HomeMy WebLinkAbout255-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 255-21
File Number: 2021-0770
ARKANSAS DEPARTMENT OF TRANSPORTATION:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE CURRENT RIGHT OF WAY
MAINTENANCE PERMIT WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION
IN ORDER FOR THE CITY TO BE ABLE TO ASSIST THE CREATION OF THE CITY'S
THIRD MEDICAL CANNABIS DISPENSARY BY HAVING THE RIGHT TO DETERMINE
WHICH TREES MAY BE REMOVED AND WHICH MUST BE RETAINED FROM PARCEL
765-14875-001 NEAR INTERSTATE 49
WHEREAS, a right of way maintenance permit was originally obtained from the Arkansas
Department of Transportation (ARDOT) so the City could conduct right-of-way clearing in the
northeast comer of the Martin Luther King, Jr. Boulevard and Interstate 49 intersection on ARDOT
property following public safety concerns several years ago; and
WHEREAS, the Department of Economic Vitality and the Fayetteville Chamber of Commerce
recommend an amendment of our current right of way maintenance permit to assist in the retention and
expansion of one of Fayetteville's three medical marijuana dispensaries while protecting significant
trees on ARDOT property; and
WHEREAS, signing of this permit enables the City to have the ability to determine which trees are
removed and retained on property owned by the Arkansas Department of Transportation and not
within the City's normal jurisdiction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section I: That the City Council of the City of Fayetteville. Arkansas hereby approves the amendment
Page 1 Printed on 10/2021
Resolution: 255-21
File Number 2021-0770
of the current right of way maintenance permit with the Arkansas Department of Transportation for the
City to have the authority to determine which trees may be removed or must be retained from ARDOT
property (parcel 765-14875-001) and authorizes Mayor Jordan to sign such amendment.
PASSED and APPROVED on 10/19/2021
Attest:
ttttttnlgr
CLERK /
CITY
Kara Paxton, City Clerk Treasuredma
ALE
Page 2 Printed on 10/20/21
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701 (479) 575-8323
Text File
File Number: 2021-0770
Agenda Date: 10/19/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.9
ARKANSAS DEPARTMENT OF TRANSPORTATION:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE CURRENT RIGHT OF WAY
MAINTENANCE PERMIT WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION IN
ORDER FOR THE CITY TO BE ABLE TO ASSIST THE CREATION OF THE CITY'S THIRD
MEDICAL CANNABIS DISPENSARY BY HAVING THE RIGHT TO DETERMINE WHICH TREES
MAY BE REMOVED AND WHICH MUST BE RETAINED FROM PARCEL 765-14875-001 NEAR
INTERSTATE 49
WHEREAS, a right of way maintenance permit was originally obtained from the Arkansas Department of
Transportation (ARDOT) so the City could conduct right-of-way clearing in the northeast corner of the Martin
Luther King, Jr. Boulevard and Interstate 49 intersection on ARDOT property following public safety concerns
several years ago; and
WHEREAS, the Department of Economic Vitality and the Fayetteville Chamber of Commerce recommend an
amendment of our current right of way maintenance permit to assist in the retention and expansion of one of
Fayetteville's three medical marijuana dispensaries while protecting significant trees on ARDOT property; and
WHEREAS, signing of this permit enables the City to have the ability to determine which trees are removed
and retained on property owned by the Arkansas Department of Transportation and not within the City's
normal jurisdiction.
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 approves the amendment of the
current right of way maintenance permit with the Arkansas Department of Transportation for the City to have
the authority to determine which trees may be removed or must be retained from ARDOT property (parcel
765-14875-001) and authorizes Mayor Jordan to sign such amendment.
City of Fayetteville, Arkansas Page 1 Printed on 10/20/2021
City of Fayetteville Staff Review Form
2021-0770
Legistar File ID
10/19/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 9/30/2021 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff is recommending approval of the resolution authorizing Mayor Jordan to sign an amendment to the current
Right of Way (ROW) maintenance permit open with the Arkansas Department of Transportation.
