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Home My WebLink About211-12 RESOLUTIONRESOLUTION NO. 211-12 A RESOLUTION TO APPROVE A VARIANCE FROM THE TREE PRESERVATION AND PROTECTION CHAPTER OF THE UDC FOR LSD 12-4215 TO ALLOW ON AND OFF-SITE MITIGATION TREE PLANTING AND ELIMINATING ANY FURTHER PENALTY FOR THE REMOVAL OF SOME CANOPY IN 2008 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 a variance from the Tree Preservation and Protection Chapter of the UDC for LSD 12-4215 to allow on and off-site mitigation tree planting and eliminating any further penalty for the removal of some canopy in 2008. PASSED and APPROVED this 8th day of November, 2012. APPROVED: By: ATTEST: By: 6,1444 '/t.ta f SONDRA E. SMITH, City Clerk/Treasurer Megan Dale W Su mined By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/6/2012 City Council Meeting Date Agenda Items Only Park Planning / Urban Forestry Parks and Recreation Division Action Required: Department Staff recommends approving a variance of Chapter 167 that allows off-site preservation and off-site mitigation to satisfy the requirements for prior tree removal. Staff recommends approving LSD 12-4215 with on-site mitigation (20 trees), off-site tree preservation (6,976sf within the general vicinity of the application — location to be determined by City Council), and off-site mitigation (5 trees location 765-15513-011). Off-site tree preservation area shall be reviewed and approved by Urban Forester to confirm trees are desirable and in good condition. 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 11 Budget Adjustment Attached l _ t timt Jvip'r' Department Director Dat t./tvl.0.t_.S Abet.Y4,;: ) City Attorney Finance and Internal Services Director Date (0.___14..-1 'L-Z Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in -City Clerk's Office Comments: Revised January 15, 2009 a'�Itrville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKAN5A5 www.accessfayetteville.ory CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent ao From: Megan Dale, Urban Forester CtiD Date: 6 November 2012 Subject: LSD 12-4215 Culls II Tree Preservation PROPOSAL Culls II development was originally approved in 2009 as LSD 08-3167 by the Planning Commission but was never built. Staff recommended the original development to plat 27,251 sf of off-site tree preservation to meet requirements for trees that were removed prior to development approval; however, the tree preservation area was never filed at the County Courthouse. Development approval has since expired, and a new application is required. The current applicant must meet the penalty requirements for prior tree removal since the application is still within 5 years of prior tree removal period. Trees were removed without approval sometime in 2008. The City of Fayetteville GIS aerial imagery is taken January 1st each year. Without proof of the removal date, the applicant would be held to the January 1, 2009 imagery. The applicant may wait until January 2014 to submit LSD application to avoid 5 year prior tree removal penalty. The applicant is requesting the date for the penalty to be changed from January 2014 to July 2013. Staff recommends that evidence be provided regarding the tree removal date if the Council approves changing the 5 year time period. The applicant is requesting a variance from the Chapter 167 with regard to penalty for prior tree removal. As noted below, the ordinance specifically states the site must be reforested. §167.04(D)(1) Prior tree removal. If trees have been removed below the required minimum within the five (5) years preceding application for development approval, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional ten percent (10%) of the total area of the property for which the Applicant is seeking approval. The number of trees required to be planted shall be calculated using the Base Density for High Priority trees. Staff recommends approval of a variance to allow the applicant to dedicate off-site areas for tree preservation in addition to planting as many mitigation trees as possible on and off-site. The applicant is requesting to mitigate on-site (20 trees) and off-site (5 trees), and requesting the Council to waive the remaining penalty (6,976 sf or 32 trees). Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS Staff recommends off-site preservation instead of waiving the penalty because preserved trees provide substantial ecological benefits. Waiving the requirement would leave the City with less canopy and eliminate the benefits of established trees. The option of payment into tree escrow places the responsibility of planting and maintaining trees on the City, and only provides 2" caliper trees that will take years to provide the same benefit as mature canopy. The ordinance states the following: § 167.01(B) Principles. This chapter shall be enforced according to the following principles: (1) Preservation shall be the first, best, and standard approach. (2) If preservation cannot be achieved, on-site mitigation shall next be pursued. (3) If on-site mitigation cannot be achieved, off-site preservation shall be pursued. (4) If off-site preservation cannot be achieved, off-site forestation shall be pursued. (5) If none of the above approaches can be achieved, payment shall be made to the tree escrow account. This project is recommended for approval with the following mitigation requirements: On-site mitigation: 20 trees Off-site preservation: 6,976 sf / 0.16 ac within the general vicinity of the application — Location to be determined by City Council Off-site mitigation: 5 trees — Location 765-15513-011, 585 W Willoughby Rd shown on Site Plan Lot 3, owner Joe Maynard and Joe Terminella RECOMMENDATION: Staff recommends approving a variance of Chapter 167 that allows off-site preservation and off-site mitigation to satisfy the requirements for prior tree removal. Staff recommends approving LSD 12-4215 with on-site mitigation (20 trees), off-site tree preservation (6,976sf within the general vicinity of the application — location to be determined by City Council), and off-site mitigation (5 trees location 765-15513-011). Off-site tree preservation area shall be reviewed and approved by Urban Forester to confirm trees are desirable and in good condition. BUDGET IMPACT: There is no impact to the budget. Attachments: Planning Memo Terminella Tree Preservation Variance Request 2007 aerial 2008 aerial 2009 aerial 2012 aerial 12-4215 Tree Preservation Plan Submitted Planning Commission 24 September 2012 12-4215 Landscape Plan Submitted Planning Commission 24 September 2012 Chapter 167 Tree Preservation and Protection Wtvt1e .1. -r , p, tam Departmental Correspondence ARKANSAS www.accessfayetteviile.org LEGAL DEPARTMENT TO: Mayor Jordan Don Marr, Chief of Staff Connie Edmonston, Parks & Recreation Director Alison Jumper, Park Planning Superintendent Megan Dale, Urban Forester � _ r FROM: Kit Williams, City Attorney DATE: October 19, 2012 RE: Prior tree removal penalty Kit Williams City Attorney Jason B. Kelley Assistant City Attorney §167.04(D)(1) Prior tree removal states: "If trees have been removed below the required minimum within five (5) years preceding application for development approval, the site must be forested to meet the percent minimum canopy requirements set forth in Table 1, plus an additional ten percent (10%) ..." This is a penalty provision of the Tree Ordinance to punish persons for removing trees below the minimum canopy requirements before development. As a penalty provision it is not only strictly construed against the City, but the burden is on the City to prove that a violation justifying the punishment has occurred. As Megan's memo stated our January fly -over photos establish some tree canopy is missing on January 1, 2009 that we saw on January 1, 2008. I believe that Megan is correct when she says "Trees were removed without approval sometime in 2008." If the trees were removed on January 2, 2008, the five year penalty period would be January 2, 2008 through January 2, 2013. If the City could prove the trees were improperly removed on December 31, 2008, the penalty period would be December 31, 2008 through December 31, 2013. Unless the City can prove a later date than January 2, 2008 for the removal of the trees, the penalty period must end on January 2, 2013. The City cannot assume the worst and basically extend the penalty period to six years when the ordinance states five years. The applicant should not be informed that the correct penalty period does not expire until January 1, 2014. RESOLUTION NO. A RESOLUTION TO APPROVE A VARIANCE FROM THE TREE PRESERVATION AND PROTECTION CHAPTER OF THE UDC FOR LSD 12-4215 TO ALLOW OFF-SITE TREE PRESERVATION, ON AND OFF- SITE MITIGATION TREE PLANTING AND ELIMINATING ANY FURTHER PENALTY FOR THE REMOVAL OF SOME CANOPY IN 2008 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 a variance from the Tree Preservation and Protection Chapter of the UDC for LSD 12-4215 to allow off-site tree preservation, on and off-site mitigation tree planting and eliminating any further penalty for the removal of some canopy in 2008. PASSED and APPROVED this 6th day of November, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer a�F ve�vi�le 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 Jeremy Pate, Development Services Director From: Quin Thompson, Current Planner Date: October 1, 2012 Subject: Variance from Chapter 167.04(D) Prior Tree Removal for LSD 12-4215 (585 W WILLOUGHBY ROAD/CULLS II) BACKGROUND Property: The subject property is located at the southwest corner of Willoughby Road, Hwy 156, and McCollum Road. The Property contains 2.69 acres, is zoned I-1, and is used for warehousing. 