HomeMy WebLinkAbout251-08 RESOLUTIONRESOLUTION NO. 251-08
A RESOLUTION TO GRANT A VARIANCE OF CHAPTER 167
TREE PRESERVATION AND PROTECTION, IN
ACCORDANCE WITH §156.03(C)(5) OF THE UNIFIED
DEVELOPMENT CODE TO ALLOW APPROVAL OF A TREE
PRESERVATION PLAN PRIOR TO DEVELOPMENT
REVIEW
WHEREAS, the Urban Forester has reviewed a detailed tree preservation plan and
arborist report of the trees located on Lots 8 and 14 of CMN Business Park; and
WHEREAS, the poor health of the existing trees on Lot 8 and requirement to raise the
property out of the floodplain for developmental would decrease the survivability and longevity
of these trees; and
WHEREAS, approximately 17% of the existing 19% tree canopy is located on Lot 14,
and the health and location of these trees will ultimately provide a greater environmental benefit
by preserving the riparian buffer, stabilizing the soil and providing habitat for wildlife, consistent
with the intent of the Tree Preservation and Protection Ordinance; and
WHEREAS, the City Council passed Resolution No. 118-08 that authorized the
acceptance of Lot 14 for the continued expansion of the City's "green corridor" and to allow
future trail construction between Scull Creek and Mudd Creek;
NOW, THEREFORE, 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 approves
the variance to allow dedication of approximately 5.05 acres of land to fulfill the tree
preservation requirements for development of Lot 8 CMN II Phase I.
Section 2. That the developer shall be required to dedicate the 5.05 acres to the City of
Fayetteville prior to issuance of development permits on the property as indicated on Exhibit "A"
attached hereto and made a part hereof.
Section 3. Although not required, the applicant shall at the time of development make
every effort to preserve existing canopy on Lot 8.
PASSED and APPROVED this 16th day of December, 2008.
APPROV •• ATTEST:
4
By
DAN COODY, Mayor
By:
Page 2
Res. 251-08
4.ckid 445
SONDRA SMITH, City Clerk/Treasurer
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Jeremy Pate`
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
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16 -Dec -08
City Council Meeting Date
Planning
Division
Action Required:
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ADM 08-3159: (CMN Lots 8 & 14 Tree Preservation Variance, 173): A variance request of Chapter 167 of the Unified
Development Code to allow approval of a tree preservation plan prior to development review.
$0.00
Cost of this request
n/a
Account Number
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Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
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Remaining Balance
Budget Adjustment Attached
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Program Category / Project Name
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Program / Project Category Name
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Fund Name
Department D4 Date
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Finance and Internal Service Director
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Comments:
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Date
Date
Previous Ordinance or Resolution # n/a
Original Contract Date.
Original Contract Number:
n/a
n/a
Received in City Clerk's Offic
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Received in Mayor's Office
City Council Meeting of December 16, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 26, 2008
Subject: Variance of Chapter 167 of the UDC
RECOMMENDATION
Planning Staff and the Planning Commission recommends approval of a variance of Chapter
167, Tree Preservation and Protection, of the Unified Development Code, to allow approval
of a tree preservation plan prior to development review within the Steele Crossing Business
Park, finding that the proposal to donate 17% of the existing 19% tree canopy on the
property, exceeding ordinance requirements, is consistent with the intent and purpose of the
tree preservation ordinance.
BACKGROUND.
The subject property consists of Lot 8 and Lot 14 of CMN II Phase I and'II respectively.
The lots are located at the northeast corner of Van Asche Drive and Steele Boulevard and
are currently undeveloped.
The Planning Commission approved the preliminary plat for Steele Crossing Business
Park on October 23, 2006, which would have subdivided Lots 8 and 14 into five
commercial lots served by an intemal private street. The tree preservation plan submitted
with the development showed that the two lots contained a total of 19% existing tree
canopy, the majority being located along the east and north property lines and along Mud
Creek. After evaluating the tree preservation plan and arborist report, the acting Urban
Forester recommended approval of the tree preservation plan, which preserved 17% of
the existing canopy, 2% more than required by ordinance This canopy would have been
placed within a protective easement and the remaining 2% of the trees found interior to
Lot 8 would have been removed with development.
Staff's positive recommendation for the proposed tree preservation plan was based on the
overall poor health of the trees on Lot 8, which had been negatively impacted by poor site
drainage, and the fact that a large portion of Lot 8 was located within the 100 -year
floodplain. Due to the requirement for buildings to be constructed at least 2' above the
base flood elevation, significant site grading (fill) would occur that would likely require
the removal of the remaining trees. The applicants, however, never moved forward with
construction approval for Steele Crossing Business Park and therefore the preliminary
plat and associated tree preservation plan approvals expired.