Signing of this permit enables the City to have the ability to dictate which trees are removed and retained from
parcel 765-14875-001, which is owned by the Arkansas Department of Transportation and is located outside of the
City's jurisdiction.
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
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 19, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: September 30, 2021
CITY COUNCIL MEMO
SUBJECT: A RESOLUTION AUTHORIZING MAYOR JORDAN TO SIGN AN AMENDED
RIGHT OF WAY MAINTENANCE PERMIT WITH THE ARKANSAS DEPARTMENT OF
TRANSPORTATION FOR PARCEL 765-14875-001
RECOMMENDATION:
Staff is recommending approval of the resolution authorizing Mayor Jordan to sign an
amendment to the current Right of Way (ROW) maintenance permit open with the Arkansas
Department of Transportation.
Signing of this permit enables the City to have the ability to dictate which trees are removed and
retained from parcel 765-14875-001, which is owned by the Arkansas Department of
Transportation and is located outside of the City's jurisdiction.
BACKGROUND:
A ROW Maintenance permit was originally obtained from ARDOT to conduct right-of-way
clearing in the northeast corner of the M.L.K Jr. Blvd and Interstate 49 intersection following
public safety concerns several years ago.
The request to amend this permit comes as a component of a retention and expansion project
the Department of Economic Vitality and the Fayetteville Chamber of Commerce are currently
working on. Specifically, the business in question is one of Fayetteville's three medical
marijuana dispensaries.
Passed in 2016, the Arkansas Medical Cannabis Act (Amendment 98) allowed the Alcoholic
Beverage Control Division to license up to 40 dispensaries across the state. During the original
allotment of facilities, the City of Fayetteville was fortunate to receive two dispensaries. In 2021,
the City of Fayetteville was awarded a third dispensary as the Arkansas Medical Marijuana
Commission released additional licenses. These healthcare facilities are not only highly
specialized, they are nearly impossible to replace. The relocation and expansion of these
businesses is further challenged by the distance requirements they must adhere to (1,500 feet
away from any church, public or private school, or a daycare or childcare facility's property line).
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The parcel currently being considered by the dispensary is south of MLK and is located next to
the State-owned frontage road (S. Shiloh Drive), which separates the site from the ARDOT
ROW (PIN: 765-14875-001). The site currently has no interstate visibility. Enhanced visibility
from the interstate is a critical need of the business in order to proceed with the site
development.
DISCUSSION:
ROW Maintenance permits are used by highway adjacent property owners all over Arkansas to
enhance the visibility of their properties and provide enhanced visibility by cleaning up and
thinning State-owned rights -of -way. Private property owners can request these permits when
their property abuts ARDOT ROW. Due to a State-owned frontage road (S. Shiloh Drive)
separating the developer's parcel from the ARDOT ROW in question (PIN: 765-14875-001),
their request for a permit was denied by ARDOT and they were told they would need to have
the City's support to proceed with the request.
The parcel of ARDOT ROW in question (PIN: 765-14875-001) is currently not subject to the City
of Fayetteville's ordinances given it is outside of the City's jurisdiction. This Resolution would
authorize Mayor Jordan to sign an amended permit with ARDOT giving the City the ability to
dictate which trees and brush are removed from the property and which are not. When the
project proceeds through Large Scale Development review, the City will work with the new
prospective land owner and their representative to develop a tree plan on PIN 765-14875-001
consistent with the zoning classification currently on the property (Residential Agriculture,
percent minimum canopy of 25%). Signing of this amended permit gives the City the ability to
dictate which trees must be retained, whereas without this permit we would have no ability to
dictate which trees could be removed or retained.
