HomeMy WebLinkAboutOrdinance 6704 III II IIIIII III IIIII IIIII III IIIII III DIII IIIII 10011 II"II II II
Doc ID: 021361050007 Type: REL
Kind: ORDINANCE
Recorded: 11/27/2023 at 10:57:38 AM
Fee Amt: $45,00 Pape 1 of 7
Washington County. AR
of "0. '`
XANSPS._-, Kyle Sylvester Circuit Clerk
� F1le2023-00030601
.
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6704
File Number: 2023-1209
VACATION-2023-0005:(612 W.CENTER ST/TRINITAS VENTURES,483):
AN ORDINANCE TO APPROVE VAC 23-05 FOR PROPERTY LOCATED AT 612 WEST CENTER STREET IN
WARD 2 TO VACATE A 0.15 ACRE PORTION OF ALLEY RIGHT-OF-WAY
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 alley right-of-way 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 alley right-of-way
as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. All impacted water and sewer lines or facilities shall be relocated and detailed engineering plans must be
reviewed and approved by the City of Fayetteville prior to construction.
2. Right-of-way vacation is subject to approval and issuance of a grading permit in association with a multi-
family development that occupies both Parcels 765-12934-000 and 765-01886-000.
3. Any damage to or relocation of existing facilities will be at the property owner/developer's expense.
4. All SWEPCO,AT&T, and Black Hills Energy facilities located within said right-of-way must be relocated as
required by those entities.
5. The applicant/developer shall design the project to include the garden and trail space in the northwest portion
of the property as shown in Exhibit C.An easement shall be dedicated to allow public access to this area every
day of the year from daylight to 11:00 p.m.
Page 1
PASSED and APPROVED on November 7, 2023
t&111111tiry.,�'
Attest: ����,•� rRFgs�
��� FAY�TT1=ViLL: ;
Kara Paxton, City CI rk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid:
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2023
CITY COUNCIL MEMO
2023-1209
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE:
SUBJECT: VAC-2023-0005: Vacation (612 W. CENTER ST/TRINITAS VENTURES, 483): Submitted
by CLARK LAW FIRM for property located at 612 W. CENTER ST in WARD 2. The
property is zoned MSC, MAIN STREET CENTER and contains approximately 1.70
acres. The request is to vacate a 0.15-acre portion of alley right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2023-0005 as shown in the attached Exhibits `A'
and `B' and with the following conditions of approval:
1. Relocation of impacted water and sewer lines will be required. Detailed engineering plans must be
reviewed and approved by the City of Fayetteville prior to construction;
2. Right-of-way vacation is subject to approval and issuance of a grading permit in association with a multi-
family development that occupies both 765-12934-000 and 765-01886-000;
3. Any damage or relocation of existing facilities will be at the property owner/developer's expense;
4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way
must be relocated as required by those entities.
5. Alley right-of-way (20 feet in width) shall be dedicated along the northern and western property lines.
BACKGROUND:
The overall subject property is in downtown Fayetteville and contains two separate parcels that straddle W.
Gregg Alley (765-12934-000 and 765-01886-000). The site is developed with commercial structures that were
developed from the early 1920s through the mid-1960s. In total, the property encompasses approximately 1.70
acres, and is zoned MSC, Main Street Center. The Downtown Design Overlay District also governs this site.
Rather than being classified as an Urban/Downtown Street in the Master Street Plan, the alley received its
designation in 2004 (Ordinance 4629).
Request: The applicant proposes to vacate 0.15 acres of right-of-way that currently makes up S. Gregg Alley
which connects W. Center Street to the south to W. Meadow Street to the north. The alley is currently paved
with asphalt.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested right-of-way vacation. From a land -use planning
perspective, Planning staff finds that maintaining the right-of-way serves the public interest as far as
maintaining a compact, complete, and connected downtown (Goal #3). On the other hand, the intended use of
the property, should the alley be vacated, is for a multi -family housing development in an area highly
appropriate for infill (with an infill rating of 13). The associated development proposal would positively
contribute to two other stated goals of City Plan 2040, which are to make appropriate infill the highest priority
(Goal #1), as well as creating opportunities for housing (Goal #6). The vacation is unlikely to negatively affect
pedestrian and bicycle transportation and connectivity, as the site is adjacent to the Razorback Greenway. On
the balance of considerations, Planning staff supports the request.
At the October 9, 2023 Planning Commission meeting, this item was forwarded to City Council with a
recommendation of approval by a vote of 7-2-0, with Commissioners Garlock and Payne voting in opposition.
An original motion, made by Commissioner Payne to forward the item with a recommendation of approval, was
seconded by Commissioner McGetrick. Commissioner Brink then made a motion to modify, to add a condition
that would require the dedication of 20 feet of alley right-of-way along the northern and western property lines;
Commissioner Sparkman seconded this motion and a vote of 6-3-0 successfully added the condition.
Commissioners' discussion points centered around supporting connectivity in the downtown area, questions
about how the infill matrix score is calculated for a site, and how access to the proposed development is being
maintained. Three members of the public spoke on the item. One member of the public suggested a re-route of
the existing right-of-way along the northern and western property lines; another member of the public was in
support of the development of student housing to help ease the burden on housing in other parts of town; and
a third offered support of student housing to meet the needs of a changing Fayetteville. The item had
previously been tabled twice at Planning Commission meetings while the applicant worked to provide the
required documentation, primarily approval from the Water and Sewer Division regarding the capacity for
necessary utility relocation.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Planning Commission Staff Report
(#7)
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 #: 2023-1209
VAC-2023-0005: Vacation (612 W. CENTER ST/TRINITAS VENTURES, 483): Submitted by
CLARK LAW FIRM for property located at 612 W. CENTER ST in WARD 2. The property is
zoned MSC, MAIN STREET CENTER and contains approximately 1.70 acres. The request is to
vacate a 0.15-acre portion of alley right-of-way.
AN ORDINANCE TO APPROVE VAC 23-05 FOR PROPERTY LOCATED AT 612 WEST CENTER
STREET IN WARD 2 TO VACATE A 0.15 ACRE PORTION OF ALLEY RIGHT-OF-WAY
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 alley right-of-way
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
alley right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. All impacted water and sewer lines or facilities shall be relocated and detailed engineering plans
must be reviewed and approved by the City of Fayetteville prior to construction.
2. Right-of-way vacation is subject to approval and issuance of a grading permit in association with
a multi -family development that occupies both Parcels 765-12934-000 and 765-01886-000.
3. Any damage to or relocation of existing facilities will be at the property owner/developer's
expense.
4. All SWEPCO, AT&T, and Black Hills Energy facilities located within said right-of-way must be
relocated as required by those entities.
5. The applicant/developer shall design the project to include the garden and trail space in the
northwest portion of the property as shown in Exhibit C. An easement shall be dedicated to allow
public access to this area every day of the year from daylight to 11:00 p.m.
Pagel
Ordinance:
File Number:
2023-1209
Page 2
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-1209
Item ID
11/9/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/20/2023 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
VAC-2023-0005: Vacation (612 W. CENTER ST/TRINITAS VENTURES, 483): Submitted by CLARK LAW FIRM for
property located at 612 W. CENTER ST. in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains
approximately 1.70 acres. The request is to vacate a 0.15-acre portion of alley right-of-way.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
VAC-2023-0005 612 W. CENTER ST VAC-2023-0005
Close Up View EXHIBIT'A'
I If
SPRING ST-SPRING,ST
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♦ W
POWERHOUSE ♦ J
pVE MSC a
♦
RMF-40
I
Subject Property
T
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W
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N
` Oak Ridge Trail 1
CENTER,ST
W
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Razorback Greenway
� Connector
t� MOUNTAIN,ST
1
1
NC P-1 1
DG 1
1
1
1
1
NORTH
Neighborhood Link
Urban Center
Unclassified RMF-40
Alley Main Street Center
Planning Area Feet Downtown General
Fayetteville City Limits Neighborhood Conservation
Shared -Use Paved Trail 0 75 150 300 450 600 I P-1
---
i_ _ _ Design Overlay District 1 :2,400
BLEWVAC-2023-0005
EXHIBIT 'B'
Surveying I Engineering
Environmental
DESCRIPTION FOR ALLEY VACATION
BEING A VARIABLE WIDTH EASEMENT FOR THE VACATION OF A PORTION OF GREGG
AVENUE (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AND LOCATED WITHIN A PART
OF THE WEST HALF (W 1/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE ORIGINAL
TOWN MAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 21, THENCE ALONG THE
NORTH LINE THEREOF THE FOLLOWING THREE (3) CALLS:
1. N87°22'39"W A DISTANCE OF 221.96 FEET TO A FOUND CHISELED "X" IN A
RAILROAD RAIL,
2. N87°22'39"W A DISTANCE OF 38.09 FEET TO A SET 5/8" REBAR WITH CAP MARKED
"GAGNER AR 1659",
3. N87°22'39"W A DISTANCE OF 67.02 FEET TO A SET MAG-NAIL, BEING LOCATED ON
THE EASTERLY RIGHT-OF-WAY LINE OF SAID GREGG AVENUE AND BEING THE POINT
OF BEGINNING;
THENCE ALONG THE EASTERLY LINE THEREOF S02°49'55"W A DISTANCE OF 10.22
FEET TO A TO A SET 5/8" REBAR WITH CAP MARKED "GAGNER AR 1659";
THENCE S48°44'51"W A DISTANCE OF 16.72 FEET TO A FOUND 5/8" REBAR WITH CAP
MARKED "1118";
THENCE S02°42'45"W A DISTANCE OF 239.14 FEET TO A SET 5/8" REBAR WITH CAP
MARKED "GAGNER AR 1659";
THENCE S84°27'36"W A DISTANCE OF 1.56 FEET TO A SET 5/8" REBAR WITH CAP
MARKED "GAGNER AR 1659";
THENCE S02°06'07"E A DISTANCE OF 5.44 FEET TO A FOUND 5/8" REBAR WITH CAP
MARKED "1118";
THENCE S02°06'07"E A DISTANCE OF 28.50 FEET TO A FOUND 5/8" REBAR WITH CAP
MARKED "1118" LOCATED AT THE INTERSECTION OF SAID EASTERLY LINE AND THE
NORTHERLY LINE OF WEST CENTER STREET (A VARIABLE WIDTH PUBLIC RIGHT-OF-
WAY);
THENCE ALONG THE NORTHERLY LINE THEREOF N79°55'08"W A DISTANCE OF 23.13
FEET TO A FOUND CHISELED "X" IN CONCRETE LOCATED AT THE INTERSECTION OF
SAID NORTHERLY LINE WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID GREGG
AVENUE;
479-443-4506 O blewinc.com O Faye N Shiloh
Fayetteville, ARR
72703
BLEW
Surveying I Engineering
Environmental
VAC-2023-0005
EXHIBIT 'B'
THENCE ALONG THE WESTERLY LINE THEREOF NO2°43'19"E A DISTANCE OF 291.99
FEET TO A SET MAG-NAIL;
THENCE DEPARTING SAID WESTERLY LINE S87°22'39"E A DISTANCE OF 33.64 FEET TO
A THE POINT OF BEGINNING, CONTAINING 6,528 SQUARE FEET OR 0.150 ACRES,
MORE OR LESS.
