No preview available
HomeMy WebLinkAbout68-04 RESOLUTION• RESOLUTION NO. 68-04 A RESOLUTION TO MODIFY THE TREE PRESERVATION EASEMENT LOCATED WITHIN LOT 6 OF THE PINE VALLEY SUBDIVISION WHEREAS, the owner and applicant for modification of the tree preservation area on Lot 6 of the Pine Valley Subdivision has proven that this modification is in the best interest of the City of Fayetteville. 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 hereby finds the proposed modification would not lower the preserved tree canopy below the required level, would allow landscaping to replace dying trees, and would be in the best interest of the City of Fayetteville. The City Council therefore accepts the modification of a tree preservation easement within Lot 6 of Pine Valley Subdivision as shown on Exhibit "A". PASSED and APPROVED this the 4`" day of May, 2004. ATTEST: ii. .c.)% Y• 0'c SG'- S. _ .. .• p�• �3 c ;FAYETTEVILLE' Vok 99iCANSP�J?' By: tatattai SONDRA SMITH, City Clerk By: APPROVED: DA COODY, Mayor 1 C t D 1 era 41AGn1G,m0Tss JACK & JUANITA HENDEST DEBBIE CA11/6011 4754 AR RIDGE DR SpWRC IMS, AR 12784. 25 9IJWR' SETBACK • 20.' intuit EACtiiENf IREE.PRESERVAT10N AREA -3A- 8' BUDDING 15* BUILDING SETBACK/URI. SETBACK & DRG. ESMT. TRACT 6A 0.9837 AC. M/L I MASSEY. MIT• C• H 1924 `ILLS AR ,r ▪ A - •Ni... I IIDT ADORES& 2768 WIIDWOOD DR . \ AYETLEVILLE. M 7k701 • f 21 Butt c • a MUTT 'NII_ F.F_E — 1231.00 • .JM8ES.MEADOW_JN5VE`_______ 2274 N 'FAYETTENUE, . AR 72704 tOTADORES" 27.30, 2732 WIIDMOOD DR FAYETTENUE M 72701. 12 ACCESS AND UTILITY FACEMENT 8' BUILDING SETBACK 15' BUILDING SETBACK & • UTIL ESAT. E \,era 274 'dr MEADOW DRIVE FAYET'IEVILLE, M 72704 428 . 27725, 2728AR 0. OR FAYETTEME. AR 72701L. f. R AR ]2]01 D1CLFFE GODCET B. IRIVE AR 72704 I we�+u�wJuuU��D I�©AD I LOT bpi �1 1 1977 PINE VALLEY DR FAYE1!ENUL. M 72701 I MADBG ADORES: RONALD L. & BARBARA J. JOHNSON 1 1010 PROSPECT 2k\ PASADENA, CA 91103 1 R-2 PZHIf1 O1NG -- I=---� LOT LOT LOTADDRIS: 2041 N SHDDH OR FAYETTEVILE. AR 72 IUBna NAIL ANGERS FAMILY • UNITED PARTNERSHIP P.O. BOX 3330 FAYETTEVIUE, AR 72 R-1 ZONING ((P P41` �� '÷ $YCAP O 49 pti til 12320NEST DR FAYETTEVILLE..AR 7271 ANDERS FAMILY UNITED PARTNERSHIP P O BOX 3330 FAYI:I ¢NUE AR 7271 • BeR-1 ZONING fpU If ®.Typ. TRACTBA Ir O.B. TRACT BB 2710 PODT WEST OR. fAYEttEVut, AR 52701 RCNADD M: & ,BARBARA 1 JOHNSON 1000 PROSPECT BLVD PASADENA. LA 11103 L. 1.1 ZONING PICA LOT We hereby certify Rost all utfNy easements laeluding cable telesleicn easementt. In.tafed or proposed is be Installed and platted F this subdMelan (large scale development) are as requested and approved, at the Plat Rede\, -meeting of She -dty •of F9yett9921e. Arkansan F -o L{ DATE O7 ELECTRIC REPRESENTA EXHIBIT 'A' NAME OF FILE: CROSS REFERENCE: Resolution No. 68-04 w/Ex. A nt • IlClll ft vmc 1 04/15/04 memo to mayor & city council 2 draft resolution 2 copy of Close Up View 3 copy of Pine Valley Lot 6 tree preservation easement map 4 04/16/04 Pine Valley Phase V Lot6 neighbors 5 04/20/04 Staff Review Form 6 05/12/04 memo to Craig Carnagey NOTES: • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Council Memo Res • 5/y/o9 lg-off /%.l xtrvaflo CC Meeting of May 04,004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 To: Mayor Dan Coody Fayetteville City Council Copy: Tim Conklin, Community Resources, Planning and Engippering Services Director Dawn Warrick, Zoning and Development Administrator From: Craig Camagey, Landscape Administrator Date: April 15, 2004 Subject: Pine Valley Lot 6 Tree Preservation Easement Modification RECOMMENDATION Planning Staff recommends approval of a resolution to modify a recently approved tree preservation easement located within lot 6 of the Pine Valley Subdivision. This action will allow a portion of the total easement area on this site to be removed from deed restrictions This will also permit the property owner to remove unhealthy trees, restore the health of