HomeMy WebLinkAbout120-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 120-17
File Number: 2017-0263
VAR 17-5800:1541 W. MLK BLVD. (PANERA BREAD):
A RESOLUTION TO AFFIRM THE PLANNING COMMISSION'S APPROVAL OF A VARIANCE OF
THE PENALTY PROVISION OF THE TREE PRESERVATION AND PROTECTION CHAPTER OF
THE UNIFIED DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1541 WEST MARTIN
LUTHER KING, JR. BOULEVARD
WHEREAS, aerial imagery revealed that during the last five years one significant tree and one minor
tree, totaling about 850 square feet (less than .02 of an acre) of canopy had been removed prior to
development review; and
WHEREAS, this removal was likely done by the applicant's predecessor in title and would constitute barely
I% of the 1.8 acre site; and
WHEREAS, the Urban Forester and the Planning Commission properly determined that strict application of
§ 167.04(D)(1) which could require 30% of the 1.8 acre site be planted as canopy for the removal of 1% of
the lot's previous canopy would be an injustice; and
WHEREAS, the City Council should affirm the Urban Forester's and the Planning Commission's support
for this variance.
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 affirms the Planning
Commission's approval of the variance to the Tree Preservation and Protection Chapter as recommended
by the Urban Forester for the property located at 1541 West Martin Luther King, Jr. Boulevard.
Page 1 Printed on 617117
Resolution: 120-17
File Number.' 2017-0263
PASSED and APPROVED on 6/6/2017
Attest:
1s� Z.
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 617117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
t
�— File Number: 2017-0263
Agenda Date: 6/6/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 10
VAR 17-5800:1541 W. MLK BLVD. (PANERA BREAD):
A RESOLUTION TO AFFIRM THE PLANNING COMMISSION'S APPROVAL OF A VARIANCE
OF THE PENALTY PROVISION OF THE TREE PRESERVATION AND PROTECTION
CHAPTER OF THE UNIFIED DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1541
WEST MARTIN LUTHER KING, JR. BOULEVARD
WHEREAS, aerial imagery revealed that during the last five years one significant tree and one minor
tree, totaling about 850 square feet (less than .02 of an acre) of canopy had been removed prior to
development review; and
WHEREAS, this removal was likely done by the applicant's predecessor in title and would constitute
barely I% of the 1.8 acre site; and
WHEREAS, the Urban Forester and the Planning Commission properly determined that strict
application of § 167.04(D)(1) which could require 30% of the 1.8 acre site be planted as canopy for the
removal of 1% of the lot's previous canopy would be an injustice; and
WHEREAS, the City Council should affirm the Urban Forester's and the Planning Commission's
support for this variance.
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 affirms the Planning
Commission's approval of the variance to the Tree Preservation and Protection Chapter as
recommended by the Urban Forester for the property located at 1541 West Martin Luther King, Jr.
Boulevard.
City of Fayetteville, Arkansas Page 1 Printed on W12017
Lee Porter
Submitted By
City of Fayetteville Staff Review Form
2017-0763
Legistar File ID
/17
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/10/2017 Parks & Recreation /
Parks & Recreation Department
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a variance of Chapter 167.04(D)(1) to excuse the Applicant of being charged with the
Prior Tree Removal Penalty.
N/A
Account Number
- N/A
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
N/A
Fund
N/A
Project Title
$
Approval Date:
V20140710
CITY OF
T 1
ay% Ile
ARKANSAS
MEETING OF JUNE 6, 2017
TO: Mayor and City Council
THRU: Quin Thompson, Planner
FROM: Lee Porter, Urban Forester
MEETING DATE: June 6, 2017
CITY COUNCIL AGENDA MEMO
SUBJECT: VAR 17-5800: 1541 W. MILK Blvd. (Panera Bread, 521): Submitted by
John Davidson for property located at 1541 W. MLK Blvd. The property is
zoned CS, COMMUNITY SERVICES, and contains approximately 1.80
acres. The request is for a variance of the Prior Tree Removal Penalty.
RECOMMENDATION:
Staff recommends approval of a variance of Chapter 167.04(D)(1) to excuse the Applicant
of being charged with the Prior Tree Removal Penalty.
