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Home My WebLink About172-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 172-20 File Number: 2020-0459 VACATION (SW OF N. GREGG AVE. & W. LAWSON STJHOG TROUGH): A RESOLUTION TO APPROVE THE VACATION OF A 154.22 SQUARE FOOT PORTION OF A TREE PRESERVATION EASEMENT LOCATED SOUTHWEST OF NORTH GREGG AVENUE AND WEST LAWSON STREET IN EXCHANGE FOR THE OWNER'S OFFER TO DEDICATE AN ADDITIONAL 443.34 SQUARE FEET OF TREE PRESERVATION EASEMENT WHEREAS, the owner would like to vacate approximately 154.22 square feet of the existing tree preservation easement located at the west side of the Hog Trough/Gregg Street Townhouses for the purpose of constructing a storage shed; and WHEREAS, the owner has offered to dedicate an additional 433.34 square feet of tree preservation easement which will result in a net increase of approximately 280 square feet of tree preservation on the property. NOW, THEREFORE, BE IT RESOLVED 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 154.22 square feet covered by a dedicated tree preservation easement has proven to the City Council's satisfaction that such vacation of that portion of the tree preservation easement 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 154.22 square feet. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the dedication of an additional 433.34 square feet of tree preservation easement, as shown in the Page 1 Printed on V17/20 Resolution. 172-20 File Number: 2020-0459 Easement Plat (Exhibit A) and the legal description (Exhibit B) attached to this Resolution. PASSED and APPROVED on 6/16/2020 Attest: ER K I ��rrii C1 T Y Kara Paxton, City Clerk Treasur—er ; �AYE�EVI(Lf S ",'j TON CNN`��. Page 2 Printed on &M7120 City of Fayetteville, Arkansas 113West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File -�/ File Number: 2020-0459 Agenda Date: 6/16/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: C 3 VACATION (SW OF N. GREGG AVE. & W. LAWSON ST./HOG TROUGH): A RESOLUTION TO APPROVE THE VACATION OF A 154.22 SQUARE FOOT PORTION OF A TREE PRESERVATION EASEMENT LOCATED SOUTHWEST OF NORTH GREGG AVENUE AND WEST LAWSON STREET IN EXCHANGE FOR THE OWNER'S OFFER TO DEDICATE AN ADDITIONAL 443.34 SQUARE FEET OF TREE PRESERVATION EASEMENT WHEREAS, the owner would like to vacate approximately 154.22 square feet of the existing tree preservation easement located at the west side of the Hog Trough/Gregg Street Townhouses for the purpose of constructing a storage shed; and WHEREAS, the owner has offered to dedicate an additional 433.34 square feet of tree preservation easement which will result in a net increase of approximately 280 square feet of tree preservation on the property. NOW, THEREFORE, BE IT RESOLVED 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 154.22 square feet covered by a dedicated tree preservation easement has proven to the City Council's satisfaction that such vacation of that portion of the tree preservation easement 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 154.22 square feet. Section 2: The vacation and abolishment of the tree preservation easement is conditioned upon the dedication of an additional 433.34 square feet of tree preservation easement, as shown in the Easement Plat (Exhibit A) and the