HomeMy WebLinkAboutOrdinance 6859113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6859
File Number: 2025431
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 5/2/2025 3:38:25 PM
Fee Arm: $75.00 Page 1 of 13
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00011679
VACATION-2025-0002: (EAST OF 1775 W. MITCHELL STJMITCHELL STREET TOWNHOMES, 520):
AN ORDINANCE TO APPROVE THE VACATION OF A 6,061 SQUARE FOOT PORTION OF A TREE
PRESERVATION EASEMENT LOCATED ALONG WEST MITCHELL STREET CONTINGENT ON THE
DEDICATION OF TWO REPLACEMENT TREE PRESERVATION EASEMENTS TOTALING
APPROXIMATELY 0.8 ACRES AND OTHER CONDITIONS
WHEREAS, the owner would like to vacate approximately 6,061 square feet of the existing tree preservation easement
located along West Mitchell Street behind Raising Cane's for the purpose of developing the property; and
WHEREAS, the owner has offered to dedicate an additional 0.8 acres of tree preservation easement which will result
in a net increase of approximately 0.66 acres of tree preservation.
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 determines that the owner of the land
located along West Mitchell Street (Parcel No. 765-07564-000) that is covered by a dedicated tree preservation
easement has proven to the City Council's satisfaction that the vacation of a portion of the tree preservation easement,
as shown in Exhibit B to the staff memo attached to this Ordinance, is in the best interest of the City of Fayetteville and
therefore grants the land owner's request to vacate the existing tree preservation easement as to those 6,061 square feet.
Section 2: The vacation and abolishment of the 6,061 square feet of tree preservation easement shall not be effective
until the following conditions are satisfied:
1. Dedication of approximately 0.8 acres of tree preservation easement on Parcel Nos. 765-16157-000 and 765-
15229-000, as shown in Exhibits C and D to the staff memo attached to this Ordinance.
2. Removal of all invasive species and trash from all three tree preservation easements.
3. Planting of 56 mitigation trees with six (6) year maintenance or bonding agreements within the proposed tree
preservation easements in addition to any mitigation trees required for the development of the Mitchell Street
parcel.
4. Consultation with an organization approved by the Urban Forester to identify measures needed to mitigate
erosion in the riparian areas on Parcel Nos. 765-16157-000 and 765-15229-000.
Section 3: That the City Council of the City of Fayetteville, Arkansas further conditions this vacation to require that the
Page 1
File Number: 2025-00011679 Page 1 of 13
Ordinance. 6859
File Number 2025-431
measures prescribed to mitigate erosion to the riparian areas on Parcel Nos. 765-16157-000 and 765-15229-000 shall
be implemented at the expense of the applicant/owner prior to the issuance of any certificates of occupancy for the new
development on Parcel No. 765-07564-000.
PASSED and APPROVED on April 15, 2025
Approved:
Molly Rawn, Mayor
Attest:
' / `fin #�•4'•n<g��
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $218.88
Page 2
File Number: 2025-00011679 Page 2 of 13
ENGINEERING SERVICES INC. WAOW
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72764 • (479) 751-8733 • Established 1971
March 11, 2025 1 Exhibit A - Property Owner Request
City of Fayetteville
Development Services Building
125 West Mountain Street
Fayetteville, Arkansas 72701
Re: Easement Vacation Submission
Mitchell Street Townhomes
1801 W Mitchell Street
Fayetteville, AR 72701
City Council & Planning Commission:
Please accept this letter as a narrative accompanying a tree preservation easement vacation as it relates
to the proposed Mitchell Street Townhomes at the referenced address. The proposed development is six
townhomes with permeable pavers and the associated site improvements. The proposed development is
part of Lot 10 of the Bert Lewis subdivision (parcel #765-07564-000). A large portion of the site is
encumbered by tree preservation easement. To develop the property while minimizing disruption of existing
trees, we are proposing to vacate a portion of the tree preservation easement for access to the buildable
are of the property. The portion of tree preservation easement to be vacated is approximately 0.14 acres
(6,061 Sq. Ft.). There are five trees in the portion of the tree preservation easement to be vacated. These
existing trees are proposed to be removed and mitigated in the portion of the tree preservation easement
remaining on the property. In addition to on -site mitigation we are proposing to dedicate parcels #765-
16157-000 and #765-15229-000 as tree preservation easement. Parcel #765-16157-000 is approximately
0.2 acres (8,712 Sq. Ft.) and contains healthy trees contributing to the riparian buffer of Owl Creek, which
flows through the parcel. Additionally, the parcel backs up to open space of the nearby Harmony Pointe
park. Parcel #765-15229-000 is approximately 0.6 acres (26,136 Sq. Ft.) and possess healthy trees and
good existing canopy coverage. Our proposal of additional dedication of tree preservation easement is over
five times the amount proposed to be removed.
