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Home My WebLink About224-11 RESOLUTIONRESOLUTION NO. 224-11 A RESOLUTION TO VACATE ABOUT ONE-TENTH OF AN ACRE OF A TREE PRESERVATION EASEMENT TO BE MITIGATED BY THE PLANTING OF 29 LARGE SPECIES TREES AND DEVELOPING THE LOT UTILIZING LOW IMPACT DEVELOPMENT STANDARDS WHEREAS, a Large Scale Development was approved but not constructed on this property; and WHEREAS, as part of the Large Scale Development the developer had dedicated about one-tenth of an acre for a tree preservation easement; and WHEREAS, a new Large Scale Development is being proposed whose developer wishes the City Council to vacate this one-tenth of an acre tree preservation easement in exchange for planting about 50% more large species trees than would normally be required for mitigation and for developing the property utilizing Low Impact Development standards pursuant to Chapter 179 of the U.D.C.; and WHEREAS, § 167.04(L)(2) authorizes the City Council to approve the vacation of a tree preservation easement if such vacation "is in the best interest of the City of Fayetteville." 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 vacates the existing one-tenth of an acre tree preservation easement for the Hilton Garden Inn Large Scale Development plat on the condition that the developer/owner plants at least twenty-nine (29) large species trees (2" caliper) on this site, bonds the trees for three years, and develops this site in conformity with Chapter 179 Low Impact Development Code of the U.D.C. PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: By'.' i�if�/ a�-i IONELD : 'j , Mayor SONDRA E. SMITH, City Clerk/Treasurer Alison Jumper Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/6/2011 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department Tree Preservation Area Modification for Hilton Garden Inn submitted by Jorgensen and Associates for property located on Lot 3 of the Hilton Garden Inn subdivision on Shiloh Drive. The property is zoned C-2,Thoroughfare Commercial. The request is to vacate the 0.09 acre tree preservation area. Cost of this request Account Number Project Number Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budgeted Item ! Budget Adjustment Attached Depa en Dirrecto City Attorney Date (/1 - f( Date tv,e. 2a Finance and Internal Services Director Chief of Ste Date "*0 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 1 1-1 7 -1 1 P O : 17 R C V D Clerk's Office Mayor Comments: TAW -h) I.2410l11 rl C Revised January 15, 2009 'Mtn evile THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff �n Connie Edmonston, Parks and Recreation Director a • Jeremy Pate, Development Services Director ,?1/45( From: Alison Jumper, Park Planning Superintendent Date: November 15, 2011 Subject: Tree Preservation Area Removal for Hilton Garden Inn BACKGROUND The subject property is located within the previously approved Hilton Garden Inn Large Scale Development. An approximately 4,103 square foot (0.09 acre) tree preservation area was recorded on an easement plat in 2009; however the project was never built. The tree preservation area includes approximately seven trees. Species include hackberry, bois d'arc willow and black locust, many of which which were rated as low and mid priority as documented on a 2007 tree preservation plan for Homewood Suites by Hilton and in the tree preservation plan for the Hilton Garden Inn as submitted in 2008. Additionally, none of the species are considered significant as outlined in the City of Fayetteville Landscape Manual and the willow and locust trees are listed as invasive/less desirable. The trees have since been damaged by the 2009 ice storm. DISCUSSION The applicant is requesting to remove the 4,103 tree preservation area entirely. Mitigation for removal of these trees equates to (19) 2" caliper large species trees using the high priority mitigation ratio. The applicant proposes utilizing Low Impact Development design features throughout the development. Providing additional mitigation trees in strategic locations at a rate of 150% of the required mitigation would provide larger areas of canopy and shade for the building and parking areas. RECOMMENDATION Staff reccommends approving the removal of the tree preservation area with the following conditions: 1. No tree removal shall occur prior to development approval for this project. 2. The applicant shall plant a minimum of (29) 2" caliper large species mitigation trees on the property and deposit a three year maintenance bond with the City of Fayetteville prior to obtaining a certificate of occupancy. BUDGET IMPACT None. Attachments: Exhibit A- Recorded Tree Preservation Easement Exhibit B- Aerial Photo of Subject Property Exhibit C- Photos of Existing Tree Preservation Area Applicant's request Page 1 of 1 RESOLUTION NO. A RESOLUTION TO VACATE ABOUT ONE-TENTH OF AN ACRE OF A TREE PRESERVATION EASEMENT TO BE MITIGATED BY THE PLANTING OF 29 LARGE SPECIES TREES AND DEVELOPING THE LOT UTILIZING LOW IMPACT DEVELOPMENT STANDARDS WHEREAS, a Large Scale Development was approved but not constructed on this property; and WHEREAS, as part of the Large Scale Development the developer had dedicated about one-tenth of an acre for a tree preservation easement; and WHEREAS, a new Large Scale Development is being proposed whose developer wishes the City Council to vacate this one-tenth of an acre tree preservation easement in exchange for planting about 50% more large species trees than would normally be required for mitigation and for developing the property utilizing Low Impact Development standards pursuant to Chapter 179 of the U.D.C.; and WHEREAS, § 167.04(L)(2) authorizes the City Council to approve the vacation of a tree preservation easement if such vacation "is in the best interest of the City of Fayetteville." 