City Council Meeting of December 16, 2008
Agenda Item Number
The applicant is currently requesting a variance of Chapter 167 Tree Preservation and
Protection to allow approval of a tree preservation plan prior to development review. The
applicant is proposing to dedicate 5.05 acres of land containing the 17% tree canopy
original proposed for preservation; a variance is required because there is no development
plan being reviewed simultaneously that would ultimately justify removal of the canopy
interior to the site. However, based on a detailed review of all trees by the Urban
Forester on the arborist's report and the fact that a grouping of tree canopy comprising a
greater percentage than that required by ordinance will be protected, staff is in support of
the request This action will allow the property owner to deed this land to the City, and
ensure that future development on this particular lot has met the Tree Preservation
ordinance.
The subject land dedication has been reviewed by the Parks and Recreation Advisory
Board (PRAB) and by the Fayetteville City Council who on June 3, 2008 approved the
land donation by Resolution 118-08. Park staff recommended accepting the land to
expand the City's `green corridor" and to allow for future trail construction between
Mudd Creek and Scull Creek.
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 24, 2008..
The Planning Commission voted 7-0-1 to forward this variance request to the City
Council with a recommendation for approval with Commissioner Trumbo recusing.
BUDGET IMPACT
None.
RESOLUTION NO.
A RESOLUTION TO GRANT A VARIANCE OF
CHAPTER 167 TREE PRESERVATION AND
PROTECTION, IN ACCORDANCE WITH
§156.03(C)(5) OF THE UNIFIED DEVELOPMENT
CODE TO ALLOW APPROVAL. OF A TREE
PRESERVATION PLAN PRIOR TO
DEVELOPMENT REVIEW.
WHEREAS, the Urban Forester has reviewed a detailed tree preservation plan
and arborist report of the trees located on Lots 8 and 14 of CMN Business Park; and
WHEREAS, the poor health of the existing trees on Lot 8 and requirement to
raise the property out of the floodplain for developmental would decrease the
survivability and longevity of these trees; and
WHEREAS, approximately 17% of the existing 19% tree canopy is located on
Lot 14, and the health and location of these trees will ultimately provide a greater
environmental benefit by preserving the riparian buffer, stabilizing the soil and providing
habitat for wildlife, consistent with the intent of the Tree Preservation and Protection
Ordinance; and
WHEREAS, the City Council passed Resolution No. 118-08 that authorized the
acceptance of Lot 14 for the continued expansion of the City's "green corridor" and to
allow future trail construction between Scull Creek and Mudd Creek;
NOW; THEREFORE, 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 approves
the variance to allow dedication of approximately 5.05 acres of land to fulfill the tree
preservation requirements for development of Lot 8 CMN II Phase I.
Section 2. That the developer shall be required to dedicate the 5.05 acres to the City of
Fayetteville prior to issuance of development permits on the property as indicated on
Exhibit "A" attached hereto and made a part hereof.
Section 3. Although not required, the applicant shall at the time of development make
every effort to preserve existing canopy on Lot 8.
PASSED and APPROVED this day of , 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
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KANSAS
PC Meeting of November 24, 2008
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: Updated November 26, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 08-3159: (CMN LOTS 8 & 14 / STEELE BLVD. & VAN ASCHE, 173):
Submitted by MCCLELLAND ENGINEERS for property located at THE NE CORNER
OF STEELE BLVD. AND VAN ASCHE DRIVE The request is for a variance of
Chapter 167 Tree Preservation and Protection.
Planner: Jesse Fulcher
Findings:
Property Description: The subject property consists of Lot 8 and Lot 14 of CMN II
Phase I and II respectively. Thelots are located at the northeast comer of Van Asche
Drive and Steele Boulevard and are curtenfly undeveloped.
Background: The Planning Commission approved the preliminary plat for Steele
Crossing Business Park on October 23,2006, which would have subdivided Lots 8 and
14 into five commercial lots served by an internal private street. The tree preservation
plan submitted with the development showed that the two lots contained 19% tree
canopy, the majority being located along the east and north property lines and along Mud
Creek. After evaluating the tree preservation plan and arborist report, the acting Urban
Forester recommended approval of the tree preservation plan, which preserved 17% of
the existing canopy, 2% more than required by ordinance. This canopy would have been
placed within a protective easement and the remaining 2% of the trees found interior to
Lot 8 would have been removed with development.
Staff's positive recommendation for the proposed tree preservation plan was based on the
overall poor health of the trees on Lot 8, which had been negatively impacted by poor site
drainage, and the fact that a large portion of Lot 8 was located within the 100 -year
floodplain. Due to the requirement for buildings to be constructed at least 2' above the
base flood elevation, significant site grading would occur that would likely require the
removal of the remaining trees. The applicants, however, never obtained construction
approval for Steele Crossing Business Park and therefore the preliminary plat and
associated tree preservation plan approvals expired.