This submittal includes the following items:
• Metes and bounds of area to be vacated
• Survey of the site
• Legal description in MS Word and PDF
• Signed property owner consent form
• Petition to vacate easement
Very truly yours,
Z P
Cameron Plumlee
Z:\Engineers\00 - Engineer Projects\24950 - Mitchell Street Townhomes\Easement Vacation\Work\Transmittal
Letter.docx
Brian J. Moore, P.E.
President
Tim J. Mays, P.E.
Vice President
Jason Appel, P.E.
Secretary / Treasurer
Jerry W. Martin
Chairman of the Board
ENGINEERING SERVICES INC.
Exhibit B - Location of easement to be vacated 0.14 acres
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Exhibit 132- Property Legal Descriptions
PROPERTY LEGAL DESCRIPTION PER W.D. 2022-33602:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A SET IRON PIN WHICH IS NORTH 87000'51" WEST 200.18 FEET,
AND NORTH 02059'09" EAST 536.07 FEET FROM THE SOUTHEAST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE SOUTH 89016'25" WEST
153.53 FEET TO A SET IRON PIN, THENCE NORTH 03001'05" EAST 194.86 FEET
TO FOUND IRON PIN, THENCE SOUTH 87002'38" EAST 153.10 FEET TO A FOUND
IRON PIN; THENCE SOUTH 02°59'09" WEST 185.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.67 ACRES, MORE OR LESS, SAID LANDS ALSO
BEING PART OF LOT 10 OF BERT LEWIS SUBDIVISION AS PER PLAT FILED IN/AS
PLAT BOOK 4 AT PAGE 196.
NOTE: LEWIS SUBDIVISION WAS RECORDED IN PLAT BOOK 4 AT PAGE 146 IN
THE WASHINGTON COUNTY, ARKANSAS RECORDS.
Exhibit B1 - Applicant Petition to Vacate
PETITION TO VACATE A tree preservation EASEMENT LOCATED 1N LOT 10 OF THE BERT LEWIS
SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be
abandoned and vacated, lying in Lot 10 of the Bert Lewis Subdivision, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate an easement which is described as follows:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT THE NORTHEAST CORNER OF TRACT 2 AS SHOWN ON A TRACT SPLIT
RECORDED AS FILE NO. 2016-6131 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG
THE EAST LINE OF SAID TRACT 2, S02058'10"W A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF A TREE PRESERVATION
EASEMENT AS SHOWN ON AN EASEMENT PLAT RECORDED AS FILE NO. 18A-2; THENCE
CONTINUING ALONG SAID EAST LINE, S02°58'10"W A DISTANCE OF 92.07 FEET TO THE
SOUTHEAST CORNER OF SAID TREE PRESERVATION EASEMENT; THENCE LEAVING SAID EAST
LINE AND ALONG THE SOUTH LINE OF SAID TREE PRESERVATION EASEMENT, N83°43'26"W A
DISTANCE OF 153,31 FEET; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF
SAID TRACT 2, NO2°59'43"E A DISTANCE OF 4.97 FEET; THENCE LEAVING SAID WEST LINE
S87°12'56"E A DISTANCE OF 87,62 FEET; THENCE N24°26'17"E A DISTANCE OF 20.25 FEET;
THENCE NO2°59'43"E A DISTANCE OF 59.08 FEET TO A POINT ON THE NORTH LINE OF SAID TREE
PRESERVATION EASEMENT; THENCE ALONG SAID NORTH LINE, S87°04'54"E A DISTANCE OF
58.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.139 ACRES (6,061 SQUARE FEET),
MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are Lot 10 of the Bert Lewis Subdivision
City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would
not be adversely affected by the abandonment of the portion of the above described easement.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described real
estate, subject, however, to the existing tree preservation easements as required, and that the above described
real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further request that the above described real estate be vested in the abutting property owners
as provided by law.
WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said tree preservation easements, and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as
to that particular land the owners be free from the easements of the public for the use of said alley.
Dated this day of March , 20 25
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Fayetteville, AR
4/23/2019 9:27:40 AM 1:10,533
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0 485 970 1,940 ft
0 145 290 580 m
The data contained herein was compiled from various sources for the sole use and benefit of
the City of Fayetteville Geographic Information System and the public agencies it serves.
Any use of the data by anyone other than the City of Fayetteville is at the sole dsk of the
user; and by acceptance of this data, the user does hereby agree to indemnify the City of
Fayetteville and Fold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city's cost of defense, asserted
by user or by another arising from the use of this data. The City of Fayetteville makes no
express a implied warrantees with reference to the data. No word, phrase, or clause found
herein shall be construed to waive that tort immunity selforlh underArkansas law.
Fayetteville, AR
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".City of Fayetteville, AR, 2011 Imagery
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1:2,257
0 105 210 420 ft
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0 30 60 120 m
— Cross -Sections
Flood Hazard Boundaries
The data contained herein was compiled from various sources for the sole use and benefit of
the City of Fayetteville Geographic Information System and the public agencies it serves.
Other Boundaries
Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the
user; and by acceptance of this data, the user does hereby agree to indemnify the City of
Fayetteville and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city's cost of defense, asserted
Limit Lines
by user or by another arising from the use of this data. The City of Fayetteville makes no
express or implied warrantees with reference to the data. No word, phrase, or clause found
herein shall be construed to waive that tort immunity set forth under Arkansas law.
Fayetteville, AR
4/23/2019 9:24:58 AM
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1:5,266
0 245 490 980 ft
0 70 140 280 m
The data contained herein was compiled from various sources for the sole use and benefit of
the City of Fayetteville Geographic Information System and the public agencies it serves.
Any use of the data by anyone other than the City of Fayetteville is at the sole disk of the
user; and by acceptance of this data, the user does hereby agree to indemnify the City of
Fayetteville and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city's cost of defense, asserted
by user or by another arising from the use of this data. The City of Fayetteville makes no
express or implied warrantees with reference to the data. No word, phrase, or clause found
herein shall be construed to waive that tort immunity setforth under Arkansas law.
Fayetteville, AR
6/5/2019 8:30:28 AM 1:4,514
0 210 420 840 ft
FIRM Panels SFHA/ Flood Zone Boundary
0 62.5 125 250 m
Cross -Sections
Flood Hazard Boundaries The data contained herein was compiled from various sources for the sole use and benefit of
the City of Fayetteville Geographic Information System and the public agencies it serves.
Other Boundaries Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the
user; and by acceptance of this data, the user does hereby agree to indemnify the City of
Fayetteville and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city's cost of defense, asserted
Limit Lines by user or by another arising from the use of this data. The City of Fayetteville makes no
express or implied warrantees with reference to the data. No word, phrase, or clause found
herein shall be construed to waive that tort immunity set forth under Arkansas law.
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The data contained herein was compiled from various sources for the sole
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city' s cost of
Exhibit
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
reference to the data. No word, phrase, or clause found herein shall be
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Fayetteville, AR
construed towaivethattort immunity set forth under Arkansas law.
Created: 12/8/2022
Credits: City of Fayetteville, AR, 2015 Imagery I Pictometry International
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The data contained herein was compiled from various sources for the sole
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city' s cost of
Exhibit
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
reference to the data. No word, phrase, or clause found herein shall be
n
Fayetteville, R
construed towaivethattort immunity set forth under Arkansas law.
Created: 12/8/2022
Credits: City of Fayetteville, AR, 2000 Imagery
Map Author:
Exhibit E2 - Year 2025 Tree
47 Preservation Easement Area
` post Raising Cane's
#� development and Lot Split.
W Mitchell Sit_
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The data contained herein was compiled from various sources for the sole
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayetteville harmless from and without liability for any
Exhibit claims, actions, cost for damages of any nature, including the city's cost of
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
reference to the data- No word, phrase, or clause found herein shall be
Fayetteville, /� A p ..trued to waive that tort immunity set forth under Arkansas law.