legal description (Exhibit B) attached to this Resolution. City of Fayetteville, Ar*anses Page 1 Printed on 0 1712020 Garner Stoll City of Fayetteville Staff Review Form 2020-0459 Legistar File ID 6/16/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: 5/29/2020 Vacation (SW OF N. GREGG AVE. & W. LAWSON ST./HOG TROUGH, 405): Submitted by KEVIN CURRY for property located SOUTHWEST OF NORTH GREGG AVE. AND WEST LAWSON ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.003 acres. The request is to vacate a portion of a tree preservation easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JUNE 16, 2020 TO: Mayor Lioneld Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Garner Stoll, Senior Director, Development Services Jonathan Curth, Development Review Manager FROM: Melissa Evans, Urban Forester, Planning DATE: May 29, 2020 SUBJECT: Vacation of a Tree Preservation Easement. Vacation (SW OF N. GREGG AVE. & W. LAWSON ST./HOG TROUGH, 405): Submitted by KEVIN CURRY for property located SOUTHWEST OF NORTH GREGG AVE. AND WEST LAWSON ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.003 acres. The request is to vacate a portion of a tree preservation easement. RECOMMENDATION: Staff is recommending in support of the vacation of a portion of a tree preservation easement area in conjunction with the addition of a new tree preservation easement area dedicated contiguous to the existing tree preservation easement located on the west side of the Gregg Street Apartments and as shown in the attached Exhibits A and B. BACKGROUND: The owner would like to vacate approximately 154.22 square feet of the existing tree preservation easement located at the west side of the Hog Trough/Gregg Street Townhouses and dedicate approximately 433.34 square feet of tree preservation easement. This will result in a net of approximately 280 square feet of tree preservation on the property. DISCUSSION: Urban Forestry staff spoke with applicant on May 8, 2020 to discuss the tree preservation easement due to the applicant's pending building permit application for the construction of a 12' x 24' storage shed in a portion of the Tree Preservation Easement. Almost half of the storage shed is proposed to be built in the Tree Preservation Easement. Per Chapter 166.12, structures are not allowed within Public Easements. The applicant chose this location for the storage shed since it is a clearing in the tree canopy and the detention pond is directly south of this area. Per Chapter 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting." This apartment project was approved through development review in 2018 and newly constructed in 2019 and 2020. BUDGET/STAFF IMPACT: N/A Attachments: • Site Map • Exhibit A • Exhibit B • Request Letter • Proposed Structure • Approved Landscape Plan Fayetteville, AR f51t `:,07 z 5024 1491 �. 6 \ _ /4- t: 135 1355 ` 135 1352 13 N' Beck Dr 134 1348 0344 - ^� s4 1340 a i+3 7�i ti :....133 _0 1332 1. 