGATION IN
THE LEGACY POINTE RESIDENTIAL SUBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
pursuant to §156.03(C)(5), Unified Development Code, hereby affirms the
Planning Commission's approval of a variance from the requirements of §167.
Tree Preservation & Protection, Unified Development Code to allo%#on site
mitigation in the Legacy Pointe residential subdivision. ! r
PASSED and APPROVED this 7th day of October, 2003.
By
ROVED:
By
SO$IDRA S h' IT ' lty Clerk
Mayor
FAYETTEEILLE
THE CITY OF FAYE1TEVILI.E. ARKANSAS
PLANNING DIVISION CORRESPONDENCE
•
CC Meeting of October 7, 2003
125 W. Mountain St.
Fayetteville. AR 72701
Tcicphtne (501) 575-8267
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Craig Carnagey, Senior Planner (Landscape Administration
TIIRU: Dawn Warrick, AICP, Zoning & Development Administrato
DATE: September 16, 2003
ADM 03-18.00 was submitted by Charles Sloan for the Legacy Pointe subdivision. The request
is to affirm the Planning Commission's approval of a variance of Unified Development Code
§167.04 and for the developer to provide an alternate method of compensation to the City of
Fayetteville for removal of trees within the subdivision. The method proposed is for the
developer to plant, establish, and maintain all trees required for mitigation planting.
BACKGROUND
Mr. Charles Sloan has requested a variance from the requirements of § 167.04(F)(1) stating that
the strict application of this section of the ordinance would work an injustice as applied to the
Legacy Pointe Subdivision Development located off Double Springs Road. Currently the city is
not prepared to plant, establish, and maintain the required mitigation trees as approved in the
Tree Preservation Plan for Legacy Pointe Subdivision. Mr. Sloan has proposed an alternate
method to plant, establish, and maintain all of the required mitigation trees. The Landscape
Administrator has determined that this alternate plan does meet and exceed all of the
requirements currently placed on this development to mitigate for tree removal.
PUBLIC COMMENT
There was no public comment on this item at the public hearing held by the Planning
Commission.
CURRENT STATUS
On September 8, 2003, the Planning Commission voted 8-0-0 to approve and forward to the City
Council Mr. Sloan's petition for variance from the requirements of §16704 subject to conditions
recommended by staff.
RECOMMENDATION
Approval of the requested variance with assurances provided by the applicant and all staff
recommendations.
A': tReportst20031CC RAPORTSIOctober meermgslodm03-18_sban_a. memu.doc
• •
FAYETTEVILLE
THE CRY OF FAYETTEVILLE. ARKANSAS
PLANNING DIVISION
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP (Zoning and Development Administrator)
FROM: Craig Carnagey, Sr. Planner (Landscape Administration)
DATE: September 3, 2003
SUBJECT: ADM 03-18.00 Sloan Variance Petition Tree Ordinance
§156.03(C)(5) of the City's Unified Development Code states: A developer may petition the
Planning Commission for a variance from the requirements of Chapter 167, Tree Preservation
and Protection, in those cases where their strict application would work an injustice as applied
to the proposed development due to a situation unique to the subject real property; provided that
such variance shall not have the effect of nullifying the intent and purpose of the chapter. The
Planning Commission's approval of said variance must be affirmed by the City Council to
become effective, and a denial of the requested variance may be appealed to the City Council.
Description: Mr. Charles W. Sloan, the Developer of Legacy Pointe Subdivision off Double
Springs Road, has requested an alternate method of compensation to the City of Fayetteville for
removal of trees on the above mentioned property. The method proposed is for the developer to
plant, establish, and maintain all trees required for mitigation planting.
Background: In Accordance with the City's UDC §167.04(F)(1)Tree Preservation All
residential subdivisions requesting tree removal below the percent minimum canopy requirement
are required to contribute to the Tree Escrow Account. During the preliminary plat process the
developer reserved the right to request a tree variance before final plat approval. The Preliminary
Subdivision Plat for Legacy Pointe Subdivision, including the Tree Preservation Plan, has been
approved by Planning Commission. Currently, the developer is required to compensate the City
for 238 (1' caliper) trees at a replacement cost of $175.00 per tree. A letter of credit in the
amount of $41, 650.00 has been deposited with the City by the Developer. Currently, the City is
required to use this money toward mitigation planting on or in the vicinity of the Legacy Pointe
Subdivision.
