HomeMy WebLinkAboutOrdinance 6903113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6903
File Number: 2025-1510
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 9/10/2025 11:53:31 AM
Fee Arm: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00025267
AN ORDINANCE TO APPROVE VAC-25-16 FOR PROPERTY LOCATED AT 835 WEST CLEVELAND
STREET IN WARD 2 TO VACATE 0.02 ACRES OF 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 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 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 shall not be effective until a 20-foot utility easement centered on the existing water main is
dedicated and approved by the City of Fayetteville Utilities Department.
Section 4: This vacation approval is subject to the ongoing condition that any damage or relocation of any existing
facilities will be at the property owner/developer's expense.
PASSED and APPROVED on September 2, 2025
Approved:
Molly Rawn, Mayor
Attest:
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Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 121.60
Page 1
File Number: 2025-00025267 Page 1 of 3
VAC-2025-0016
Close Up View
CLEVELAND ST
Neighborhood Link
— Alley
— Residential Link
Planning Area
Fayetteville City Limits
835 W CLEVELAND ST
Subject Property
Feet
0 75 150 300 450
1:2,400
W
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CLEVELAND
File Number: 2025-00025267 Page 2 of 3
VAC-2025-0016
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Legal Description
A PORTION OF N. STORER AVENUE AND W. CLEVELAND STREET RIGHT-OF-WAY TO BE VACATED AND
BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 6 IN BLOCK 3 OF LEVERETT'S
3RD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 4 PAGE 9 ON FILE IN THE OFFICE
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID POINT
BEING THE POINT OF BEGINNING, THENCE S02-20'06"W 90.00 FEET, THENCE N87°39'54"W 8.51 FEET,
THENCE N00°17'12"E 91.40 FEET, THENCE S86°32'04"E 68.05 FEET, THENCE N87°39'54"W 56.26 FEET TO
THE POINT OF BEGINNING: CONTAINING 956.50 SQUARE FEET OR 0.0220 ACRES MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
9/10/2025 11:53:31 AM
and recorded in REAL ESTATE
File# 2025-00025267
Kvle Svlvester - Circuit Clerk
File Number: 2025-00025267 Page 3 of 3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1510
MEETING OF SEPTEMBER 2, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Wesley Frank, Planner
SUBJECT: VAC-2025-0016: Vacation (835 W. CLEVELAND ST. /PBS PROPERTIES, 444):
Submitted by SITEWISE CIVIL ENGINEERING for property located at 835 W.
CLEVELAND ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI-
FAMILY, 40 UNITS PER ACRE and contains approximately 0.31 acres. The request is
to vacate 0.02 acres of right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommends approval of VAC-2025-0016 as shown in the attached Exhibits
'A' and 'B', and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense;
2. A 20-foot utility easement shall be dedicated adjacent to the City’s water main as requested by
Water/Sewer.
BACKGROUND:
The subject property is in central Fayetteville on 835 W. Cleveland Street and is currently developed with two
single-family homes that Washington County records indicate were constructed in 1954. The property is
currently zoned RMF-40, Residential Multi-Family, 40 Units Per Acre, and appears to have been platted in
1896 with the Leveretts Third Addition. A concept plat (CPL-2025-0001) was submitted for this site for the
development of a 5-unit multi-family development at this address. The property is not located in any overlay
districts.
Request: The applicant proposes to vacate 0.02 acres of right-of-way that was platted with a replat in 1896 of
the Leveretts Third Addition subdivision. The applicant is requesting to vacate right-of-way to align with the
City's master street plan standards.
DISCUSSION:
The applicant submitted the required approvals with no objections, though with added conditions from
franchise utility providers as listed above. The right-of-way requested to be vacated greatly exceeds the City's
Master Street Plan standards for a residential street (26-feet) which impacts the property and any potential
development. A vacation would still allow for this standard conformance while alleviating any development
concerns, thereby not impacting the public interest. With submittal of the required vacation forms and utility
consent, staff recommends approval.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
At the August 11, 2025, Planning Commission meeting, this item was unanimously forwarded to City Council
with a recommendation of approval. No public comment was received before the meeting, but one member of
the public issued a concern at the meeting with a request to make pedestrian improvements at the intersection
of W. Cleveland and N. Storer. Staff clarified that any necessary street improvements would be considered
with any proposed development.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1510
AN ORDINANCE TO APPROVE VAC-25-16 FOR PROPERTY LOCATED AT 835 WEST
CLEVELAND STREET IN WARD 2 TO VACATE 0.02 ACRES OF 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 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
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 shall not be effective until a 20-foot utility easement centered on the existing
water main is dedicated and approved by the City of Fayetteville Utilities Department.