DESCRIPTION FOR UTILITY EASEMENT
BEING A VARIABLE WIDTH UTILITY EASEMENT TO BE ABANDONED, LOCATED WITHIN
A PART OF THE WEST HALF (W 1/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE
ORIGINAL TOWN MAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 21, THENCE ALONG THE
NORTH LINE THEREOF N87°22'39"W A DISTANCE OF 221.96 FEET TO A FOUND
CHISELED "X" IN A RAILROAD RAIL;
THENCE DEPARTING SAID NORTH LINE ON A CURVE TURNING TO THE LEFT WITH AN
ARC LENGTH OF 313.07 FEET, WITH A RADIUS OF 714.49 FEET, WITH A CHORD
BEARING OF S06°09'48"W, WITH A CHORD LENGTH OF 310.57 FEET TO A FOUND 5/8"
REBAR LOCATED ON THE NORTHERLY LINE OF WEST CENTER STREET (A VARIABLE
WIDTH PUBLIC RIGHT-OF-WAY);
THENCE ALONG THE NORTHERLY LINE THEREOF N78°36'20"W A DISTANCE OF 49.62
FEET TO A FOUND CHISELED "X" IN CONCRETE AND BEING THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE N78°36'20"W A DISTANCE OF
48.68 FEET TO A FOUND 5/8" REBAR WITH CAP MARKED "1118" LOCATED AT THE
INTERSECTION OF SAID NORTHERLY LINE WITH THE THE EASTERLY LINE OF GREGG
AVENUE (A PUBLIC VARIABLE WIDTH RIGHT-OF-WAY);
THENCE ALONG THE EASTERLY LINE THEREOF NO2°06'07"W A DISTANCE OF 25.71
FEET,
THENCE DEPARTING SAID EASTERLY LINE S78°36'20"E A DISTANCE OF 73.66 FEET;
THENCE S00°52'44"E A DISTANCE OF 10.37 FEET TO A SET CHISELED "X" IN
CONCRETE;
479-443-4506 O blewinc.com O Faye N Shiloh
Fayetteville, ARR
72703
BLEW
Surveying I Engineering
Environmental
THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 10.78
FEET, WITH A RADIUS OF 9.29 FEET, WITH A CHORD BEARING OF S32°09'37"W, WITH
A CHORD LENGTH OF 10.18 FEET TO A FOUND CHISELED "X" IN CONCRETE;
THENCE S84°28'36"W A DISTANCE OF 18.37 FEET TO THE POINT OF BEGINNING,
CONTAINING 1,738 SQUARE FEET OR 0.040 ACRES, MORE OR LESS.
479-443-4506 O blewinc.com O Faye N Shiloh
Fayetteville, ARR
72703
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EXHIBIT
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I certify this instrument was filed on
11/2712023 10:57:38 AM
and recorded in Real Estate
File Number
02C;�0030601
{Clerk
Kyle Sylvester-
......... ..
CITY OF
FAYETTEVILLE
V0.111F ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: October 9, 2023 Updated with results from October 9, 2023 PC Meeting
SUBJECT: VAC-2023-0005: Vacation (612 W. CENTER STfTRINITAS VENTURES,
483): Submitted by CLARK LAW FIRM for property located at 612 W.
CENTER ST. The property is zoned MSC, MAIN STREET CENTER and
contains approximately 1.70 acres. The request is to vacate a 0.15-acre
portion of alley right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2023-0005 to the City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
"1 move to forward VAC-2023-0005 to the City Council with a recommendation of approval, with
conditions as outlined by staff."
SEPTEMBER 11, 2023 AND SEPTEMBER 25, 2023 PLANNING COMMISSION MEETINGS:
Commissioners voted to table the item at both meetinas until all reauisite documents were
received, specifically from the Water and Sewer division regarding the potential relocation of a
significant amount of sewer infrastructure in the existing right-of-way. In the interim, the Water
and Sewer Division received an initial memo regarding the sewer relocation study, and deemed
that a relocation was feasible. The Water and Sewer Division also provided the necessary sign -
off with added conditions of approval. Further, the applicant provided an additional traffic analysis
reflecting the potential impacts of closure, as well as additional comments regarding emergency
service Drovision and life safety imDlications: those memos are attached to this reoort for the
Planning Commission's consideration.
BACKGROUND:
The overall subject property is in downtown Fayetteville and contains two separate parcels that
straddle W. Gregg Alley (765-12934-000 and 765-01886-000). The site is developed with
commercial structures that were developed from the early 1920s through the mid-1960s. In total,
the property encompasses approximately 1.70 acres, and is zoned MSC, Main Street Center. The
Downtown Design Overlay District also governs this site. Rather than being classified as an
Urban/Downtown Street in the Master Street Plan, the alley received its designation in 2004
(Ordinance 4629). Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
MSC, Main Street Center
South
Multi -Family Residential
MSC, Main Street Center
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Paqe 1 of 45
East
Frisco Trail/Mixed-Density Residential
MSC, Main Street Center
West
Arkansas Missouri Railroad/University of Arkansas
MSC, Main Street Center
Proposal: The applicant proposes to vacate 0.15 acres of right-of-way that currently makes up S.
Gregg Alley which connects W. Center Street to the south to W. Meadow Street to the north. The
alley is currently paved with asphalt.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested right-of-way vacation, since all final
documents have been received by City staff. From a land -use planning perspective, Planning staff
finds that maintaining the right-of-way serves the public interest as far as maintaining a compact,
complete, and connected downtown (Goal #3). On the other hand, the intended use of the
property should the alley be vacated is for a multi -family housing development in an area with an
infill score of 13. The associated development proposal would positively contribute to two other
stated goals of City Plan 2040, which are to make appropriate infill the highest priority (Goal #1),
as well as creating opportunities for additional housing, which supports and contributes (Goal #6).
The vacation will also unlikely negatively affect pedestrian and bicycle transportation and
connectivity, as the site is adjacent to the Razorback Greenway. On the balance of
considerations, Planning staff supports the request. The applicant has supplied additional
information for the Commission's consideration, including a traffic study memo which shows a
minimal vehicle rate on the existing right-of-way, and also has supplied some emergency service
provision information with the proposed development.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses.
Utility Response
Cox Communications No objections, provided any damage or relocation of existing
facilities will be at the property owner/developer's expense.
AEP/SWEPCO No objections, provided all SWEPCO utilities affected by the
ROW vacation are relocated as required by SWEPCO.
Black Hills Energy AR No objections, provided all Black Hills Energy facilities located
within said vacation are relocated by Black Hills Energy at
owner/developer's expense.
AT&T No objections, provided all AT&T utilities affected by the ROW
vacation are relocated as required by AT&T.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections, provided relocation of impacted water and sewer
lines will be required. Detailed engineering plans must be
reviewed and approved by the City of Fayetteville prior to
construction.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Paqe 2 of 45
Public Comment: Staff received verbal opposition to the request from a nearby property owner
who would like to see connectivity through the alleyway maintained. Staff has also received
written comment potentially in support of the request, though the individual indicated that they
would like to see the overall site plan.
RECOMMENDATION: Staff recommends forwarding VAC-2023-0005 to City Council with a
recommendation of approval, with the following conditions:
Conditions of Approval:
1. Relocation of impacted water and sewer lines will be required. Detailed engineering plans
must be reviewed and approved by the City of Fayetteville prior to construction;
2. Right-of-way vacation is subject to approval and issuance of a grading permit in
association with a multi -family development that occupies both 765-12934-000 and 765-
01886-000;
3. Any damage or relocation of existing facilities will be at the property owner/developer's
expense;
4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said
right-of-way must be relocated as required by those entities.
5. Alley right-of-way (20 feet in width) shall be dedicated along the northern and western
property lines
PLANNING COMMISSION ACTION: Required YES
Date: October 9, 2023 O Tabled O Forwarded
Motion #1: McGetrick
Motion:
2nd: Winston
To allow applicant to
Second:
add 10 minutes to
presentation time.
Vote:
Vote: 5-4-0 (Failed, 2/3
majority required;
Sparkman, Brink,
Garlock, Gulley
opposed)
BUDGET/STArr nvir-m%, i
None
Attachments:
• Ordinance 4629
• Applicant Request Letter
• Applicant Petition to Vacate
Motion #2: Payne
2nd: McGetrick
Forward, with a
recommendation of
approval with all conditions
as rec. by staff, plus added
condition as recommended
— with motion #3.
Vote: 7-2-0 (Garlock,
Payne Oppposed)
• Survey — Right-of-way to be vacated
• Supplemental Applicant Information
o Alley Vacation Memo — Life Safety
o Traffic Memo
• Public Comment
• One Mile Map
O Denied
Motion #3: Brink
2nd: Sparkman
To add a condition that 20
feet of alley right-of-way be
dedicated along the northern
and western property lines.
- Vote: 6-3-0 (Garlock, Payne, -
- Holcomb opposed) —
Additional public comment (received after October 9 PC hearing)
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Paqe 3 of 45
Close-up Map
Current Land Use Map
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Paqe 4 of 45
•
ORDINANCE NO.4 6 2 9
AN ORDINANCE APPROVING VAC 04-1178 TO VACATE
A PORTION OF THE RIGHT OF WAY FOR GREGG STREET
LOCATED BETWEEN CENTER STREET AND MEADOW
STREET AND RECLASSIFYING THIS SUBJECT RIGHT OF
WAY AS AN ALLEY AS DEPICTED ON THE ATTACHED
MAP AND LEGAL DESCRIPTION
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 platted right of
way is no longer required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons the
following described right of way, retaining the use as a public alley:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
PASSED and APPROVED this 19`h day of October, 2004.