SloanVariance
• •
Variance Proposal: The method of compensation proposed by the developer for the required
replacement of 238 (1" caliper) trees is to plant, establish, and maintain a minimum of 156 (5-6"
caliper) trees. One tree per single family and townhouse lot will be planted. Each property owner
will be given the choice of either planting one (5-6" caliper) tree or multiple (2" caliper trees).
These trees will be planted by a professional tree company approved by the City's Landscape
Administrator. Legacy Pointe Property Owners Association shall be responsible to the City of
Fayetteville to insure that each tree is planted, established, and maintained for no less than
twenty-five years. The developer shall deposit an irrevocable letter of credit with the City in the
amount of $41,650.00 as guarantee for the establishment of these trees. Upon completion of a
three year establishment period the Landscape Administrator shall inspect the subdivision and
determine whether ninety percent of the planted trees are healthy and have a reasonable chance
of surviving. In the absence of such a condition the City shall request from the developer the
replacement of any dead or unhealthy trees. Failure by the developer to take these remedial steps
within sixty days of a written request will result in the City's right to use the guaranty funds to
achieve compliance.
Finding 1: The square footage of canopy cover of planting 156 (4-6" caliper) trees is equal if not
greater than planting 238 (1" caliper) trees. The base density cover for 238 (1" caliper) trees
equals approximately 42,000 square feet. To meet this same square footage of canopy cover
using only a 4" caliper tree the developer would need to plant 137 of these trees. The minimum
planting scenario offered in this petition would be planting 156 (4-6" caliper) trees. With
property owners having the option of either planting 1 (4-6" caliper) tree or multiple (2" caliper)
trees, the developer is going beyond the mitigation requirements currently approved for Legacy
Pointe.
Finding 2: The City currently does not have the ability to plant, establish , and maintain
mitigation trees. All mitigation plantings have been proposed to be outsourced through the City's
RFP process.
SloanVariancc 2
• •
Finding 3: The combination of the letter of credit the developer has deposited with the City, and
the Protective Covenants on file with the County, provides a high level of guarantee to the City
that these trees will be planted, established, and maintained. This guarantee provides assurance
equal to the City contracting out of house the planting, establishing and maintenance of
mitigation trees.
Recommendation: Staff recommends approval of this variance with the following conditions:
Trees shall be planted during the appropriate planting season between October 15th and April
15th.
Describe the method(s) the applicant will utilize to track development of each individual lot that
will ensure the required trees are planted.
Provide a final date that all required trees will be planted by.
Describe the method used to ensure that maintenance, establishment, protection, watering, and
initial structural pruning of trees. Include the name of an International Society of Arboriculture
certified arborist or an equivalent approved by the Landscape Administrator who will be
performing the work, their contact number, and the date the work is scheduled to be provided for
each tree.
PLANNING COMMISSION ACTION: Yes Required
Approved Denied
Date:
Comments:
SloanVariance 3
FAYETTEVI CLE
THE CITY Of FAYETTEVILLI, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Craig Carnagey, Landscape Administrator
FROM: David J. Whitaker, Assistant City Attorney »Q
CC: Dawn Warrick, Tim Conklin, Hugh Earnest
DATE: September 8, 2003 RECEIVED
SEP 0 8 2003
RE: ADM 03-18.00 Sloan Tree Variance Request PLANNING DIV.
1 have reviewed Mr. Sloan's petition, as well as your findings in response. Paragraph G.
of the Sloan petition states:
"The City of Fayetteville is not yet prepared to meet its obligations in the implementation
of the Tree Preservation [Ordinance] and has not funded personnel or
facilities/equipment to implement the city's obligations to plant, fertilize, water and care
for the trees for a period of three (3) years after planting..."
In your Memo of September 3, you do not address this paragraph with any
particularized findings. This prompts two obvious questions:
1. Is this statement true? and,
2. If it is true, what is the City doing to meet its obligation to fund the equipment and
personnel needed to enforce the Tree Preservation and Protection Ordinance,
particularly §167.04(J)(4)(a)?
