HomeMy WebLinkAbout31-09 RESOLUTIONRESOLUTION NO. 31-09
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 OFF-SITE TREE PRESERVATION IN -
LIEU OF ON-SITE MITIGATION.
WHEREAS, the subject industrial site does not provide a favorable planting
environment for additional mitigation trees; and
WHEREAS, the Urban Forester has evaluated the condition, species and location
of the off-site tree preservation area and found the canopy to be high priority; and
WHEREAS, approximately 27,251 square feet of mature, established canopy will
be preserved in perpetuity;
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 off-site preservation in -lieu of on-site mitigation, which
will fulfill the tree preservation requirements for The Culls II large scale development.
Section 2. That the developer shall be required to dedicate a tree preservation
easement over the approximately 27,251 square feet of land as indicated on Exhibit "A"
attached hereto and made a part hereof prior to building permit approval.
PASSED and APPROVED this 3rd day of February, 2009.
APPROVED:
ATTEST:
SONDRA SMITH, City Clerk/Treasurer
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Jeremy Pate 8
Submitted By
City of Fayetteville Staff ReviewwForm
City Council Agenda Items
and
Contracts, Leases or Agreements
2/3/2009
City Council Meeting Date
Agenda Items Only
Planning
Division
Action Required:
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Afln ag-10%
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Operations
Department
ADM 08-3201: (The Culls II Tree Preservation Variance, 717): A variance request of Chapter 167 of the Unified
Development Code to allow for off-site tree preservation in -lieu of on-site mitigation.
n/a
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category / Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
?Fir it ctor„
Attorney
Finance and Internal Services Director
ate
—Li:-ol
Date
I -2b -o
Date
Previous Ordinance or Resolution # n/a
Original Contract Date:
Original Contract Number:
n/a
n/a
Received in
Mayor's Office
Comments:
Revised January 15, 2009
City Council Meeting of February 03, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff p
From: Jeremy C. Pate, Director of Current Planning A`
Date: January 13, 2009
Subject: Variance of Chapter 167 of the UDC for The Culls II large scale development
RECOMMENDATION
The Urban Forester and the Planning Commission recommend approval of a variance of
Chapter 167, Tree Preservation and Protection, of the Unified Development Code, to allow
approval of an off-site tree preservation easement in -lieu of requiring on-site mitigation,
finding that the subject industrial site to be developed does not provide a favorable planting
environment for additional trees. Additionally, the off-site tree preservation area that is
proposed is comprised of mature, established, high priority trees that will be protected in
perpetuity.
BACKGROUND
The subject property is located at the southwest corner of Willoughby Road (Hwy 156)
and McCollum Road, and is zoned I-1, Heavy Commercial/Light Industrial.,
The Urban Forester originally recommended denial of the Tree Preservation and
Protection Plan that was submitted as part of the large scale development application, as
the applicant was proposing to remove all existing trees from the site (approximately
3.00%). In addition to removing the remaining canopy, research by staff revealed that
trees had been removed from the site within the past five years without development
approval, a violation of the City's Tree Preservation Ordinance. The penalty for
removing trees prior to development approval is to reforest the site to meet the minimum
canopy requirements for the zoning district (15%), plus an additional 10% of the total
area of the property. Ultimately, the owner is responsible for planting back 126
mitigation trees on the subject property. In -lieu of planting the trees on-site, the property
owner is proposing to dedicate a 27,251 sq. ft tree preservation easement on property to
the north of Willoughby Road The proposed tree preservation easement would be
located on the periphery of a 40 -acre tract owned by the same property owner, at the
terminus of Whillock Street. Chapter 167 permits off-site preservation for tree mitigation
with approval by the Planning Commission. However, removing trees without
development approval specifically requires on-site forestation, and therefore a variance to
utilize the off-site preservation option must be approved by the Fayetteville City Council.
Staff recommends in favor of the request to provide off-site preservation, finding that the
subject industrial site does not provide a favorable planting environment, and the off-site
City Council Meeting of February 03, 2009
Agenda Item Number
preservation area contains high priority trees, which are healthy, mature and established.
Please see the attached Tree Preservation Report and calculations for more information.
DISCUSSION
This item was heard at the regular Planning Commission meeting on January 12, 2009.
The Planning Commission voted 8-0-0 on the consent agenda to forward this variance
request to the City Council with a recommendation for approval
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 OFF-SITE TREE
PRESERVATION IN -LIEU OF ON-SITE
MITIGATION.
