HomeMy WebLinkAboutOrdinance 6579113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6579
File Number: 2022-0513
AMEND §177.05 STREET TREE PLANTING STANDARDS:
AN ORDINANCE TO AMEND § 177.05 STREET TREE PLANTING STANDARDS OF
THE UNIFIED DEVELOPMENT CODE TO REQUIRE THE PLANTING OF A STREET TREE
ON EVERY STREET FRONTAGE IN RESIDENTIAL SUBDIVISIONS
WHEREAS, § 177.05 Street Tree Planting Standards of the Unified Development Code requires
the planting of one street tree per lot, which has led to gaps in subdivisions with comer lots and lots
with multiple frontages; and
WHEREAS, the proposed code amendment to require one street tree to be planted per street
frontage will benefit new neighborhoods and create balanced, tree -lined streets to make a better
streetscape and is recommended for approval by the City's Urban Foresters, the Urban Forestry
Advisory Board, and the Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.05 (B)(1)
(a) by repealing it in its entirety and enacting a replacement (a) as follows:
"(a) Street trees shall be planted one (1) tree per lot, and lots with multiple street frontages shall be
planted at one (1) tree per street frontage."
PASSED and APPROVED on 6/21/2022
Page 1 Printed on 6122122
Ordinance: 6579
File Number: 2022-0513
Attest: ���►►� ►►►►►►
�•`,`y•' CITY �sG--
-AYETTEVItLE:x=
Kara Paxton, City Clerk Treasurer tp • �-p C •�
Page 2 Printed on 6/22/22
ADM-2022-0025
Exhibit `A'
177.05 Street Tree Planting Standards
(B) Street Tree Planting Plan Requirements for Proposed Residential and Non -Residential
Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall
include a street tree planting plan at the time of final plat submittal.
(a) Street trees shall be planted one (1) tree per lot, and lots with multiple street
frontages shall be planted at one (1) tree per street frontage.
4
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0513
Agenda Date: 6/21/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: DA
AMEND §177.05 STREET TREE PLANTING STANDARDS:
AN ORDINANCE TO AMEND § 177.05 STREET TREE PLANTING STANDARDS OF THE
UNIFIED DEVELOPMENT CODE TO REQUIRE THE PLANTING OF A STREET TREE ON EVERY
STREET FRONTAGE IN RESIDENTIAL SUBDIVISIONS
WHEREAS, § 177.05 Street Tree Planting Standards of the Unified Development Code requires the
planting of one street tree per lot, which has led to gaps in subdivisions with corner lots and lots with multiple
frontages; and
WHEREAS, the proposed code amendment to require one street tree to be planted per street frontage will
benefit new neighborhoods and create balanced, tree -lined streets to make a better streetscape and is
recommended for approval by the City's Urban Foresters, the Urban Forestry Advisory Board, and the
Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.05 (B)(1)(a) by
repealing it in its entirety and enacting a replacement (a) as follows:
"(a) Street trees shall be planted one (1) tree per lot, and lots with multiple street frontages shall be planted at
one (1) tree per street frontage."
City of Fayetteville, Arkansas Page 1 Printed on 612212022
City of Fayetteville Staff Review Form
2022-0513
Legistar File ID
6/21/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
John Scott 6/3/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2022-0025: Administrative Item (Amend UDC Chapter 177 Landscape Regulations) Submitted by CITY STAFF.
The proposed code change would require street trees for lots with multiple frontages.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 21, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Alison Jumper, Parks & Recreation Director
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: John Scott, Urban Forester
Melissa Evans, Urban Forester
DATE: June 3, 2022
CITY COUNCIL MEMO
SUBJECT: ADM-2022-0025: Administrative Item (Amend UDC Chapter 177 Landscape
Regulations) Submitted by CITY STAFF. The proposed code change would
require street trees for lots with multiple frontages.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of an amendment for
Unified Development Code §177, Landscape Regulations, as described in Exhibit `A.'
BACKGROUND:
The City of Fayetteville's Unified Development Code (UDC) includes landscape regulations for
new development. These standards are intended to complement a project and offset potential
environmental, aesthetic, and property value impacts. Landscape requirements address a
myriad of conditions, including but not limited to parking lots, stormwater facilities, invasive
species, and erosion control. Urban Forestry has identified an oversight in evaluating the
ordinance's intent versus its outcomes. Specifically, corner lots and other lots with multiple
street frontages were not given specific consideration for street tree planting. The result is that
the code only requires one street tree per lot, regardless of the number of streets the property
abuts. The result is that side streets are not being planted with street trees in new
neighborhoods. We propose correcting this oversight and increasing consistency.