Whether at tonight's Planning Commission, or at the required session of the City
Council, I feel certain someone is going to ask about this, so you need to be prepared. If for
some reason the administration cannot fulfill the obligations set forth in the Ordinance, the
particular section dealing with the Tree Escrow Account must be revisited and revised as
quickly as possible in order to avoid a situation in which every residential subdivision has to
come before the Planning Commission and the City Council to request a variance.
•
4
VARIANCE PETITION
TREE ORDINANCE
TO: Fayetteville Planning Commission, City of Fayetteville
FROM: Sloan Properties, Inc. Owner and Developer, Legacy Pointe Subdivision
SUBJECT: Variance from Requirements of Chapter 167• Tree Preservation and
Protection
Developer: Charles W. Sloan Representative:
Sloan Properties, Inc. Attorney Raymond C. Smith
Post Office Box 3811 70 N. College Ave. Suite 11
Fayetteville, AR 72702 Fayetteville, AR 72701
(479) 444-8404 (479) 521-7011
(479) 444-9288 fax (479) 443-4333 fax
Project: Legacy Pointe Subdivision
Double Springs, Road
Factors that bear on the Variance Petition:
A. § 156.03(C)6 of Ordinance No. 4340 provides that a developer may petition the
Planning Commission for a variance from the requirements of Chapter 167 • Tree
Preservation and Protection, in those cases where their strict application would work an
injustice as applied to the Legacy Pointe Subdivision due to situation unique to the
subject real property and,
B. The Tree Preservation Plan for Legacy Pointe Subdivision has been approved and
the Tree Mitigation Form approved by the Landscape Administrator has proposed the
amount of $41,650.00, as the contribution of the developer to be deposited in the City of
Fayetteville Tree Fund, as set forth in §167.04(J)(4Xa) and,
C. The Tree Fund Calculation provides for 236 one inch (1") Caliper Replacement
Trees at a cost of $175.00 per tree or $41,650.00. The variance plan of the developer
LEGACY POINTE S/D VARIANCE PETITION -PAGE
provides for 156 5" to 6" native Arkansas trees at a cost of $350.00 to $375.00 per tree
or between $54,600.00 and $58,500.00, for the 132 single family Tots and 24 town house
lots and,
D. The developer's variance plan will provide a greater canopy coverage throughout
the subdivision at least three years earlier than plan as proposed by the City Landscape
Administrator and,
E The preliminary subdivision plat for Legacy Pointe Subdivision has been
approved, and the developer reserved the right to request a tree variance before approval
of the final plat of the Targe scale development and,
F. Strict application of the requirement for the developer to contribute to the amount
of $41,650.00 to the City Tree Fund would work as an injustice and hardship to the
development of the subdivision since it would delay for many years the objectives as set
out in § 167.01(A) for tree preservation and protection, and prevent the approach and
enforcement of the principle as set out in §167.01(BX2), and
G. The City of Fayetteville is not yet prepared to meet its obligations in the
implementation of the Tree Preservation Plan and has not funded personnel or
facilities/equipment to implement the city's obligations to plant, fertilize, water and care
for the trees for a period of three (3) years after planting; therefore, the Developer's tree
variance plan should be beneficial to and enhance the objectives and provide a viable
alternative, and
H. Some of the Tots within Legacy Pointe Subdivision have existing trees that
already meet the criteria as set out in the Tree Preservation Plan and will remain and
qualify for one (1) Native American Tree in the front yard of the lot.
LEGACY POINTE S/D VARIANCE PETITION -PAGE
2
•
Developer's Variance Plan.
1. The Bill of Assurances and Protective Covenants for Legacy Pointe Subdivision
filed for record on July 8, 2003, provides that the subdivision and building codes of the
City of Fayetteville as such now exists or hereinafter amended shall be and are hereby
made applicable to all lots in Legacy Pointe. The covenants and restrictions shall remain
in effect for twenty-five years and may be extended for successive five (5) year terms if
approved by a majonty of the lot owners.