WHEREAS, the subject industrial site does not provide a favorable planting
environment for additional mitigation trees; and
WHEREAS, the Urban Forester has evaluated the condition, species and location
of the off-site tree preservation area and found the canopy to be high priority; and
WHEREAS, approximately 27,251 square feet of mature, established canopy will
be preserved in perpetuity;
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 off-site preservation in -lieu of on-site mitigation, which will fulfill
the tree preservation requirements for The Culls II large scale development.
Section 2. That the developer shall be required to dedicate a tree preservation easement
over the approximately 27,251 square feet of land as indicated on Exhibit "A" attached
hereto and made a part hereof prior to building permit approval.
PASSED and APPROVED this day of , 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer
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Wagela e
ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3470
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS .& RECREATION
Urban Forestry Services
TREE PRESERVATION AND PROTECTION — Chapter 167
To: Fayetteville Planning Commission
CC: Jesse Fulcher, Current Planner
From: Greg Howe, Urban Forester
Date: January 14, 2009
Subject: LSD -3167: Culls II Expansion Review Comments
Requirements Submitted:
N
Initial Review with the Urban
Forester
N
Site Analysis
Map Submitted
Y
Site Analysis Wntten Report Submitted
Y
Complete
Tree Preservation Plan Submitted
Canopy Measurements:
Mittel" Kriffea §4 toile i "i; tigita1
* based on Feb. 2004 aerial and calculations made in ArcGIS
t based on Feb. 2008 aerial and calculations made in ArcGIS
o based on plan submitted 12/11
P-6110_2
Mitigation:
It'ECTf," 4011
tiv
High/Native
Woodlands
9`PatM4IPa oa e rc lri t1 rCal G i ta'.
ilia G 1 ;RR .— io rCCY'EACE
218
72
Tree Escrow equivalent of approximately $18,000
Prior Tree Removal:
The pre -development removal of trees below the onginal 13.26% requirement results in
a penal re s uirin: additional miti ` ation trees e. ualin I io% of the total area.
180r; CtiI i:ci14 !%i•'4tt.a; I.1131?J 1 t'.'.'v_rt.0 fir e:
11,717.64
High/Native
Woodlands
218
4.9 Lttitne-iJ
Lif.frCn CC fi.t 1y uo ti_a •. .
54
Tree Escrow equivalent of approximately $13,500
Applicant has chosen and agreed to mitigate a total of 27,2511)2 of tree
canopy off-site on property currently owned by the Maynard Family Trust
located at 495 W. Whillock St, PIN # 765-15478-000. This parcel is
approximately 4o acres in size. 0.63 acres will dedicated with an easement
plat as a Tree Protection Area.
Staff is recommending APPROVAL of the Tree Preservation Plan with the
following Comments;
TREE PROTECTION PLAN Comments:
1. Add the above tree canopy measurements to the Tree Preservation Plan
2. Please update Note 14 changing the National Arborists Association to the Tree
Care Industry Association
3. An easement plat for the tree preservation area will need to be recorded prior to a
Certificate of Occupancy for the Culls II Expansion
TREE PROTECTION CERTRIA• [Chapter 167.04 (B)J
1) The desirability of preserving a tree or group of trees by reason of age, location, size
or species
• For this phase of development the o% tree canopy has been set aside.
Tree preservation will be off-site.
2) Whether the design incorporates the required tree preservation priorities.
• In this phase of development the all trees on-site are being removed
3) The extent to which the area would be subject to environmental degradation due to
removal of the tree or group of trees.
• Environmental and water quality degradation will occur on this site
due to loss of trees and increased hardscape.
4) 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.
• For this phase of development the canopy removed will have little
effect on adjacent neighbors due to separation of the parcel by utility
easements and road right-of-ways
5) Whether alternative construction methods have been proposed to reduce the impact
of development on existing trees.
• Discussions with development agents were held . Alternative designs
were not able to preserve additional trees. Off-site tree canopy
preservation is being requested.
6) Whether the size or shape of the lot reduces the flexibility of the design.
• The size and shape of this parcel does not affect the flexibility of
design.
7) 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 is excellent to good with a few in
poor health.
8) The placement of the tree or group of trees in relation to utilities, structures, and use
of the property.