Created: 4/3/2025
Credits: City of Fayetteville, Aft, 2025 Imagery I EagleView Technologies
Sordex Corporation
Map Author:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 15, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Willa Thomason, Urban Forester
CITY COUNCIL MEMO
2025-431
SUBJECT: VACATION-2025-0002: (EAST OF 1775 W. MITCHELL ST./MITCHELL STREET
TOWNHOMES, 520):
RECOMMENDATION:
Staff recommends approval of VAC-2025-0002 as shown in the attached Exhibit 'B', with the following
conditions:
• Dedication of tree preservation easements on parcels 765-16157-000 and 765-15229-000, as shown in
Exhibits C and D;
• Removal of all invasive species and trash from all three tree preservation easements;
• Planting of 28 mitigation trees (6,061 sf of vacated easement/218 sf base density forestation per acre)
within the proposed tree preservation easements, in addition to the mitigation trees that will be required
with the development of the Mitchell St. parcel;
• Consultation with the Watershed Conservation Resource Center for assessment and mitigation of
erosion to the riparian areas on parcels 765-16157-000 and 765-15229-000
• The proposed vacation and dedications will occur with the easement plat submittal for the proposed
development
BACKGROUND:
The subject property is part of Lot 10 of the Bert Lewis subdivision north of W Martin Luther King Jr Blvd and
approximately 1000 ft. east of Ramay Junior High School.
The tree preservation easement on the subject property was dedicated as part of the development of the JD
China restaurant Large Scale Development when it was built in 2001. After the restaurant closed, Raising
Cane's purchased and subdivided the lot. In 2016, the lot split (LSP 16-5311) was submitted and approved.
The lot split created two lots; one lot with 1.09 acres was sold to Raising Cane's and the other 0.67-acre lot,
containing the 0.38-acre tree preservation easement in question, was left undeveloped. In exchange for the
vacation, the applicant intends to dedicate two additional tree preservation easements off -site as described in
Exhibits C and D.
The City Council has received two prior requests to vacate the tree preservation easement on this property. In
2019, the previous property owner submitted a vacation request that was tabled indefinitely because the
applicant did not provide adequate information for evaluation. The current property owner submitted a request
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
to vacate the entire 0.38-acre easement in 2022 and the request was denied.
Request: The applicant proposes to vacate 0.14 acres of a 0.38-acre tree preservation easement on the
property that was dedicated in 2001.
DISCUSSION:
Staff has visited all three properties and determined that, with restoration work including bank stabilization and
removal of invasive species, the dedication of the two proposed tree preservation easements have the
potential to offer more environmental services to the City than the existing location. Additionally, although the
development of the Mitchell St parcel will result in the loss of some mature canopy, more than half of the
existing tree preservation easement will remain to be enjoyed by residents of the proposed townhomes, and
the development will increase the housing supply while contributing to the City's goals of creating compact,
complete and connected development.
The current tree preservation easement is in a commercial district and surrounded by rental housing units and
fast-food restaurants and is not directly associated with a creek or drainage area. The site primarily contains
healthy, mature deciduous trees but does not show signs of regeneration, as the understory is occupied by
invasive species. Some of the canopy has been removed and trash and red clay have been deposited on the
site as well. The canopy has been thinned over the years, particularly from 2015 to 2022 (Exhibits E). As UDC
§167.04(K)(3) states, "Property owners wishing to remove diseased or dead trees from within a recorded tree
preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal
is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree
so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that
natural replacements of sufficient health and vigor are already present in the tree preservation easement."
Additional trees have not been planted in the existing Tree Preservation Easement to replace those removed.
The portion of the easement to be vacated is on the east and south sides of the site and contains seven
deciduous trees of various species, all below the 18" DBH threshold for "significant trees" as defined in UDC
§151.
The 0.2-acre parcel that is proposed as a new tree preservation easement is located on the west side of the
city along Owl Creek and adjacent to existing Harmony Pointe Park (Exhibit C). Half of this site is in Flood
Zone A. This site contains mature canopy but shows signs of erosion and encroachment by invasive species.
This parcel is also a part of the Enduring Green Network and the addition of a tree preservation easement
within the Enduring Green Network aligns with the City of Fayetteville's Energy Action Plan strategy 4 which
recommends that we, "Explore a strategy and funding mechanism to increase the permanent preservation of
lands identified as the "Enduring Green Network" in the City's Future Land Use Plan and Map. These lands
may be City -owned or preserved through land trusts, tree preservation easements, or other mechanisms."