several trees in decline, replant this area with new trees, and add landscape elements. BACKGROUND The Tree Preservation and Protection Code, Chapter 167(L)(2) of the UDC states: The geographic extent and location of tree preservation areas, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the landscape administrator, who shall ask the city clerk to place it on the agenda of the next regularly scheduled City Council meeting. On December 22, 2003, staff met on site with the applicant's engineering firm. The project proposal preserved trees well above the required percent minimum for this site's zoning designation (29.6% preserved / 20% required minimum). The majority of this preservation was located within the riparian corridor of the creek along the north boundary of the site. A small area of large trees also existed along the front property line (* map attached). At that time it was pointed out to staff that the owner desired to preserve every existing tree possible. Staff agreed K: IReports120041CC REPOR7SUMAY MEETMNGSICC Memo -Erwin Easement Modiftcation.doc • • with the proposed preservation area along the creek, but had concerns about the health of the trees located in the front of the site. The trees were dormant at this time so assessment of their health was difficult to determine. In the past, there had been approximately 6 — 12" of soil fill placed over the roots of these trees. The impact of this fill on long term tree viability could only be determined by a more in-depth analysis of how the roots of the trees were responding to these conditions. Staff recommended that before any preservation was proposed, a certified arborist be employed to determine the long term viability of these trees. Staff also recommended that all trees proposed for preservation be placed within a protective tree preservation easement in order to protect them from future development. Following this discussion with the engineer, a revised final plat was submitted. This plat showed both the trees along the creek and the trees in the front of the property proposed for preservation. Staff s understanding, based on the submitted proposal for preservation areas and the stated desire of the owner to preserve all trees, was that the recommendation made on-site to consult an arborist was either fulfilled or rejected. During review, staff made the request that all trees proposed for preservation be placed within a deed restricted preservation easement. The applicant accepted this recommendation and revised the plat showing all proposed tree preservation areas being within such an easement. After approval of the final plat by the Planning Commission, the applicant proceeded with site planning. During this time the applicant became concerned about the health of the trees in the front of the property. An arborist was consulted and a determination made that most of these trees would not live for many years longer. Because the applicant wished to build on the downward slope from these trees, and desired a landscaped area in the front of this property, the applicant requested to remove all of the trees determined by the arborist to be in poor health DISCUSSION This request would modify the existing easement, and reduce the overall preserved canopy of the site. The reduction of canopy cover would result in 4,520 sq. ft. of canopy removed. This would alter the project's preservation numbers from 29 6% preserved, to 24.1%. The altered preservation calculations remain above the required percent minimum. The applicant has stated that the area requested to be removed from the easement will remain as a landscaped area. Conversations with the neighborhood have occurred, and residents are in support of this request (*signed petition attached). BUDGET IMPACT None. K: tReports120041CC REPORThWA YMEiTINGSICC Memo -Erwin Lasemeni Mod fscation.doc • • RESOLUTION NO. A RESOLUTION TO MODIFY THE TREE PRESERVATION EASEMENT LOCATED WITHIN LOT 6 OF THE PINE VALLEY SUBDIVISION WHEREAS, the owner and applicant for modification of the tree preservation area on Lot 6 of the Pine Valley Subdivision has proven that this modification is in the best interest of the City of Fayetteville. 