K:\Reports\2008\PC Reports \22 -November 24\ADM 08-3159 (CMN Lots 8_I4_Trce Preservation).doc
Request: The applicant is currently requesting a variance of Chapter 167 Tree
Preservation and Protection to allow approval of a tree preservation plan prior to
development review. The applicant is proposing to dedicate 5.05 acres of land containing
the 17% tree canopy original proposed for preservation; a variance is required because
there is no development plan being reviewed simultaneously that would ultimately justify
removal of the canopy interior to the site.
•
The subject land dedication has been reviewed by the Parks and Recreation Advisory
Board (PRAB) and by the Fayetteville City Council who on June 3, 2008 approved the
land donation by Resolution 118-08. Park staff recommended accepting the land to
expand the City's `green corridor" and to allow for future trail construction between
Mudd Creek and Scull Creek.
Recommendation• In general, staff would not recommend approval of a tree
preservation plan without first evaluating a development proposal to determine if and
how the existing tree canopy was being affected, and which of the existing trees could be
preserved. However, as noted herein, site conditions including flood plain, tree health
and tree species have been reviewed in detail, and it is staff's opinion that the proposal to
accept a tree preservation plan prior to development is consistent with the intent and
purpose of the Tree Preservation and Protection Ordinance. Approximately 17% of the
19% existing tree canopy will be preserved along the floodplain, preserving the riparian
buffer, stabilizing the soil,reducing soil erosion and providing habitat for wildlife
Accordingly, staff recommends forwarding ADM 08-3159 to the City Council with a
recommendation for approval with the following conditions:
1. Lot 14, along with 17% of the existing tree canopy shall be deeded to the City of
Fayetteville.
2. Although not required, the applicant shall at the time of development make every
effort to preserve existing canopy on Lot 8.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: '1 Forwarded 0 Denied 0 Tabled
Date: November 14, 2008
Motion: Winston
Second: Cabe
Vote: 7-0-1
K:Vteports12008\PC Reports@2-November 241ADM 08-3159 (CMN Lots 8_I4 Jrce Preservation).doc
PAR & RECREATION::
Wttevile
ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephonc: (479) 444-3470
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DIVISION CORRESPONDENCE
FAYETTEVILLE
Urban Forestry Services
To: Fayetteville Planning Commission
CC: Jesse Fulcher, Planner
From: Greg Howe, Urban Forester
Date: November 19, 2008
TREE PRESERVATION AND PROTECTION
ITEM t ADM 08-3159 Administrative Variance (CMN Business Park Lots -8
and 14)
On November 12th I met on lots 8 and 14 of the CMN Business Park with Mike Morgan
from McClelland Consulting Engineers, Inc. to look at the riparian areas, the Army
Corps of Engineers designated wetlands and tress located outside the riparian zone. I
have reviewed the letter sent to the Planning Department dated November 14th from Mr.
Morgan requesting the variance as well as other documents related to the land donation
and tree preservation.
Based on this information and discussions with the Planning Department it is the
recommendation of the Urban Forester that the Trees within the nparian zone along
Mudd Creek be utilized as the Tree Preservation Area for lots 8 and 14 with the
understanding this area will be donated to the City by the end of 2008 or within a
reasonable timeframe not to exceed the approval of the final platting of the Steel
Crossing Business Park. This will relinquish any future plan approval for Tree
Preservation and Protection for the property line adjusted, PLA 08-3135 lots 8 and 14.
JfL'E MCCL ti' LA
CONS ULTING
fs,CHEf.sAE>siENGINEERS, INC.
1810 N. College Avenue
P.O. Box 1229
Fayetteville, Arkansas 72703 / 72702-1229
PHONE: 479-443-2377
FAX: 479-443-9241
November 14, 2008
City of Fayetteville
Planning Department
Attn: Mr. Jesse Fulcher
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: PLA 00-3135, CMN Business Park Lots 8 & 14
Request for Variance
Mr. Fulcher,
Please accept this letter as a request for variance to allow for a tree preservation easement
to be placed upon this property currently being reviewed as a property line adjustment
(PLA 00-3135) without any specific development plans.
Approved by the City Council during its meeting ofJune 3, 2008 was the acceptance of a
land donation proposed by Steele Crossing Investment 1I, LLC for approximately 5.06
acres of land associated with CMN Business Park II Lots 8 and 14 east of Steele
Boulevard, west of mall Avenue and north of Van Asche (City Council Memo attached).
As indicated in the City Council Memo, the proposed 5.06 acre land donation will
provide a continuation of a green corridor in accordance with the City Plan 2025. The
proposed land donation was approved by the Parks and Recreation Advisory Board on
May 5, 2008.
This land donation was to occur after final platting of the Steele Crossing Business Park
(PPL 06-2280) which has been approved by the City of Fayetteville planning department,
but never constructed (Planning Division Correspondence re: PPL 06-2280 attached).