The 0.6-acre parcel that is proposed as a new tree preservation easement is located on the east side of the
city near S. Ray Ave. in an industrial area close to a residential neighborhood (Exhibit D). The property runs
behind Fire Station #3, CR Crawford Construction, and Promo Life. There is a drainage area running through
the site that drains directly into the West Fork of the White River which is part of the Beaver Lake Watershed
and is in the Streamside Protection Zone. This parcel is adjacent to an existing tree preservation easement
(0.34 acre) that was dedicated as part of the project to build the new Promo Life facility. The canopy on this
site is situated on a heavily eroded streambank and many of the trees are at risk of becoming uprooted as the
stream continues to erode. This parcel is also partially within the Enduring Green Network.
Tree canopy for each site:
• 6,061 sq. ft. of tree canopy to be vacated within current easement 765-07564-000 (Exhibit B)
• 8,712 sq. ft. of tree canopy at proposed easement 765-16157-000 (Exhibit C)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• 26,136 sq. ft. of tree canopy at proposed easement 765-15229-000 (Exhibit D)
• The combined tree canopy for both proposed easements is 34,848 sq. ft. The difference is an increase
of 28,787 sq. ft. or -0.66 acre.
As stated in UDC §167.04(L)(2), "The geographic extent and location of tree preservation easements, once
recorded, may only be modified, or abolished with the express approval of the City Council. Applicants
requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification
or abolition is in the best interest of the City of Fayetteville." Presently, the two proposed easements do not
represent an equitable trade for the partial vacation of the tree preservation easement on Mitchell St. as they
are already undevelopable and large areas of the lots are protected by the streamside protection zone.
However, staff believe the following conditions of approval will increase ecosystem services at all three sites
and justify the partial vacation of the Mitchell St. easement.
CONDITIONS OF APPROVAL:
• Dedication of tree preservation easements on parcels 765-16157-000 and 765-15229-000, as shown in
Exhibits C and D;
• Removal of all invasive species and trash from all three tree preservation easements;
• Planting of 28 mitigation trees (6,061 sf of vacated easement/218 sf base density forestation per acre)
within the proposed tree preservation easements, in addition to the mitigation trees that will be required
with the development of the Mitchell St. parcel;
• Consultation with the Watershed Conservation Resource Center for assessment and mitigation of
erosion to the riparian areas on parcels 765-16157-000 and 765-15229-000
• The proposed vacation and dedications will occur with the easement plat submittal for the proposed
development
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3) , Exhibit A - Property Owner Request (#4), Exhibit B - Location of easement to be
vacated 0.14 acres (#5), Exhibit 131 - Applicant Petition to Vacate (#6), Exhibit 132 - Property Legal Descriptions
(#7), Exhibit C - Proposed Tree Pres Easement Harmony Park (#8), Exhibit C1 - Flood Plain map 1 Harmony
Park (#9), Exhibit D - Proposed Tree Pres Easement Ray Ave (#10), Exhibit D1 - Flood plain map 2 Ray Ave
(#11), Exhibit E - Aerial Photo of Existing Tree Preservation Easement Lot - Prior To Development (#12),
Exhibit E1 - Aerial Photo of Existing Tree Preservation Easement Lot - Prior To Raising Cane (#13), Exhibit E2
- Aerial Photo of Existing Tree Preservation Easement Lot - Current Conditions (#14), UFAB Memo - Mitchell
St. Vacation (#15)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-431
VACATION-2025-0002: (EAST OF 1775 W. MITCHELL ST./MITCHELL STREET
TOWNHOMES, 520):
AN ORDINANCE TO APPROVE THE VACATION OF A 6,061 SQUARE FOOT PORTION OF A
TREE PRESERVATION EASEMENT LOCATED ALONG WEST MITCHELL STREET
CONTINGENT ON THE DEDICATION OF TWO REPLACEMENT TREE PRESERVATION
EASEMENTS TOTALING APPROXIMATELY 0.8 ACRES AND OTHER CONDITIONS
WHEREAS, the owner would like to vacate approximately 6,061 square feet of the existing tree
preservation easement located along West Mitchell Street behind Raising Cane's for the purpose of
developing the property; and
WHEREAS, the owner has offered to dedicate an additional 0.8 acres of tree preservation easement
which will result in a net increase of approximately 0.66 acres of tree preservation.