Currently, §177.05 (13)(1)(a) of the Landscape Regulations states," A minimum of one (1) 2-inch
caliper, large species tree per lot shall be planted." In practice, corner lots are only required to
plant one tree. There are numerous examples of recent residential developments where some
streets do not have street trees and others are lined with trees. This oversight inadvertently
creates gaps in the City's street tree coverage, especially on corner lots (see attached).
Urban Forestry staff has a simple code solution to address this oversight. The proposed code
changes are shown in strikeout and highlight:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
177.05 (B) Street Tree Planting Plan Requirements for Proposed Residential and Non -
Residential Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall
include a street tree planting plan at the time of final plat submittal.
(a) 4 minima im of one (1) 2 inGGalip r large speniec tree per lot shall he
Aa'ed.
(a) Street trees shall be planted one (1) tree per lot, and lots with multiple street
frontages shall be planted at one (1) tree per street frontage.
(b) Street trees shall be planted within or along the right-of-way; where possible,
between the sidewalk and the curb. Location shall be approved by the Urban Forester.
Refer to the Landscape Manual for spacing requirements.
DISCUSSION:
The proposed code changes benefit new neighborhoods and create a balanced, tree -lined
street to make a better streetscape. This proposal is for new projects and will not require any
retroactivity. This amendment will ensure that street trees are planted along all streets at
regularly spaced intervals. This change is in line with many of the objectives outlined in the
landscape code, including the following:
• Creating a healthful environment for Fayetteville residents
• Moderating the harmful effects of the sun and temperature changes
• Filtering pollutants from the air, reducing stormwater runoff
• Providing habitat for wildlife
• Promote energy conservation
• Protect and enhance property values
Urban Forestry staff contends that this amendment brings the landscape code in line with its
original intent and will not place an undue burden on developers.
Urban Forestry emailed the proposed changes to several (11) development field professionals
who regularly participate in the entitlement process. The only response staff received was: "All, I
think this is an appropriate request and does indeed meet the spirit and intent of Fayetteville's
goals and vision. I know developers will likely have an issue, but I think it's best in terms of long-
term goals."
The Urban Forestry Advisory Board has reviewed the code change and is in support of the
proposed code changes.
At the March 23, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to
the City Council with a recommendation of approval. Commissioner Garlock made the motion,
and Commission Canada provided the second.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Proposed Ordinance Amendment in Strikethrough/Highlight
• Example- 1 a & 1 b
• Planning Commission Staff Report
ADM-2022-0025
Exhibit `A'
177.05 Street Tree Planting Standards
(B) Street Tree Planting Plan Requirements for Proposed Residential and Non -Residential
Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall
include a street tree planting plan at the time of final plat submittal.
(a) Street trees shall be planted one (1) tree per lot, and lots with multiple street
frontages shall be planted at one (1) tree per street frontage.
4
ADM-2022-0025
Strikethrough -Highlight
177.05 Street Tree Planting Standards
(A) Applicability. All new developments that create or develop along a public or private street
shall be required to establish street trees in accordance with the standards and procedures
provided for in this section and the adopted policies of the Landscape Manual and
Fayetteville's Tree Ordinance.
(1) All street tree planting plans shall follow the submittal criteria set forth in Ch. 177.03
Landscape Plan Requirements.
(2) Street Tree Planting Requirements.
(a) Street trees are intended to be planted in a greenspace strip between the curb
and sidewalk or in urban tree wells in accordance with the Master Street Plan.
The intent of the street tree planting location is to shade the sidewalk, provide a
barrier between vehicles on the street and pedestrians, increase motorized traffic
and pedestrian safety, and spatially frame the street. Existing trees within the
build -to -zone shall be counted towards the required number of street trees. When
there is not adequate greenspace between the curb and sidewalk and urban tree
wells are not appropriate, or there are utilities or other structural conflicts in the
greenspace strip between the curb and sidewalk, the Urban Forester may permit
street trees in greenspace behind the sidewalk and on private property.