133 i 1328 ' 2 AL M,_ 5/28/2020, 5:18:32 PM Tree Preservation Area Subject Property Area of Proposed Vacation (-154.22 SF) Area of Proposed Dedication (--433.34 SF) Q ,, c` Fayetteville AR- 2 1 1.2,257 0 0.0175 0.035 0.07 mi 0 0.03 0,06 0.12 km The data contained herein was compiled from vanous sources for the sole use and benefit of fie City of Fayettewle Geographic Information System and the pubic agenaes it serves Any use o/the tlab by anyone other then ire City of Fayetteville is at the sole riskoftheand by ameptance of the data the mar does herebyagree to Indemnity tie city of Fayetteville and hod fie City of Fayetlevile harmless from and without fabify for any calms, actions, met for damages of any nature.—ludng ire ci V's cost d defense, asserted by u a by mother amng from the me of the dab. The City of Fayetteville makes m eapessor,mplkd warrantees colt, reference to the data No word, phase, a dause found herein ah al be cons trued to wary a that tort m nun ity set lath under Arkansas aw, EXHIBIT 'A' EASEMENT PLAT NlI "!JyH J.bT\. V:MY k IIM1.n! t KE [I M4 f IIISIFU _ a {.� IFI F IF a - — / rclRn(NTO eE \DULDi EXIINI I"RI"SfRVH IC<x SI:nIf.Nl I I.AI IF Ui I ! J I _ 1i TOTAL ACR:AGE I I I r a PARCEL /765-14010-000 .o1, AY:I:ES +/- F. r d 1.65 ACRES +/- AFTER R/W DEDICATION I I J 1 77 . / /N• lLR\f \ul lfVtrlY RYIIII[ I> `NYI_Yp•µ, M.Ti1 �y ITIL PFM IF�IFN; I I- x i LYIItµ - '� IUV T YiL L 3 1. _ , RF v NCIIFFICSf I.IOfAfPf£ pV a EPxF / I ON )116 )HE I P F . E ! / .... IF IF ... IF ....... IF .. IF . IF h..•— D4STA As P,\ / %cam iar • �, .............. =K1 I e n..III°u,.Po=mFYruuooEs I 0" 30' 60' 90' W.\LLII[ILLTi FIT / I aVx/i, ` /VNAI.tiv'M'91!W V b,�I' UL VL ------' IF IF FIT" WAM [I Vl-YIf Fw F ) Mlin w.l Mr IVI.0.LPnF. IIF F. . M 1 FIT.RIREll. LLU - T< IT: MFl[T F0. THE VUIIIi 'T ♦V LVSTf:0.fB.U. iIIFTI ;xL Yx1Rf UR IFS[Vx) mRY IU+-.TIFVLF]0.1vN n ,1lIFVCFNF"Jnfm-x, urnl Y[lt STM. PrxnIFC M1-. twL F.♦-. TU TIFw MT) E("MVIV[. tt VT xYrv414YtRF[. xFrn F.IFII „ L CIF-P:. IPY.lrn II TI-ll 11 IF xwrn[ :ul.xY.ul Ixll vxF.,f.�.rrM \Tl'IMIII NV'. L ..v... ... L. .[ I .I I r. .II,1. 11 x IY r 11 1 11x I I Vr11 IF I W ..H.0 xl. fF,tl a 111ry .I r.1 Pn Y. I I 1 N.II rr xl.xn. rr i tIM IMIIM1 NIIfIIV ♦nlUl .,full Vl. t —" I I f,l YNn II II\IrF. r\IlVlil ,.x.t., ul,.r lxvl xY .,Vr. i IF "I, I IIF I I, t..l. lull xllrV 1. F,.xf IIY Ix_ L N II.II xIUI5lfxrnitV.r.tx\Itrr. vxrlfFnWI.VW i..raxnew_r-r.�, n.TF �,x«tnr,INIFI Bates LEGEND: �+ \I'\RI\1L\Iti. LLI x.i Associates,lnc• •r _ _ _ _ r iFE H .. ..... F'.a.' E"M""''s...)on LNxmrapeNRnR..b 0 _ ,� w &tt m _- { �T �,) m�>B� xN EXHIBIT 'B' Bates � Associates.1nic. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville. AR 72704 PH: 479-442-9350 ' FAX: 479-521-9350 www.nwabatesinc.com RE: LEGAL DESCRIPTIONS FOR GREGG AVENUE TOWNHOMES PARCEL #765-14010400: A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF NORTH GREGG AVENUE, WHICH IS N87° 1343"W 35.00' FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY S02026'30"W 332.44' TO AN EXISTING REBAR, THENCE LEAVING SAID RIGHT-OF-WAY N87046'06"W 282.47' TO AN EXISTING REBAR, THENCE N23009'44"E 357.57TO AN EXISTING REBAR, THENCE S87°12%"E 155.96TO THE POINT OF BEGINNING, CONTAINING 1.68 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PREVIOUS TREE PRESERVATION EASEMENT DESCRIPTION: A TREE PRESERVATION EASEMENT FILED IN BOOK 2018 AT PAGE 32523 WHICH IS LOCATED PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 09, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87013'43"W 35.00' TO AN EXISTING REBAR, THENCE N87012'09"W 155.96' TO AN EXISTING REBAR, THENCE S23009'44"W 