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 determines that the owner
of the land located along West Mitchell Street (Parcel No. 765-07564-000) that is covered by a
dedicated tree preservation easement has proven to the City Council's satisfaction that the vacation of a
portion of the tree preservation easement, as shown in Exhibit B to the staff memo attached to this
Ordinance, is in the best interest of the City of Fayetteville and therefore grants the land owner's request
to vacate the existing tree preservation easement as to those 6,061 square feet.
Section 2: The vacation and abolishment of the 6,061 square feet of tree preservation easement shall not
be effective until the following conditions are satisfied:
1. Dedication of approximately 0.8 acres of tree preservation easement on Parcel Nos. 765-16157-
000 and 765-15229-000, as shown in Exhibits C and D to the staff memo attached to this
Ordinance.
2. Removal of all invasive species and trash from all three tree preservation easements.
3. Planting of 56 mitigation trees with six (6) year maintenance or bonding agreements within the
proposed tree preservation easements in addition to any mitigation trees required for the
development of the Mitchell Street parcel.
4. Consultation with an organization approved by the Urban Forester to identify measures needed
Page 1
Ordinance: 6859
File Number: 2025-431
to mitigate erosion in the riparian areas on Parcel Nos. 765-16157-000 and 765-15229-000.
Section 3: That the City Council of the City of Fayetteville, Arkansas further conditions this vacation to
require that the measures prescribed to mitigate erosion to the riparian areas on Parcel Nos. 765-16157-
000 and 765-15229-000 shall be implemented at the expense of the applicant/owner prior to the issuance
of any certificates of occupancy for the new development on Parcel No. 765-07564-000.
Page 2
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2025-431
Legistar File ID
4/15/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/28/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2025-0002: Vacation (EAST OF 1775 W. MITCHELL ST/MITCHELL STREET TOWNHOMES, 520): Submitted by
ENGINEERING SERVICES INC for property located EAST OF 1775 W. MITCHELL ST. in WARD 1. The property is zoned
RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.68 acres. The request is to
vacate 0.14 acres of a 0.38-acre tree preservation easement.
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? No
Current Budget
$ -
Funds Obligated
$ -
Current Balance
Does item have a cost? No
Item Cost
$ -
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
SURVEY DESCRIPTION OF A PORTION OF TREE PRESERVATION EASEMENT
TO BE VACATED:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT THE NORTHEAST CORNER OF TRACT 2 AS SHOWN ON A
TRACT SPLIT RECORDED AS FILE NO. 2016-6131 OF THE WASHINGTON
COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID TRACT 2,
S02058'10"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, SAID
POINT BEING THE NORTHEAST CORNER OF A TREE PRESERVATION
EASEMENT AS SHOWN ON AN EASEMENT PLAT RECORDED AS FILE NO. 18A-2;
THENCE CONTINUING ALONG SAID EAST LINE, S02058'10"W A DISTANCE OF
92.07 FEET TO THE SOUTHEAST CORNER OF SAID TREE PRESERVATION
EASEMENT; THENCE LEAVING SAID EAST LINE AND ALONG THE SOUTH LINE
OF SAID TREE PRESERVATION EASEMENT, N83°43'26"W A DISTANCE OF 153.31
FEET TO THE WEST LINE OF SAID TRACT 2 AND TREE PRESERVATION
EASEMENT; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE
OF SAID TRACT 2 AND WEST LINE OF SAID TREE PRESERVATION EASEMENT,
N02059'43"E A DISTANCE OF 4.97 FEET; THENCE LEAVING SAID WEST LINES,
S87012'56"E A DISTANCE OF 87.62 FEET; THENCE N24026'17"E A DISTANCE OF
20.25 FEET; THENCE N02059'43"E A DISTANCE OF 59.08 FEET TO A POINT ON
THE NORTH LINE OF SAID TREE PRESERVATION EASEMENT; THENCE ALONG
SAID NORTH LINE, S87004'54"E A DISTANCE OF 58.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.139 ACRES (6,061 SQUARE FEET), MORE OR LESS.
