HomeMy WebLinkAboutOrdinance 7017Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7017
File Number: 2026-2163
AN ORDINANCE TO APPROVE VAC-26-08 FOR PROPERTY LOCATED AT 2434 NORTH DEANE
SOLOMON ROAD IN WARD 2 TO VACATE 3,320 SQUARE FEET OF TREE PRESERVATION AREA
CONTINGENT ON THE DEDICATION OF A NEW 12,915 SQUARE FOOT TREE PRESERVATION
EASEMENT, THE PLANTING OF 46 MITIGATION TREES, AND OTHER CONDITIONS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of tree preservation is not required
for corporate purposes.
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 vacates the portion of tree preservation as
described in Exhibit B attached to the Planning Department’s agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A, the legal
description attached as Exhibit B, and the survey attached as Exhibit E to the Planning Division’s agenda memo shall
be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation shall not be effective until the following conditions have been satisfied:
1.A tree preservation easement totaling 12,915 square feet shall be dedicated on Parcel 765-15879-
000, as shown in Exhibit F attached to the Planning Division’s agenda memo.
2.Forty-Six (46) mitigation trees shall be planted within the new onsite tree preservation easement,
and in available green spaces onsite as approved by the Urban Forester.
3.The proposed easement dedication and onsite planting shall occur prior to the issuance of a
certificate of occupancy for the proposed development.
PASSED and APPROVED on July 21, 2026
Approved: Attest:
_______________________________
Molly Rawn, Mayor
___________________________________
Courtney Spohn, Senior Deputy City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 155.04
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
PROPERTY LEGAL DESCRIPTION PER W.D. 2015-35610
A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION THIRTY THREE
(33), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN DEANE
SOLOMON ROAD WHICH IS 330.00 FEET EAST AND N 00 DEGREES 05'08"W 150 FEET
FROM THE SOUTHWEST COMER OF SAID 80 ACRE TRACT, AND RUNNING THENCE N 00
DEGREES 05'08"W 200.00 FEET; THENCE EAST 435.0 FEET; THENCE S 0 DEGREES 05'08"E
200.00 FEET; THENCE WEST 435.0 FEET TO THE POINT OF BEGINNING. CONTAINING 2
ACRES, MORE OR LESS.
SURVEY DESCRIPTION OF A PORTION OF TREE PRESERVATION EASEMENT TO BE
VACATED:
A PART OF A VARIABLE WIDTH TREE PRESERVATION EASEMENT DEDICATED PER
EASEMENT PLAT 24-462, SAID EASEMENT BEING A PART OF THE SOUTH HALF (S 1/2) OF
THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING (POC TREE ESMT 2) AT THE SOUTHWEST CORNER OF SAID
SOUTH HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTH HALF, S87°05'13"E,
330.00 FEET; THENCE LEAVING SAID SOUTH LINE, N02°50'39"E, 150.03 FEET TO THE
GRANTOR'S SOUTHWESTERLY PROPERTY CORNER; THENCE ALONG THE GRANTOR'S
SOUTHERLY PROPERTY LINE, S87°06'11"E, 110.95 FEET TO THE POINT OF BEGINNING
(POB); THENCE LEAVING SAID SOUTHERLY PROPERTY LINE, N04°58'31"E, 14.50 FEET;
THENCE N85°01'29"W, 26.64 FEET; THENCE N02°57'05"E, 7.69 FEET; THENCE
S87°09'14"E, 40.01 FEET; THENCE N02°54'54"E, 1.81 FEET; THENCE S87°05'55"E, 57.47
FEET; THENCE ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 30.35 FEET, SAID
CURVE HAVING A RADIUS OF 20.50 FEET, AND A CHORD BEARING AND DISTANCE OF
S44°44'22"E, 27.65 FEET; THENCE LEAVING SAID CURVE, S87°09'14"E, 57.31 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 17.43 FEET, SAID
CURVE HAVING A RADIUS OF 20.50 FEET, AND A CHORD BEARING AND DISTANCE OF
N68°29'35"E, 16.91 FEET; THENCE ALONG A REVERSE CURVE TO THE RIGHT, AN ARC
DISTANCE OF 2.13 FEET, SAID CURVE HAVING A RADIUS OF 2.50 FEET, AND A CHORD
BEARING AND DISTANCE OF N68°29'35"E, 2.06 FEET; THENCE LEAVING SAID CURVE,
S87°09'14"E, 42.64 FEET; THENCE S02°54'05"W, 14.30 FEET TO SAID SOUTHERLY
PROPERTY LINE; THENCE ALONG SAID SOUTHERLY PROPERTY LINE, N87°05'47"W, 209.05
FEET TO THE POINT OF BEGINNING (POB). CONTAINING 3,320 SQUARE FEET, 0.08 ACRES.
SUBJECT TO ANY EASEMENTS, RIGHTS-OF-WAY, OR COVENANTS OF RECORD.