• Trees are mainly in groups towards the center of the parcels making
retention difficult.
9) The need to remove the tree or group of trees for the purpose of installing,
repairing, replacing, or maintaining essential public utilities.
• Some trees will need to be removed for utility easements.
io) Whether roads and utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
• N/A
ii) Construction requirements for On -Site and Off -Site Alternatives.
• Mitigation and penalty mitigation trees will be off-site.
12) The effects of proposed On -Site Mitigation or Off -Site Alternatives.
• Code priority is on-site mitigation. However, off-site mitigation will
be the best solution to the large tree replacement requirement.
13) The effect other chapters of the UDC, and departmental regulations have on the
development design.
• Engineering, and Utility constraints have affected the developmental
design
14) The extent to which development of the site and the enforcement of this chapter are
impacted by state and federal regulations:
• N/A
15) The impact a substantial modification or rejection of the application would have on
the Applicant:
• Applicant will need to evaluate the current use of the property and re
design or propose a less intense industrial and/or commercial use.
a/yjeeville
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of January 12, 2009
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: • Jesse Fulcher, Current Planner
Glenn Newman, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Updated January 13, 2009
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
LSD 08-3167: Large Scale Development (CULLS II, 717): Submitted by CLAY GROTE
HGM CONSULTANTS, INC. for property located at 585 W. WILLOUGHBY ROAD. The
property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately
2.69 acres. The request is for 24,250 sl of office and warehouse space. :Planner: Jesse Fulcher
Findings:
Background: On May 17, 2006, the Planning Division approved a building permit for the
construction of a 9,960 square foot industrial use structure with associated parking. The subject
property and the two adjacent lots are under common ownership, but development was only
proposed on one of the lots less than 1 -acre, so large scale development approval was not
required. The applicant submitted a large scale development proposal in October 2006 for two
additional structures and associated parking; however, the large scale development application
was later withdrawn prior to Planning Commission approval.
Property,: The subject property is located at the southwest corner of Willoughby Road, Hwy
156, and McCollum Road.
Proposal: The applicant requests large scale development approval for an approximately 24,250
sq. ft. industrial building with 29 parking spaces.
d Use and Zoning:
Direction
Land Use
Zoning
North
Vacant
RSF-4, Residential Single-family
South
Vacant
I-1, Heavy Commercial/Light Industrial
East
Vacant, agricultural
R -A, Residential Agricultural
West
Industrial (Tract 3)
I-1, Heavy CommerciatlLight Industrial
Water and Sewer System: Water and sewer service is available to the property.
Adjacent Master Street Plan Streets: McCollum Avenue (Local Street) and Willoughby Road
(Collector Street)
1C1 Reports12009XPC Reports101 - January 12lLSD 08-3167 (Culls_Maynard Building 10.doc
Right-of-way to be dedicated: Sufficient right-of-way has been previously dedicated for
Willoughby Road However, right-of-way in the amount of 25' from centerline for McCollum
Road is required to be dedicated by easement plat, as well as any right-of-way required with the
associated vacation request.
Street Improvements: Staff is recommending that McCollum Drive be improved 14' from
centerline with pavement, curb and gutter, storm drains and a 5' sidewalk. A 5' sidewalk shall
be constructed along Willoughby Road
Setback Variance: On January 5, 2009, the Board of Adjustment granted a front setback
variance of 7' along Willoughby Road, permitting the building to be located 43' from the
existing state right-of-way line.
Landscape/Greenspace: The applicant requests a variance of the requirements of Chapter
177.04(D)(2)(a) to allow Tess than the required 15' of greenspace adjacent to the right-of-way. In
this case, there is substantially more right-of-way along Willoughby Road (HWY 156) than required
by the City's Master Street Plan. In the most recent Master Street Plan update, the designation of this
street changed from a Principal Arterial (110') to a Collector (70'). However, with previous actions,
the applicant had already dedicated the 55' of right-of-way from centerline, now resulting in an
undue hardship to the developer. Due to the excess right-of-way, and the approximately 40' of
greenspace between the proposed parking lot and the street, staff is supportive of the request.
*Tree Preservation:
Existing Canopy:
Existing Canopy:
Preserved Canopy:
Required Canopy:
3.00% (2008)
13.26% (2004)
0.00%
13.26% - Off-site preservation proposed.