Section 4: This vacation approval is subject to the ongoing condition that any damage or relocation of
any existing facilities will be at the property owner/developer’s expense.
8/26/2025
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-1510
Item ID
9/2/2025
City Council Meeting Date - Agenda Item Only
VAC-2025-0016: Vacation (835 W. CLEVELAND ST. /PBS PROPERTIES, 444): Submitted by SITEWISE CIVIL
ENGINEERING for property located at 835 W. CLEVELAND ST in WARD 2. The property is zoned RMF-40,
RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate
0.02 acres of right-of-way.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
THRU: Wesley Frank, Planner
MEETING DATE: August 11, 2025
SUBJECT: VAC-2025-0016: Vacation (835 W. CLEVELAND ST. /PBS
PROPERTIES, 444): Submitted by SITEWISE CIVIL ENGINEERING for
property located at 835 W. CLEVELAND ST. The property is zoned RMF-40,
RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains
approximately 0.31 acres. The request is to vacate 0.02 acres of right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2025-0016 to the City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
“I move to forward VAC-2025-0016 to the City Council with a recommendation of approval, with
conditions as outlined by staff.”
BACKGROUND:
The subject property is in central Fayetteville on 835 W. Cleveland Street and is currently
developed with two single-family homes that Washington County records indicate were
constructed in 1954. The property is currently zoned RMF-40, Residential Multi-Family, 40 Units
Per Acre, and appears to have been platted in 1896 with the Leveretts Third Addition. A concept
plat (CPL-2025-0001) was submitted for this site for the development of a 5-unit multi-family
development at this address. The property is not located in any overlay districts. Surrounding land
use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-Family Residential RMF-40, Residential Multi-Family, 40 Units per Acre
South Single-Family Residential (Triplex) RMF-40, Residential Multi-Family, 40 Units per Acre
East Multi-Family Residential RMF-40, Residential Multi-Family, 40 Units per Acre
West Unitarian Fellowship Church RMF-40, Residential Multi-Family, 40 Units per Acre
Proposal: The applicant proposes to vacate 0.02 acres of right-of-way that was platted with a
replat in 1896 of the Leveretts Third Addition subdivision.
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 with no objections or issues identified. Though
Planning Commission
August 11, 2025
(PBS Properties)
Page 1 of 10
originally platted in the 1896, the right-of-way is in excess of today’s standards for Residential
Link Streets, which typically requires 26 feet from street centerline. Currently, there is a varying
width of between 37.72 feet and 34.51 feet of right-of-way from the street centerline. The applicant
is requesting to vacate the right-of-way to align with typical Master Street Plan standards and
leave the 26 feet right-of-way from the street centerline in place. The vacation would also allow
for more development on the property, while maintaining consistency with the City’s master street
plan standards.
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, any damage or relocation of any existing Cox
facilities will be at the applicant’s expense.
AEP/SWEPCO No objections finding a 10-foot utility easement to be placed in its
place behind the north property line.
Black Hills Energy AR No objections and no comment.
AT&T No objections, AT&T notes that there are existing aerial facilities
nearby on the pole lead east to west along W. Cleveland Street.
This vacation does not appear to impact that pole and per AT&T
records, no buried facilities south on N. Storer Avenue in area
affected. Request that a survey is to be obtained that locates
materials.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections, finding a 20-foot utility easement, centered on the
existing water main, shall be provided and recorded prior to the
acceptance of the street right-of-way.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: Staff have not received any public comment regarding this request.
RECOMMENDATION: Staff recommends forwarding VAC-2025-0016 to City Council with a
recommendation of approval, with the following conditions:
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer’s
expense;
2. A 20-foot utility easement shall be dedicated adjacent to the City’s water main as
requested by Water/Sewer.
Planning Commission
August 11, 2025
(PBS Properties)
Page 2 of 10
3. A 10-foot wide utility easement shall be dedicated along the north property line as
requested by SWEPCO.