(b) Plans shall indicate the spacing of trees along all newly created public and
private streets within the development site. At the request of the developer, the
Urban Forester may exempt specific areas from required tree planting where the
terrain or existing trees make the planting of new trees impracticable. Examples
include, but are not limited to:
(i) Where the finish grade slope in the planting area between the top back of the
street curb and the property line is in excess of 30%.
(ii) Where bedrock is encountered within 30 inches of finish grade in the planting
area between the top back of the curb and the property line.
(iii) Where existing healthy trees that are shown to be preserved within the right-of-
way are in such close proximity they would prevent a new tree from establishing
a full canopy when mature.
(c) Plans shall identify the species of trees to be planted, which must be selected
from the Landscape Manual or otherwise approved by the Urban Forester. Street
trees shall be large species canopy trees.
(d) Plans shall identify the size and quality of trees which must meet or exceed the
standards adopted in the Landscape Manual.
(e) Indicate the location of all points of access (driveways, sidewalks and public &
private utilities) within the proposed development. The developer shall ensure
that driveways, sidewalks, utilities, etc. will not endanger the livelihood of the
proposed trees, and shall plan accordingly.
(f) A maintenance agreement and landscape establishment guarantee shall be
established. All plans shall include a binding three (3) year maintenance and
monitoring plan, which shall hold the developer responsible for the health of all
planted trees.
(g) Approval of a maintenance agreement and landscape establishment guarantee
shall be contingent upon the developer depositing with the City of Fayetteville a
surety or contract, as outlined in 177.10.
(h) Upon completion of the three (3) year landscape establishment period, the Urban
Forester shall inspect the site and determine whether 90% percent of the trees
are healthy and have a reasonable chance of surviving to maturity. Upon such a
finding, the City of Fayetteville shall release the currency, bond or letter of credit.
(i) In the absence of such a finding, the developer shall be notified to replace any
unhealthy or dead trees, or take other appropriate action as approved by the
Urban Forester. If the developer does not take remedial steps to bring the
property into compliance, the City of Fayetteville shall use the necessary monies
from the landscape establishment guarantee to do so.
(j) 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 their parties, the developer shall be
relieved of the responsibility of replanting the tree or trees so affected.
(k) Contain such other information as may be required to reflect how the plan
addresses the remaining policies within the Landscape Manual.
(3) Street tree plantings that are above and beyond the requirements as established herein
may count as on -site tree mitigation, with approval of the Urban Forester.
(4) Timing of Planting. The Urban Forester shall recommend to the Planning Commission
the option that will potentially result in accomplishing the most objectives of this chapter.
(a) Street Tree Planting with Infrastructure (Subdivisions Only). The developer may
choose to provide a landscape plan that conforms to the regulations herein, with
all landscaping along streets to be installed prior to final plat approval and
acceptance of public improvements associated with the development. If planted
prior to final plat approval, the developer shall provide proper measures to ensure
the longevity of health of all planted trees during development of individual lots;
or
(b) Street Tree Planting with Development (Subdivisions Only). The developer may
choose to provide a landscape plan that conforms to the regulations herein only
to the extent that future development on lots created by the subdivision shall be
responsible for individual landscape plans as each lot develops.
(c) Street Tree Planting with Concurrent Development. Where development approval
is requested (large scale, building permit, parking lot permit, etc.), the developer
shall provide a detailed landscape plan that conforms to the regulation
established by this chapter.
(d) Street tree planting plans shall be submitted with the plans submitted for
development or subdivision approval by the Planning Commission, in accordance
with the options listed herein.
(e) A written description of the method(s) and time frame the project will utilize to
track development of each individual lot shall be submitted by the developer to
ensure the required street trees are planted and their longevity of health assured.
(B) Street Tree Planting Plan Requirements for Proposed Residential and Non -Residential
Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall
include a street tree planting plan at the time of final plat submittal. lot
(a) 4 minims M of one 0) 2iirnGh Caliper, large speGie tree pet-Y�tial-all be nlonted.
iTP�''�, rug-�`'rp �P c-�-rT
(a) Street trees shall be planted one (1) tree per lot, and lots with multiple street
frontages shall be planted at one (1) tree per street frontage.