The Urban Forester recommended denial of the Tree Preservation and Protection Plan that was
reviewed at the December 17, 2008 Technical Plat Review meeting, as the applicant was
proposing to remove all existing trees from the site. Additionally, trees had been previously
removed from the site without development approval, a violation of the City's Tree Preservation
Ordinance. The property owner is proposing to utilize a 27,251 sq. ft property to the north of
Willoughby Road for off-site tree preservation, as permitted by Chapter 167. This tree canopy is
proposed to be permanently protected within a Tree Preservation Area.
Recommendation: Staff recommends approval of LSD 08-3167 with the following
conditions:
Conditions of Approval:
1. Planning Commission determination of a variance from Chapter 1 77.04(D)(2)(a) to allow
less than 15' of greenspace between the parking lot and Willoughby Road. In general,
staff has supported greenspace waivers where unique circumstances exist and the
variance will be in harmony with the general purpose and intent of the landscape
regulations. In this case, there is substantially more right-of-way than required by the
City's Master Street Plan (City requires 35' from centerline and there exists
approximately 55' from centerline), resulting in an undue hardship to the developer. The
. K:IReporus120091PC ReporIs101 -January/211SO 08-3167 (Culls_Maynard Building ll).doc
resulting greenspace between the parking lot and street varies from 40' to 45' in width.
Accordingly, staff recommends in favor of a greenspace variance, with the condition that
all tree and shrubs are planted in greenspace outside of the right-of-way or within the
right-of-way with AHTD approval.
12/31/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE GREENSPACE
VARIANCE.
1/12/09: THE PLANNING COMMISSION FOUND IN FAVOR OF THE GREENSPACE
VARIANCE
2. Planning Commission determination of street improvements. Staff recommevzds the
following streetimprovements:
a. Staff recommends McCollum Street be improved 14' from centerline with
pavement, curb and gutter, storm drains and a 5' sidewalk at the right-of-way
line.
b. A 5' sidewalk shall be constructed along the entire Willoughby frontage, and be
located at the City's current Master Street Plan line, 35' from centerline.
c. Street lights shall be installed at every intersection and with a maximum
separation of 300'.
12/31/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF STAFF'S
RECOMMENDED STREET IMPROVEMENTS.
1/12/09: THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF'S
RECOMMENDED STREET IMPROVEMENTS.
3. Planning Commission determination of off-site tree preservation. Staff recommends in
favor of the applicant's proposal for off-site tree preservation. The existing canopy
located on the property, and that previously removed, is of poor quality and health.
Whereas, the canopy located off-site is high priority canopy that is located in the
Hillside/Hilltop Overlay District.
12/31/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF OFF-SITE TREE
PRESERVATION.
1/12/09: THE PLANNING COMMISSION FOUND IN FAVOR OF OFF-SITE TREE
PRESERVATION.
4. Planning Commission determination of a variance of Chapter 167.04(D) Prior Tree
Removal. As stated herein, prior tree removal has occurred within the last five years, and
therefore the site must be reforested. The applicant is requesting off-site preservation in -
lieu of on-site reforestation. Staff recommends in favor of the request to provide off-site
preservation, finding that this industrial site does not provide a favorable planting
environment for additional trees. The off-site preservation area contains high priority
trees, which are healthy, mature and established.
K:1Reportsl20091PC Reparlsl01 -January 1211SD 08-3167 'Culls_Maynard Building 11).doc
5. Right-of-way in the amount of 25' from centerline for McCollum Road is required to be
dedicated by easement plat, as well as any right-of-way required with the associated
vacation request at the corner of McCollum and Willoughby.
6. Engineering Division conditions of approval included herein shall apply and shall be
addressed prior to building permit approval (see attached memo)
7. The following revisions shall be made prior to Planning Commission review:
a. Correct Lot 2 legal description.
b. The sidewalk along Willoughby Road should be relocated so that it is within the
35' right-of-way.
Urban Forester Conditions:
8. Street trees are required to be bonded for a 3 -year term before final certificate of
occupancy. This amount shall be held to ensure the maintenance of the required street
trees.
9. Provide a legal description and survey of the area proposed for off-site tree preservation.
These documents shall be filed of record prior to building permit approval
10. Before construction document approval, the landscape plan must be stamped by a
Landscape Architect licensed within the state of Arkansas.
Standard conditions of approval:
11. Impact fees for fire, police, water, and sewer shall be paid in accordance with City
ordinance.