BACKGROUND:
The subject property is located south of West Martin Luther King Boulevard between Arbuckle
Lane and Eastern Avenue, and contains approximately 1.8 acres.
Prior to development review one significant tree and one minor tree, consisting of
approximately 850 square feet of canopy total, were removed on site.
The tree removal was detected during development review in March of 2017. Additionally, the
original tree survey submitted to Urban Forestry was incomplete (See Attachment D); the two
trees removed, along with other trees still existing on site were not shown. The incomplete survey
made the prior tree removal amount seem larger than it was in reality.
Through a combination of aerial imagery, conversations with the demolition company and a
proper tree survey, an updated Tree Preservation Plan (See Attachment E) has been submitted
and reviewed.
DISCUSSION:
Request: The Applicant is requesting a variance from the Tree Preservation Plan as afforded in
the Unified Development Code Chapter 156.03 (C)(6) (See Attachment A). In order to excuse
the applicant from being charged with the Prior Tree Removal Penalty, the applicant is
requesting a variance of the Unified Development Code Chapter 167.04 (D)(1) (See Attachment
B).
Variance: A variance of Chapter 167.04(D)(1), Tree Preservation and Protection, to not
charge the applicant with the Prior Tree Removal Penalty amount.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
The Prior Tree Removal Penalty is intended to ensure the reforestation of properties that have
had significant deforestation prior to development review. In this case, the trees removed do
not fit the intention of the code, nor did the applicant conduct removal with intentions of
circumnavigating the Tree Preservation and Protection Code.
According to the Prior Tree Removal Penalty code, if prior tree removal has occurred within five
(5) years prior to development review, the Applicant is responsible for reforesting to the
Minimum Canopy Requirements for the site (twenty percent (20%) for Community Services),
plus an additional ten percent (10%) penalty. In this case, the total amount of penalty would
necessitate the reforestation of thirty percent (30%) of the site (See Attachment F), equivalent
to approximately eighty seven (87) trees.
Staff's opinion is that this project does not fit the intention of the code requiring a penalty for prior
tree removal (167.04 (D)(1)). Staff believes removal of the trees in question requiring the potential
planting of approximately eighty seven (87) trees, plus additional mitigation trees with normal
development review, puts an unfair burden on the developer.
It should be noted that, the Applicant will still be required to mitigate for all canopy removed in
association with the project, in accordance with Chapter 167.04(1).
RECOMMENDATION: Staff recommends in favor of the variance to excuse the applicant
from the Prior Tree Removal Penalty, 167.04(D)(1).
Attachments:
A) Chapter 156.03 (C)(6)
B) Chapter 167.04(D)(1)
C) Request Letter
D) Original Tree Preservation Plan
E) Updated Tree Preservation Plan
F) Prior Tree Removal Penalty Explained
156.03 - Development, Parking And Loading
(C) Consideration by the Planning Commission.
(6) Tree Preservation Plan. A developer may petition the Planning Commission for a
variance from the requirements of Chapter 167, Tree Preservation and
Protection, in those cases where their strict application would work an injustice
as applied to the proposed development due to a situation unique to the subject
real property; provided that such variance shall not have the effect of nullifying
the intent and purpose of the chapter. The Planning Commission's approval of
said variance must be affirmed by the City Council to become effective, and a
denial of the requested variance may be appealed to the City Council.
167.04 - Tree Preservation And Protection During Development
(D) Prior tree removal.
(1) 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, less the right-of-way and park land dedications.
The number of trees required to be planted shall be calculated using the Base
Density for High Priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's
satisfaction that the trees were removed for a bona fide agricultural purpose, and
not with the intent to thwart enforcement of this chapter, the additional 10%
reforestation requirement shall be waived.
,A N Bates A&C
V
I+ �►ssociates,inc.
ivil Engineering • Land Surveying • Landscape Architecture
7230 S. Pleasant Ridge Dr / Fayetteville, AR 72704
PH: 479-442-9350 * FAX: 479-521-9350
April 17, 2017
Planning Commission
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: Prior Tree Removal Variance Request — LSIP 17-5740 / Panera Bread Co
Dear Commissioners,
Bates & Associates, Inc, on behalf of John Davidson, requests a variance from the requirement
of full site mitigation due to Prior Tree Removal (Unified Development Code, Chapter 167.04 D)
for the proposed Large Site Improvement Plan at 1541 W Martin Luther King Blvd.
