HomeMy WebLinkAbout256-25 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 256-25
File Number: 2025-2150
A RESOLUTION TO APPROVE THE DEDICATION OF A REDUCED AMOUNT OF RIGHT OF WAY
FOR A SMALL SITE IMPROVEMENT PLAN OF ABOUT 0.6 ACRES NORTHWEST OF THE
INTERSECTION OF SOUTH COLLEGE AVENUE AND EAST MARTIN LUTHER KING, JR.
BOULEVARD PURSUANT TO § 166.04(B)(2) OF THE UNIFIED DEVELOPMENT CODE
WHEREAS, the Planning Commission recommends that a lesser dedication of right-of-way be allowed to 3V
Development which has a small site improvement plan under review for property at the northwest corner of the
intersection of South College Avenue and East Martin Luther King, Jr. Boulevard; and
WHEREAS, the City Council has determined to accept the dedication of 27.5 feet from the centerline of East Martin
Luther King, Jr. Boulevard and to reduce the Master Street Plan right of way dedication requirements for this portion of
the street to 27.5 feet from the centerline.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts the offered dedication of right of
way along East Martin Luther King, Jr. Boulevard, which has been reduced to 27.5 feet from the centerline, as shown
in Exhibit A to this Resolution, and reduces the Master Street Plan dedication to 27.5 feet from the centerline of this
portion of Martin Luther King, Jr. Boulevard.
PASSED and APPROVED on November 4, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2150
MEETING OF NOVEMBER 4, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: ADM-2025-0039: Administrative Item (E. MARTIN LUTHER KING JR BLVD & S.
COLLEGE AVE/CINQUEFOIL LLC, 523): Submitted by 3V DEVELOPMENT for
property located on E. MARTIN LUTHER KING JR BLVD & S. COLLEGE AVE. in
WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 0.60 acres. The request is for a lesser dedication of right-of-way.
RECOMMENDATION:
City staff recommend denial and Planning Commission recommend approval of a request to dedicate less
right-of-way than is required by the Master Street Plan.
BACKGROUND:
The subject property is at the northwest corner of E. Martin Luther King Jr. Blvd. and S. College Avenue.
Zoned DG, Downtown General, the property is currently undeveloped, though was previously developed with
two small structures. A site improvement plan for the development of a small commercial structure,
townhomes, and associated parking was submitted for review by City staff (SIP-2025-0001). Further, a
variance for the consideration of a driveway entry onto E. Martin Luther King Jr. Blvd. has also been submitted,
and was approved at the October 13, 2025 Planning Commission meeting.
Request: The request is for a lesser dedication of right-of-way than is typically required by the master street
plan for a neighborhood link street. Where 67 feet of right-of-way would typically be required (or 33.5 feet from
street centerline), the applicant is requesting to dedicate 55 feet, or 27.5 feet from street centerline.
Public Comment: Staff did not receive any public comment on this item ahead of the Planning Commission
meeting. Two members of the public spoke in support of the request at the hearing.
DISCUSSION:
Staff recommends denial of the applicant’s request to dedicate less right-of-way than is typically required by
the Master Street Plan. The typical master street plan requirements for a Neighborhood Link Street call for two
lanes of traffic, and a third lane for on-street parking. That said, there are certain considerations that are called
out in the master street plan requirements to allow for flexibility in the design where warranted. This includes
flexibility for the allowance of a dedicated turn-lane. City Engineering staff have identified that left turn lane
improvements will be needed at this location in the future to maintain safety and capacity at this location. High
traffic counts and over 20 crashes within a 5-year time-frame from 2017-2021 at this location have indicated to
Public Works that intersection improvements are needed, especially as development continues to occur in the
area. It is standard under the requirements in §166.04 that an applicant dedicate right-of-way in alignment with
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
the master street plan requirements with an associated development. While staff can make necessary
administrative reductions, staff finds that it is not warranted in this instance to reduce the master street plan
requirement beyond the typical requirement for 33.5 feet.
At the October 13, 2025 Planning Commission meeting, a motion to forward the item with a recommendation of
approval was approved with a vote of 8-1-0 (Commissioner Cabe opposed). Commissioners generally
expressed support for the applicant’s request. They had concerns about the existing off-set intersection, and
felt that dedicating less right-of-way at this location could support a better outcome for intersection
improvements. Further, Commissioners were in support of a narrower street section here, finding that moving
all street users through an intersection should take priority in urban locations over moving cars more quickly.