12. 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).
13. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and 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.
14. Trash enclosures shall be screened with access not visible from the street. The trash
enclosures shall be constructed with materials that are complimentary to and compatible
with the proposed building. A detail of the proposed screening shall be submitted and
approved by the Planning Division prior to issuance of the building permit.
15. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -
sheets are required for review and approval prior to issuance of a building permit.
K:IReporrs120091PC Reporls101 - January 121LSD 08-3167 (Culls_Maynard Building l!).doc
16. All mechanical/utility equipment (roof and ground mounted) shall be screened using
materials that are compatible with and incorporated into the structure. A note shall be
clearly placed on the plat and all construction documents indicating this
requirement.
17. All freestanding and wall signs shall comply with ordinance specifications for location,
size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit
application prior to installation.
18. All existing utilities below 12kv shall be relocated underground All proposed utilities
shall be located underground.
19. Large scale development shall be valid for one calendar year.
20. Prior to building permit, a cost estimate for all required landscaping is to be submitted to
the Landscape Administrator for review. Once approval is gained, a guarantee is to be
issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of
the plants. This guarantee will be held until the improvements are installed and
inspected, at the time of Certificate of Occupancy.
21. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by .the .Landscape Administrator of all tree protection;...
measures prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area
and all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing landscape plans including tree
preservation measures submitted to the Landscape Administrator.
f Completion of all required improvements or the placement of a surety with the
City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in
Lieu of Installed Improvements" to guarantee all incomplete improvements.
Further, all improvements necessary to serve the site and protect public safety
must be completed, not just guaranteed, prior to the issuance of a Certificate of
Occupancy.
Planning Commission Action: '1 Approved
Meeting Date: January 12, 2009
Motion: Graves
Second: Anthes
Vote: 8-0-0 (approved on consent)
0 Denied O Forwarded
K:IReports120091PC Reports101 - January 12t SD 08-3167 (Culls_MMaynard Building 71).doc
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 West Mountain St.
Fayetter i11e, AR 72701
ENGINEERING DIVISION CORRESPONDENCE
To: Jesse Fulcher, Planner
From: Glenn E Newman, Jr., P.E.
Staff Engineer
Re: Plat Review Comments (December 31, 2008 Subdivision Committee Meeting)
479-575-8206
Date: December 29, 2008
Development: LSD — 08-3167 Culls II
Engineer: HGM Consultants, Inc.
1. All designs are subject to the City's latest design criteria (water, sewer, streets and
drainage). Review for plat approval is not approval of public improvements, and all
proposed improvements are subject to furtherreview at the time construction plans are
submitted.
2. Prior to building permit, bonds in the amount of 150% of the construction cost for all
public improvements will need to be submitted.
3. Provide Street Improvements 14 ft from the centerline of McCollum Ave. including
pavement, curb and gutter, drainage improvements, and sidewalk the length of the
property. Transition pavement as required to the south of the project to match existing
pavement width.
4. Construct a 5 ft sidewalk along length of developed property along Willoughby Road
meeting ADA requirements. Coordinate with Chuck Rutherford ADA Administrator
575-8291 since it is apparent that the sidewalk will not be constructed at 2% above the
curb which is the city standard.
5. Sedimentation from the proposed construction activities should be removed from the
existing detentionpond, install topsoil and sod as required to re-establish vegetation.
Drainage Report:
6. Supplemental Drainage Letter Dated December 3, 2008 is acceptable, additional
detention will not be required for the proposed improvements.
Engineering Comments Page 1 of 1
Weevllie
ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3470
THE CITY OF FAYETTEVILLE, ARKANSAS
LANDSCAPING REGULATIONS — Chapter 177
FAYETTEVILLE
PARKS & RECREATION
Urban Forestry Sen ices
To: Fayetteville Planning Commission
CC: Jesse Fulcher, Current Planner
From: Greg Howe, Landscape Administrator
Date: January 8, 2009
Subject: LSD o8: 3167 Culls II Expansion Subdivision Committee Review
Comments
Applicable Requirements:
NA
Y
N
as_p Co F: a'r�d i�
i3-. 4:5l)(kc ifri
`('uKa: t tr(Cx I frt3o(ask cjK o`(y9o(ere, .