C. 2 Vacation-2025-0002: (East of 1775 W Mitchell St./Mitchell Street Townhomes, 520)
Received from: Willa Thomason
04/14/2025
12:55 PM
CITY OF
W_ FAYETTEVILLE
ARKANSAS
TO: Mayor Rawn and City Council
FROM: Urban Forestry Advisory Board
DATE: April 13, 2025
SUBJECT: CITY COUNCIL MEMO 2025-431 AND VACATION-2025-0002: (EAST
OF 1775 W. MITCHELL ST./MITCHELL STREET TOWNHOMES, 520)
RECOMMENDATION:
The Urban Forestry Advisory Board (the "Board") advises that, if City Council approves VAC-2025-002,
it conditions its approval with no fewer than the conditions recommended in CITY COUNCIL MEMO
2025-431. Further, the Board advises that the following additions, redlined below, are made to those
conditions:
• Removal of all invasive species and trash from all three tree preservation easements shall be
implemented prior to the issuance of any certificates of occupancy for the new development on
Parcel No. 765-07564-000
• Planting of 2-6-56 mitigation within the proposed tree preservation easements, in addition to the
mitigation trees that will be required with the development of the Mitchell St. parcel
BACKGROUND:
In CITY COUNCIL MEMO 2025-431, staff recommended conditional approval of VAC-2025-002. This
memo thoroughly documents the background and discussion supporting staff's recommendation
related to the request to vacate this tree preservation easement, not to be repeated here.
The Board reviewed this vacation request with the City's Urban Foresters in its April 2, 2025 meeting.
It is the Board's purpose and duty to advise City Council on urban forestry and arboriculture related
issues as an integral part of the city's green infrastructure. This includes those issues related to the
Unified Development Code Chapter 167, which governs Tree Preservation Easements.
The Board has historically advised City Council, collectively and individually by its members, through
letters, memos, and public comment. Most recently, the Urban Forestry Advisory Board wrote a letter to
City Council advising it to deny VACATION-2024-0016, Fayetteville School District's request to vacate
a tree preservation easement at Fayetteville High School. This vacation request was ultimately
approved, though with conditions that were strengthened after constructive debate that considered the
concerns of the Board and other Fayetteville residents.
Page 1 of 5
DISCUSSION:
City Council must consider the best interest of the City of Fayetteville when deciding whether to vacate
and abolish a tree preservation easement. The Board recognizes this requires evaluating many factors
and City priorities, including those that may conflict with preservation of the City's urban forest. It is the
Board's responsibility to ensure City Council is fully advised on the importance of Fayetteville's urban
forest in protecting the health, safety, and general welfare of the City of Fayetteville when making these
types of decisions.
In the context of the City's plans and objectives, the Urban Forestry Advisory Board advocates for
Fayetteville's urban forest first and foremost. This is not to minimize the many other factors, such as
housing, employment, and mobility, that are vital to the welfare of the City. These should be advocated
for, and they are, by the City's other boards, committees, and commissions.
The first principle of the City's Tree Preservation and Protection code of ordinances, UDC
§167.01(13)(1), states, "Preservation shall be the first, best, and standard approach." The Board stands
firmly behind this principle and, as such, approaches requests to vacate tree preservation easements
with a default opposition. However, the Board understands the need for a mechanism to allow for the
modification and abolition of tree preservation easements, as land use should be able to adapt as the
City changes and grows. When City Council decides requests to vacate these easements, it should not
take lightly the requirement that applicants prove that modification or abolition is in the best interest of
the City of Fayetteville, as stated in UDC §167.04(L)(2).
The Boards advice regarding conditional approval of VAC-2025-002 is primarily based on consideration
of the below principal factors relevant to the City's objectives for its urban forest. The impact (positive or
negative, if any) is evaluated for each factor, along with the Board's rationale for the impact and
proposed mitigations that should City Council's approval.
FACTOR IMPACT DISCUSSION• •
Preservation of Existing Tree Canopy
Net Easement
Positive
The applicant proposes to vacate 0.14
The two proposed parcels are
Change
(+)
acres of the existing easement. The two
dedicated as new tree
parcels proposed as new tree preservation
preservation easements.
easements total 0.8 acres, for a net
increase of 0.66 acres in tree preservation
The remainder of the existing
easement.
0.38 acre tree preservation
easement is not vacated.