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. On January 12, 2009, the Planning Commission approved, with conditions, a Large Scale Development (LSD 08-3167) that was never constructed. On September 24, 2012, the Planning Commission approved, with conditions, LSD 12-4215. Request: The applicant requests a variance from Unified Development Code Chapter 167.04(D), Prior Tree Removal, allowing a combination of as much on-site mitigation as possible, and the planting of an additional 5 mitigation trees on the adjacent parcel to the west. RECOMMENDATION The Planning Commission and Urban Forester recommend a combination of on-site mitigation, off-site mitigation, and off-site tree preservation. DISCUSSION On September 24, 2012, the Planning Commission conditionally approved the LSD, pending City Council determination of a variance to UDC Chapter 167.04(D), Prior Tree Removal, with a vote of 7-1-0. TERMINELLA ENGINEERING CORP. INDUSTRIAL INTEGRATORS September 25, 2012 City Council 113 West Mountain Street Fayetteville, AR 72701 4-30 W N;n I duct-IBY RU FIYE-TTEvuJJ AR 72701 (479) 2002712 �oelelrnineII( Cjniail.com Re: Culls 11 LLC — Tree Preservation Variance Request Dear Members of City Council, 1 have resided in Fayetteville for 38 years. I graduated from Fayetteville High School and was successfully employed for 34 years. 1 now have my own business and am the owner for the project known as Culls II_ I intend to expand my business at 525 West Willoughby Road, by adding a new office and shop building on existing tracts. 1 intend to add 23,862 square feet of additional mixed use office and warehouse space in the future. The property is located in the Industrial Zoning District 1-1. A project, very similar in nature, was approved in January, 2009, by the previous owner. The project was never constructed, and the property was later sold to me. I purchased the property sometime at the beginning of the year. 1 recently hired Clay Grote, P.E., to resubmit the previously approved project after finding that the time had expired on the original plan. During the re -submittal process, it was discovered by aerial photographs, provided by the Urban Forrester, that in 2008, approximately 1850 square feet of tree canopy was removed from the site by the previous owner. This put the subject property in violation of Section D of the Tree Preservation Code, which says that if any tree removal takes place five years prior, the owner will be penalized to provide 15 percent canopy plus an additional 10 percent, which equates to 25 percent canopy to be reforested. According to the calculations required by the Urban Forrester, this equates to 12,423 square feet or 57 trees to be planted. We have been working with the Urban Forrester through the Large Scale Development process to forest the site the best we can. However, once you subtract the right-of- way and utility easements, there is only 1.48 acres of buildable property on this site, We have added 21 trees to the site as required by the Landscaping Code and another 25 trees as mitigation trees for the tree preservation penalty. That is a total of 46 trees that 1 am foresting my site with. I have no other room to add any more trees. Since the 21 trees required by Landscaping does not count toward my 57 required trees to be planted, 1 am told that I still have 32 trees remaining, which equates to $21,600 in fees. I feel that this penalty is too severe and unreasonable, all because the previous owner removed one tree in 2008. I am asking you to consider waiving the fee of $21,600. The amount of money to plant 46 trees is already a $31,050 burden (using the City's calculation of $675 per tree). I do have the option of holding on to this project and resubmitting January 2014 and receiving no penalty. The Urban Forrester set this date based on the fact that the aerials show the trees being removed somewhere between January 2008 and January 2009. I feel as though the City should meet me half way with the date, so I am also requesting the date for tree preservation penalty to be changed from January, 2014, to July, 2013, particularly if you deny my first request. Thank you for your consideration of these two items. Sincerely, 'Joe Temiinella Culls II 2007 Aerial Feet 0 15 30 60 90 120 NORTH Culls II 2008 Aerial Feet 0 15 30 60 90 120 NORTH Culls II 2009 Aerial Feet 0 15 30 60 90 120 NORTH Culls II 2012 Aerial 0 NORTH 15 30 60 90 IFeet 120 OWNER/DEVELOPER CULLS!! Joe Terminella (owner representative)ineccHr.r.l. =lad __ 585 W Wlloughhy Rd I Fayetteville, AR 72701 6n"yi°'vW'"pyFre v" 1-(479)-648-4480 SIDEWALK NOTE: CIVIL ENGINEER ACRES A Clay Grote P E LOT 1 1 67 ACRES 10585 Thunder Rd LOT 2066 ACRES Fayetteville, AR 72701 TOTAL 2 53 01- 1-(479)-409-6406 ZONING I-1 RETAINING WALL NOTE: am wen ur e.n�erv.m.ve�w< .ter. Omen F.wm... mdzsrva.,ms„em� fi CULLS II LLC OFFICE AND MANUFATURING EXPANSION 585 WLLOUGHBY FAYETTE... AMA.. NORTH / L. TREE PRESERVATION REPORT *a, 6'I FEES M 0.5 tint S5 IT 3utl'.tinLr1LC ▪ , 2)552 ro'41.I uV %1r11151E rtCau 6C L . NI', E01 fl .2.x18 .418, t,I.C1G r: LS:a,I O81 29oq'a10 .54 TREE01YESTOPT ASS 65 P SOm STATUS COMMENTS SITE PERCEPT Ma CANOPY P[GU.5E- re'.