During the permitting process of PPL 06-2280, the option of providing tree preservation
for the entire subdivision was chosen as the best means of preservation of this non-
residential subdivision. Within the correspondence re: PPL 06-2280 is the then acting
City Arborist's (Sarah Patterson) tree preservation and protection report that outlines the
methods used to determine the limits of tree preservation.
Due to the proximity of this land to Mudd Creek the majority of the property is currently
within both the 100 -year floodway and 100 -year floodplain. Per both FEMA and the
City of Fayetteville's regulations, any proposed building finished floor elevation must be
raised to an elevation no less than two feet above the base flood elevation (the elevation
of the 100 -year floodplain line — see attached survey). In addition, the remaining portion
of the property outside of the regulatory flood zones consist of a series of undulating
knolls that are between zero and five feet above the elevation of Van Asche Drive. A
significant amount of earthwork is anticipated to create an environment suitable for
development upon this property.
Please review the attached documentation and let me know if you have any questions,
concems, or need any additional information.
Sincerely,
Michael G. l rgan
McClelland onsulting Engineers, Inc
443 2377
MMorganna,McCl elland-engrs. com
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ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: October 19, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PPL 06-2280• Preliminary Plat (STEELE CROSSING BUSINESS PARK, 173): Submitted
by MCCLELLAND CONSULTING ENGINEERS for property located at THE NORTHEAST
CORNER OF STEELE BOULDEVARD AND VAN ASCHE DRIVE. The property is zoned C-
2, THOROUGHFARE COMMERCIAL and contains approximately 22.75 acres. The request is
for 5 commercial lots ranging in size from 1.7 to 7.35 acres.
Property Owner: Steele Crossings Investment
Planner: Andrew Garner
Findings:
Property Description and Background: The subject tract is Lots 8 and 14 of the CMN Business
Park II, Phase I Final Plat. These lots are located at the northeast comer of Steele Boulevard and
Van Asche Drive. As shown on Table./, the property is zoned C-2 and surrounded by office
buildings to the west and south across the adjacent streets, and undeveloped commercial lots to-.
the north and east.
Table 1
The site is vacant and contains approximately 22.75 acres, 19% of which is under tree canopy,
the remaining area is grassland and wetland riparian habitat adjacent to Mud Creek. Mud Creek
traverses east - west through northern Fayetteville and is located along the northern and eastern
boundaries of this property. This creek is a deed restricted area and is federally regulated and
monitored. Development of this property is subject to the requirements of the deed restricted
area and 404 wetlands permit, and the Final Plat requirements for CMN Business Park.
K-tRepnrts120061PC Reponsti0-23-061PPL 06-2280 (Steele Engines: Parl)doc
n
Direction from Site
Land Use
Zoning
North
Mud CreekfUndeielopedCommercial lot -
C-2
South
Kerschner Office Building
C-2
East
Undeveloped commercial lot
C-2
West
Steele Plaza Office Building (under construction)
C-1
The site is vacant and contains approximately 22.75 acres, 19% of which is under tree canopy,
the remaining area is grassland and wetland riparian habitat adjacent to Mud Creek. Mud Creek
traverses east - west through northern Fayetteville and is located along the northern and eastern
boundaries of this property. This creek is a deed restricted area and is federally regulated and
monitored. Development of this property is subject to the requirements of the deed restricted
area and 404 wetlands permit, and the Final Plat requirements for CMN Business Park.
K-tRepnrts120061PC Reponsti0-23-061PPL 06-2280 (Steele Engines: Parl)doc
Proposal: The applicant requests preliminary plat approval for a commercial subdivision with 5
commercial lots ranging in size from 1.7 acres to 7.35 acres A 28' wide public street would
traverse through the property between. Van Asche Drive and Steele Boulevard.
Right-of-way being dedicated: Right-of-way for Van Asche Drive and Steele Boulevard was
dedicated with the CMN Business Park Final Plat. Fifty feet (50') right-of-way for the interior
street would be dedicated to the City.
Street Improvements: Staff is not recommending any street improvements with this subdivision
as surrounding and adjacent streets have been recently constructed to .the City's Mater Street
Plan standards. At the time of development within this subdivision staff anticipates an
assessment for a traffic signal at the intersection of Steele Boulevard and Van Asche Drive.
Additionally, though not shown at this time, the developer may want to consider adding tum
lanes at the intersection of the proposed street and Steele/Van Asche, to minimize future
disturbance to the street.
Adjacent Master Street Plan Streets: Steele Boulevard, Principal Arterial; Van Asche Drive,
Collector.
Parkland Dedication: Parkland dedication is not applicable for commercial development. The
Mud Creek multi -use trail is located on the north side of Mud Creek adjacent to this property.
Tree Preservation:
Existing canopy:
Preserved canopy:
Required:
Mitigation:
19%
17%
15%
Not required.