66.12' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE S87046'06"E 18.21', THENCE S02013'54"W 156.17', THENCE N87°46'06"W 38.92', THENCE S02013'54"W 116.04', THENCE N87046'06"W 83.40' TO AN EXISTING REBAR, THENCE N23009'44"E 291.44' TO THE POINT OF BEGINNING, CONTAINING 0.34 ACRES, MORE OR LESS. PORTION OF TREE PRESERVATION EASEMENT TO BE VACATED DESCRIPTION: A PORTION OF AN EXISTING TREE PRESERVATION EASEMENT FILED IN BOOK 2018 AT PAGE 32523 TO BE VACATED WHICH IS LOCATED IN A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 09, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87013'43"W 35.00' TO AN EXISTING REBAR, THENCE N87012'09"W 155.96' TO AN EXISTING REBAR, THENCE S23009'44"W 15.16', THENCE S02013'54"W 184.50' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02013154"W 19.28', THENCE N87°46'06"W 8.00', THENCE NO2°13'54"E 19.28', THENCE S87°46'06"E 8.00' TO THE POINT OF BEGINNING, CONTAINING 154.22 SQUARE FEET. ADJUSTED TREE PRESERVATION EASEMENT DESCRIPTION: A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 09, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87013'43"W 35.00' TO AN EXISTING REBAR, THENCE N87012'09"W 155.96' TO AN EXISTING REBAR, THENCE S23009'44"W 15.16' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02013'54"W 184.50', THENCE N87°46'06"W 8.00', THENCE S02°13'54"W 19.28', THENCE N87°46'06"W 30.92', THENCE S02013'54"W 116.04', THENCE N87046'06"W 83.40' TO AN EXISTING REBAR, THENCE N23009'44"E 342.41' TO THE POINT OF BEGINNING, CONTAINING 0.34 ACRES, MORE OR LESS. Gregg Street Townhouses 1470 South College Mountain Home, AR 72653 GreggStreetTownhouses@gmail.com Thursday, May 28, 2020 City of Fayetteville City Council Urban Forestry Division To the City of Fayetteville City Council and Urban Forestry Division: Gregg Street Townhouses, hereinafter GST, requests a change to the Tree Preservation Easement currently in effect. GST requires a shed to support the maintenance of 21 townhouses. We are requesting an area less than the size of the shed, 154.22 square feet, be removed from the preservation easement, and in exchange, an area of 433.34 square feet be added to the easement. GST is asking for this modification because the placement of the shed is on the only level ground currently not used by the project. Sincerely, Kevin Curry Gregg Street Townhouses Managing Member Single Member 9 NORTH ELEVATION er=r-P BEAST ELEVATION —! , GREG AVE MAINT SHED 1401 N Gregg AV . w . FAYETTEVILLE, AR 9 WEST ELEVATION f N' = I'P lY1 —_—#ma,c4: ----- OSO[ITN ELEVATION lr7 @FIRST FLOOR PLAN f r. rw Vl GENERAL NOTES: mb $ ,•.._,..tin-.....-,�.e.. a_ °. n.,,.,_.�,.�_µ• L� L V �m CODE SUMMARY w - m a w Ckev p[un 4) P roan .til/i7.T7NDF.'X N ti//L'tTNAMR UATk' HFr7su GY rrer uaao LOCATION A7 1 PLANT SCHEDULE (�'� ifs r•.mE Bo*,ur wow Jrry �� co c.��.., dM. o.nrom. o.wm• x.e� x. x : Gr (� H. x. Qa.,ar.r.m .....n.r r.,,„e.r m.omxw•ry w ,n .�. .. ;}� u r •. • r.rw. yrryr rw ry.�rror E...w. wr .c .. .. Ju x(j •,. «,dx.... n.nrx..x•r.x s.... Iw .. ... ., `. rs ,= ,�+nmm w.rn. x•.n rx.n x•xx..nm wr .s.>.�- .wr.xMM.n,n. n•m�n 9, ® Ix I,namW.r,x• xPx,.rxvx 6 •PTPEEi iPFE rm•rM^•++ ••WWM M — P • P•A" WT TREE rar•ruP• rMrr•, /xmnr •.IN•rP•rb Gmry Wlew xpmrm.nnfy yr rnr lyp• .4xm lM4n umMrol Y'(Nlprrmvro Mvl�m•tl •iL