�HGII I<aE Y RETWNE0 MOP 202A WAGE PENILYI 5 Y.8 SF 05\1.0 I0%A PEW.- 2CE5IR 590 RENOIEO NE STORMDAWGE AO PENALTY 955 SF+616611OL ABOVE IONBG PENALTYI=12121 12 40 31 355585525550531343 REMO. 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'NEAR QUESTED 1-0 PUNT TREES. 0 TITLE UNIFIED DE ELOPMENT CODE C APTER 167 TREE PRESER ATION AND PROTECTION 167.01 PURPOSE 3 167.02 CIT OF FA ETTE ILLE TREE PRESER ATION, PROTECTION, AND LANDSCAPE MANUAL 3 167.03 TREE REGISTR AND URBAN FOREST ANAL SIS 3 167.0 TREE PRESER ATION AND PROTECTION DURING DE ELOPMENT 167.05 TREE PROTECTION MEASURES AND CONSTRUCTION 13 167.06 TREE PLANTING, MAINTENANCE AND REMO AL ON STREET RIG TS OF WA AND OT ER PUBLIC GROUNDS 13 167.07 COMMERCIAL TREE PRUNER SER ICE CERTIFICATE AND INSURANCE REQUIRED 1 167.08 A ARDOUS TREES 1 167.09 LOCAL DISASTER EMERGENC 15 167.10 167.99 RESER ED 15 CD1 67:1 Fayetteville Code of Ordinances CD167:2 TITLE XV UNIFIED DEVELOPMENT CODE C APTER 167 TREE PRESER 167.01 P It is the purpose of this chapter to preserve and protect the health, safety, and general welfare, and preserve and enhance the natural beauty of Fayetteville by providing for regulations of the preservation, planting, maintenance, and removal of trees within the city, in order to accomplish the following objectives: (A) Objectives. (1) To preserve existing tree canopy; (2) To create a healthful environment for Fayetteville residents, businesses, and industries; (3) (4) To buffer noise, air and visual pollution; (5) (6) To reduce storm water runoff and the potential damage it may create; To moderate the harmful effects of sun, wind, and temperature changes; To filter pollutants from the air that assist in the generation of oxygen; (7) (8) (9) To stabilize soil and prevent erosion, with an emphasis on maintaining tree canopy on hillsides defined as canopied slopes in Chapter 151; To provide habitat for birds and other wildlife; To preserve riparian banks and beds, and prevent sedimentation; (10) To screen incompatible land; (11) To promote energy conservation; and (12) To protect and enhance property values. (B) Principles. This chapter shall be enforced according to the following principles: (1) Preservation shall be the first, best, and standard approach. (2) If preservation cannot be achieved, on-site mitigation shall next be pursued. If on-site mitigation cannot be achieved, off- site preservation shall be pursued. (3) (4) If off-site preservation cannot be achieved, off-site forestation shall be pursued. ATION AND PROTECTION CD167:3 (5) If none of the above approaches can be achieved, payment shall be made to the tree escrow account. (Code 1991, §162.01; Ord. No. 3699, §1 4-20-93; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01) 167.02C 0 F T P P ,A L M The urban forester, in cooperation with other members of city staff, shall promulgate and periodically revise forms, procedures and regulations to implement this chapter and publish this information in the City of Fayetteville, Tree Preservation, Protection, and Landscape Manual. (A) Copies of the Tree Preservation, Protection, and Landscape Manual are to be made readily available to the public and shall include, but need not be limited to: (1) Specific criteria for gaining city approval of tree preservation plans; (2) The format and content of reports and plans the applicant must submit to the city pursuant to this chapter; (3) Tree protection during construction; (4) A glossary of important terms used in this chapter; (5) Size and species requirements for trees planted for on-site mitigation or off-site forestation; (6) Maintenance of trees (including but not limited to pruning, irrigation, and protection from disease). (B) The Tree and Landscape Advisory Committee shall review and may recommend revisions to the Tree Preservation, Protection, and Landscape Manual at least every three years to reflect changes in arboricultural and horticultural practices, lists of preferred tree species, city policies, or the content of this chapter. (Ord. No. 4340, 10-2-01) 167.03 T R A U F A (A) Tree Registry. Trees and groups of trees which are documented to be of historic merit, of an uncommon or endangered species, or are of extraordinary value due to their age, size, or type, Fayetteville Code of Ordinances may be registered in the City of Fayetteville's tree registry. It shall be the duty of the urban forester to maintain and keep this registry on file in the urban forester's office. (B) Voluntary registration. Registration of trees shall be voluntary and may be done by the owner(s) of the property on which the tree is located. Registration shall not run with the land unless the property owner wishes to use an express trust to transfer a benefit in the tree or groups of trees to the city. Registered tree owners are entitled to consultation with the Tree and Landscape Advisory Committee and/or