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Z-8674-A Staff AnalysisAUGUST 27, 2012 ITEM NO.: A File No.: Z-8674-A Owner: 207 West 3rd Development LLC Applicant: Ben Cox Address: 207 W. 3Id Street Description: South side of W. 3`d Street, between Center and Louisiana Streets Zoned: UU Variance Requested: A variance is requested from the development provisions of Section 36-342.1 to allow the planting of street trees in above ground planters along all street frontages. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Parking Lot Proposed Use of Property: Parking Lot STAFF REPORT A. Public Works Issues: 1. A 3 foot wide space must remain unobstructed to comply with ADA requirements. 2. Tree planters shall not be within 2 feet from back of curb. 3. A franchise permit is required for tree planters in the right-of-way. Contact Bennie Nicolo at 501-371-4818 for permit. B. Landscape and Buffer Comments by: Christy Marvel, Plans Development Administrator 1. All the prior variances proposed the addition of the street trees per the UU District Standards. These UU district standards are created to specify standards for the safe addition of landscaping within Urban (high pedestrian areas). This particular site is in an Urban environment and thus highly pedestrian. 2. The City of Little Rocks Urban Forester has given feedback noting the unlikelihood of tree survival in a planter. He highly discourages their use and once located within the public right-of-way the trees become his to care for, AUGUST 27, 2012 ITEM NO.: A (CON'T.) maintain, and remove when they become hazards to the public. Mr. Robbie Hudson, Urban Forester for the City of Little Rock recommends denial. 3. The UU district standards have been lined out with perimeters and I feel the standards need to be followed. In my professional opinion, trees will not survive in a planter located within such a hot, urban, metropolitan area. The trees would certainly not thrive in such a contained area. The planters also don't allow for proper drainage nor containment; making the plant saturate and ultimately die. The tree wells allow more soil, space, i.e. growing area for the trees root systems; thus the trees are more stable; less likely to fall. Tree wells also allow for more nutrients, water retention and water percolation. 4. The planters are also a pedestrian hazard. The requirement for the trees being put into the sidewalks, flush with the sidewalk, is due to the trip hazards associated with additional objects being located on city sidewalks. They also take up much more space, create an obstacle on the sidewalk, and become a safety issue in addition to the other issues denoted above. I recommend denial of the application. 5. It would also set precedent for other objects/obstructions within our public rights -of -way. C. Staff Anatvsis: The UU zoned property at 207 W. 3rd Street contains a newly constructed surface parking lot. The property is located on the south side of W. 3rd Street, between Center and Louisiana Streets. The parking area on the east side of the alley serves The Hatcher Agency and the lot west of the alley is used by Vratsinas Construction Company. On July 25, 2011, the Board of Adjustment granted several variances for the new parking lot. The variances were from the development provisions of Section 36-342.1, the parking provisions of Section 36-511 and the buffer provisions of Section 36-522. Section 36-342.1(c )(5)b. of the City's Zoning Ordinance requires street trees in the UU zoning district as follows: b. Street trees a minimum of three-inch caliper shall be required (type of trees as listed in landscape ordinance [chapter 15]). The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. On July 25, 2011, the Board approved a variance to allow a reduced number of street trees to be planted due to existing utility lines. One (1) tree at the northeast corner of the lot west of the alley, and two (2) trees at the southwest corner of this lot were approved to be eliminated. Otherwise, all of the other required street trees were shown on the approved site plan. AUGUST 27, 2012 NO.: A (CON'T. The applicant is now back before the Board of Adjustment requesting another variance with respect to the street trees. The applicant is proposing to plant the required street trees in above ground planters rather than the in -ground tree wells as required. The applicant proposes to construct 36-inch diameter concrete planters on the sidewalk at the required street tree locations. The planters will be 36 inches in height. The applicant notes that the variety of tree for each planter will be an approved variety by the City. Therefore, the applicant is requesting a variance from Section 36-342.1(c )(5) to allow above ground planters rather than the required in -ground tree wells. Staff is not supportive of the requested variance. As noted in paragraph B. of the staff report, Robbie Hudson (City of Little Rock Urban Forester) nor Christy Marvel (Plans Development Administrator) believe trees will survive in above -ground planters as proposed by the applicant. The above -ground planters will not provide an environment suitable for street trees as required by the ordinance. As such, staff believes the applicant should construct the in -ground tree wells as required. D. Staff Recommendation: Staff recommends denial of the variance to allow above -ground planters for street trees at 207 W. 3Id Street. BOARD OF ADJUSTMENT: (April 30, 2012) Staff informed the Board that the applicant submitted a letter on April 26, 2012 requesting this application be deferred to the May 21, 2012 agenda, so that additional information could be submitted to staff and the Board. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the May 21, 2012 agenda with a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (May 21, 2012) Staff informed the Board that the applicant submitted a letter on May 16, 2012 requesting this application be deferred to the June 25, 2012 agenda, so that additional information could be submitted to staff and the Board. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the June 25, 2012 agenda with a vote of 4 ayes, 0 nays and 1 absent. AUGUST 27, 2012 ITEM NO.: A (CON'T. BOARD OF ADJUSTMENT: (June 25, 2012) Staff informed the Board that the application needed to be deferred to the July 30, 2012 agenda based on the fact that the applicant failed to send the required notifications to surrounding property owners. The item was placed on the Consent Agenda and deferred to the July 30, 2012 agenda with a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (July 30, 2012) Haitham Alley was present, representing the application. Staff noted that the applicant needed to give an update to the Board as to the status of the application. Staff noted that the applicant had indicated to have the application deferred. Haitham Alley addressed the Board. He explained that AT&T, Centerpoint Energy and Entergy had utility lines in the area where the street trees are required. He noted that he was in the process of obtaining a price to relocate the utilities. He indicated that the relocation was going to be very expensive. He asked for additional time to obtain information for the Board. Chairman Yates asked that Mr. Alley for an alternate plan for planting the trees. The issue was briefly discussed. Chairman Yates noted that the plan needed to be submitted to staff within two (2) weeks. Mr. Alley indicated that it would be submitted. There was a motion to defer the application to the August 27, 2012 agenda. The motion passed with a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. Staff Update: The applicant submitted a plan to staff on August 9, 2012, proposing to install additional landscaping (trees) within the parking lot at the northwest corner of West 3`d and Louisiana Streets. The new landscaping is proposed in lieu of planting the street trees at 207 W. 3`d Street. The lot at the northwest corner of W. 3`d and Louisiana Streets has the same ownership as the 207 W. 3`d Street property. Therefore, the applicant is requesting a variance from the development provisions of Section 36-342.1(c )(5)b. to not plant any street trees at 207 W. 3` Street. A copy of the proposed plan for landscape upgrade at the northwest corner of W. 3` and Louisiana Streets is provided to Board members as a separate packet. AUGUST 27, 2012 ITEM NO.: A CON'T. BOARD OF ADJUSTMENT: (August 27, 2012) Staff informed the Board that the applicant had submitted an amended plan for planting trees in -lieu of the required street trees. The applicant had planted eight (8) additional trees within the interior/perimeter landscaped areas of the site. The applicant will also plant six (6) more trees within the existing landscaped beds across W. 3rd Street to the north (northwest corner of W. Td and Louisiana Streets). The applicant will also make a $2,000.00 contribution to the City's Tree Fund. Staff supported the amended application, subject to the following conditions: 1. The amended application/plan must be approved by the City Beautiful Commission. 2. The trees at the northwest corner of W. P and Louisiana Streets must be installed within 30 days of the final approval. The item was placed on the Consent Agenda and approved, as recommended by staff, with a vote of 4 ayes, 0 nays and 1 absent.