ATTEST:
By:
SO DRA SMITH, City Clerk
APPROVED:
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Doc I0: 007827850003 Tvoe: REL
Recorded: 11/02/2004 at 08:53:31 AM
Fee Amt: $11.00 Paae i of 3
washinaton Countv. AR
Bette Stamps Circuit Clerk
File2004-00045127
Planning Com s
October 9, 2023
VAC -2023-0005 (TRINITAS VENTURES)
Page 5 of 45
EXHIBIT "A"
VAC 04-1178
A PART OF THE WEST HALF (WI/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE
ORIGINAL TOWN PLAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,
AND A PORTION OF GREGG AVENUE, ALTOGETHER BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
BLOCK TWENTY-ONE (21), SAID POINT BEING AN EXISTING IRON; THENCE
N87021'50"W 221.96 FEET ALONG THE NORTH LINE OF SAID BLOCK TWENTY-ONE
(21) TO AN EXISTING RAILROAD RAIL WITH A CHISELED "X" ON THE EAST
BOUNDARY OF A ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY, SAID
POINT BEING ON A 714.49 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE
SOUTHERLY ALONG SAID CURVE 312.95 FEET, THE CHORD FOR WHICH BEING
S06010'55"W 310.45 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET;
THENCE N78038'34"W 87.38 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF
CENTER STREET TO AN EXISTING CHISELED "X" IN CONCRETE FOR THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY
LINE OF CENTER STREET, N78°38'34"W 10.86 FEET TO A SET'/z" IRON REBAR ON THE
WEST BOUNDARY OF SAID ONE HUNDRED (100) FOOT WIDE RAILROAD
RIGHT-OF-WAY; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF CENTER
STREET AND RUNNING ALONG SAID WEST RAILROAD RIGHT-OF-WAY LINE,
N02002'45"W 28.49 FEET TO A SET %2" IRON REBAR; THENCE LEAVING THE WEST
RAILROAD RIGHT-OF-WAY LINE, NO2°02'45"W 5.44 FEET ALONG PROPOSED EAST
RIGHT-OF-WAY LINE OF GREGG AVENUE; THENCE CONTINUING ALONG THE
PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE, N86053'3I"E 1.56 FEET;
THENCE N02042'36"E 239.14 FEET; THENCE N48°37'39"E 16.73 FEET TO A SET %z" IRON
REBAR; THENCE LEAVING THE PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG
AVENUE AND RUNNING ALONG THE OLD EAST RIGHT-OF-WAY LINE OF GREGG
AVENUE, S02042'48"W 286.38 FEET TO POINT OF BEGINNING, CONTAINING 3363
SQUARE FEET, MORE OR LESS.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 6 d 45
Board of Tnsneas of PauriN
IRAblm Praper5I Properties. W- vere a1 se, Ur-
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Fayedeville, AR 72701
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ay le, AR 72702 1031 tJ. GaUepa D 188 �.',
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SCALE: 1' = 40' DATE REVISED: CHECKED BY: DRAWN BY:
lank . DATE 7130/04 isc BWS
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onsuiting
CML / ENVIRONMENTAL ENGINEERING Rivendell 1
3715 Business D ve, Suite 202 Fayeftevdie, AR 72703 (479)44"171 Right- of- Way Vacation
l_J
I
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Planning Commission
\✓\/ I " lVVJ
October 9, 2023
VAC-2023-0005
(TRINITAS VENTURES)
Page 7 Vf 45
C
0
Washington County, AR
l cetii!V-this instrument was filed on
11 0212004 08:53:31 AM
d recorded in Real Estate
File Number 2004-00045127
_ .._.n4ftM 1C - circuit Clerk
by
Planning Commission
October 9, 2023
VAC -2023-0005 (TRINITAS VENTURES)
Page 8 of 45
• 6
NAME OF FILE: Ordinance No. 4629
w/Ex. A & B
CROSS REFERENCE:
Item # Date Document
1
09/28/04
memo to mayor & City Council
2
draft ordinance
3
memo to Planning Commission
4
copy of map
5
copy of map
6
copy of Close Up View
7
copy of One Mile View
8
Staff Review Form
9
memo to Dawn Warrick
10
Affidavit of Publication
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
1 1/2/041 ifiled at Wash. Co. Circuit Clerk office
Planning Commission
October 9, 2023
VAC-2023-0005(TRINITAS VENTURES)
Page 9 of 45
!�
City Council Meeti9of October 19, 2004 mm
Agenda Item Number WCO
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: September 28, 2004
Subject: Easement Vacation for Gregg Avenue/Rivendell (VAC 04-1178)
RECOMMENDATION
vtoil -(/-/g/
Myed0d
Planning Staff recommends approval of an ordinance vacating a portion of Gregg Avenue
right-of-way, as described and depicted herein.
BACKGROUND
The applicant currently has an associated Planned Zoning District request in process,
unanimously recommended by the Planning Commission for approval to the City Council
for the construction of a mixed -use development in the downtown area. The project plan
has been developed around and is contingent upon the vacation of a particular portion of
street right-of-way along Gregg Avenue between Meadow Street and Center Street.
Gregg Avenue is a Local Street on the Master Street Plan, requiring a right-of-way
dedication of 25 feet from centerline (50 feet total). Currently a total of 34 feet of right-
of-way exists in this location, with the existing structures located near or at the right-of-
way line. Along with the vacation request, and as part of the Planned Zoning District
proposal, the applicant is also requesting the Master Street Plan be amended for this
portion of Gregg Avenue, down -grading its classification from a Local Street to an alley.
The developer's proposal is to overlay the existing street and have the parking directly off
of the new surface underneath the proposed buildings, a situation that is not allowed with
Gregg Street's current classification and right-of-way requirements.
Request: The applicant requests to vacate approximately 12 feet of the eastern portion of
the existing Gregg Street right-of-way along the subject property's frontage, and to
dedicate the remaining area as a public alley as described and depicted in the attached
documents.
DISCUSSION
Notification was provided to all utility representatives and adjoining property owners. No
objections were submitted.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
PaQP'I�d_5
City Council Meetilpof October 19, 2004
Agenda Item Number
The Planning Commission voted 5-0-0 to forward this item to the City Council with a
recommendation for approval of the vacation request at the regular meeting of September
27, 2004.
BUDGET IMPACT
None.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 11 of 45
C�T:i�71►/:1�C�7�►Cf]
AN ORDINANCE APPROVING VAC 04-1178 TO VACATE A PORTION OF
THE RIGHT OF WAY FOR GREGG STREET LOCATED BETWEEN CENTER
STREET AND MEADOW STREET AND RECLASSIFYING THIS SUBJECT
RIGHT OF WAY AS AN ALLEY AS DEPICTED ON THE ATTACHED MAP
AND LEGAL DESCRIPTION.
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 platted right of
way is no longer required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons the
following described right of way, retaining the use as a public alley:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this day of , 2004.
APPROVED:
LIM
ATTEST:
Sondra Smith, City Clerk
Dan Coody, Mayor
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 12 of 45
• i
EXHIBIT "A"
VAC 04-1178
A PART OF THE WEST HALF (W1/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE
ORIGINAL TOWN PLAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,
AND A PORTION OF GREGG AVENUE, ALTOGETHER BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
BLOCK TWENTY-ONE (21), SAID POINT BEING AN EXISTING IRON; THENCE
N87°21'50"W 221.96 FEET ALONG THE NORTH LINE OF SAID BLOCK TWENTY-ONE
(21) TO AN EXISTING RAILROAD RAIL WITH A CHISELED "X" ON THE EAST
BOUNDARY OF A ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY, SAID
POINT BEING ON A 714.49 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE
SOUTHERLY ALONG SAID CURVE 312.95 FEET, THE CHORD FOR WHICH BEING
S06010'55"W 310.45 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET;
THENCE N78038'34"W 87.38 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF
CENTER STREET TO AN EXISTING CHISELED "X" IN CONCRETE FOR THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY
LINE OF CENTER STREET, N78°38'34"W 10.86 FEET TO A SET''/Z" IRON REBAR ON THE
WEST BOUNDARY OF SAID ONE HUNDRED (100) FOOT WIDE RAILROAD
RIGHT-OF-WAY; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF CENTER
STREET AND RUNNING ALONG SAID WEST RAILROAD RIGHT-OF-WAY LINE,
N02002'45"W 28.49 FEET TO A SET %2" IRON REBAR; THENCE LEAVING THE WEST
RAILROAD RIGHT-OF-WAY LINE, N02002'45"W 5.44 FEET ALONG PROPOSED EAST
RIGHT-OF-WAY LINE OF GREGG AVENUE; THENCE CONTINUING ALONG THE
PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE, N86053'31 "E 1.56 FEET;
THENCE N02042'36"E 239.14 FEET; THENCE N48037'39"E 16.73 FEET TO A SET '`/z" IRON
REBAR; THENCE LEAVING THE PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG
AVENUE AND RUNNING ALONG THE OLD EAST RIGHT-OF-WAY LINE OF GREGG
AVENUE, S0204248"W 286.38 FEET TO POINT OF BEGINNING, CONTAINING 3363
SQUARE FEET, MORE OR LESS.
Planning Commission
Oct be, 9,2023
VAC-2023-0005 (TRINITAS VENTURES)
0
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of September 27, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479 575-8264
TO: Fayetteville Planning Commission Members
FROM: Jeremy Pate, Senior Planner
Matt Casey P.E. Staff Engineer
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: September 16, 2004
VAC 04-1178: Vacation (RIVENDELL, 483): Submitted by STEVE CLARK for property
located at THE FORMER 100 FT. RAILROAD R/W ON THE WEST SIDE OF BLOCK 21
ORIGINAL TOWN PLAT. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT
INDUST and contains approximately 0.67 acres. The request is to vacate a portion of the Right -
of -Way on Gregg Street.
Property Owner: DENELE CAMPBELL Planner: JEREMY PATE
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation.
Background: The applicant currently has a PZD under review in the Planning Commission
process for the construction of a commercial and multi -family development. The project plan
has been developed around and is contingent upon the vacation of this portion of street right-of-
way along Gregg Avenue, based on conversations with city staff and utility representatives.
Gregg Avenue is a Local Street on the Master Street Plan, requiring a right-of-way dedication of
25 feet from centerline. Along with the vacation request, and as part of the Planned Zoning
District proposal, the applicant is also requesting the Master Street Plan be amended for this
portion of Gregg Avenue, down -grading its classification from a Local Street to an alley. The
developer's proposal is to overlay the existing street and have the parking directly off of the new
surface underneath the proposed buildings, a situation that is not allowed with Gregg Street's
current classification and right-of-way requirements.
Request: The applicant requests to vacate a portion of the existing Gregg Street right-of-way and
to dedicate this area as a public alley as described and depicted in the attached documents.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES
Ozarks Electric
Cox Communications
RESPONSE
No Objections
No Objections
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 14 of 45
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Recommendation: Staff recommends approval of the proposed R-O-W vacation 04-1178 with
the following conditions:
Conditions of Approval:
1. A 20' wide water and sewer easement shall be dedicated that runs north and south on the
east side of the proposed buildings running generally with the proposed trail. It will need
to connect from Meadow Street right-of-way to the Center Street right-of-way.
PLANNING COMMISSION ACTION: yes Required
✓ Approved Denied
Date: September 27, 2004
Comments:
The "CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted
in total without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required Date: October 19, 2004
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITA$ VENTURES)
Description
We are requesting that a portion of Gregg Street between Center Street and Meadow Street be
vacated and that. the remainder of the street be changed to an alley. Gregg Street has always
functioned more as an alley than as a street. There is very little traffic that uses the street on a
regular basis.
The property that was acquired by Ms. Denele Campbell from the railroad was previously a
railroad spur that had not been actively used in many years. The legal description of the railroad
property overlapped the Gregg Street Right -of -Way along the east side of the ROW. in fact Ms.
Campbell's West property line is as much as 1S feet into the Gregg Street ROW.
The development that is being proposed will require that most of the parking be located under the
proposed buildings. In order for this to function it will be necessary to back out of the garage
structure on to Gregg Street. In order for this to be legal the Street Row will need to be
converted to an alley.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
!mod
13sa311
PARKING LOT �
13
15 76 17 118 ��9 20
GO co
146.43 40' l '-
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Close UP View RIVENDELL
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Overview Legend
"'o Overlay District as® Pri,,Dwi Artenal FLOOEPWAY
__ m000
Master Street Pl— Mina Arterial --- 100 YEAR
MStreet Meter., Plan Cdlector SOD YEAR
A ~• ~',' +w' FreewaylEKpressway • • • • 4Stmc Galena LIMIT OF STUDY
BaseLne ProNe
r IRM VAC04-1178
Fayetteville
•_- -' 0 OUtS.*City
e
0 75 150 300 450 600
Feet
Planning Commission
October g, 2023
VAC-2023-0 05 (TRINITAS VENTURES)
Page 19 of 45
1 0 '
VAC04-1178 R I V E N D E L L
One Mile View
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Overview Legend
Subject Property Master Street Plan
VAC04-1178 Boundary Frey/EpreSs.ay
4R%;j* Principal Arterial
Streets I- %..,p Planning Area 4
(90004 %.0 MinArterial
E)dsWq 0 o Overlay District
000000 % - Collector
�'�Planned Outside City 00*. Historic Collector
0 0.1 0.2 0.4 0.6 01iles
Planning C..""n
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 20 of 45
STAFF REVW FORM - NON -FINANCIAL OBLATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM
Dawn T. Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
October 19, 2004
CP&E
Department
VAC 04-1178 was submitted by Steve Clark on behalf of Denele Campbell for property located north of
Center Street and south of Meadow Street. The request is to vacate a portion of the Gregg Street right of way,
rededicating this area as a public alley.