(b) Street trees shall be planted within or along the right-of-way; where possible,
between the sidewalk and the curb. Location shall be approved by the Urban
Forester. Refer to the Landscape Manual for spacing requirements.
(2) Non -Residential Subdivisions. Submittals for all proposed non-residential subdivisions
shall include a street tree planting plan at the time of final plat submittal, or in
accordance with the option approved for Timing of Planting as required by this chapter.
(a) A minimum of one (1) 2-inch caliper, large species tree per 30 linear feet of
frontage shall be planted.
(b) Street trees shall be planted within the required landscape area. Location shall
be approved by the Urban Forester. Refer to the Landscape Manual for spacing
requirements.
(3) Optional Street Tree Planting Plan for Urban Streetscapes. The street planting plans for
development in urban zoning districts may utilize an urban streetscape at least 8 feet
wide from curb to building. At the time of developmental submittal, the proposed urban
streetscape shall include a street tree planting plan in compliance with the following
requirements:
(a) A minimum of one (1) 2-inch caliper, large species tree per 30 linear feet of street
frontage or every ten (10) parking spaces, whichever provides the most trees,
shall be planted with this option.
(b) Location of trees shall be approved by the Urban Forester to ensure that
adequate spacing, access and visibility are maintained. The spacing of trees may
be varied with approval of the Urban Forester.
(c) Trees shall be planted within urban tree wells. The minimum width of an urban
tree well shall be 3 feet; the minimum area shall be 15 square feet. This option is
only permitted to allow trees planted within wide sidewalks, in a downtown/urban
fashion. Size and shape of urban tree well shall be approved by the Urban
Forester.
(d) Tree wells shall be covered with either a tree grate or some form of permeable
pavers, (block or stone), to be approved by the Urban Forester.
(e) Structural soil or similar treatment shall be utilized with this option (see
Landscape Manual for specifications)
(f) Street tree planting plans utilizing this option shall follow the construction
procedures and details as outlined in the Landscape Manual.
(g) Development applications approved for the use of urban tree wells shall not be
required to provide additional perimeter landscaped area between the Master
Street Plan right-of-way and building, as described further under the perimeter
landscaping requirements.
_t
Example 1: Sloanbrooke. Several side streets do not have street trees because the houses
are not facing the street, and only one tree per lot is required. In this example, 1,712 feet of
streets do not have street trees. The proposed code changes would have required an
additional 16 street trees.
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Typical side street on
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no street trees on
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This is an oversight
and not what was
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Required street tree.
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4710
2021 Imagery ; Surdex Cnrpo �rtio�
Fayetteville, AR r
Example 1 a. Sloanbrooke on the west side of Fayetteville
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to plant trees. With the proposed
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required trees by 16 trees.
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IArea shown at a
closer scale.
Example 1 b. Sloanbrooke on the west side of Fayetteville
10
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
%PF ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
Ted Jack, Parks Planning Superintendent
FROM: John Scott, Urban Forester
Melissa Evans, Urban Forester
MEETING: May 23, 2022 Updated with PC hearing results from May 23, 2022
SUBJECT: ADM-2022-0025: Administrative Item (AMENDMENT TO LANDSCAPE
REGULATIONS). Submitted by CITY STAFF. The request is to amend §177.05
(B) (1)(a): Street trees shall be planted one (1) tree per lot, and lots with multiple
street frontages shall be planted at one (1) tree per street frontage.
RECOMMENDATION:
Staff recommends forwarding ADM-2022-0025 to City Council with a recommendation of
approval.
RECOMMENDED MOTION: "I move to forward ADM-2022-0025 to City Council with a
recommendation of approval."
BACKGROUND: Urban Forestry has identified an oversight in City code and would like to amend
Chapter 177 Landscape Regulations to correct the oversight. There are side streets that are not
being planted with street trees in new neighborhoods. Corner lots were not considered for street
tree planting and code only requires one street tree per lot. We are proposing to correct this
oversight, stream line the code, and increase consistency.
Urban Forestry Code Section 177.05(B)(1)(a) states," A minimum of one (1) 2-inch caliper, large
species tree per lot shall be planted." In practice, this means that corner lots are only required
to plant one tree, or large lots are only required to plant one tree. There are numerous examples
of recent residential developments where some streets do not have street trees and others are
lined with trees. This oversight inadvertently creates gaps in the City's street tree coverage,
especially on corner lots.