Connectivity: The property is bound to the north by existing wetlands and Mud Creek, to the
west by Steele Boulevard, and to the south by Van Asche Drive. Vehicular connectivity to the
east is the only feasible option and will be evaluated at the time of development of the eastern
portion of this subdivision. Internal connectivity between the lots will be required where feasible
and will be reviewed at the time of development of individual lots. Shared curb cuts are
expected to occur between developments.
Recommendation: Staff recommends approval of PPL 06-2280 with the.following conditions
of approval:
Conditions of Approval:
The interior street shall be constructed as a 28' street with curb, gutter, storm drainage,
and a 6' sidewalk on both side, in a 50' right-of-way dedicated to the City
Sidewalks shall be installed or guaranteed in accordance with Ch. 158.01 prior to final
plat approval.
3.. The sidewalks shallbe continuous through the driveways. The sidewalk needs to be at an
K-1Reportst20061PC Reports110-23-061PPL 06-2280 (Steele Business Pask).doc
elevation 2% above the top of curb. The grades shown for the driveways do not meet this
requirement.
As this subdivision is developed a traffic signal assessment is anticipated for the
intersection of Van Asche Drive/Steele Boulevard.
Cross -access and shared driveways between lots within the subdivision shall be provided,
where practical, to ensure safety and convenience of traffic movement between
developments.
6. Ingress/egress from private curb cuts onto Steele Boulevard and Van Asche Drive is
discouraged when possible, to ensure a minimum amount of turning movements are
created near this future signalized intersection of Van Asche Drive/Steele Boulevard.
Access shall utilize the interior street whenever possible.
7. Street lights shall be installed with a maximum separation of 300 feet along all streets
prior to final plat.
8. Development of this commercial subdivision is, subject to the requirements of the CMN
Business Park II, Phase I, Filial Plat.
9. The developer of the preliminary plat shall employ an environmental specialist to insure
that the spirit and letter of the 404 wetlands permit from the U.S. Army Corp:of
Engineers will be complied with during construction. Written documentation.verifying
implementation of this condition shall be provided to Engineering staff prior' to issuanee ;
of. a grading permit, and a post -construction update. with submittal of the FinalPlat:•. •.
application. Developers -of each individual lot are also required to comply.with this:.::,:.
condition.
10. All proposed development including individual lot development shall atminimum
comply with the standards and specifications set forth in the Unified Development Code.
Individual developments shall utilize design elements (e.g., building colors, materials,
features, landscaping, etc.) to achieve compatibility, a sense of unity, and a recurring,
identifiable theme within the commercial subdivision as a whole.
11. . Each individual lot_ shall process a Large Scale. Development for Planning Commission
approval; prior to development.
12. Subdivision area signage shall be permitted in accordance with applicable city codes. No
structures, including area signage, shall be erected within utility easements unless
otherwise approved by utility companies.
13. The label for the centerline of Steele Boulevard is located in the northbound lanes, and
should be moved to the center of the road on the plat_
Tree Preservation Conditions:
14. The applicant has chosen the Tree Preservation for entire Subdivision option available to
K:1Repoev120061PC Reparls 0-23061PPL 06-2280 (Sreefe Business Park) doe
non-residential subdivisions. This requires the development to preserve at least the
minimum required canopy (15%) and establish it into a Tree Preservation Area. As the
separate lots come through the large scale development process, they will not be required
a separate Tree Preservation plan. -
15. Staff has approved the applicants request for the option to preserve trees for the entire
subdivision. The trees found on the site marked for removal are in poor shape and are
less desirable species. Staff feels that after attempts are made to preserve these trees their
survivability and longevity would be short.
16. The 17% tree canopy preserved shall be set into a Tree Preservation Area on the Final
Plat. This takes away all development rights from the land and ensures preservation.
Please add the Tree Preservation Area signature block to the Final Plat.
17. A note must be added to the Final Plat that states the lots of this plated subdivision are
exempt froth the requirements set forth by Chapter 167 Tree Preservation and Protection.
Standard Conditions of Approval:
18. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Westem Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
19. .:.Staff approval of final detailed plans, specifications and calculations (where:applicable)
lois, grading, drainage, water, sewer; fire protection, streets (publicland_::private),
sidewalks parking lot(s) and tree preservation. The information submitted for.;the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply: -with City's
current requirements.
20. All: street names shall be approved by the 911. coordinator. i.
21. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
Preliminary Plat approval shall be.valid for one calendar year.
23. All new exterior lighting shall comply with the City's lighting ordinance.
24. Additional conditions:
a.