STAFF RECOMMENDATION: Approval
//,-Jj J.
Division Head
City ttorney
Department, Director
11
Finand & Internal Services Dir.
p Received in Mayor's Office /0
Date +
i6f� U
Date
/v-S C=y Cross Reference:
Date
Previous Ord/Res#:
lo-5-
Date Orig. Contract Date:
Chief ministrative Officer Date
11
Mayor Date
Orig. Contract Number:
New Item:
Yes No
/ Planning Comm
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
FAYETTEIALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@ci.fayetteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman%*
City Clerk Division
Date: October 25, 2004
Re: Ordinance No. 4629
The City Council passed the above ordinance, October 19, 2004, vacating a
portion of right of way reclassifying an area as an alley on Gregg Avenue. I have
attached a copy of the ordinance.
This ordinance will be recorded in the city clerk's office and microfilmed. If
anything else is needed please let the clerk's office know.
Attachments)
cc_ LaDawnya Cossey, Planning
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 22 of 45
♦ A A J •
KIM
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Leg_ I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement .of:
was inserted in the regular editions on
C
** Publication Charge: $
/�o V, d'_?L
Subscribed and sworn to before me this
yy day of 2004.
Notary Public
My Commission;Expi
1
• � < < c «rr�fltr lfffftflflfff;��,•,� art
it
Notary Public, State of Arkansas f
Washington County ?C
My Commission Expires 02/27/05 1
:ccccccccccccccccccccccccccccccu�c
** Please do not pay from Affidavit.
An invoice will be sent.
RIECE1\1F D
ocl 21 2004
tCITytTY CtFPKES Ur1
212 NORTH EAST AVENUE • P.O. BOX 1607 e FAYETTEVILLE, ARKANSAS 72702 • (501) 442-17QQ, mm_j_
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 23 of 45
r'
• 0
ORDINANCE NO. 4629
AN ORDINANCE APPROVING VAC 04-1178 TO VACATE A PORTION THE RIGHT OF WAY FOR GREGGTaye
�T %STREET LOCATAT ED BEfWE£N CENTER STREET AND Y 1J
MEADOW -STREET AND RECLASSIFYING THIS SUB-
JECT RIGHT OF WAY As AN AUUEY AS DEPICTED ON A R K A NSA S
THE ATTACHED MAP AND LEGAL DESCRIPTION
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
WNSREAS, the City Council has determined that the following described platted right of way is no
longer required for corporate purposes.
NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET-
TEVILLE, ARKANSAS; -
Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons the following described
right of way, retaining the use as a public alley:
r See Exhibit 'A" attached hereto and made a part hereof.
fSection 2: That a copy of tris Ordinance duly certified by the City Clark along with the map attached
hereto and labeled Exhibit 'B' shall be filed in the office of the Recorder of the County and recorded in
the Deed Records of the County.
PASSED and APPROVED this 190 day Of October, 2004.
APPROVED:
By:
DAN GOODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Cler#
EXHIBIT'A'
VAC104-1178
A PART OF THE WEST HALF (W 1/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE ORIGINAL TOWN
PLAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND -A PORTION OF GREGG
AVENUE, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEAST CORNER OF SAID BLOCK TWENTY-ONE (21), SAID POINT BEING AN EXIST-
ING IRON; THENCE N87 21'50'W 221.96 FEET ALONG THE NORTH LINE OF SAID BLOCK TWENTY-
ONE (21) TO AN EXISTING RAILROAD. RAIL WITH A CHISELED 'X' ON THE EAST BOUNDARY OF A
ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A 714.49 FOOT
RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE 312.95 FEET,
THE CHORD FOR WHICH BEING 306 10'55'W 310.45 FEET, TO THE NORTH RIGHT-OF-WAY LINE
OF CENTER STREET; THENCE N7ME'34'N/ 87,38'FEET'ALONG THE NORTH RIGHT-OF-WAY LINE
OF CENTER'STREET TORNEXISTINGCHiSEI_E(i IN CONCRETE FOR THE TRUE POINT OF
BEGNNING;THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY UNE'OF CENTER STREET,
N7a"38'34'W 10.86 FEET TO A SET 1'/2' IRON REBAR ON THEWESTBOUNDARY OF SAID ONE.
HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY; THENCE LEAVING THE NORTH RIGHT-OF-
WAY LINE OE,.CENTER STREET AND RUNNING ALONG SAID WEST RAILROAD RIGHT-OF-WAY LINE,
NO2'02'45'W:28.49 FEET TO A.SET 1/2' IRON REBAR; THENCE -LEAVING THE WEST RAILROAD
RIGHT-OF-WAY LINE, NO2'02;45'W.5.44 FEET ALONG PROPOSED EAST BIGHT -OF -WAY LINE OF
GREGG AVENUE; THENCEICONTINUING ALONG THE PROPOSED EAST 'RIGHT-OF-WAY LINE OF
GREGG•AVENUE, N86'53'37'i FEET; THENCEhNO2'42'36'E 239.14 FEET; THENCE
N48W'39'E,16J3 FEET TO A SET 1/2' IRON REBAR; THENCE LEAVING'THE PROPOSED EAST
RIGHT-OF-WAY LINE OF GREGGJAVENUE AND RUNNING ALONG THE OLD EAST RIGHT-OF-WAY
LINE OF GREGG AVENUE, S02-4248'W 288.38 FEET TO POINT OF BEGINNING, CONTAINING 3383
SQUARE FEET. MORE DR�l FAG.
RECEIVED
OCT 217 2004
C`rr x ��
VAC-2023-0005
Planning Commission
October 9, 2023
CLARK LAW FIRM
AUGUST 2, 2023
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Attn: Planning Commission and City Council
121 West South Street
PO Box 4248
Fayetteville, Arkansas 72702-4248
Tel: (479) 856-6380
Fax: (479) 856-6381
Suzanne G. Clark
sclark@clark-firm.com
Re: Right -of -Way Vacation Application— N. Gregg Avenue Alley
Clark Law Firm represents Trinitas Ventures ("Trinitas") regarding their application to
vacate the N. Gregg Avenue Alley, shown in the included Survey Exhibit, located between 546
Center Street and 600-612 Center Street, Fayetteville, AR 72701. This vacation request is a part
of Trinitas' plan to develop the two properties including and adjacent to the N. Gregg Avenue
Alley.
The N. Gregg Avenue Alley is not an arterial or collector street. The Master Street Plan
adopted by the Planning Commission and City Council does not identify N. Gregg Avenue Alley
for future use as an arterial or collector street. The N. Gregg Avenue Alley is not a neighborhood,
regional, or residential link.
Currently, the N. Gregg Avenue Alley is used as an alternative option to provide rear access
to the Metro District. Vacating the N. Gregg Avenue Alley will not result in a lack of access to
the rear of the Metro District as it will still be accessible from W. Meadow Street and from N.
West Avenue, both of which are designated as Urban Center streets on the Master Street Plan.
Vacating the N. Gregg Avenue Alley will not result in a disruption to pedestrian or bicycle traffic
because the Alley is parallel and proximate to the Razorback Greenway. All utility companies
have provided their approval of the vacation. Therefore, the public interest and welfare would not
be adversely affected by the abandonment of the Alley.
I request the Petition to Vacate the N. Gregg Avenue Alley be passed with a
recommendation for approval by the City Council. We are happy to provide any additional
information that is needed or that may be helpful upon your review of the petition. Additionally,
Trinitas understands that, because the right-of-way vacation is necessary to move forward with
their development plans for the property, the approval, of the vacation may be contingent on
commencement of the development, with reversion back to the City if, for any reason, the
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 25 of 45
City of Fayetteville
N. Gregg Avenue Alley Vacation.
2 AUGUST 2023
Page 2 of 2
development of the property does not proceed. Thank you for your consideration and please let
me know you have any questions.
Sincerely,
/s/ Suzanne G. Clark
Suzanne G. Clark
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 26 of 45
DocuSign Envelope ID: 73276991-7807-401D-8D5B-1E9B26A147D5
PETITION
PETITION TO VACATE THE N.GREGG AVE ALLEY LOCATED BETWEEN 546
CENTER STREET AND 600-612 CENTER STREET IN 16-16-30, CITY OF-
FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning
Commission and The Fayetteville City
Council
We, the undersigned, having an interest in the property herein described, and with the consent of
the owners of the real estate described and abutting the N.Gregg Ave Alley hereinafter sought to
be abandoned and vacated, lying between 546 Center Street and 600-612 Center Street in 16-16-
30, City of Fayetteville, Arkansas, a municipal corporation, petition the City of Fayetteville to
vacate the N.Greeg Ave Alley, which is described as follows:
(Legal Description of area to be vacated is attached)
That the abutting real estate affected by said abandonment of the alley are 546 Center Street and
600-612 Center Street, 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 described Alley.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the attached
described real estate, subject, however, to the existing utility easements and sewer easements as
required, and that the attached described real estate be used for their respective benefit and purpose
as now approved by law.
The petitioners further pray that the attached described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the
City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to
said utility and sewer 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 August 1 , 2023 .
Trinitas Ventures
Brad Bennett Authorized Representative
r-PhivwNyamc and Title
L�Oj I�u,_,v�,c,{ f7RFFOSR1RF41A
Signature
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 27 of 45
EXHI B I T
612 W. CENTER ST., FAYETTEVILLE, AR 72701
WASHINGTON COUNTY GIS Approved
08/08/2023
DESCRIPTION OF ALLEY VACATION
BEING A VARIABLE WIDTH EASEMENT FOR THE VACATION OF A PORTION OF GREGG AVENUE (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AND LOCATED WITHIN A PART OF
THE WEST HALF (W 1/2) BLOCK NUMBERED TWENTY-ONE(21) OF THE ORIGINAL TOWN MAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 21, THENCE ALONG THE NORTH LINE THEREOF THE FOLLOWING THREE (3) CALLS:
1. N87°2239"W A DISTANCE OF 221.96 FEET TO A FOUND CHISELED 'X" IN A RAILROAD RAIL,
2. N87°2239"W A DISTANCE OF 38.09 FEET TO A SET 518" REBAR WITH CAP MARKED "GAGNER AR 1659",
3. N87°2239"W A DISTANCE OF 67.02 FEET TO A SET MAG-NAIL, BEING LOCATED ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID GREGG AVENUE AND BEING THE POINT OF
BEGINNING;
THENCE ALONG THE EASTERLY LINE THEREOF S02°4955"W A DISTANCE OF 10.22 FEET TO A TO A SET 518" REBAR WITH CAP MARKED "GAGNER AR 16597;
THENCE S48°44'51 "W A DISTANCE OF 16.72 FEET TO A FOUND 518" REBAR WITH CAP MARKED "1118";
THENCE S02°4245"W A DISTANCE OF 239.14 FEET TO A SET 518"REBAR WITH CAP MARKED "GAGNER AR 1659"•
THENCE S84°2736"W A DISTANCE OF 1.56 FEET TO A SET 518"REBAR WITH CAP MARKED "GAGNER AR 1659
THENCE S02°06'07"E A DISTANCE OF 5.44 FEET TO A FOUND 518" REBAR WITH CAP MARKED "111811;
THENCE S02°06'07"E A DISTANCE OF 28.50 FEET TO A FOUND 518" REBAR WITH CAP MARKED "1118" LOCATED AT THE INTERSECTION OF SAID EASTERLY LINE AND THE
NORTHERLY LINE OF WEST CENTER STREET (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY);
THENCE ALONG THE NORTHERLY LINE THEREOF N79055'08"W A DISTANCE OF 23.13 FEET TO A FOUND CHISELED X" IN CONCRETE LOCATED AT THE INTERSECTION OF SAID
NORTHERLY LINE WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID GREGG AVENUE;
THENCE ALONG THE WESTERLY LINE THEREOF NO2°43'19"E A DISTANCE OF 291.99 FEET TO A SET MAG-NAIL;
THENCE DEPARTING SAID WESTERLY LINE S87°2239"E A DISTANCE OF 33.64 FEET TO A THE POINT OF BEGINNING,
CONTAINING 6,528 SQUARE FEET OR 0.150 ACRES, MORE OR LESS.