Support of this resolution from the Department of Economic Vitality stems largely from the fact
that this facility is one that cannot be replaced through any traditional economic development
means. Each of Fayetteville's medical marijuana dispensaries serve a critical role in the City's
economy, and retention of these businesses is a very high priority for the department. While
these businesses are employers, job creators and sales tax generators, these points are
superseded by the fact that they are very specialized healthcare facilities that many Fayetteville
residents rely on.
Furthermore, as this industry continues to grow at an extremely fast pace, the economic impact
of these healthcare facilities continues to escalate. During 2020, the Arkansas Department of
Finance and Administration (DFA) reported medical marijuana sales totaled $175 million across
the entire State. By July of 2021, an additional $164 million in sales took place. Assuming
Statewide growth during 2021 of $23.4 million per month (January -July), the industry is on track
to reach $281,100,000 for the current year. This growth represents a 71% increase in statewide
sales from 2020 to 2021. Whiles sales continue to increase, so does Statewide patient count. In
November of 2020 there were 60,013 patients with Arkansas Medical Marijuana cards. By
September of 2021, patients with medical marijuana cards increased to 79,097 (an increase of
32%).
This resolution is an important step in this retention project and provides the following benefits:
• Aids in the retention of a specialized regional healthcare business in Fayetteville, which
Fayetteville residents overwhelmingly supported during the Amendment 98 vote;
• Retains existing patient access to a facility, team and medicinal offerings that have been
trusted and used by Fayetteville residents for several years;
• Aids in the retention of a high -volume sales tax generator in the City of Fayetteville that
serves a large geographic portion of the state;
• Gives the City of Fayetteville the ability to work with the developer to generate a plan
that enhances interstate visibility to the site while retaining a portion of the trees.
Beyond this retention project, authorizing Mayor Jordan to amend the existing maintenance
agreements with ARDOT enables the City to have oversight and influence on any potential
impacts to trees when the 15th Street overpass construction is completed.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A: Parcel Map
Exhibit B: Existing ARDOT ROW Maintenance Permit
EXHIBIT A:
b:
1\
4
CHAMBER
FAYETTEVILLE
September 30, 2021
Mayor Lioneld Jordan
Fayetteville City Council
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Jordan and Council Aldermen,
I write to express my full support for approval of the resolution authorizing an amendment to the Right
of Way (ROW) Maintenance permit open with the Arkansas Department of Transportation. This
amendment is key to the retention and expansion of an existing Fayetteville based business. The business
in question provides support for Fayetteville residents medical needs and generates a significant amount
of sales tax for the city.
The Department of Economic Vitality and the Fayetteville Chamber of Commerce are diligently working
on this expansion. Our combined efforts on this project are based on the strong positive economic impact
this business has on local jobs, sales tax, and our residents specialized healthcare needs.
As people continue to move to the area, we must ensure that our city remains competitive in terms of a
diverse mix of businesses, services, and entertainment venues. This ROW is vital to building a city that
can compete with other cities for both new residents and new businesses. Supporting our current
business expansion plans are vital to the growth of our city.
The Chamber has received several requests to have this area cleared in a way that increases visibility from
the interstate. The City's planned development of the 15th Street flyover connecting the east and west
sides of Fayetteville will be well served by this ROW.
if there are any questions about the impact this will have on the area, please feel free to reach out.
Thank you r our consideration,
Steve Clar
Presiders ief Exectutive Officer
Fayet eville Chamber of Commerce
21 W. Mountain St., Ste. 300 72701
ARKANSAS DEPARTMENT OF TRANSPORTATION
ARDOT gov I IDriveArkansas.com Scott E. Bennett, PE., Director
A
ARKANSAS DEPARTMENT
OF TRANSPORTATION \,
The Honorable Lioneld Jordan
Mayor, City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Mayor Jordan:
DISTRICT FOUR: 808 Frontier Road I Barling, AR 72923 P.O. Box 11170 I Fort Smith, AR 72917-1170
Phone: 479.484.5306 I Fax: 479.484.5300
D4 COUNTIES: Crawford, Franklin, Logan, Polk, Scott, Sebastian, Washington
November 14, 2017
RE: Special Permit Number SP -04-2017-0060
Tree Trimming and Removal
Expiration Date: November 14, 2018
Interstate 49, Section 28
Washington County
Fayetteville
The request submitted by Terry Gulley for the selective trimming and removal of trees within the 1-49 right of way,
at the Martin Luther King Jr. Boulevard & Wedington Drive interchanges within the City of Fayetteville, was
reviewed.