2. Legacy Pointe Property Owners Association (LPPOA) shall be responsible to the
City of Fayetteville for ensuring the planting, maintenance and protection of one (1)
Native American Tree in the front yard of each lot within the subdivision and for all trees
either saved or planted in the common area of the subdivision. All planted trees shall be
planted under the supervision by a professional landscaper or a tree nurseyman.
3. LPPOA shall have the ultimate responsibility to oversee the planting, maintenance
and protection of the one (1) Native American Tree in the front yard of each lot within
the subdivision and for all trees either saved or planted in the common area.
4. LPPOA will provide to each lot owner within the subdivision proper planting
instruction and maintenance guidance for the planted Native American Tree during the
establishment period to increase the viability of each tree. Developer and LPPOA
recognize the concern expressed by the City of Fayetteville that the larger caliper trees
are not inherently of greater mitigation benefit. However, Developer and the nurseryman
have extensive experience in planting and care of larger caliper trees and this background
will utilize this experience in the development of proper planting and greater and detailed
LEGACY POINTE S/D VARIANCE PETITION -PAGE
3
•
care and maintenance guidance provided to each lot owner.
5. Each lot owner within Legacy Pointe shall be responsible to the Grounds
Committee of the Legacy Pointe Property Owners Association for the health of all
planted trees on the lot and shall be bound for not only for the three (3) establishment
period but also for the entire period of the Bill of Assurances and Protective Covenants.
6. Each lot owner within Legacy Pointe is required to plant and maintain one 4-6 inch
caliper Native American Tree in the front yard before the structure is certified for
occupancy. If the tree is damaged or dies it must be replaced within a two month period.
7. Developer shall deposit with the City either a irrevocable letter of credit or other
surety for the estimated cost of materials and labor for all trees at the time of planting in
the amount of $41,650.00, with said guarantee to be held by the City until the
satisfactory conclusion of the three-year landscape establishment period.
8. Upon completion of the three year landscape establishment period, the City
Landscape Administrator shall inspect the subdivision and determine whether ninety
percent (90%) of the planted trees are healthy and have a reasonable chance of surviving.
Upon such finding, the City shall release the guarantor and surety.
9. In the absence of such a finding by the City Landscape Administrator, the City
shall notify the Developer in writing replace any unhealthy or dead trees, or to take other
appropriate action as approved by the Landscape Administrator to correct the
discrepancies. Failure by the Developer to take remedial steps within sixty (60) days to
bring the lot in compliance with the spirit and intent of the tree ordinance, shall result in
the City's right to use so much of the funds of the guaranty as necessary to achieve
LEGACY POINTE S/D VARIANCE PETITION -PAGE
4
•
compliance. Once compliance has been verified, any remaining funds of the guaranty
shall be released to the guarantor.
10. Developer understands the City cannot enforce a subdivision bill of assurance
and protective covenants relating to the Tree Ordinance. However, it is important to
understand that the Developer has prepared and filed a Bill of Assurance and Protective
Covenants for Legacy Pointe Subdivision. The warranty deed for the lots includes
appropriate language (see attached) that the conveyance is subject to the assurances,
covenants and restrictions in the Bill of Assurances and Protective Covenants. The
covenants shall obligate each lot owner to the planting, feeding and care of one (1) 5" to
6" native American tree for a three (3) year period. In addition, the Restrictive Covenants
for Legacy Pointe require the lot owner to plant and maintain one 5" to 6" diameter tree
in the front yard for a minimum period of twenty-five years. Failure of the lot owner to
replant or maintain the tree after notice by the LPPOA would result in lien levied against
the lot for the cost of planting and maintaining the planted replacement tree.
ADVANTAGES AND BENEFITS TO THE CITY:
-Defer budget and operating cost for the City to augment Landscape Administration
Staff with additional personnel to oversee City's responsibilities.
-Defer hiring of additional personnel by the City to plant and maintain trees as part of
City's responsibility and to oversee City tree nursery.
-Reduce or defer City overhead costs to contract and purchase trees, fertilizer and
other landscape material and supplies.
-Reduce or defer City investment in vehicles and other equipments required if City
LEGACY POINTE SID VARIANCE PETITION -PAGE
5
•
is responsible for planting and care of trees for three (3) year period.