DESCRIPTION OF UTILITY EASEMENT
BEING A VARIABLE WIDTH UTILITY EASEMENT TO BE ABANDONED, LOCATED WITHIN A PART OF THE WEST HALF (W 112) BLOCK NUMBERED TWENTY-ONE (21) OF THE
ORIGINAL TOWN MAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 21, THENCE ALONG THE NORTH LINE THEREOF N87°2239"W A DISTANCE OF 221.96 FEET TO A FOUND CHISELED
W" IN A RAILROAD RAIL;
THENCE DEPARTING SAID NORTH LINE ON A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 313.07 FEET, WITH A RADIUS OF 714.49 FEET, WITH A CHORD BEARING
OF S06°0948"W, WITH A CHORD LENGTH OF 310.57 FEET TO A FOUND 5/8" REBAR LOCATED ON THE NORTHERLY LINE OF WEST CENTER STREET (A VARIABLE WIDTH PUBLIC
RIGHT-OF-WAY);
THENCE ALONG THE NORTHERLY LINE THEREOF N78°36'20"W A DISTANCE OF 49.62 FEET TO A FOUND CHISELED "X" IN CONCRETE AND BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE N78°36'20"W A DISTANCE OF 48.68 FEET TO A FOUND 518" REBAR WITH CAP MARKED "1118"LOCATED AT THE
INTERSECTION OF SAID NORTHERLY LINE WITH THE THE EASTERLY LINE OF GREGG AVENUE (A PUBLIC VARIABLE WIDTH RIGHT-OF-WAY);
THENCE ALONG THE EASTERLY LINE THEREOF NO2°06'07"W A DISTANCE OF 25.71 FEET,'
THENCE DEPARTING SAID EASTERLY LINE S78°36'20'EA DISTANCE OF 73.66 FEET;
THENCE S00°5244"E A DISTANCE OF 10.37 FEET TO A SET CHISELED X" IN CONCRETE;
THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 10.78 FEET, WITH A RADIUS OF 9.29 FEET, WITH A CHORD BEARING OF S32009'37"W, WITH A CHORD
LENGTH OF 10.18 FEET TO A FOUND CHISELED "X" IN CONCRETE;
THENCE S8402836"W A DISTANCE OF 18.37 FEET TO THE POINT OF BEGINNING, CONTAINING 1, 738 SQUARE FEET OR 0.040 ACRES, MORE OR LESS.
GENERAL NOTES
1. SOME FEATURES SHOWN ON THIS PLAT MAY BE SHOWN OUT OF SCALE FOR CLARITY.
2. DIMENSIONS ON THIS PLAT ARE EXPRESSED IN FEET AND DECIMAL PARTS THEREOF
UNLESS OTHERWISE NOTED. MONUMENTS WERE FOUND AT POINTS WHERE INDICATED.
BASIS OF BEARING
THE BASIS OF BEARING OF THIS SURVEY IS GRID NORTH BASED ON THE EAST LINE OF
THE WESTERN PARCEL OF THE SUBJECT PROPERTY, ALSO BEING THE WEST
RIGHT-OF-WAY LINE OF SOUTH GREGG STREET. THE BEARING IS DENOTED AS NO2°43'19"E
PER GPS COORDINATE OBSERVATIONS ARKANSAS STATE PLANE, NORTH ZONE NAD83.
SURVEY JOB NO. 23-2941.01
DATE.,07/31/2023
PAGE 1 OF 3
SURVEYOR INFORMATION:
Surveying
Engineering
Mapping
& AMNAIIS, P.R.
BLEW & ASSOCIATES, PA
GRAPEVINE, TX 76051
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Paqe 28 of 45
612 W, CENTER ST., FAYETTEVILLE, AR 72701
WASHINGTON COUNTY
SET MAG-NAIL
FOUND 518" REBA
W/ CAP "1118"
VARIABLE WIDTH
ALLEY VACATION
O�
m
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W
41 W
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W 00 Z
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�� �U
CDO JO
O
�iWzcW
FOUND CHISELED
X' IN CONCRETE
L8
SET 518" REBAR W/ CAP
P.O.B. ALLEY "GAGNER AR 1659",
VACATION FOUND 518" REBAR LYING
SET MAG -NAIL ON GROUNp FOUND CHISELED X'
IN RAILROAD RAIL
a
N
L0
N
7
O
a
L9
SET 518" REBAR
W/ CAP "GAGNER
AR 1659"
SET 518" REBAR
W/CAP "GAGNE
AR 1659"
W. CENTER STREET
VARIABLE WIDTH ASPHALT PAVEMENT
VARIABLE WIDTH PUBLIC RAN
(PER DOC. #2022-00035475) FOUND 518" REBAR
W/ CAP "1118"
LINE
BEARING
DISTANCE
L 1
N 87°2239" W
38.09'
L2
N 87°2239" W
67.02'
L3
S 02°4955" W
10.22'
L4
S 48°44'51 " W
16.72'
L5
S 84°2736" W
1.56'
L6
S 02006'07" E
5.44'
L7
S 02W'07" E
28.50'
L8
N 79°55'08" W
23.13'
L9
S 87°2239" E
33.64'
FOUND 518"
REBAR W/ CAP
"1118"
IL 1 N 87°2239" W 221.96' 11
P.O.C. ALLEY VACATION
CALCULATED NE CORNER OF
BLOCK 21, ORIGINAL TOWN
MAT OF FAYETTEVILLE
LEGEND & SYMBOLS
FOUND MONUMENT AS NOTED
O
SET MONUMENT AS NOTED
®
COMPUTED POINT
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
BOUNDARY LINE
— — —
EASEMENT LINE
W E
S
1 " = 60'
GRAPHIC SCALE
0 30' 60'
SURVEYJOB NO. 23-2941.01
DATE:07/31/2023
PAGE 2 OF 3
SURVEYOR INFORMATION:
Surveying
Engineering
Mapping
& ASSOCIATES, P.A.
BLEW & ASSOCIATES, PA
GRAPEVINE, TX 76051
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 29 of 45
10ANUffil:1rA
612 W, CENTER ST., FAYETTEVILLE, AR 72701
WASHINGTON COUNTY
FOUND CHISELED 'X"
IN RAILROAD RAIL
— -- - N 87°2239" W 221.96'
P.O.C. UTILITYEASEMENT
CALCULATED NE CORNER OF
BLOCK 21, ORIGINAL TOWN
MAT OF FAYETTEVILLE
U
VARIABLE WIDTH
UTILITY EASEMEN
W. CENTER STREET
VARIABLE WIDTH ASPHALT PAVEMENT
VARIABLE WIDTH PUBLIC RAN
(PER DOC. #2022-00035475)
LINE
BEARING
DISTANCE
L 1
S 78036'20" E
49.62'
L2
S 78°36'20" E
48.68'
L3
S 02006'07" E
25.71'
L4
S 00°5244" E
10.37'
L5
N 8402836" E
18.37'
S780362 - 73 66,
W E
S
1 " = 60'
GRAPHIC SCALE
0 30' 60'
SET CHISELED X'
IN CONCRETE
FOUND 518"
REBAR
FOUND 518" REBAR I
—W/CAP"1118" pO.B.UTIY EASEMENT
FOUND CHISELED
X' IN CONCRETE
LEGEND & SYMBOLS
!
FOUND MONUMENT AS NOTED
O
SET MONUMENT AS NOTED
®
COMPUTED POINT
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
BOUNDARY LINE
—
EASEMENT LINE
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
Cl
714.49'
313.07'
310.57'
N 06°09'48" E
25°06'20"
C2
9.29'
10.78'
10.18,
N 32°0937" E
66°2751"
SURVEYJOB NO. 23-2941.01
DATE:07/31/2023
PAGE 3 OF 3
SURVEYOR INFORMATION:
Surveying
Engineering
Mapping
& ASSOCIATES, P.A.
BLEW & ASSOCIATES, PA
GRAPEVINE, TX 76051
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 30 of 45
Fayetteville Center St
10.03.2023
oil
T R I N I T A S
Alley Vacation Memo
Fayetteville Center St
600 IN Center St. Fayetteville, AR
10.03.2023
Herein is provided supplemental information for the Gregg Alley Vacation request to respond to commissioner and
public comment. Additional information will be provided in person at the Planning Commission Meeting on 10.9.2023.
We are pleased that the sewer relocation modeling study being completed by the City of Fayetteville Engineering
staff with RFN is complete and that they are consenting to the vacation. This memo is specifically speaking to
concerns of life -safety and the use of Gregg Alley within the city's street master plan.
Included information:
1) Center Street Section
a. The section shows the street is widened to 26' in coordination with the fire department truck access
b. The section was also coordinated with the trails staff to accommodate the 10' Oak Ridge Trail
2) 600 W Center St Fire Department Access
a. The plan was coordinated with the fire department to meet all requirements for the life and safety of
the building
3) Traffic Study Memo
a. a traffic study is being completed for the project by Kimley Horn to assess vehicular, pedestrian,
and trail access around the site. They have provided a memo for the staff and Planning
Commission's review.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 31 of 45
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Kimley»>Horn
MEMORANDUM
To: Josh Boccaccio, PE
Engineering Development Review Manager, City of Fayetteville
From: Ryan Gill P.E.
Christian DeLuca, P.E. (Texas), PTOE
Date: October 4, 2023
Subject: Gregg Avenue Closure
The purpose of this memorandum is to support the closure of Gregg Avenue, the small local
street connecting Center Street to West Avenue via Meadow Street. The closure of Gregg
Avenue is a sensible decision for several reasons outlined below:
1. Response Times and Safety:
• The fire department that is closest to this service area is located east of the
site along Center Street. The alleyway only helps response times if vehicles
would be traveling from west to northeast but due to the location of the fire
station, it is unlikely that the fire department would ever need to use Gregg
Avenue between Center Street and Meadow Street.
• The City Fire Marshall met with the development and concurred that this
roadway segment is not critical for their response times.
• The narrow nature of Gregg Avenue means emergency vehicles would likely
use West Avenue already, making the closure impact minimal.
2. Improvements in Safety:
• The development and abandonment of Gregg Avenue reduces three curb cuts
along Oak Ridge Trail to one, enhancing safety and experience for pedestrians
and cyclists.
• The project eliminates a driveway close to the trail crossing location on Center
Street and removes a blind corner for cyclists, significantly improving safety in
the area.