K:IRepom120061PC Reportr110-21-061PPL 06-2280 arede Business Parkjdoc
PLANNING COMMISSION ACTION: ves Required
Approved Denied Forwarded to Planning Commission
Motion:
Second:
Vote:
Date: October 23, 2006
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
K 1Reports110061PCReponsll0-23-061PPL 06-2280 (Steele Business Park).doe
THE CITY OF FAYETTEVILLE, ARKANSAS
TREE PRESERVATION and PROTECTION REPORT
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3470
To: Fayetteville Planning Commission
From: Sarah K. Patterson, Urban Forester
Date: October 17, 2006
ITEM # PPL o6-2280: Preliminary Planning (Steele Business Park)
Requirements Submitted:
T
Initial
Review with the
Landscape
Administrator
T
Site Analysis Map Submitted
T
Site Analysis
Written Report Submitted
T
Complete
Tree Preservation Plan
Submitted
Canopy Measurements •
FINDINGS:
The desirability of preserving a tree or group of trees by reason of age, location, size or
species.
• This site has very minimal canopy. All but 2% of this canopy is found
within the deed restricted area following the creek. A certified
arborist was hired to assess the trees on this site. All significant trees
were found to be in poor condition: A few of the better trees are
found in areas that because of the fill would require protective
retaining walls. A group near Van Asche could be preserved but are
`found in the exact alignment of the access drive so as it will align with
the curb cut across the street. The other better quality trees are found
within proposed utility easements. The applicant has chosen the Tree
Preservation Area for entire Subdivision option as available with non-
residential subdivisions in Chapter 167. Staff believes this is the best
• option for the City due to the health and species of the other trees
located on the lot.
The extent to which the area would be subject to environmental degradation due to
removal of the tree or group of trees.
• Environmental degradation could occur with the amount of natural
grade change that will be disturbed.
The impact of the reduction in tree cover on adjacent properties, the surrounding
neighborhood and the property on which the tree or group of trees is located
• Canopy removed will not affect adjacent property owners.
Whether alternative construction methods have been proposed to reduce the impact of
development on existing trees. .
N/A
Whether the size or shape of the lot reduces the flexibility of the design.
• Size and shape of the lot does reduce flexibility of design. There is a
large unbuildable deed restricted area and extensive amount of fill
and gradingthat will be required to bring the site above floodway
• regulations.
The general health and condition of the tree or group of trees, or the presence of any
disease, injury or hazard.
• The general health of these trees fair to poor.
The placement of the tree or group of trees in relation to utilities, structures, and use of
the property.
• Seventeen percent of the canopy will be preserved within the deed
restricted area. The other trees removed are due to the grade change
needed and for utilities.
The need to removethe tree or group of treesfor the purpose of installing, repairing,
replacing, or maintaining essential public utilities.
• All trees (26,752 square feet) will be removed outside of the deed
restricted area for the grade change, utilities, and proposed access
• road.
Whether roads and utilities are designed in relation to the existing topography, and
routed, where possible, to avoid damage to existing canopy.
N/A . -
Construction requirements for On -Site and Off -Site Alternatives.
• N/A
Me effects of proposed On -Site Mitigation or Off -Site Alternatives.
• Mitigation will not be requiredon the site but landscaping will be
assess as each lot comes through large scale development.
The effect other chapters of the UDC, and departmental regulations have on the
development design.
• N/A
The extent to which development of the site and the enforcement of this chapter are
impacted by state and federal regulations:
• N/A
The impact a substantial modification or rejection of the application would have on the
Applicant:
• .Staff is recommending approval of the submitted Tree Preservation
Plan with the following Conditions of Approval.
Conditions of Approval:
-1. The applicant has chosen the Tree Preservation for entire Subdivision
option available to non-residential subdivisions. This requires the
development to preserve at least the minimum required canopy (1g%)
and establish it into a Tree Preservation Area. As the separate lots
come through the large scale development process, they will not be
required a separate Tree Preservation plan.
2. Staff has approved the applicants request for the option to preserve
trees for the entire subdivision. The trees found on the site marked . .
for removal are in poor shape and are less desirable species: Staff ; • . .
feels that after attempts are made to preserve these trees their
survivability and longevity would be short.
3. The 17% tree canopy preserved shall be set into a Tree Preservation
Area on the Final Plat. This takes away all development rights from
the land and ensures preservation. Please add the Tree Preservation
Area signature block to the Final Plat.
4. A note must be added to the Final Plat that states the lots of this plated
subdivision are exempt from the requirements set forth by Chapter
167 Tree Preservation and Protection.
a
Steele Crossing Investment III
Page 5
STEELE CROSSING INVESTMENT I, LLC
P.O. Box 22407
LITTLE ROCK, ARKANSAS 72221-2407
(501) 219-0919 TELEPHONE
(501) 219-0755 FAx
7uly 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands— Lots 8-14, CMN Business Park U, Phase I
Ladies and Gentlemen:
This letter will confirm the intent of Steele Crossing Investment I, LLC, or an affiliate
(the "Owner'), the owner of certain lands located on parts of Lots 8 and 14, CMN Business Park
II, Phase I, to donate certain lands located within the Deed Restricted Area to the City of
Fayetteville. The Owner proposes to deed the Restricted Area shown on Exhibit A to this letter
(the 'Property') to the City in fee simple absolute for use by the City subject to the restrictions
and obligations imposed on the Property under the Restrictive/Protective Covenants and or Bill
of Assurance for CMN Business Parts II, Phase I & II, filed of record in the records of
Washington County, Arkansas, as well as the Deed Restrictions described in the Notice of Deed
Restrictions initially filed December 14, 1999 (0re'Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of Engineers which is attached as an exhibit to the Restrictions. Under the Permit the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. As evidenced by the letter of the Corps of Engineers dated February 16, 2007, the
required mitigation has been successfirhy completed and the monitoring period has expired.