Work may be undertaken within Department right of way, subject to the following conditions:
• Trimming, in accordance with normal horticultural standards, may be utilized to improve visibility and
aesthetics. No healthy trees having trunks larger than 10" in diameter, measured 12" above the ground, shall
be removed without the specific approval of the Department.
• Stumps shall be cut or ground flush with, or below, the surrounding landscape.
• No herbicides shall be utilized without the prior written authorization of the Department.
• You shall promptly remove all debris generated from your operations.
® You shall not access the work area directly from the main lanes of the Interstate.
• You shall complete all work within and affecting the right of way, at no cost to the Department and in
accordance with the request submitted unless changes are reviewed and accepted by the Department.
• You shall ensure that all work and materials used within the highway right of way are in accordance with the
Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction,
most recent edition, and any specifications or design standards supplied by the Department.
® You shall not use any part of the highway right of way for storage of materials or equipment.
You shall assume full responsibility for and cost of all temporary or permanent warning and regulatory
signing and temporary or permanent pavement markings made necessary by the permitted work and for the
maintenance of existing and installed signing and pavement markings, for the duration of the permitted work,
in accordance with the Arkansas State Highway and Transportation Department Standard Specifications for
Highway Construction, most recent edition, and the current edition of the Manual on Uniform Traffic Control
Devices.
Special Permit No. S P-042017-0060
November 14, 2017
Page 2
You shall agree to hold harmless and indemnify the Arkansas State Highway Commission, the Department,
and its duly appointed agents, officers and employees, from all expenses, claims, liability, or damages of any
kind or nature whatsoever due to the construction, performance or lack of performance of the work you
undertake within the right of way.
• You shall bear full responsibility for observing and complying with all federal, state and local laws or
ordinances during the execution of this work.
• You shall assume full responsibility for safeguarding all utilities in the work area during the time of your
construction. You shall notify Arkansas One -Call, at 1-800-482-8998, and have utility facilities located prior to
beginning work. Any utility adjustments made necessary by your work shall be in accordance with the Utility
Accommodation Policy of the Arkansas State Highway and Transportation Department and under utility
permit issued to the utility owner and separate from this special permit and at no cost to the Department.
• You shall protect existing right of way monuments from damage and shall provide for the re-establishment,
by a Registered Professional Land Surveyor, of any markers that are disturbed by your activities.
• You shall undertake measures to avoid tracking soil and mud from the work area onto the highway and to re -
vegetate, in accordance with the Standard Specifications for Highway Construction, most recent edition, all
areas of disturbed soil, of any size, on the right of way. In accordance with Phase II of the National Pollutant
Discharge Elimination System, Storm Water Construction Permits are required on all projects 'that have a
"disturbed soil area" of one acre or more. This may require that you obtain a Storm Water Construction
Permit from the Arkansas Department of Environmental Quality (ADEQ).
You shall assume full responsibility for and liability for all items constructed under this permit and will, if
required by the Department, remove the facilities constructed and return the site to the same condition as
before this permit was issued, without cost to the Department.
You shall notify this office of your intention to begin work at least three (3) working days prior to the
anticipated start date.
This permission may be revoked at any time if the above conditions are not adhered to.
Your beginning of the work constitutes full acceptance by you of all conditions mentioned or referred to herein.
Sincerely,
i q
l
Ch d ams
District 4 Engineer
c: Assistant Chief Engineer— Operations