3. Traffic Flow and Vehicle Volume:
• The closure improves vehicular flow on Center Street by consolidating access
locations.
• Gregg Avenue services only 23 vehicles in a peak hour, whereas West Avenue
handles 246, demonstrating how Gregg Avenue is not frequently used.
4. Development -Driven Improvements:
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 35 of 45
Kimley»>Horn
• The development is enhancing Center Street by widening sidewalks and the
roadway to 26 feet, further improving traffic flow and pedestrian safety.
• A turnaround large enough for truck use will be constructed, addressing
concerns about a dead end on Meadow Street.
5. Traffic Volume Analysis:
• West Avenue currently only uses 51 % of its total capacity during its PM Peak
Hour and 22% of its capacity in the AM Peak Hour.
• An analysis shown in Table 1 demonstrates that transferring volumes from
Gregg Avenue to West Avenue maintains stable volume -to -capacity ratios.
• West Avenue can easily accommodate the additional traffic, making the
closure seamless.
Table 1- Roadway Capacity Analysis
Street
Segment
Peak
Hour
Capacity
LOSE
Existing
Volume
Volume to
Capacity
Total Volumes
after
Redistributon
Volume to
Capacity
AM
480
105
22%
112
23%
West
Center Street to
Avenue
Meadow Avenue
PM
480
246
51%
265
55%
Service Volumes used from FHWASimplified Highway Capacity Calculation Method forthe Highway Performance Monitoring
Sys to m
6. Grid System and Alternative Routes:
• Fayetteville's closely spaced grid system provides numerous alternative routes
between Center Street and Dickson Street, making Gregg Avenue redundant
as a reliever route.
• With Center Street already connecting to West Avenue just 370 feet east of
Gregg Avenue, the closure does not disrupt the City's overall traffic flow
significantly.
In conclusion, the closure of Gregg Avenue aligns with the city's goals of improving safety,
enhancing traffic flow, and maximizing resources effectively. The decision will not impact
emergency response times nor existing traffic patterns while significantly improving safety
conditions. We ask that the City of Fayetteville consider these points in support of the
proposed closure of Gregg Avenue.
Thank you for your attention to this matter.
END
Attachments: Volume Exhibits
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 36 of 45
0 (2)
�0(1)
4j i y r 3(6)
0(1)S ♦1 t r+ Meadow Street
0(3)+
0 (1)
■
• T
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3
c
y
� t7
Y
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7
a
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a
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a' M
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� LL
o t•
- 0 0 14)
m do (13)
120 (97)
/.1 ♦ r 12 (19) Oak Ridge Trail
122 (107) .
♦J ,, 4 r 2 (6)
111 (62)
� ♦ r t It)
.............................................................�
110(161)`
� , t &
- `1
3(3)1t r •
36(41)—+ +1 t r+
144(135) Center Street
164(253)� _ _
io6(107) _
3(11)'♦29
2(3)� Z. ;
9(to)i _ _
EXHIBIT 1
2023 Existing Traffic
LEGEND:
X(Y)
612 Center Street - Fayetteville, Arkansas
X- Weekday AM Peak HourTurninq Movements
Y - Weekday PM Peak Hour Turning Movements
North
Volumes may not sum from point to point due to roundinq
driveways included in
Kim 1 ey >>> H o r n
and presence of smaller not
analysis.
Nol To Scale
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 37 of 45
o t o (s)
0 0
L o (o)
� o hl l ;
= � 4—o(o)
0(-1)S 4-1 t r! ; Meadow Street
o(o)S 4-1 ♦ r+
■
■
o (o) _
■ T
3
■ m
■ O
Y
�
� ■ C
N
Q
O :
C
U ■ R
as •
C
a
U
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■
C • R
■ Y
�
M
` ■ -
• H
■ p
V
0 0 o i 0 (0)
■
o i 0 (-4)
1 Ei o(o;) Oak Ridge Trail
......+J mL+ ...............................
~ 3(t1)
+j r .0) ;
0J4—
p (0) J 4-1 ♦ r♦
.3 (-3)J 4"1 t r+ •
4(4)S h t ri
Center Street
3 (3)
■
■
■
■
■
■
EXHIBIT 2
Redistributed Traffic from Gregg Avenue Closure
LEGEND:
x(v)
612 Center Street - Fayetteville, Arkansas
x= Weekday AM Peak Hour Turning Movements
V = weekday PM Peak Hour Turning Movements
North
K i m I ey >>> Horn
Volumes may not sum from point to point due to rounding T
and presence of smaller driveways not included in analysis.
Not To Scale
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 38 of 45
0 0 _ ta(1o)
Lo(o)
' HO101 :
r 0 (0)
0 = Ho(o)
N 4 r o (o)
0(0)S +1 t r-! Meadow Street
0(0)S ♦1 ♦ r+
■
■
0 (0) —
■ T
3
■ m
■ O
Y
Q
O :
C
U ■ R
as •
C
a
U
N
■
C • R
■ Y
�
M
` ■ -
• H
■ p
V
■
lL
1 4 � 123(1 e) Oak Ridge Trail
•r+
= i 125ryta) ■
y (1) .
H w 111((6i
1 1
110 (161)—t 1 t
0 (0)—t 1 t r+':
42 (45)+j t r+
144 (135)— m Center Street
167 (2s6) •
108 (107)
■
■
■
■
■
■
EXHIBIT 3
Existing Traffic + Redistributed Traffic From Gregg Avenue Closure
LEGEND:
x(v)
612 Center Street - Fayetteville, Arkansas
X- Weekday AM Peak Hour Turning Movements
V = weekday PM Peak Hour Turning Movements
North
I
Volumes may not sum from point to point due to rounding T
driveways included in
K i m ey °>> H o r n
and presence of smaller not
analysis.
Not To Scale
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 39 of 45
Public Comment
VAC-2023-0005
From: Mitch Weigel <mitch@dpreg.com>
Sent: Thursday, September 7, 2023 1:59 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Cc: Grace Ames <games@trinitas.ventures>; Suzanne Clark <sclark@clark-firm.com>; Payton C. Bentley
<pbentley@clark-firm.com>
Subject: Re: Fayetteville Center St Project - Alley Vacation
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I would actually like to see the site plan for the development before completely committing to support
of the vacation request.
Mitch Weigel, GRI, CRS
Principal Broker/Owner
Downtow Properties
Real Estate Group, Inc
The Pryor Center
1 E Center St, Ste 320B I Fayetteville, AR 72701
Office: 479.443.1313
Cell: 479.466.2369
On Sep 7, 2023, at 1:01 PM, Masters, Jessica <imasters@fayetteville-ar.gov> wrote:
Comment received, thank you.
Jessie Masters, AICP
Development Review Manager
City of Fayetteville, Arkansas
(479) 575-8239
www.favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
<image001.png>
From: Grace Ames <games@trinitas.ventures>
Sent: Friday, September 1, 2023 9:51 AM
To: Mitch Weigel <mitch @dpreg.com>; Suzanne Clark <sclark@clark-firm.com>
Cc: Payton C. Bentley <pbentley@clark-firm.com>; Masters, Jessica <imasters@fayetteville-ar.gov>
Subject: RE: Fayetteville Center St Project - Alley Vacation
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 40 of 45
Public Comment
VAC-2023-0005
Mitch, that is great! You are welcome to reach out to Jessie Masters, she is our planning department
contact. You are also just welcome to respond to this email. Our land -use Attorney, Suzanne Clark, is on
the email and is collecting and submitting feedback to the planning committee. If you prefer to go
through Jessie, feel free. Her email is below. We will be at the 9.11 planning commission meeting.
i masters@favetteviIle-ar.gov
GRACE AMES
Manager, Development Operations
T R I N I T A S I Creating Exceptional Real Estate
www.trinitas.ventures I P. 765.787.1946
201 Main Street, Suite 1000, Lafayette, IN 47901
From: Mitch Weigel <mitch @dpreg.com>
Sent: Friday, September 1, 2023 9:08 AM
To: Grace Ames <games@trinitas.ventures>
Subject: Re: Fayetteville Center St Project - Alley Vacation
I am in support. Who is the planner and I will reach out. When is the hearing?
Mitch Weigel, GRI, CRS
Principal Broker/Owner
Downtown Properties Real Estate Group, Inc.
www.DPREG.com
479-466-2369
Sent from my iPhone
On Sep 1, 2023, at 8:27 AM, Grace Ames <games@trinitas.ventures> wrote:
Mitch, I wanted to check back in on the below. Would you provide an email response confirming your
support for the alley vacation? I have updated drawings I can walk you through if you're interested in
the building design progress. Please let me know if you have any comments, questions and can provide
a note of support.
GRACE AMES
Manager, Development Operations
T R I N I T A S I Creating Exceptional Real Estate
www.trinitas.ventures I P. 765.787.1946
201 Main Street, Suite 1000, Lafayette, IN 47901
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 41 of 45
Public Comment
VAC-2023-0005
From: Grace Ames
Sent: Wednesday, August 23, 2023 10:01 AM
To: mitch@dpreg.com
Cc: Suzanne Clark <sclark@clark-firm.com>; Payton C. Bentley <pbentley@clark-firm.com>; Anna
Langner <alangner@clark-firm.com>; Todd Wendell
<twendell@trinitas.ventures>; apaddock@amplifydevco.com
Subject: Fayetteville Center St Project - Alley Vacation
Mitch, I'm reaching out to let you know that we submitted a vacation request to the Fayetteville
Planning Commission for Greg Alley and it is now public. A sign is posted on site and neighbors are
being notified via certified mail. When we spoke about utilities, you were in favor of the closure. Are
you willing to respond to the email with a note in favor of closing Greg Ally?
If you'd like, I'm available to run through the project progress with you. I can show what we've
developed and issued to the city for a conceptual plat submission. Please let me know if you'd like a
meeting to discuss the alley vacation and the project progress.
GRACE AMES
Manager, Development Operations
T R I N I T A S I Creating Exceptional Real Estate
www.trinitas.ventures I P. 765.787.1946
201 Main Street, Suite 1000, Lafayette, IN 47901
Planning Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Paqe 42 of 45
VAC-2023-0005
One Mile View
P-1
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Urban Center
- Unclassified
- Alley
- Residential Link
Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
1 1 Planning Area
612 W. CENTER ST
0 0.13 0.25 0.5 Miles
�W Q
W
J -
1
1
Subject Property
I It
I
1
1
1
1
R-O
KING:JR_oB
Planning Area`- Fayetteville City Limits ----
EL
NORTH
■
zoning
= I-2 Ganarel Industrial
RESIDENT IALSINGLE-FAMILY
EXTRACTION
NSG
= E-1
RI-U
COMMERCIAL
RI-iz
Resitlenlial-ORce
NS-L
C-1
ResmanY&l erlcunurel
C-2
RSF-.5
C-3
RSF-1
FORM BASED DISTRICTS
RSF-2
� Downtown Gore
RSF<
Urban T.rug
RSF-)
Maln Street Center
RSFA
Down— I--,RSF-15
Community Servi.a
RESIDENTIALMULTI-FAMILY
Neighborhood Sery
RMF.
Neighborhood Cone J.