Exhibit B - Legal Description
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Exhibit C - Applicant Request LetterDocusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Exhibit D: Petition to Vacate
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Exhibit E - SurveyDocusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2163
MEETING OF JULY 21, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Willa Thomason, Urban Forester
SUBJECT: VAC-2026-0008: Vacation (2434 N DEANE SOLOMON RD/LEWIS BROTHERS
LEASING COMPANY, 286): Submitted by MCCLELLAND CONSULTING ENGINEERS
for property located at 2434 N DEANE SOLOMON ROAD. in WARD 2. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.9 acres.
The request is to vacate 3,320 square feet of an existing tree preservation easement.
RECOMMENDATION:
Staff recommends approval of VAC-2026-0008 as shown in the attached Exhibit 'C', with the following
conditions:
• A tree preservation easement totaling 12,915 square feet shall be dedicated on parcel 765-15879-000,
as shown in Exhibit D;
• 46 mitigation trees shall be planted within the new onsite tree preservation easement, and in available
green spaces onsite as approved by the urban forester (as calculated by dividing the square footage of
the canopy associated with the easement to be vacated (~10,000 sf) by 218 sf growth area per tree for
a base density forestation of 200 trees per acre);
• The proposed easement dedication and onsite planting shall occur prior to the issuance of a certificate
of occupancy for the proposed development.
BACKGROUND:
The subject property is located west of I-49, directly across from the Washington County Fairgrounds, and
roughly 0.5 miles south of Wilson Springs Preserve.
The tree preservation easement in question was dedicated in December 2022 as a requirement of a large
scale development (LSD-2022-000005) for the associated car dealership. The easement encompasses 4,969
sf total and is one of three tree preservation easements on the parcel. The applicant is requesting to vacate a
3,320 sf portion of the easement on the southernmost property boundary for the purpose of constructing a
drive aisle which will allow for vehicular circulation around the existing structure.
Request: The applicant proposes to vacate 3,320 sf of an existing 4,969 sf tree preservation easement.
DISCUSSION:
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
In considering this request, it is important to note that while the proposed site improvements will require root
pruning of the mature silver maple (Acer saccharinum) trees within the portion of the tree preservation
easement to be vacated, the intent is not to harm or remove the trees. The applicant states that care will be
taken to avoid undue impact to the trees, including the installation of tree protection fencing. Additionally, the
trunks of the maple trees associated with the existing easement are located on the adjacent Fayetteville
Church of Christ property, with portions of their canopy and root-zone extending into the Lewis Automotive tree
preservation easement. Because the adjacent property owner could independently disturb or remove the trees
at any time with no consequences, the current easement offers limited protection value. The recommendation
to plant 50 mitigation trees on the Lewis Automotive campus serves to mitigate proactively for the potential loss
of ~10,000 sf of mature canopy, whether it will be impacted by the proposed site improvements, or disturbed in
the future by the adjacent property owner.
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.” The proposed easement dedication and mitigation
plantings will result in a net increase in tree preservation easement area and in protected canopy coverage on-
site. Staff believe this increase in protected canopy will justify the proposed easement vacation.
The Urban Forestry Advisory Board reviewed this proposed vacation at the June 3, 2026 meeting,
recommending in favor of the proposed vacation and conditions of approval. Staff have not received any other
public comment on this item.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A - Project Map, 5. Exhibit B - Legal Description, 6. Exhibit
C - Applicant Request Letter, 7. Exhibit D - Petition to Vacate, 8. Exhibit E - Survey, 9. Exhibit F - Proposed
Dedication
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2163 AN ORDINANCE TO APPROVE VAC-26-08 FOR PROPERTY LOCATED AT 2434 NORTH
DEANE SOLOMON ROAD IN WARD 2 TO VACATE 3,320 SQUARE FEET OF TREE
PRESERVATION AREA CONTINGENT ON THE DEDICATION OF A NEW 12,915 SQUARE
FOOT TREE PRESERVATION EASEMENT, THE PLANTING OF 46 MITIGATION TREES,
AND OTHER CONDITIONS WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of tree preservation
is not required for corporate purposes.
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 vacates the portion of tree
preservation as described in Exhibit B attached to the Planning Department’s agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A, the legal description attached as Exhibit B, and the survey attached as Exhibit E to the
Planning Division’s agenda memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation shall not be effective until the following conditions have been satisfied:
1. A tree preservation easement totaling 12,915 square feet shall be dedicated on Parcel
765-15879-000, as shown in Exhibit F attached to the Planning Division’s agenda
memo.
2. Forty-Six (46) mitigation trees shall be planted within the new onsite tree preservation
easement, and in available green spaces onsite as approved by the Urban Forester.
3. The proposed easement dedication and onsite planting shall occur prior to the issuance
of a certificate of occupancy for the proposed development.
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2
6/30/2026
Submitted Date
No
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Budgeted Item?
Does item have a direct cost?
Is a Budget Amendment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Amendment
Remaining Budget
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No
No -$
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Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-2163
Item ID
7/21/2026
City Council Meeting Date - Agenda Item Only
VAC-2026-0008: Vacation (2434 N DEANE SOLOMON RD/LEWIS BROTHERS LEASING COMPANY, 286): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at 2434 N DEANE SOLOMON ROAD. in WARD 2. The
property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.9 acres. The request is to
vacate 3,320 square feet of an existing tree preservation easement.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Willa Thomason DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2