-Defer need for City to establish and maintain facilities for tree nursery and supplies.
LEGACY POINTE S/D VARIANCE PETITION -PAGE
6
•
•
qiow ALL MEN BY THESE PRESENTS:
WARRANTY nFF�
CORPORATION
(With Specific Power of Atto
That Sloan Properties, Inc., a corporation organized under the laws of the State of Arkansas by its
President duly authorized by proper resolution of its board of directors, for the consideration of ten dolars and
non 00— ($10.00) and other good and valuable consideration In hand paid by
grantee(s), the receipt of which is
hereby acknowledged, does grant, bargain, sel and convey unto the sad grantee(s) and unto grantee(s) heirs and
assigns forever the fdbwing described land situated in Washington County. Arkansas, to -wit:
LOT(S) LEGACY POINTE, PHASE I, A SUBDIVISION TO THE CITY
OF FAYETTEVILLE, AF:KANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A, AT PAGE
53, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO THE ASSURANCES, COVENANTS AND RESTRICTIONS IN THE BILL OF ASSURANCES
AND PROTECTIVE COVENANTS AND RESTRICT)ONS FOR LEGACY POINTE SUBDNISION TO THE
CITY OF FAYETTEVILLE, ARKANSAS.
To have and to hole the same unto the said grantee(s), and unto grantees) heirs and assigns forever, with
an appurtenances thereunto belonging, and grantor hereby covenants with the said grantee(s) that it will forever
warrant and defend the title to said lands against an lawful claims whatever. except easements, special
assessments and restrictions exctnng and/or of record. if any.
That the undersigned officer of Sloan Properties, Inc. by these presents do make cans*uta and appoint,
Heritage Land Title of Arkansas. its officers and authorized agents, our true and lawful attorney in fact for us in
our names. place and stead. and for our use and benefit far the purpose of dosing the sale of the real property
described above.
Sloan Properties, Inc, further empowers, Heritage Land Title of Arkansas, its dicers and authorized
agents, our true and lawful attorney in fad, to execute any and all documents in connection with the sale and
conveyance of the above referenced property, including the execution of settlement statements and other closing
documents necessary in toinection with Me sale of the above referenced property.
And Sloan ProperWs, Inc. hereby ratifys end confirms whatever. Heritage Land This of Arkansasits
officers and authorized agents, shall do pursuant to this power.
In testimony whereof, the name of the grantor le hereunto affixed by its duly authorized President, this 9th
day of July, 2003.
Stat of Arkansas
) SS.
county of Washington
Sloan Properties, Inc., an Arkansas corporation
Charts W Sloan, President
ACKNOWLFfGMFMI
Before me. the undersigned, a Notary Public in and for the aforesaid County and Stale, on this day
personally appeared. Charles W. Sloan. who acknowledged that he was the President of Sloan Properties, Inc..
and that he as such officer. being authorized so to do had executed the foregoing instrument for the purposes and
considerations setforth therein by signing the name of the corporation by himself as such officer.
Given under my hend and official seal this 90 day of Jury, 2003.
My commission expires:
Prepared By: Heritage Land Title of Arkansas
2153 East Joyce Blvd.
Fayetteville. AR 72703
501.442-6400
Notary Public
I certify under penalty of false swearing that at least the legally
correct amount of documentary stamps have been placed on this
document
Grantee or Grantees Agent
AUG -30-2003 SAT 03:43 An
FAX N0.
,QrkVEsT
BANK
75 North East Avenue
Fayetteville, Arkansas 72701 • 479-575-1000
P. 01
IRREVOCABLE STANDBY CREDIT
Beneficiary
CITY OF FAYETTEVII.LE, ARKANSAS
113 WEST MOUNTAIN
FAYE11r-VI11.E, Alt 72701
DATE OF ISSUANCE 07/03/03LotC No. L $86693
Account Party
SLOAN PROPERTIES, INC
3459 KNOTTINGHAM PLACE
FAYKI-lEvLLLE, AR 72703
$41,650.00
07/03/04
*mots t
Expiration Date
Dear Sirs,
We hereby issue this irrevocable standby credit in your favor, which is available by negotiation of your draft(s) at sight
drawn on us bearing the clause: -Drawn under standby credit No. •
Dated of Arvest Bank, Fayetteville, Arkansas, accompanied by the following
documents."