RM112
PLANNED ZONING DISTRICTS
RMF-13
Commercial. Indu I. Residential
RMF-sa
INSTITUTIONAL
RM
P-1
INDUSTRIAL
I-1 Heavy Commarclal aM Light Indusidal
annlna
Commission
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 43 of 45
VAC-2023-0005
Close Up View
L Neighborhood Link
Urban Center
Unclassified
Alley
~ Planning Area
_ ! Fayetteville City Limits
-- Shared -Use Paved Trail
-_ Design Overlay District
612 W. CENTER ST
I In
SPRINT
♦
^Subject Property
a N�MEAI
1
1
I
i
C9 1
Oak Ridge Trail W�
-CENTER,ST
G) 1
1
1
1
P-1 1
1
1
1
1
1
1
Feet
0 75 150 300 450 600
1:2,400
STiSPRING,ST---
—MOUNTAIN,ST—
RMF-40
Main Street Center
Downtown General
Neighborhood Conservation
P-1
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Pace 44 of 45
October 9, 2023
VAC-2023-0005 (TRINITAS VENTURES)
Page 45 of 45
Public Comment
VAC-2023-0005
From: Mitch Weigel <mitch@dpreg.com>
Sent: Thursday, September 7, 2023 1:59 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Cc: Grace Ames <games@trinitas.ventures>; Suzanne Clark <sclark@clark-firm.com>; Payton C. Bentley
<pbentley@clark-firm.com>
Subject: Re: Fayetteville Center St Project - Alley Vacation
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I would actually like to see the site plan for the development before completely committing to support
of the vacation request.
Mitch Weigel, GRI, CRS
Principal Broker/Owner
Downtow Properties
Real Estate Group, Inc
The Pryor Center
1 E Center St, Ste 320B I Fayetteville, AR 72701
Office: 479.443.1313
Cell: 479.466.2369
On Sep 7, 2023, at 1:01 PM, Masters, Jessica <imasters@fayetteville-ar.gov> wrote:
Comment received, thank you.
Jessie Masters, AICP
Development Review Manager
City of Fayetteville, Arkansas
(479) 575-8239
www.favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
<image001.png>
From: Grace Ames <games@trinitas.ventures>
Sent: Friday, September 1, 2023 9:51 AM
To: Mitch Weigel <mitch @dpreg.com>; Suzanne Clark <sclark@clark-firm.com>
Cc: Payton C. Bentley <pbentley@clark-firm.com>; Masters, Jessica <imasters@fayetteville-ar.gov>
Subject: RE: Fayetteville Center St Project - Alley Vacation
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Public Comment
VAC-2023-0005
Mitch, that is great! You are welcome to reach out to Jessie Masters, she is our planning department
contact. You are also just welcome to respond to this email. Our land -use Attorney, Suzanne Clark, is on
the email and is collecting and submitting feedback to the planning committee. If you prefer to go
through Jessie, feel free. Her email is below. We will be at the 9.11 planning commission meeting.
i masters@favetteviIle-ar.gov
GRACE AMES
Manager, Development Operations
T R I N I T A S I Creating Exceptional Real Estate
www.trinitas.ventures I P. 765.787.1946
201 Main Street, Suite 1000, Lafayette, IN 47901
From: Mitch Weigel <mitch @dpreg.com>
Sent: Friday, September 1, 2023 9:08 AM
To: Grace Ames <games@trinitas.ventures>
Subject: Re: Fayetteville Center St Project - Alley Vacation
I am in support. Who is the planner and I will reach out. When is the hearing?
Mitch Weigel, GRI, CRS
Principal Broker/Owner
Downtown Properties Real Estate Group, Inc.
www.DPREG.com
479-466-2369
Sent from my iPhone
On Sep 1, 2023, at 8:27 AM, Grace Ames <games@trinitas.ventures> wrote:
Mitch, I wanted to check back in on the below. Would you provide an email response confirming your
support for the alley vacation? I have updated drawings I can walk you through if you're interested in
the building design progress. Please let me know if you have any comments, questions and can provide
a note of support.
GRACE AMES
Manager, Development Operations
T R I N I T A S I Creating Exceptional Real Estate
www.trinitas.ventures I P. 765.787.1946
201 Main Street, Suite 1000, Lafayette, IN 47901
Public Comment
VAC-2023-0005
From: Grace Ames
Sent: Wednesday, August 23, 2023 10:01 AM
To: mitch@dpreg.com
Cc: Suzanne Clark <sclark@clark-firm.com>; Payton C. Bentley <pbentley@clark-firm.com>; Anna
Langner <alangner@clark-firm.com>; Todd Wendell
<twendell@trinitas.ventures>; apaddock@amplifvdevco.com
Subject: Fayetteville Center St Project - Alley Vacation
Mitch, I'm reaching out to let you know that we submitted a vacation request to the Fayetteville
Planning Commission for Greg Alley and it is now public. A sign is posted on site and neighbors are
being notified via certified mail. When we spoke about utilities, you were in favor of the closure. Are
you willing to respond to the email with a note in favor of closing Greg Ally?
If you'd like, I'm available to run through the project progress with you. I can show what we've
developed and issued to the city for a conceptual plat submission. Please let me know if you'd like a
meeting to discuss the alley vacation and the project progress.
GRACE AMES
Manager, Development Operations
T R I N I T A S I Creating Exceptional Real Estate
www.trinitas.ventures I P. 765.787.1946
201 Main Street, Suite 1000, Lafayette, IN 47901
From: Ronald Patrick Cameron <rpcameron64@gmail.com>
Sent: Monday, October 9, 2023 8:53 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Metro Lofts Urgent Information
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I am in support of the Vacation!
R. Patrick Cameron
CEO RPC Ventures
C. +01 479-263-1459
Begin forwarded message:
From: Mitch Weigel <mitch @dpreg.com>
Date: October 9, 2023 at 5:09:54 PM CDT
To: Ronald Patrick Cameron <rpcameron64@gmail.com>
Subject: Re: Metro Lofts Urgent Information
0 masters@favetteviIle-ar.gov
Public Comment
VAC-2023-0005
From: Andy Davis <davisdev870@gmail.com>
Sent: Monday, October 9, 2023 3:16 PM
To: Mitch Weigel <mitch@dpreg.com>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Easement Vacation
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Link: 38d77eb0-48f1-4911-8987-5c1a7f67a9d638d77eb0-48f1-4911-8987-5c1a7f67a9d6
The property to the south of our building is under contract for sale to a developer who wants to build
student housing and, as part of their development plans, has requested the City of Fayetteville to vacate
the alley that lies to the south of our property. This will allow them to build on their entire site and
across the current alley, which runs between Meadow and Center St.
This vacation would reduce traffic in our parking lot and reduce the desire to walk and drive through our
premises, making our property safer. It has come to my attention that another potential developer,
Brian Reindl, is proposing a hotel on the south end of the Walton Arts Center's existing parking lot and is
opposed to this vacation. His reason for opposition is diametrically opposed to ours; in his current plan,
his hotel, which has no parking in its design, would utilize our parking lot and the existing alleyway to
our south as a means of ingress and egress for his hotel's valet parking. This would vastly increase the
traffic and safety concerns in our parking lot, and we are opposed to that result.
Metro District Lofts POA President
Have a Blessed Day
Andy Davis
870-723-2400
Public Comment
VAC-2023-0005
From: Samantha Schreyer <srschreyr@gmail.com>
Sent: Thursday, October 12, 2023 2:22 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: How Dare You
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
To whom it may concern:
First of all, I would like to communicate my displeasure of the decision to bulldoze the iconic Alley near
downtown Fayetteville. This city is known for its vibrancy, and here are the officials tearing that down to
accomidate more out of town kids who will only be here for a couple years before leaving our city,
stripping it of its culture further.
Just say you care more about money than what actually makes this city special. People would (maybe,
we'd still be unbelievably dissapointed and upset) appreciate the honesty.
If this behavior is kept up, nobody will want to live here. These latest moves seriously have me, and
others, considering relocating to a place with actual culture.
If you care about housing, invest in the affordable kind for permanent residents.
Not cheers,
A local resident
From: Christopher Miller <chris.m.miller0l@gmail.com>
Sent: Thursday, October 12, 2023 1:59 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Complaint Over Destruction of Local Business
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I know none of you care,
Realistically you'll either throw away this email or give a cheap excuse. There is a vibrant community in
Fayetteville that revolves around a wonderful diverse range of local businesses. Businesses that make
our town stand out amongst every nearby NWA city. Businesses that have served as a meeting ground
and home for many of our citizens. Businesses that buy from and sell to local community members.
These businesses are a reflection of the actual people that live and stay here.
The announcement of the pending destruction of the Alley near West and Spring is a disheartening
blow. Downtown Fayetteville was supposed to be a hub for the community to come together. The
decision to destroy the Alley has shown how little the Fayetteville Planning Commission cares about its
local businesses. There now exists a massive parking structure that overshadows many of those local
businesses. The hotel that is soon to replace the WAC parking lot and completely overshadow the
Meteo District. And now the promise to kick out multiple local businesses to replace with more
overpriced apartment structures. Downtown Fayetteville is supposed to be a home, not just another
holding pen for students.
Public Comment
VAC-2023-0005
Who will be next? What businesses will you destroy next? Whose livelihoods will you throw away next?
What happens when there is nothing left but apartments and out-of-state chain businesses (i.e. Tin
Roof). The Commission has proven it does not speak for the people but rather the rich property
investors.
I hope there is a future where Fayetteville may invest in the people that are already here instead of
those that will inevitably come and leave.
Much disgust, sadness, and fear,
Chris Miller: Community Member and Local Businesses Manager
-----Original Message -----
From: Cali Clifton <calimclifton@gmail.com>
Sent: Thursday, October 12, 2023 2:52 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Please, just leave the Alley alone.
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To whom it may concern,
I am writing this email today to express my disagreement as well as concern for the plan to bulldoze the
Alley near downtown Fayetteville.
The Alley is not just a unique staple of what keeps Fayetteville "funky" - it is also the location of a few
local businesses, with patrons ranging from students the city is constantly changing for as well as non -
student residents.
The vibrancy of Fayetteville is what keeps people wanting to live here, whether they went to the
university or not. Constantly accomodating for students who will only live here a few years will not only
make the city lose its vibrancy, but also drive out long-term residents. If you really care about housing,
make it more affordable for long term and permanent residents. If not, at least be honest and say you
care more about money from rich folks and corporations (but especially Texans).
Do better,
A former Fayetteville citizen
Public Comment
VAC-2023-0005
From: Morgan Gentry <amgentry21@unm.edu>
Sent: Saturday, October 14, 2023 1:22 AM
Subject: Comment on zoning and planning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Amanda Gentry
P.O. Box 902
Arroyo Seco, NM 87514
amgentry2l @unm.edu
10/13/2023
I am writing to bring to your attention an important issue that I believe warrants
the careful consideration of the Planning Commission: the need to make clear
distinctions when zoning and planning for non -student and student housing. As a
concerned patron, community member, and future resident of Fayetteville, I am deeply
invested in the future of the city and believe that addressing this matter can have a
positive impact on the quality of life for all residents.
I am heartbroken and angry to hear that the huts alongside the trail near Center
street are going to be torn down to make way for student housing. The city will lose a
handful of unique, local businesses in a walkable area. The businesses will most
definitely struggle to relocate and could therefore be lost forever. These buildings are
home to local artists, musicians, and creatives who have formed a community hub by
working together. Not only that, but a few of these people have built their business
around living cultural traditions that were birthed right here in the Ozarks. There are less
and less people practicing the old Ozark ways and by bulldozing this building for short
term housing, we are bulldozing our long term cultural heritage.