ct3 )11 411VA tests -gr: -
Plan Checklist:
Y= submitted by applicant
N=requested by City of Fayetteville
NA= not applicable
Irrigation notes either automatic or hose bib
(177.03 (7)(g) & 177.04(B)(3)(a)]
NA
NA
Y
NA
Species
of plant material identified
[177-03(7)(d
& e)]
Y
NA
Size of plant
minimum
material
size 2'caliperfor
at time of installation
trees and 3 qa!
indicated
shrubs [177.03(7)(b
& c)]
Y
NA
Soil
removed
amendments
[177.o3(C)(6)(b)]
notes include that soil u amended and sod
Y
NA
Mulch
landscape
notes indicate organic mulching around trees and within
beds [177.o3(C)(6)(c & d)]
N
NA
LSD and
Architect,
Subdivisions
others
plans stamped
by Landscape Designer
by a licensed
[177.o3(B)]
Landscape
Y
NA
Planting details
[177.o3(C)(6)(g)
according to Fayetteville
s Landscape Manual
NA
NA
Wheel stops/ curbs [177.04(B)(1)]
Interior landscaping [177.04(C)]
Narrow tree lawn (8' min width, 37.5' min length/1 tree per 12 spaces)
Y
NA
OR
Tree island (8' min. width, 18.7' min. lenght/1 tree per 12 spaces)
All parking lot trees must be deciduous i .o (C
N
NA
Placement of Trees [177.04(C)(z)]
Either side at points of access entrance exit)
Liiw
Pa,
Perimeter landscaping [177.o4(D)]
Side and rear property lines (5' wide landscaped)
Front property line (15' wide landscape) 177.04(D)(2)(a)
Y
NA
Shade trees planted on south and west sides of parking lots?
[177.04(D)(2)(e)]
Parking lot adjacent to R.O.W.- continuous row planting of shrubs -at
least 8 per tree- and ground cover - 50% evergreen) [177.04(D)(4)(a)]
NOTE: Shade trees are described in street tree Qlanthlg standards
NA
NA7ee
adjacent to street R.O.W. (25' wide landscape)
NA
NA
trees planted every 30' L.F. along R.O.W. (15'& 25'
as <z % of trees can be grouped)[ly.04(D)(3)(a)]
NA
NA
25% of total site area left in greenspace (8o% landscape)
NA
NA
Parking lots and outdoor storage screened with landscaping
NA
NA
Residential Subdivisions- Marge species shade tree/ lot tree
planted within R.O.W. ifpossible
Y
NA
Nonresidential Subdivision- 1 large species shade tree/3o L.F.
tree planted within 15-25' reens ace
NA
NA
Urban Tree Wells -urban streetscape only-lofoot sidewalk , trees
every o L.F.[1.o5(B)(3)(a-fl
NA
NA
Structural Soil -if urban wells are used, a note or detail of structural
soil must be indicated on the landscape plan
NA
NA
Timing of planting indicated on plans (subdivisions only)
1177-05(A)(4)]
NA
NA
Written description of the method for tracking plantings
1 .o (A ( (e)
N
NA
Plan contains 3 -year Maintenance and Monitoring Agreement
1 .o (A) 2 (e)
NA
I NA
1 deciduous or evergreen tree/ 3000 square feet
NA
NA
4 large shrubs or small trees (3 gal) / 3000 square feet
NA
NA
6 shrubs or grasses (1 gal) / 3000 square feet
NA
NA
Ground cover unless seed or sod is specified
NA
NA
50% of facility planted with grass or grass like plants
Conditions of Approval:
i.
Eight shrubs are required for every tree where adjacent to parking. The table lists
90 shrubs, there are 100 shown on the plan. Code requires 8 shrubs per tree.
There are 17 perimeter landscape trees which requires 136 shrubs.
2.
The minimum size for an evergreen such as red cedar tree is 6' tall at the time of
planting. Please reflect this comment in the plant list requirements.
3.
A large species shade tree is required to be planted on either side of each entrance
drive. Please add one tree to the west side of the existing entrance.
4.
At time of construction drawings the landscape plan must be stamped by a
licensed landscape architect within the state of Arkansas.
5.
All street trees planted with this development must be bonded for a 3 year term at
time of certificate of occupancy.
6.
Prior to building permit, a cost estimate for all required landscape is to be
submitted to the Urban Forester for review. Once approval is gained, a guarantee
is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials
and installation of the plants. This guarantee will'be held until the improvements
are installed and inspected, at the time of Certificate of Occupancy.