Upon acceptance of the Deed, the City would be responsible for the monitoring and obligations
of the owner of the Property under the Restrictions and Section 404 Permit The assumption of
these obligations will be set forth on the deed to the City.
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
A3
Steele Gassing Investment III, lGC'
Page8 of
l.'
will execute such documentation as requited by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property for the further preservation of the Mud Creek Area for the benefit of the City and its
residents. -
If you have any questions, please do not hesitate to call me.
Sincerely,
- 1%t7 i .
• Steele Crossing Investment I. LLC
Leonard Born, Manager
cc: Mr. Mike Morgan, McClelland Engineering
rI
0.3
Steele Crossing Investment III, (IC
Page 9 of 34
FAYETTEVILLE \
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes May 5, 2008
Optn1ng.
The regular meeting of the Parks and Recreation Advisory Board was called to order by Parks
and Recreation Board member Wade Colwell at 5:35 p.m. on May 5, 2008 in Room 326 at the
City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Present:
Park and Recreation Advisory Board members Davidson, Biendara, Waite, Hatfield, and Bitler,
P Jones, Mauritson and Colwell were present. Park Staff Edmonston, Wright, Thomas, C. Jones,
Jumper, Trails Coordinator Mihalevich and the audience were in attendance.
1. Park Land Donation:
Carole Jones, Park Planner
Pro lect (History: Developer donated approximately 15.39 acres of CMN Business Park
Phase III and 2.49 acres of Lot 5 to the City of Fayetteville in October 2007. The parcels
will accommodate the construction of north Scull Creek Trail. The land is currently under
deed restriction by the U.S. Army Corps of Engineers. Additionally, the owner of Phase
III (Leonard Boen) has dedicated a public access easement for a portion of Scull Creek
Trail that lies between the two land donations.
Development Name: CMN Business Park Lots 8 & 14 Land Donation
Engineer: McClelland Consulting Engineers, Inc.
Owner Leonard Boen
Location: East of Steele Blvd.; west of Mall Ave.; north of
Van Asche Drive
Park District: NW
Existing Parks: Mud Creek Trail and future Park West
Developer's Request: Developer is requesting to donate approximately
5.06 acres of Lots 8 and 14 to the City of
Fayetteville. This additional parcel will provide a
continuation of green corridor in accordance with
the City Plan 2025 goal of assembling an enduring
green network, and could possibly accommodate a
future nature trail loop connecting to Mud Creek
Trail. The land is currently under deed restriction by
the U.S. Army Corps of Engineers. Mitigation and
monitoring of the deed restricted land is complete.
The deed restriction classification limits the use of
the land and results in very little maintenance.
A3
Steele Crossing Investment III, (IC
Page 100f34
Staff Recommendation: Staff recommends accepting the additional land
donation and forwarding to City Council for final
approval.
Hatfield commented that it is a deed restricted area. He asked that if we didn't accept the
donation, how would this impact the developer. .
C. Jones said that low impact amenities could be done, but not much else.
Hatfield asked what the requirement was to monitor this land.
C Jones answered that the monitoring is complete, but the Corp restrictions still have to
be maintained.
Hatfield asked that if we take the land as a donation, will the tax be collected.
Colwell said the City might be losing property taxes from the property.
Mihalevich said that if we want to do anything with the property, we would have to deal
with the Corp.
Colwell asked if it was located in a wet area
Mihalevich said that it wasn't as wet as some other areas.
Edmonston said she would find out about the property taxes.
Hatfield said that since it is a deed restricted area, what is the City's responsibility for the
drainage.
C Jones said that she didn't recall.
Hatfield said that if there was a massive flood, Parks wouldn't have to go in and restore.
Mihalevich said that if the flood damages the bridge, Parks would have to repair.
Rifler said that we have accepted several of these already.
Clones said that the deed was supposed to be all signed off before this meeting, but it
wasn't. 'Me deed can be done as conditional.
PRAB Motion: Hatfield motioned to accept the land donation with signatures. Davidson
seconded it. Motion passed 8-0-0 by voice vote.