Per the ordinance, if there has been prior tree removal within the past 5 years, the site must be
brought up to the Minimum Canopy requirements for its zoning designation (Community
Services — 20%), plus an additional 10% of the- total area of the property.
During removal of the existing buildings and parking lot on this site to prepare for the new
development in late Winter of 2016, one large -species tree, determined to be an Oak, with a
canopy diameter of approximately 35' was removed from western area of the site. Another tree,
which appears to be a clustered Maple with a canopy diameter of approximately 15', was
removed from the eastern area of the site along the property's street frontage of S. Arbuckle
Lane. Other small trees removed were not significant enough to necessitate mitigation had they
been documented as part of the usual LSIP process.
After review by Urban Forestry, it was determined that in order to mitigate for the additional
10% of the site area, the Applicant would be required to plant 36 trees, in addition to the usual
required interior landscaping and street frontage landscape as required as part of the LSIP.
The Landscape Plan prepared as part of the LSIP proposes extensive plantings, and a majority of
the site will be canopied solely by the development requirements, even before the Prior Tree
Removal mitigation. Due to the Applicant's requirements of the site's parking and building
configuration, there is not enough room on-site to allow 36 additional trees to be planted without
proposed tree canopies encroaching on one another, preventing the healthy growth of these trees
over time.
After working with Urban Forestry, it has been proposed that application of the Prior Tree
Removal mitigation requirements could be considered to be an excessive penalty for the removal
of two trees that would have been removed as part of the LSIP. The Applicant understands the
spirit of the ordinance, as well as the desire to retain as much canopy in the City as possible
during development, and regrets that there was tree removal unsupervised by Urban Forestry.
The developer proposes that the Prior Removed Trees be included in the mitigation calculations,
as if they were removed as part of the LSIP. Bates & Associates Engineering has also
reconfigured the drainage areas to retain as much existing canopy as possible in the Southwest
corner, in an effort to retain native canopy on-site. The Site will be extensively canopied after
installation of the landscaping as required by the conditions of LSIP approval, and the Applicant
will ensure that everything is done to protect the existing canopy during the development
process.
Please contact Bates & Associates with any questions or concerns regarding this variance
request.
Sincerely,
Jason Young
Bates & Associates, Inc
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Prior Tree Removal Penalty
(D) Prior tree removal.
(1) If trees have been removed below the
required minimurn within the five (5) years
PART 1 _preceding application for development
approval -,"'the site must be forested to meet PART 2
the Percent Mil-lirflUm Canopy requirements
set forth in Table 1, plus an additional ten4
percent (10°o) of the total area of the
property for which the Applicant is seeking
approval, less the right-of-way and park land
dedications- The number of trees required to
be planted shall be calculated using the
Base Density for High Priority trees_
(2)Wa kle r. If an applicant is able to
demonstrate to the Planning Commission's
satisfaction that the trees were removed for
a bona fide agrictiltUfal- purpose, and riot with
the intent to thwart enforcement of this
chapter, the- additional '10% reforestation
requirement shall be waived-
PART 1: REFORESTING
Total Site Area = 78,478 sq ft
Percent Minimum Canopy Requirements = 20%
20% of Site = 15,695 sq W
*Site already has 6.5% canopy coverage. 6.5% is 4,614 square feet of canopy. The amount
above is 15,695 minus 4,614, totaling 11,081 sq ft.
Mitigation
Requirements
Canopy Below
Requirments Sq. Ft.
Canopy Below
Requirments Sq. Ft.
Preservation Priority Forestation Base
Type Density
Number of 2" Caliper
Trees to be Planted
11,081
High Priority 218
51
0
Mid Priority 290
0
0
Low Priority 436
0
PART 2: 10% PENALTY
Total Site Area = 78,478 sq ft
10% of Site = 7,847 sq ft
Mitigation
Requirements
Canopy Below
Requirments Sq. Ft.
Preservation Priority
Type
Forestation Base Number of 2" Caliper
Density Trees to be Planted
7_,847
High Priority
218 36
0
Mid Priority
290 0
0
Low Priority
436 0
51+36 = 87 trees