....7..
All mitigation.trees planted must be bonded for 3 year term atime of certificate
of occupancy.
8.
If appropriate by the UDC for a LSD the existing parking lot landscape must be
•
brought up to current code standards. This would require the 15 ft landscape area
in front of the existing parking lot. .
HGM Consultants, Inc.
1757 Crossover Road, Fayetteville, AR 72701
Ph (479) 442-7717 0 Fax (479) 442-7797
Email: clay@hgmci.com
December 4, 2008
Planning Commission
113 W. Mountain St.
Fayetteville, AR 72701
Re: Culls II LLC Expansion — Property Description
Dear Planning Commission,
We are submitting a Large Scale Development for Mr. Joe Maynard known as Culls II.
He is expanding his business at 585 Willoughby by adding a new office and shop building on
his existing tracts.
Mr. Maynard intends to add 24,250 sq. ft of additional mixed use office and warehouse
space. The property is located in an industrial zoning district, but there is no other structures in
this area for two major reasons. The first being that the property to the South is occupied by the
airport and the property to the West and North are owned by the City of Fayetteville.
We are also requesting two minor variances. The first variance is the 50' building
setback along the front. We are requesting it be reduced to 40' to accommodate our proposed
building. We are asking for the variance to maintain the front facade, which will help in the
construction of the proposed retaining wall. Also, according to the new Master Street Plan, the
City is reducing Willoughby's ROW from a 110' to a 70' so in essence we are more than 50'
from the City's future Master Street Plan's ROW.
The second variance we are asking for is the front landscaping along Willoughby. Due
to the location of the existing detention pond and the need to get access along the South side of
the property, we are very tight on frontage along Willoughby. Our proposal is to meet the
Landscape requirements along McCollum Drive, which is still considered a front setback. Our
reasoning for this is that it is more likely that the property to our East will be developed before
the City's property across the street.
As shown by the current structure's operation, this project will only compliment the
surrounding community. This project will bring much needed jobs to Fayetteville in the near
future with your blessings and support. If you have any questions or concerns, please don't
hesitate to contact me. We look forward to working with you on this project.
Sincerely,
Eric Heller
Project Manager
erich �hpmci.com
479-387-4361
)
LSD08 3167 CULLS II
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yet 113W. Mountain St.
1 Fayetteville, AR 72701
Telephone: (479)444-3470
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
-
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FAYETTEVILLE
Urban Forestry Services
TREE PRESERVATION AND PROTECTION — Chapter 167
To: Fayetteville Planning Commission
CC: Jesse Fulcher, Current Planner
From: Greg Howe, Urban Forester
Date: January 15, 2009
Subject: LSD -3167: Culls II Expansion Tree Preservation Recommendation
Memorandum
RECOMMENDATION
Planning Staff and the Urban Forester/Landscape Administrator recommend approval .
of the off -site preservation area allowed under Chapter 167.04 (J)(2), Tree. Preservation
and Protection, of the Unified Development Code, for i00% tree removal on -site of the
remaining tree canopy and for 167.04 (D)(i) for prior tree removal on the subject
property finding that off -site tree preservation is a higher priority than on -site
mitigation and that the tree canopy to be preserved off -site is of higher quality then the
canopy to be removed from the subject property. Additionally, due to the development
intensity and hardscape proposed for the development preserved trees and/or
mitigation trees placed on -site would find survival difficult. .
BACKGROUND
The subject property is located at the corner of Willoughby Road (State Highway 156)
and McCollum Ave. and contains approximately 2.96 acres.
According to the 2004 City aerial there was approximately 15,530ftz (see Figure 1) of
existing tree canopy on lots 1 and 2 of the site. Based on the trees remaining the parcel's
urban forest appears to have been made up of immature red cedar and hackberries
approximately 15 to 25 foot tall. Prior to 2004 the Culls I structure was approved on lot
3 with two trees being removed and two mitigation trees being planted back on -site.
A large scale development (LSD o6-2265) was proposed for lots 1 and 2 in September
2006 but was never constructed. This current LSD is a revision of the 2006 submittal.
In 2007 the owner obtained a grading permit to construct a drainage structure and a
driveway from McCollum Ave. to the Culls I structure. This grading permit was
approved by Engineering but the approval did not allow for any tree removal.
