Little Rock planners back tree-preservation rules for Heights neighborhood

Developers in Little Rock's Heights neighborhood would have to preserve trees or plant new ones when they build, under a proposed ordinance that the city's Planning Commission recommended last week.

Neighborhood residents who pushed for the proposed ordinance say it will protect the historic area's tree canopy, though some spoke against the measure at the commission's meeting Thursday.

Resident Natalie Capps said she had noticed an influx of new development in the area in the past several years. She said she was glad the neighborhood is a desirable place to live, but she and others were concerned about the loss of trees.

"The general model is that they purchase a small bungalow, they clear-cut the lot, they build a larger house," she told the Planning Commission. "That's for profit, obviously, which is a good business model. But, unfortunately, their for-profit business model doesn't align with the neighbors."

The proposal must be approved by the city Board of Directors before it can become a city ordinance. It would affect builders and homeowners applying for demolition and some addition permits.

The proposed ordinance would create a design overlay district for the area north of Evergreen Drive, North Lookout Road and Allsopp Park Road; west of Cantrell and Sherrill Road, south of the train tracks along Rebsamen Park Road and east of University Avenue and McKinley Street.

Within those boundaries, builders and homeowners with construction projects affecting front yards, corner lots and side streets would have to either maintain the trees on the property or plant new ones. The proposed ordinance, available in draft form on the city's website, would require that builders or those seeking new occupancy permits would have to plant one 2.5-inch caliper tree per 40 feet of street frontage or retain one tree 12 inches or greater, which would count as the entire requirement for the lot.

For each tree preserved, there would be a one-to-one credit applied toward the minimum tree requirement. Non-residential properties would be exempt. Trees planted would have to be from a list that includes types of beech, poplar, sycamore, maple, oak, redbud, dogwood and evergreen trees or be subject to review by the Planning Department staff. The proposed ordinance wouldn't be retroactive — it would affect only future residential additions or new construction.

Attorney, Little Rock Regional Chamber of Commerce chairman and Heights resident Kevin Crass spoke against the proposed ordinance Thursday. He said he disagreed with Capps' characterization of the severity of the problem, as well as the way the process was handled by the Heights Neighborhood Association.

"When you come forward with a design overlay district, it is a major policy change in my view … it ought not to be entered into lightly or decided by a group that talks about it in a small group and then pops it out and says this is what we're for. And then says, 'oh, you should have known about it,'" Crass told the Planning Commission.

He said there's never been a design overlay district in the Heights before.

"I'm for preserving trees but I'm against this ordinance," Crass said. "The market and peer pressure of the neighborhood, which has worked for over 100 years to preserve this neighborhood, will do it again."

After about an hour of discussion, commissioners unanimously recommended the ordinance.

"This is a communal effort by citizens who want to see change in their area, and not everybody's going to get on board," Commissioner Robby Vogel said before the vote. "We've been here enough times to see that there are going to be for and against issues."

Commissioner Bill May said he thought it was a good idea to get started. Further input from the Little Rock Board of Directors is planned. Commissioner Tom Brock, who lives in southwest Little Rock, said he thought the proposed ordinance should be adopted citywide, inspiring applause from the audience.

The proposed overlay district would join 11 others in Little Rock. They are in the John Barrow, Midtown, River Market, Hillcrest, Central High, Highway 10, Central City Corridor, Presidential Park, Granite Mountain, Cedar Pine and Chenal areas. Of those, six deal with trees or landscape requirements — Midtown, River Market, Central High, Highway 10, Presidential Park and Granite Mountain.

In Northwest Arkansas, the city of Fayetteville evaluates each proposed development on a "tree-by-tree" basis, per its ordinance.

CORRECTION: The proposal must be approved by the city's Board of Directors before it can become a city ordinance. The proposed ordinance also would require that builders or those seeking new occupancy permits would have to plant one 2.5-inch caliper tree per 40 feet of street frontage or retain one tree 12 inches or greater. An earlier version of this story incorrectly stated the status of the proposal and some details about its requirements.

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