______________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: August 11, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• One Mile Map
• Close-up Map
• Current Land Use Map
• Applicant Request Letter
• Applicant Petition to Vacate
• Survey – Right-of-way to be vacated
Planning Commission
August 11, 2025
(PBS Properties)
Page 3 of 10
CLEVELAND S T
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Regional Link
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Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
VAC-2025-0016 835 W CLEVELAND ST N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
August 11, 2025
(PBS Properties)
Page 4 of 10
LEVERETT
AVE
CLEVELAND ST
DOUGLAS ST ALLEY
850
ST
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Neighborhood Link
Alley
Residential Link
Planning Area
Fayetteville City Limits
Close Up View
VAC-2025-0016 835 W CLEVELAND ST
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
August 11, 2025
(PBS Properties)
Page 5 of 10
CLEVELAND ST
DOUGLAS ST
LEVERETT
AVE
GARLAND
AVE
GA
R
L
A
N
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Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Current Land Use
VAC-2025-0016 835 W CLEVELAND ST N
0 225 450 675 900112.5
Feet
Subject Property
Mixed Residential
and Undeveloped
Mixed Use
Mixed Residential
and Institutional
Mixed Use
1:3,600
Planning Commission
August 11, 2025
(PBS Properties)
Page 6 of 10
July 2, 2025
Planning Commission
c/o Jessica Masters - Development Review Manager
125 W Mountain Street
Fayetteville, AR 72701
RE: N Storer Avenue – Right-of-Way Vacation
This right-of-way vacation is associated with the property at 835 & 827 W Cleveland Street,
Washington County parcel #765-07531-000. The corner lot is bound by W Cleveland Street
to the north and N Storer Avenue to the west.
The existing N Storer Ave right-of-way measures approximately 34.5’ and 37.7’ from the
centerline of N Storer Ave to the recorded right-of-way boundary line. N Storer Ave is a
Residential Link street under the current Master Street Plan. Residential Link streets
require a 52’ total right-of-way, or 26’ as measured from the centerline of the street. This
right-of-way vacation seeks to vacate the existing excess right-of-way as compared to what
is required by the current Master Street Plan.
If I can be of any further assistance, please contact me at zhixson@sitewisecivil.com.
Respectfully submitted,
Zach Hixson, PE
Planning Commission
August 11, 2025
(PBS Properties)
Page 7 of 10
Planning Commission
August 11, 2025
(PBS Properties)
Page 8 of 10
Planning Commission
August 11, 2025
(PBS Properties)
Page 9 of 10
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5
Planning Commission
August 11, 2025
(PBS Properties)
Page 10 of 10
Form v1 55
DECEIVE
NV‘ i 9/02/2025 Li
nisedlaC IT CF =RK'S CFFICE
CITY CLERK'S EVIL
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 537077
PO #:
Matter of: ORD 6903
AFFIDAVIT•STATE OF A RKANSAS
I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON 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 6903
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$121.60.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 09/07/25;NWA nwaonline.com 09/07/25
Legal Cler
State of ARKANSAS,County of Sebastian =
Subscribed and sworn to before me on this 8th day of September:2025 = ~' _
M5ZrQCCIf. - .:
NOT AY PUBLIC
Ordinance:6903
File Number: 2025-1510
AN ORDINANCE TO APPROVE
VAC-25-16 FOR PROPERTY LO-
CATED AT 835 WEST CLEVE-
LAND STREET IN WARD 2 TO
VACATE 0.02 ACRES OF 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
WHEREAS.the City Council
has determined that the follow-
ing described portion of right-
of-way is not required for
corporate purposes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of right-of-way as de-
scribed in Exhibit B attached to
the Planning Department's
memo.
Section 2:A copy of this Ordi-
nance duly certified by the City
Clerk along with the map at-
tached as Exhibit A to the Plan-
ning Department's memo shall
be filed in the office of the
Washington County Circuit
Clerk.
Section 3:This vacation shall
not be effective until a 20-foot
utility easement centered on the
existing water main is dedicated
and approved by the City of
Fayetteville Utilities Department.
Section 4:This vacation ap-
proval is subject to the ongoing
condition that any damage or
relocation of any existing facili-
ties will be at the property
owner/developer's expense.
PASSED and APPROVED on
September 2,2025
Approved:
Molly Rawn,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:$121.60
September 7,2025 537077