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 hereby finds the proposed modification would not lower the preserved tree canopy below the required level, would allow landscaping to replace dying trees, and would be in the best interest of the City of Fayetteville. The City Council therefore accepts the modification of a tree preservation easement within Lot 6 of Pine Valley Subdivision as shown on Exhibit "A". PASSED and APPROVED this the 4th day of May, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: � pR� By: DAN COODY, Mayor POINT WEST.SI Legend Master Street Flan Master Snail Plan FrtewrylEprmssw y seam Principal Arbrial ® Minor Arbiid Caaedar • ••• Historic Cdlecbr C211 City limits Outside City PINE VALLESLOT 6 TREE PRESEISATION EASEMENT MAP MING Cele •L4 ! WARM Nan C/0 tea CA4754CW t 11=AR Itt4 23 GM= SMACK 3C utu r &Abet* 111 40110$616:0 It MOMS 4 +n t ese 3074 OLIRCIEADGR YLKMETWALL(M ]2700 • t7fl hVIRS4 27.30. nu ItO1000 OR EASET1F M 727011 ir ACCESS PEEL I EASEMENT LO r r T ILLOK �N 1s[1FIAW UM EWE tRMI 704[5 C x W4Olt%RF MO 770 , g lm MOI t4 $ £A1ETW LZ. m 1IlD�t701 1 A III TRACT 6B 0.9206 AC. Mo L IY 5• lI ` j •-0412.. er• i *a •�."AiIeke ( ,- ,a.ASeltaii."0 4k4 4s -t SUZY M sea 1MIL N 72701 FIAT D IAJ. TJ A MESON PROMPT ELM) OM. CA 91103 LOT il, cMStM "'atilt I PONMD IL . 0MpMA a ao..N. 1000 PROSPECT FILMS ISAAC A CA TSN R-9 PIEt, LOT NT w.a 9041 M StbI t FMERENIE M 71» mu rorty@ MOORS EMILY WREO PARMOSHIP PA 00% ]SW FMET1n SE M 197a 0-1 MORO LOT MOM 2710 Pott FEST 01. FAIRR.MN6 AR 191b MAILIMISMICA Star Fay SURD 1, 3330 AP FAWTTIIM&E M 72702 P.O.C.-1 I(MM0 PCTruer P.O.B. M4Croa LOT M. OF Dllltt FA4N1/1I12 i Say b a 4*ISI i Fob! On*pmenSAG W WYe. «�n.nLL MIOW > ass ORy a fasta. Menet SSW eK..•M, 01 Va PoI Tree Preservation Area requested for modification. ""mtui--PPR.16.Zea4 • B:23?1 hinvoitardisnerowyn••• 4.1 NO.517 '--P.2--Da..,....ate Pine Valley Phase V Lot 6 I have reviewed and discussed with Jim Erwin about the re novel of the trees on the front of the property on Lot 6 of the Pine Valley Phase V addition. I agree these tress are not very eye please or in very good health. I think alining Jim Emir] to remove there and redesign and replant new tees end bushes will be better for the neighborhood and be more eye pleasing in the long run. Neighbors signature.. 0;$41-72t LaiikAvki f3Thin -Ouf Qmictie a‘)/(c.1— ..1, • i•mb.... •.W..,.M .talo.,.... .M.....,...__, I STAFF VIEW FORM - NON-FINANCIAL O0IGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: May 4, 2004 FROM: Dawn Warrick Planning Name Division CP&E Department ACTION REQUIRED: Resolution approval. SUMMARY EXPLANATION: Pine Valley Lot 6 Tree Preservation Easement Modification was submitted by James Irwin for property located at Lot 6 of the Pine Valley Subdivision. The request is to modify a recently approved tree preservation easement. STAFF RECOMMENDATION: 7LatutcI( Di`vision Head Approval. City Att Department Director Finance & Internal Services Dir. Chief Administrative Officer Mayor Dtte Date Date Date tu►tezc_Uy Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number. New Item: 10/01 Date eht Yes No rpt • FAME 1 TEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Craig Carnagey Landscape Administrator From: Clarice Buffalohead-Pearmari City Clerk Division Date: May 12, 2004 Re: Resolution No. 68-04 Attached is a copy of the above resolution passed by the City Council May 4, tree preservation easement located within Lot 6, Pine Valley Subdivision. The resolution with attachments will be recorded in the city clerk's office anything else is needed please let the clerk's office know. /cbp attachments 2004, modifying the and microfilmed. If