Urban Forestry staff suggests a simple code solution to address this oversight. The proposed
code changes are shown in strikeout and highlight:
177.05 (B) Street Tree Planting Plan Requirements for Proposed Residential and Non -
Residential Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall
include a street tree planting plan at the time of final plat submittal.
(a) A rvmini mu rn of ene (1) eF large sP s trophy all be r anted
ea ec��T� r' � �.
Mailing Address:
113 W. Mountain Street www.fayet"QHAYnission
Fayetteville, AR 72701 May 23, 2022
Agenda Item 1 ADM-2022-0025 (Landscape Regulations)
Page 1 of 4
(a) Street trees shall be planted at one (1) tree per lot, and lots with multiple street
frontages shall be planted at one (1) tree per street frontage.
(b) Street trees shall be planted within or along the right-of-way; where possible,
between the sidewalk and the curb. Location shall be approved by the Urban Forester.
Refer to the Landscape Manual for spacing requirements.
The proposed code changes are beneficial to new neighborhoods and create a balanced, tree -
lined street that will make a better neighborhood. This proposal is for new projects and will not
require any retroactivity. This amendment will ensure that street trees are planted along all streets
at regularly spaced intervals. This change is in line with many of the objectives outlined in the
landscape code, including the following:
• creating a healthful environment for Fayetteville residents
• moderating the harmful effects of the sun and temperature changes
• filtering pollutants from the air, reducing stormwater runoff
• providing habitat for wildlife
• promote energy conservation
• protect and enhance property values
Urban Forestry staff believes that this amendment brings the landscape code in line with what
was its original intent and will not place an undue burden on developers.
Urban Forestry emailed the proposed changes to several (11) professionals in the development
field that regularly participate in the entitlement process. The only response staff received was:
"All, I think this is an appropriate request and does indeed meet the spirit and intent of
Fayetteville's goals and vision. I know developers will likely have an issue, but I think it's best in
terms of long-term goals."
The Urban Forestry Advisory Board has reviewed the code change and is in support of the
proposed code changes.
RECOMMENDATION: Staff recommends forwarding ADM-2022-0025 to City Council with a
recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: May 23, 2022 O Tabled O Approved O Denied
Motion: Garlock RI FORWARD
Second: Canada with a recommendation
of approval
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Planning Commission
May 23, 2022
Agenda Item 1 ADM-2022-0025 (Landscape Regulations)
Page 2 of 4
Attachments:
• Unified Development Code:
o §177.05 Street Tree Planting Standards with proposed change
• Examples from Sloanbrooke Subdivision
177.05 Street Tree Planting Standards
(B) Street Tree Planting Plan Requirements for Proposed Residential and Non -Residential Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall include a street tree
planting plan at the time of final plat submittal.
a) Street trees shall be planted at one (1) tree Der lot. and lots with multiple street frontaaes shall be
planted at one (1) tree per street frontage.
(b) Street trees shall be planted within or along the right-of-way; where possible, between the
sidewalk and the curb. Location shall be approved by the Urban Forester. Refer to the Landscape
Manual for spacing requirements.
(Ord. No. 4917, 9-05-06; Ord. No. 5003, 4-17-07; Ord. No. 5057, 9-04-07; Ord. No. 5513, 7-17-12; Ord. No. 5818,
10-20-15; Ord. No. 5859 , §4, 5, 3-15-16)
Example 1: Sloanbrooke. Several side streets do not have street trees because the houses
are not facing the street, and only one tree per lot is required. In this example, 1,712 feet of
Planning Commission
May 23, 2022
Agenda Item 1 ADM-2022-0025 (Landscape Regulations)
Page 3 of 4
streets do not have street trees. The proposed code changes would have required an
additional 16 street trees.
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o
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Typical side street on 1
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S
the driveway faced.
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This is an oversight
and not what was
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4756
Required street tree.
one per lot.
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Exhibit 1a. Sloanbrooke on the west side of Fayetteville
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The areas marked were not required
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required trees by 16 trees. closer scale.
Exhibit 1 b. Sloanbrooke on the west side of Fayetteville
Planning Commission
May 23, 2022
Agenda Item 1 ADM-2022-0025 (Landscape Regulations)
Page 4 of 4