Unfortunately many trees were in the construction work radius of the drainage structure
and driveway and approximately 1o,30oft2 of tree canopy was removed without permit.
Sometime in 2008 an estimated 1,650ft2 of additional tree canopy was removed without
permit bringing the total tree canopy removed without permit to approximately
11,95oft2.
On December 4, 2008 the owner through his engineering agent submitted a revised
large scale development, LSD o8-3167 for staff review. Staff estimated from the 2008
aerial and site observations that approximately 3,600ft2 (see Figure 2) of tree canopy
remained on lots 1 and 2. The Urban Forester is obligated under the Tree Preservation
and Protection Code section 167.04 (D)(1) to check a sites tree canopy history. This is
accomplished by using ESRI ArcGIS software to look at five years of previous aerials to
determine if any tree canopy has been removed. This examination turned up the
previous tree removal described above. The 2004 aerial has been used instead of the
2003 aerial due to better resolution of the image. Under 167.04 (D)(1) when the
previous un-permitted tree canopy removal decreases the development below the zoning
percent minimum canopy requirement the site must be forested to meet the percent
minimum canopy requirement, plus an additional ten percent (io%) of the total area of
the property, ± 11,72oft2).
The zoning percent minimum canopy requirement for industrial use is 15% (±17,575ft2 +.
for this site), the sites 2004 tree canopy cover was 13.26% or ±15,530ft2.therefore the . _
13.26% becomes the percent minimum canopy requirement. The trees remaining on site; •
are almost entirely clustered on lot 1 bordering with lot 2. Under the applicant's current
, design the red cedars and hackberries are primarily within the footprint ofa new ;-
manufacturing structure. This structure is pushed to the west on the lot 1 due to Code
requirements for minimum fire lane widths, parking requirements and the McCollum • . I; :..
Ave right-of-way width; The engineering agent has indicated that shrinking the
structure would not meet the owner's manufacturing objectives or needs and would
cause this project to be abandoned.
Under the Tree Preservation and Protection Code the intent of the code is to preserve a
minimum amount of tree canopy on -site. When this is not possible 167.04 (I) and (J)
give direction for on -site mitigation and off -site alternatives. In this case the applicant
has asked for off -site preservation. Given the amount of hardscape, size of the structure
and parking requirements any trees preserved or mitigated on this site will be in a very
harsh environment and their long-term survival could not be guaranteed.
The off -site preservation area is located on a parcel addressed at 495 W Whillock St.,
PIN # 765-15478-000. It is owned by the Manyard Family Trust part of the Culls II
owner's family. The parcel is approximately 40 acres in size and currently has one
residential structure proposed for the site. Excluding the driveway leading to the
proposed residential site the rest of the parcel is primarily a densely wooded oak -hickory
ecological community on canopied slopes with intermittent streams and one small
pond. A large portion of this lot is in the Hilltop/Hillside Overlay District (HHOD). The
section to be provided for off -site preservation is just north of the parcel entrance
driveway, adjacent to a perennial stream and on the western boundary of the parcel next
to a single family residential structure. It is not in the HHOD.
The remaining tree canopy at the
Culls
II site
plus the
previously removed tree canopy
equal
approximately
15,53oft2 or
i00%
of the
original
existing canopy. The io% penalty
for prior tree removal is 11,r72oft2 for a total off -site preservation area of ±2r7,25oft2 or
0.63 acres. The applicant is offering an equal sized area approximately 13r7ft by 199ft
with i00% canopy cover of High Priority preservation canopy.
DISCUSSION
This area will need to be placed in a dedicated easement and plated as a Tree
Preservation Area prior to a building permit being issued for the Culls II site.
BUDGET IMPACT
None known at this time
1
�
Figure 1: 2004 Aerial with 15,533 ft2 of tree canopy on the Culls II site . . _
r ..
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Figure 2: Early 2008 Aerial with 3,592ft2 of tree canopy on the Culls II site
Page! of 1
Clarice Pearman - Res. 31-09
From:
Clarice Pearman
To:
Pate, Jeremy
Date:
2.9.09 2:00 PM
Subject:
Res. 31-09
CC:
Audit
Attachments:
Audit
Jeremy:
Attached is the above resolution passed by City Council regarding ADM08-3201, The Culls tree variance. Please let me know
if there is anything else needed for this item.
Have a good day.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49903712FAY... 2.9.09