Fayetteville is home to a diverse population, including long-term residents,
families, and students attending local educational institutions. While the student
community is an integral part of our city, it is essential to recognize that student
housing needs and expectations often differ from those of other residents. If
Fayetteville is to grow in a way that is sustainable, plans need to be put forth to
prioritize local business owners, long term residents, and non -students who are trying to
invest and grow within this community.
I'd like to outline several compelling reasons for creating a clear distinction between
these two types of housing:
Public Comment
VAC-2023-0005
• Community Harmony: Making distinctions between student and non -student
housing can promote community harmony
• by addressing the unique needs and expectations of each group. This, in turn,
can lead to better relationships between students and long-term residents.
• Property Maintenance: Student housing units are often subjected to higher
turnover rates and may require
• more stringent property maintenance. Distinguishing between the two types of
housing can enable targeted policies that ensure that both types of residences
are well -maintained.
• Parking and Transportation: Students, particularly those living near educational
institutions, may have different
• parking and transportation needs compared to non -student residents.
Appropriate zoning can address these differences and help alleviate potential
traffic and parking issues.
• Noise and Safety Concerns: Student housing areas may experience higher levels
of noise and other safety concerns
• due to a younger demographic. Tailored regulations can help mitigate these
concerns while respecting the rights and needs of all residents.
• Affordable Housing Initiatives: Distinguishing between student and non -student
housing can facilitate efforts
• to provide affordable housing for both groups, ensuring that the housing market
• is accessible and equitable for all.
• Community Integration: Promoting a sense of community and integration can be
better achieved by recognizing
• the specific housing needs of students and non -students, allowing for the
development of housing solutions that align with the values of each group.
I believe that it is essential for the Planning Commission to work toward creating
a clear framework that distinguishes between non -student and student housing, rather
than taking a one -size -fits -all approach. By doing so, we can address the unique
Public Comment
VAC-2023-0005
challenges and opportunities presented by each type of housing and ensure that
Fayetteville remains an inclusive and thriving community.
I kindly request that the Planning Commission consider this matter seriously,
engaging with stakeholders and experts in housing and urban planning to develop clear
and thoughtful policies that respect the needs and rights of all residents. I am confident
that such an approach will lead to a more prosperous Fayetteville.
Thank you for your attention to this important issue. I look forward to following
the progress of this matter and remain available for further discussion or to provide any
additional information as needed.
Sincerely,
Amanda Morgan Gentry
From: Robert Bishop <robotbishop87@gmail.com>
Sent: Thursday, October 12, 2023 2:11 PM
To: Mayor <Mayor@fayetteville-ar.gov>
Subject: New Zoning Distinctions Needed
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Dear Mayor Jordan,
I am writing to bring to your attention an important issue that I believe warrants
the careful consideration of the Planning Commission: the need to make clear
distinctions when zoning and planning for non -student and student housing. As a
concerned resident of Fayetteville, I am deeply invested in the future of our city and
believe that addressing this matter can have a positive impact on the quality of life for
all residents.
I am saddened to hear that the huts alongside the trail near Center street are
going to be torn down to make way for student housing. I am frustrated to learn this is
due to the fact that the city does not currently make distinctions between student and
non -student housing in its zoning and planning laws. The city will lose a handful of
unique, community minded businesses in a walkable area. These businesses will most
definitely struggle to relocate and could therefore be lost forever. These buildings are
home to local artists, musicians, and creatives who have formed a community hub by
working together. Not only that, but a few of these people have built their business
around living cultural traditions that were birthed right here in the Ozarks. There are less
Public Comment
VAC-2023-0005
and less people practicing the old Ozark ways and by bulldozing this building to make
room for short term residents, we are bulldozing our long term cultural heritage.
Fayetteville is home to a diverse population, including long-term residents,
families, and students attending local educational institutions. While the student
community is an integral part of our city, it is essential to recognize that student
housing needs and expectations often differ from those of other residents. If
Fayetteville is to grow in a way that is sustainable, plans need to be put forth to
prioritize local business owners, long term residents, and non -students who are trying to
invest and grow within this community.
I'd like to outline several compelling reasons for creating a clear distinction between
these two types of housing:
• Community Harmony:
• Making distinctions between student and non -student housing can promote
community harmony by addressing the unique needs and expectations of each
group. This, in turn, can lead to better relationships between students and long-
term residents.
• Property Maintenance:
• Student housing units are often subjected to higher turnover rates and may
require more stringent property maintenance. Distinguishing between the two
types of housing can enable targeted policies that ensure that both types of
residences are well -maintained.
• Parking and Transportation:
• Students, particularly those living near educational institutions, may have
different parking and transportation needs compared to non -student residents.
Appropriate zoning can address these differences and help alleviate potential
traffic and parking issues.
• Noise and Safety Concerns:
Public Comment
VAC-2023-0005
• Student housing areas may experience higher levels of noise and other safety
concerns due to a younger demographic. Tailored regulations can help mitigate
these concerns while respecting the rights and needs of all residents.
• Affordable Housing Initiatives:
• Distinguishing between student and non -student housing can facilitate efforts to
provide affordable housing for both groups, ensuring that the housing market is
accessible and equitable for all.
• Community Integration:
• Promoting a sense of community and integration can be better achieved by
recognizing the specific housing needs of students and non -students, allowing
for the development of housing solutions that align with the values of each
group.
I believe that it is essential for the Planning Commission to work toward creating
a clear framework that distinguishes between non -student and student housing, rather
than taking a one -size -fits -all approach. By doing so, we can address the unique
challenges and opportunities presented by each type of housing and ensure that
Fayetteville remains an inclusive and thriving community.
I kindly request that the Planning Commission consider this matter seriously,
engaging with stakeholders and experts in housing and urban planning to develop clear
and thoughtful policies that respect the needs and rights of all residents. I am confident
that such an approach will lead to a more prosperous Fayetteville.
Thank you for your attention to this important issue. I look forward to following
the progress of this matter and remain available for further discussion or to provide any
additional information as needed.
Sincerely,
Robert Bishop I KUAF Music Manager
Form v1 41
NW4\
media
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72703
Ad number#: 346533 NOV 13 2023
PO #:
E
Matter of: ORD 6704
CITY CLE KS OFFICE
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTON/BENTON county, State of ARKANSAS;that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6704
Pending in the court, in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County.
that said newspaper had been regularly printed and published in said county.and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement:and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$171.76.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 11/12/23;NWA nwaonline.com 11/12/23
dax_a_
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of November,2023 —" ,;,,
:,� 1;. ,,,. CATHERINE STAGGS
,(.3.u.A. F MY COMMISSION 012402772
Ca; KR.,Sfl(K) !,ter EXPIRES:February 28, 2025
vo ' ':r""r•' Washington County
NOTARY PUBLIC
Ordinance:6704
File Number: 2023-1209
VACATION-2023-0005: (612
W. CENTER ST/TRINITAS VEN-
TURES,483):
AN ORDINANCE TO APPROVE
VAC 23-05 FOR PROPERTY LO-
CATED AT 612 WEST CENTER
STREET IN WARD 2 TO VACATE
A 0.15 ACRE PORTION OF ALLEY
RIGHT-OF-WAY
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 cor-
porate purposes;and RECEIVED
WHEREAS, the City Council
has determined that the follow-
ing described portion of alley
right-of-way is not required for NOV 1 3 2023
corporate purposes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE, CITY OF FAYETTEVILLE
ARKANSAS: CITY CLERK'S OFFICE
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby vacates
the portion of alley right-of-way
as described in Exhibit B at-
tached to the Planning Depart-
ment's memo.
Section 2:A copy of this Or-
dinance duly certified by the
City Clerk along with the map
attached as Exhibit A to the
Planning Department's memo
shall be filed in the office of the
Washington County Circuit
Clerk.
Section 3: This vacation ap-
proval is subject to the following
conditions:
1. All impacted water and
sewer lines or facilities shall be
relocated and detailed engi-
neering plans must be reviewed
and approved by the City of
Fayetteville prior to construc-
tion.
2. Right-of-way vacation is
subject to approval and is-
suance of a grading permit in
association with a multi-family
development that occupies both
Parcels 765-12934-000 and
765-01886-000.
3. Any damage to or reloca-
tion of existing facilities will be
at the property owner/devel-
oper's expense.
4. All SWEPCO,AT&T,and
Black Hills Energy facilities lo-
cated within said right-of-way
must be relocated as required
by those entities.
5. The applicant/developer
shall design the project to in-
clude the garden and trail space
in the northwest portion of the
properly as shown in Exhibit C.
An easement shall be dedicated
to allow public access to this
area every day of the year from
daylight to 11:00 p.m.
PASSED and APPROVED on
November 7,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid:$171.76
November12,2023 346533
Form v1 41
NV\
4,N,
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72703
Ad number#: 346533 NOV 13 2023
PO #:
Matter of: ORD 6704
C OF I
ITYCLERK'S OFFICE
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that 1 am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6704
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County.
that said newspaper had been regularly printed and published in said county.and had a bona tide circulation therein for
the period of one month before the date of the first publication of said advertisement:and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$171.76.
(Includes$0.00 Affidavit Charge).
NW4 Democrat Gazette 11/12/23;NWA n►vaonline.com 11/12/23
Finance Director
State ofARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of November,2023
:,� r.. •, CATHERINE STAGGS
s. �+;� .F MY COMMISSION#12402772
S+18 EXPIRES:February 28, 2025
"''.;rti;�p.; Washington County
NOTARY PUBLIC
Ordinance:6704
File Number: 2023-1209
VACATION-2023-0005: (612
W.CENTER ST/TRINITAS VEN-
TURES,483):
AN ORDINANCE TO APPROVE
VAC 23-05 FOR PROPERTY LO-
CATED AT 612 WEST CENTER
STREET IN WARD 2 TO VACATE
A 0.15 ACRE PORTION OF ALLEY
RIGHT-OF-WAY
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 cor-
porate purposes;and RECNOV3EIVE D
WHEREAS,the City Council
has determined that the follow-
ing described portion of alley
right-of-way is not required for 1 2023
corporate purposes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE, CITY OF FAYETTEVILLE
ARKANSAS: CITY CLERK'S OFFICE
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby vacates
the portion of alley right-of-way
as described in Exhibit B at-
tached to the Planning Depart-
ment's memo.
Section 2:A copy of this Or-
dinance duly certified by the
City Clerk along with the map
attached as Exhibit A to the
Planning Department's memo
shall be filed in the office of the
Washington County Circuit
Clerk.
Section 3: This vacation ap-
proval is subject to the following
conditions:
1. All impacted water and
sewer lines or facilities shall be
relocated and detailed engi-
neering plans must be reviewed
and approved by the City of
Fayetteville prior to construc-
tion.
2. Right-of-way vacation is
subject to approval and is-
suance of a grading permit in
association with a multi-family
development that occupies both
Parcels 765-12934-000 and
765-01886-000.
3. Any damage to or reloca-
tion of existing facilities will be
at the property owner/devel-
oper's expense.
4. All SWEPCO,AT&T,and
Black Hills Energy facilities lo-
cated within said right-of-way
must be relocated as required
by those entities.
5. The applicant/developer
shall design the project to in-
clude the garden and trail space
in the northwest portion of the
property as shown in Exhibit C.
An easement shall be dedicated
to allow public access to this
area every day of the year from
daylight to 11:00 p.m.
PASSED and APPROVED on
November 7,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid:$171.76
November 12,2023 346533