"HE HEREBY CERTIFY THAT SLOAN PROPERTIES, INC HAS FAILED TO COMPLETE THE TREE
IMPROVEMENTS AS REQUIRED BY THE CITY OF FAYEIBVTLLE IN THE LEGACY POINTE
SUBDIVISION IN THE CITY OF FAYETTEVILLE."
PARTIAL DRAWS Ll AUTHORIZED 0 PROHIBITED
We hereby engage with drawers and/or bona fide folders that drafts
drawn and negotiated In conformity with the terms of this credit will
be duly honored on presentation at our counters and that drafts
accepted within the terms of this credit will be duly honored at
maturity.
Yours very truly,
Arvest Bank n
Fayetteville, Arkansas li
CPR�s,i,�.�7
AtariCCMn (4CJ& /1'N�EIL
e8 Signatures Requires
PROVISIONS APPLICABLE TO THIS CREDIT
This credit is subject to the 'Uniform Customers &
Practice for Documentary Credit (1993 Revisions),
International Chamber of Commerce Publ ication, No.
500" and any subsequent revisions except so far as
otherwise expressly stated herein.
1886 695
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Planning Commission • •
September 8, 2003
Page 36
ADM 03-22.00: Administrative (Sloan Petition for Tree Ordinance Variance,
Legacy Pointe Subdivision) Mr. Charles W. Sloan, the Developer of Legacy Pointe
Subdivision off Double Springs Road, has requested an alternate method of compensation
to the City of Fayetteville's Tree Escrow Account for the removal of trees on the above
mentioned property.
Hoover:
Camagey:
Moving on to item number four, ADM 03-18.00 Sloan Variance Petition
for the Tree Ordinance.
Mr. Charles Sloan, the developer of Legacy Pointe subdivision off of
Double Springs Road has requested an alternate method of compensation
to the City of Fayetteville for removal of trees on the above-mentioned
property. The method proposed is for the developer to plant, establish and
maintain all trees that are currently required for mitigation planting. There
are really two issues here. One is whether or not the developer meets the
criteria of Chapter 156.03, which is a petition for a variance from the
requirements of Chapter 167. The applicant, the developer Mr. Sloan, and
David Whitaker will address. The other issue is whether the method that
the developer is proposing to plant, establish and maintain all of these
trees, meets the requirements that are laid out for planting mitigation trees
in the landscape manual. I will give you a little bit of background on this
section. In accordance with the city's tree preservation protection
ordinance, all residential subdivisions requesting tree removal below the
minimum canopy requirement are required to contribute to the tree escrow
account. During the Preliminary Plat process the developer reserved the
right to request a tree variance before Final Plat approval. The
preliminary subdivision plat for Legacy Pointe subdivision, including the
tree preservation plan, has been approved by the Planning Commission.
Currently the developer is required to compensate the city for the removal
of trees at a replacement cost of $175 per tree for 238 1" caliper trees. A
letter of credit in the amount of $41,650 has been deposited with the city
by the developer. Currently the city is required to use this money for
mitigation planting on or in the vicinity of the Legacy Pointe subdivision.
The developer's proposal, the method of compensation, as stated before, is
for the developer to replace the required mitigation trees, establish and
maintain those trees. He is requesting to plant a minimum of 156 5" to 6"
caliper trees, one tree per single family and townhouse lot will be planted.
Each property owner will be given the choice of either planting one 5" to
6" caliper tree or multiple 2" caliper trees. These trees will be planted by
a professional tree company approved by the city's Landscape
Administrator, Legacy Pointe's Property Owner's Association shall be
responsible to the City of Fayetteville to ensure that each tree is planted,
established and maintained for no less than 25 years as per the covenants
of the Legacy Pointe Property Owner's Association. The developer shall
deposit an Irrevocable Letter of Credit with the city in the amount of
$41,650 as guarantee for the establishment of these trees. Upon