the urban forester concerning proper care and protection of the tree, as well as an evaluation of the tree's condition. (C) Urban Forest Analysis. The city shall initiate a tree canopy analysis and an Urban Forestry Effects Model study or their current equivalent studies within the current geographical boundaries of the city by December 31, 2012. Thereafter, the city should conduct these studies every ten (10) years. (Ord. No. 4340, 10-02-01; Ord. 5427, 8-2-11) 167.0 T P D D A P (A) Applicability. The provisions of this section shall apply to proposed subdivisions, and large scale developments required by other chapters of the Unified Development Code to go through the city's permitting process. Persons seeking to build one single-family dwelling unit, or duplex, are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. Planned Zoning Districts should meet the percent minimum tree canopy based upon their primary use, but may be allowed a lesser tree canopy requirement as part of the overall Master Plan approved by the City Council. (1) Subdivisions and large scale developments. Applicants seeking approval of proposed subdivisions and large scale developments shall submit a site analysis plan, analysis report, and tree preservation plan with the preliminary plat or site plan. There shall be no land disturbance, grading, or tree removal until a tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (2) Grading permit. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects CD 167:4 that are not required to go through subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (3) Building permits. Tree preservation require- ments apply to all permit applications for nonresidential construction, and the construction of multi -family residential buildings composed of three or more dwelling units. An abbreviated tree preservation plan, as set forth in § 167.04 (H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (4) Parking lots. Tree preservation require- ments apply to all permit applications for the construction of parking lots with five or more spaces. An abbreviated tree preservation plan, as set forth in §167.04 (H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (5) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a site analysis plan, analysis report, and tree preservation plan with the preliminary plat or site plan. Single and two family residential development shall submit an abbreviated tree preservation and site plan at the time of obtaining a building permit. Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. There shall be no land disturbance, grading, or tree removal until a tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. TITLE XV UNIFIED DEVELOPMENT CODE (B) Tree preservation criteria. The urban forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (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. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (9) (10) Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on-site and off- site drainage. (12) The effects of proposed on-site mitigation or off-site alternatives. (13) The effect other chapters of the UDC, or city policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15)The impact a substantial modification or rejection of the application would have on the applicant. N --The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project (C) Canopy area. In all new Subdivisions, Large Scale Developments, Industrial and Commercial Developments, and all other improvements listed above, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the Applicant has been approved for On -Site Mitigation or Off -Site Alternatives as set forth in subsections I. & J. below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the Applicant is seeking approval, less the right-of-way and park land dedications. An Applicant shall not be required to plant trees in order to reach the Percent Minimum Canopy requirement on land where less than the minimum exists prior to development, unless trees have been removed. T 1 M C R ZONING DESIGNATIONS PERCENT MINIMUM CANOPY I. R -A, Residential - Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential — One Half Unit per Acre 25% RSF-1, Single-family Residential — One Unit per Acre 25% RSF-2, Single-family Residential — Two Units per Acre 20% RSF-4, Single-family Residential — Four Units per Acre 25% RSF-7, Single-family Residential — Seven Units per Acre 20% RSF-8, Single-family Residential — Eight Units per Acre 20% R -O, Residential —Office 20% RT -12, Two and Three-family Residential 20% RMF -6, Multi -family Residential — Six Units per Acre 20% RMF -12, Multi -family Residential — Twelve Units per Acre 20% RMF -18, Multi -family Residential — Eighteen Units per Acre 20% RMF -24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40,Multi-family Residential — Forty Units per Acre 20% NS, Nei hborhood Services 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% CD167:5