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 vacates the existing one-tenth of an acre tree preservation easement for the Hilton Garden Inn Large Scale Development plat on the condition that the developer/owner plants at least twenty-nine (29) large species trees (2" caliper) on this site, bonds the trees for three years, and develops this site in conformity with Chapter 179 Low Impact Development Code of the U.D.C. PASSED and APPROVED this 6`" day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Fayetteville Code of Ordinances (5) Maintenance agreement and landscape establishment guarantee. All plans requesting on-site mitigation or off-site forestation shall include a binding three year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (a) Approval of a plan requesting on-site mitigation or off-site forestation shall be contingent upon the applicant depositing with the city either currency, bond irrevocable letter of credit or other surety, in an amount equal to the estimated cost of materials and labor of trees at the time of planting. The bond, irrevocable letter of credit, or other surety must cover the entire three year maintenance and monitoring period. The applicant shall submit cost estimates to the urban forester. (b) Upon completion of the three year landscape establishment period, the urban forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such finding, the city shall release the currency, bond, or letter of credit. (c) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the urban forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary monies from the landscape establishment guarantee to do so. ' (d) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight- line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (K) Tree preservation plan review form." The urban forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the urban forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. CD167:12 (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The urban forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing preservation and protection under approved tree preservation plans. (1) In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of an approved tree preservation plan, tree preservation areas shall be clearly depicted on the easement plats for large scale developments and the final plats for nonresidential subdivisions. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the urban forester. Lots in residential subdivisions are expressly exempt from these requirements. If it is impractical to include the actual depiction of the canopy to be preserved on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) 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 urban forester, who shall ask the city clerk to place it on the agenda of the next regularly scheduled City Council m�g. �� (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation area shall seek prior approval from the urban forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the urban forester determines that natural replacements of 1 rggi Sitra rn hill" p r jItiIr_ Apo xa !Nil 1 ui1 $ y` ° ��l= 23 �1 �-.- �1 �- ;- 1 V7d .LNIdNrSVE �I�II �I�Q�I T�� IO.L7IH §..�., 1 i f =: .2 l , _ 2 1 rggi Sitra rn hill" p r jItiIr_ Apo xa !Nil 1 1--L—I I Feet 0 50 100 200 Hilton Garden Inn Exhibit B Exhibit C JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Attn: Alison Jumper, RLA Re: The Hilton Garden Inn Dear Alison; Please find the attached Site Analysis Plan along with the Vacation Request for the Hilton Garden Inn. This site consists of mostly open field, with the exception of the grove of trees as found on this plat. Slopes are moderate within the 1-5% range. Existing utilities lie on the eastern frontage, and easements as shown on this plat have already been platted; no new easements are planned. The existing tree canopy is — 9,000 sq.ft., 2,092 sq.ft. is found in the existing U.E. leaving 6,908 sq.ft. of canopy outside existing U.E. This grove of trees does not contain any significant trees, there are a few locust and some hackberries, ranging from 8"-16" diameter. The health of the trees is fair, with the exception of a few trees that are poor. As mentioned in our correspondence to the Planning Department, we feel that our proposal will be environmentally advantageous, as the previous plan contained no Low Impact Development features. We also feel that this hotel will garner a lot of attention from various visitors and having these features highlighted throughout this development will reflect positively on our city. Topographically, this tree preservation area lies in an existing swale/basin that naturally lends its self to be converted into a Storm Water Quality Basin. Additionally, by installing the Multi -Use trail at the required 2% above the existing back -of -curb, we will be damming up this tree preservation area, creating a basin that will likely need to be maintained as it will capture debris and trash. As a tree preservation area, we would not be able to maintain this area properly. We hope that these matters can be taken into consideration as we move forward with this project. Please contact us with any questions or comments. Thanks for your time. • PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •