1

Case 2032

Applicant: RJ Allen and Associates, LLC

Owner: David Blackburn

Request: Variance to the Landscape Ordinance, Section 34-32(d) Location: Oxford Commons, (PUD) Planned Unit Development

Zoning: (PUD) Planned Unit Development

Surrounding Uses and Zoning: North: (PUD) Planned Unit Development – Oxford Commons, PUD South: (PUD) Planned Unit Development – Oxford Commons, PUD East: (PUD) Planned Unit Development – Oxford Commons, PUD West: (PUD) Planned Unit Development – Oxford Commons, PUD

Past Zoning History: 2005 - Oxford Commons PUD was established 2010 – Oxford Commons PUD amendment 2013 – Oxford Commons PUD amendment Planner’s Comments: The subject property is the entire undeveloped portion of the Oxford Commons, PUD with additional acreage located in the county to the south of the Heights, Phases I and II. The topography in Oxford Commons is extreme with steep grades, rolling terrain and mature vegetation throughout. Development of Oxford Commons continues to occur at a brisk pace.

Rather than regularly amending the PUD, the applicant is seeking to finalize the remaining undeveloped residential areas and by so doing is also seeking a variance to the Landscape Ordinance regulating Tree Preservation requirements (Section 34-32(c)). Of the remaining vacant, unimproved 426 acres, approximately 366 will be cleared for the development of about 1,048 home sites, 121.6 acres of retail/commercial space while approximately 60 acres will remain undisturbed or 14% of the total land area.

2

Previous trees surveys from the Preserves and the Heights serve as a templet for determining the mitigation rates for the undeveloped areas. Based on this model, the average inventory in inches per acres is as follows: Heritage trees - 268 inches per acre Significant Trees - 171 inches per acre Taking into account the rate of mitigation, exemptions, credits, etc.; it has been determined by the applicant that the total number of inches to be mitigated is: 76,571 inches or 38,285 - 2 in caliper trees at an average cost of $200/tree for a total of cost of $7,657,100 to be planted or paid into the tree escrow account. The applicant is seeking a variance to the Landscape Ordinance, Section 34-31 (d)Tree escrow account states…”Any applicant unable to achieve on-site mitigation shall make a payment to the City of Oxford’s Tree escrow account for each tree required to meet the mitigation value of material and labor at the time of planting.” While variances from the regulations of the Zoning Ordinance are generally not encouraged and difficult to achieve, variances from the Landscape Ordinance only require a finding of undue hardship. (See below) Section 34-34 Variances and hardships states: (a) This article does not intend to create undue hardship on affected properties. (b)Where there are unusual circumstances peculiar to the site being developed and where a literal application of specific provisions of this article would unnecessarily restrict the development of a site and result in undue hardship to the owners or other interested persons, a variance from specific provisions of this article may be requested. The application requesting a variance from the requirements of this article shall include a description of the property, the exact nature of the proposed variance, and the grounds upon which it is requested. The applicant shall further demonstrate that the granting of such variance will not adversely affect the surrounding properties nor otherwise be detrimental to the public welfare. The application shall be filed with the planning director for the city. Upon receiving an application for a variance, in which all required information is supplied, the planning director shall make a recommendation within ten working days and forward said application to the board of adjustment for their consideration. Within ten working days after the board's receipt of a recommendation by the planning director, the board shall meet to consider said request.

3

(c)Within ten working days after the board's meeting, the board shall grant or deny said variance in whole or in part. If the board fails to take action on the request for the variance within the specified time period, such inaction shall be deemed to grant the variance. (d)Every decision of said board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. Of the 60 acres of undisturbed land, the applicant has completely planned the residential areas to the east and endeavored to connect much of it thorough a green way system. However, granting a ‘blanket’ variance for a site of this size and areas yet to be plated is counterintuitive to the purpose of the ordinance itself. To that end, the principles within the Tree preservation and protection of the Landscape Ordinance Section 34-32(a) state…”This section shall be enforced according to the following principles:

(1) Preservation of existing trees shall be the first, best and standard approach. (2) If the preservation cannot be achieved, on-site mitigation shall next be pursued. (3) If neither of the above approaches can be achieved, payment shall be made to the tree escrow account. Recommendation: If the applicant is able to demonstrate a hardship, staff recommends the following conditions:

1. The variance applies only to the undeveloped acreage indicated in the attached plan 2. A city approved conservation easement for the 60 acres to be recorded in the Chancery Clerks office and a stamped copy to be submitted to planning department prior to site plan or subdivision approval.

Tree Mitigation Summary

Oxford Commons Remaining Development

This project is setting aside approximately 14% of the land area as undisturbed, preserved areas to be utilized as common space for all residents with interconnecting walking trails. Undisturbed tree buffers are being established along natural water ways and those natural water ways are only being disturbed where proposed roadways cross them. All of this in an effort to develop this property to its highest and best use while working with the natural landscape to preserve areas that add value and provide for a higher quality of life for the residents. In addition, the project is protecting the natural drainage areas to preserve natural habitat, ensure water quality, and provide open spaces.

The 60 acres being preserved and undeveloped is a total land cost of over $1,551,000. Also, the total cost of the tree plantings is $591,000 (2,955 trees at $200/tree). The total of these together is $2,142,000.

In addition to the above, the tree mitigation requirements outlined above would equate to the developer being required to pay into escrow an amount equal to 38,285 - 2 in caliper trees at an average cost of $200/tree or $7,657,100.

The combined cost of all of the above would be $9,799,100. This cost impact creates a severe financial burden for the project and discourages the completion of a master planned community that not only serves the residents in Oxford Commons but also the entire City of Oxford and provides much needed shopping and family entertainment opportunities to the entire Oxford community on the East side of Oxford.

Tree Mitigation Summary

Oxford Commons Remaining Development

Summary of Oxford Commons:

Total Acreage = 494

Total Preserved Acreage = 69

Remaining Area to Be Developed:

Remaining Area to be developed in Oxford Commons (Commercial and Residential)………426 acres

Area to be disturbed……366 acres

Area to be preserved (undisturbed area)…..60 acres

Based on a sample size of 92.75 acres in Oxford Commons, the following caliper inches were surveyed:

Heritage Trees caliper inches….268 in/acre

Significant Trees caliper inches….171 in/acre

Mitigation Requirements:

Heritage tree mitigation:

366 acres disturbed x 268 in/acre = 98,088 mitigation inches required

Significant tree mitigation:

366 acres disturbed less areas located within building footprints, streets, driveways, sidewalks, pathways or utility easements (64 Acres) leaves 302 acres to be mitigated

302 acres disturbed x 171 in/acre = 51,642/5 x 2 = 20,657 mitigation inches required

Total Required Mitigation Inches = 118,745 inches

Tree Planting Credit:

Five - 2 inch trees selected from the City of Oxford Master Tree List will be planted at each proposed lot:

591 lots x 5 trees x 2 in/tree = 5,910 inches credit

Tree Retention Credit:

Heritage tree retention credit:

60 acres preserved x 268 in/acre = 16,080 in x 2 = 32,160 inches credit

Significant tree retention credit:

60 acres preserved x 171 = 10,260 in/5 x 2 = 4,104 inches credit

Total Tree Planting/Retention Credit = 5,910 in + 32,160 in + 4,104 in = 42,174 inches total credit

Tree mitigation requirement = 118,745 mitigation inches – 42,174 credit inches = 76,571 in total mitigation req’d

LAND SURVEYO

RS

SR

EENIGN

E GNITLUSNOC