City Council Meeting of June , 2008
CITY COUNCIL AGENDA MEMO
A3
Steele Crossing Inveshnenl III, LLC
Page 2 of 34
Agenda Item Number
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connie Edmonston, Parks, and Re 'on Dial
From: Carole Jones, Park Planner
Date: May 16, 2008
RE: CMN Business Park 11 Lots 8 and 14 Land Donation
RECOMMENDATION
Approval of a land donation proposed by Steele Crossing Investment III, LLC for
approximately 5.06 acres of land associated with CMN Business Park II Lots 8 and 14
east of Steele Boulevard, west of Mall Avenue and north of Van Asche Drive.
BACKGROUND
There are approximately 45 acres of deed restricted land currently existing within CMN
Business Park II Phases 1,11 and III. Under consideration for donation to the City of
Fayetteville by Steele Crossing Investment III, LLC are approximately 5.06 acres of this
deed restricted land.
Steele Crossing Investment III, LLC donated approximately 17.9 acres of land associated
with CMN Business Park 11 Phase 111 (15.39 acres) and Lot 5(2.49 acres) to the City of
Fayetteville in October 2007. These parcels will accommodate the construction of north
Scull Creek Trail. Additionally, the owner of Phase III (Leonard Boen) has dedicated a
public access easement for a portion of Scull Creek Trail that lies between the two land
donations.
The proposed 5.06 -acre land donation is located in CMN Business Park II Lots 8 and 14.
(See enclosed colored 11" x 17" exhibit.) This additional parcel will provide a
continuation of green corridor in accordance with the City Plan 2025 goal of assembling
an enduring green network, and could possibly accommodate a future nature trail loop
connecting to Mud Creek Trail. The proposed land donation was approved by the Parks
and Recreation Advisory Board on May 5, 2008 (see attached minutes).
The proposed land donation is deed restricted by the U.S. Anny Corps of Engineers
through a 404 permit. Under the regulations of the existing 404 permit (see enclosed
copy), mitigation and monitoring of the deed restricted land is required. Mitigation and
monitoring of the deed restricted land is complete (see enclosed letter from the U.S.
Army Corps of Engineers).
Page 1 of 2
a3
Steele Crossing Investment III, LLC
City Council Meeting of June 3, 2008 P 3 or 34
Agenda Item Number
BUDGET IMPACT
This land donation is expected to have minimal impact to the Parks and Recreation
budget. The deed restriction classification limits the use of the land and results in very
little maintenance.
Attachments-
Steele Crossing Investment Ill, LLC Letter
Colored I1" x l r Exhibit
PRAB Minutes May 5, 2008
U.S. Anny Corps of Engineers 404 Permit
U.S_ Army Corps of Engineers Letter
Page 2 of 2
Aldermen
Mayor Dan Coody e7 G 8 E.3 5 I
J
City Attorney Kit Williamsp=:.;Fi !f a`t f y"' t$k z -art i � A ?Gt1 I[
City Clerk Sondra Smith ' S�:p Y=pp 4 p� F
4. W iYA 3.b l
.ARKANSAS
Final Agenda
Ci of Fayetteville Arkansas
City ounci Meeting
June 03, 2008
Ward I Position I
Ward I Position 2
Ward 2 Position 1
Ward 2 Position 2
Ward 3 Position 1
Ward 3 Position 2
Ward 4 Position I
Ward 4 Position 2
- Adella Gray
- Brenda Thiel
- Kyle B. Cook
Nancy Allen
- Robert K. Rhoads
- Robert Ferrell
- Shirley Lucas
Lioneld Jordan
A meeting of the Fayetteville City Council will be held on June 03, 2008 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
C
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. MR2 Contract: A resolution authorizing the Mayor to execute a contract with MR2 to
haul and dispose of solid waste within the city limits of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-08.
2. Steele Crossing Investment III; LLC: A resolution accepting a donation from Steele
Crossing,Indes'tment III;`LLC'of approximately 5'06`ac es of real property from parts of
Lots 8 and 14, CMN Business Patten'
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-08.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetlevitle.org
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SCALE IN FEET
TREE MITIGATION CALCULATIONS
ACRES
TOTAL SITE 22.75
EXISTING CANOPY 4.48
EXISTING CANOPY 3.87
PRESERVED
SQ. FT. %.OF_T0TAL_SITE
990,990 100%
195,220 19%
168,468 17%
REE INVENTORY- CMN BUSINESS PARK II
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CUT BACK TO THE TRUNK.
PREPARED BY: PATTI ERWIN
CERTIFIED ARBORIST SO -1118
ULKMOU( IJ. LWJ
TREE PRESERVATION GENERAL NOTES
LOCATION
LATITUDE: 36"0709"N
LONGTNDE: 94°09'16'
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Page 1 of 1
Clarice Pearman - Res. 251-08
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.22.08 12:13 PM
Subject: Res. 251-08
CC: Audit
Attachments: Audit
Jeremy:
Attached is a copy of the above resolution passed by City Council regarding CMN Business variance. Please let me know if
there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%2OSettings\cpearman.000\Local%2OSettings\Temp\XPgrpwise\494F845FF
12.22.08
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