Page 2 of 5
FACTOR
IMPACT
DISCUSSION•
•
Net Canopy
Negative
While the proposal results in a net increase
56 mitigation trees are planted
Change
(-)
of 0.66 acres in tree preservation
within the proposed tree
easement, neither of the two parcels
preservation easements.
proposed as new tree preservation
easements have a development value
Mitigation trees are planted with
comparable to that of the existing
the development of the Mitchell
easement to be vacated. As such, there is
St. parcel (portion of easement
not an incentive to remove the trees at the
to be vacated).
two proposed parcels; the trees at these
sites are not under threat of removal.
Therefore, maintenance of the status quo
would most likely result in the preservation
of existing tree canopy at all three sites
(existing easement and proposed),
whereas approval of the vacation request
will result in removal of 0.14 acres of tree
canopy.
Preservation of
None
Staff states no trees in the portion of the
None.
Significant
easement to be vacated meet the 18" DBH
Trees
threshold for "significant trees"
Preservation of
Negative
Staff states the trees in the portion of the
Applicant consults, to the
Healthy Trees
(-)
easement to be vacated are healthy,
satisfaction of the Urban
mature deciduous trees. The 0.2 acre
Forester, with Consultation with
parcel that is proposed as a new tree
the Watershed Conservation
preservation easement contains mature
Resource Center to mitigate
canopy, but trees within both proposed
riparian erosion on the
parcels are threatened by erosion.
proposed tree preservation
easements.
Preservation of
Negative
Staff states several species of mature trees
Invasive species and trash are
Beneficial
(-)
are located in the portion of the easement
removed from all three sites
Trees
to be vacated. The removal of these trees
before issuance of any
would be a loss of biodiversity, wildlife
certificates of occupancy for
habitat, shade, and the many other benefits
new development on the
mature trees provide. The 0.2 acre parcel
Mitchell St. parcel.
that is proposed as a new tree preservation
easement contains mature canopy, but
trees are threatened by invasive species.
Interaction with Urban Forestry Management Plan
Page 3 of 5
FACTOR
IMPACT
DISCUSSION•
•
Tree Equity
Negative
The existing tree preservation easement is
None additional; see above.
Score
(-)
within a census block group with a Tree
Equity Score of 71 and 22% tree canopy
cover. This ranks 65th of Fayetteville's 68
block groups and is well below
Fayetteville's composite Tree Equity Score
of 87. Removal of trees from the portion of
the easement works against Fayetteville's
tree equity objectives, which consider the
intersection of social, economic, and
environmental considerations. Both
proposed parcels are within census block
groups with a Tree Equity Score of 82,
though trees within these parcels are not
under threat of removal.
Priority
Negative
The existing easement is a high priority
None additional; see above.
Planting Areas
(-)
planting area based on its relatively low
Tree Equity Score, low tree canopy, high
average surface temperature, and high
health risk index. Each of these indicators
is linked to, and is improved by, the
presence of trees, especially mature trees.
The removal of mature trees from the
portion of the easement to be vacated will
be a setback to the City's planting priorities.
Interaction with Other City Plans & Objectives
Land Use &
Positive
The existing easement is contained within a
None additional; see above.
Enduring
(+)
"City Neighborhood" future land use
Green Network
designation, and the proposed townhomes
align with the guidance for this designation,
which encourages density. Per City Plan
2040, landscaping in this land use
designation is urban in form, typically with
street trees in sidewalk zones. The
proposed tree preservation easements
contribute to the preservation of the City's
Enduring Green Network.
Housing
Positive
The purpose of the vacation request is to
None additional; see above.
Supply
(+)
develop the portion of the easement to be
vacated, and the townhomes proposed for
the site will increase the City's housing
supply.
Page 4 of 5
In conclusion, the Urban Forestry Advisory Board strongly advises that City Council approve VAC-
2025-002 only if the conditions outlined in CITY COUNCIL MEMO 2025-431 are adopted in their
entirety, along with the additional conditions proposed by the Board for ensuring invasive species
removal and trash removal before issuance of certificates of occupancy and increased mitigation
plantings within the proposed easements. These added conditions are essential to adequately address
the Board's concerns regarding tree canopy loss, preservation of healthy and beneficial trees, and the
City's urban forestry management plan and equity objectives. The Board urges City Council to prioritize
the long-term health and benefits of Fayetteville's urban forest in its final decision.
Page 5 of 5