Commissioner Cabe, who was opposed, had concerns about the existing traffic, and felt that a left turn lane
was warranted, especially given the consideration for an existing hill as the street moves to the east, which
limits visibility. Two members of the public spoke in favor of the applicant’s request.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Planning Commission Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2150
A RESOLUTION TO APPROVE THE DEDICATION OF A REDUCED AMOUNT OF RIGHT
OF WAY FOR A SMALL SITE IMPROVEMENT PLAN OF ABOUT 0.6 ACRES
NORTHWEST OF THE INTERSECTION OF SOUTH COLLEGE AVENUE AND EAST
MARTIN LUTHER KING, JR. BOULEVARD PURSUANT TO § 166.04(B)(2) OF THE
UNIFIED DEVELOPMENT CODE
WHEREAS, the Planning Commission recommends that a lesser dedication of right-of-way be allowed
to 3V Development which has a small site improvement plan under review for property at the northwest
corner of the intersection of South College Avenue and East Martin Luther King, Jr. Boulevard; and
WHEREAS, the City Council has determined to accept the dedication of 27.5 feet from the centerline
of East Martin Luther King, Jr. Boulevard and to reduce the Master Street Plan right of way dedication
requirements for this portion of the street to 27.5 feet from the centerline.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts the offered
dedication of right of way along East Martin Luther King, Jr. Boulevard, which has been reduced to 27.5
feet from the centerline, as shown in Exhibit A to this Resolution, and reduces the Master Street Plan
dedication to 27.5 feet from the centerline of this portion of Martin Luther King, Jr. Boulevard.
10/17/2025
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 -$
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Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2150
Item ID
11/4/2025
City Council Meeting Date - Agenda Item Only
ADM-2025-0039: Administrative Item (E. MARTIN LUTHER KING JR BLVD & S. COLLEGE AVE/CINQUEFOIL LLC, 523):
Submitted by 3V DEVELOPMENT for property located on E. MARTIN LUTHER KING JR BLVD & S. COLLEGE AVE. in
WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.60 acres. The request is
for a lesser dedication 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:
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Neighborhood Link
Urban Center
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Close Up View
ADM-2025-0039 E. MARTIN LUTHER KING JR
BLVD & S. COLLEGE AVE
N
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Feet
Subject Property
1:2,400
EXHIBIT A
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
Justin Bland, Engineering Development Review Manager
MEETING DATE: October 13, 2025
SUBJECT: ADM-2025-0039: Administrative Item (E. MARTIN LUTHER KING JR
BLVD & S. COLLEGE AVE/CINQUEFOIL LLC, 523): Submitted by 3V
DEVELOPMENT for property located on E. MARTIN LUTHER KING JR
BLVD & S. COLLEGE AVE. The property is zoned DG, DOWNTOWN
GENERAL and contains approximately 0.60 acres. The request is for a
lesser dedication of right-of-way.
RECOMMENDATION:
Staff recommends denial of ADM-2025-0039.
RECOMMENDED MOTION:
“I move to forward ADM-2025-0039 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is at the northwest corner of E. Martin Luther King Jr. Blvd. and S. College
Avenue. Zoned DG, Downtown General, the property is currently undeveloped, though was
previously developed with two small structures. A site improvement plan for the development of
a small commercial structure, townhomes, and associated parking was submitted for review by
City staff (SIP-2025-0001). Further, a variance for the consideration of a driveway entry onto E.
Martin Luther King Jr. Blvd. has also been submitted, and will also be heard at the October 13,
2025 Planning Commission meeting. The item was scheduled for September 22, 2025, but the
Planning Commission failed to make quorum. Surrounding land uses and zoning are depicted in
Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Single-family Residential NC, Neighborhood Conservation
South Church DG, Downtown General
West Single-family Residential NC, Neighborhood Conservation
East Single-family Residential DG, Downtown General
Request: The request is for a lesser dedication of right-of-way than is typically required by the
master street plan for a neighborhood link street. Where 67 feet of right-of-way would typically be
required (or 33.5 feet from street centerline), the applicant is requesting to dedicate only 55 feet,
or 27.5 feet from street centerline.
Public Comment: To date, staff has received no public comment regarding this request.
Planning Commission
October 13, 2025
ADM-2025-0039 (CINQUEFOIL LLC)
Page 1 of 14
DISCUSSION:
Staff recommends denial of the applicant’s request to dedicate less right-of-way than is typically
required by the Master Street Plan. The typical master street plan requirements for a
Neighborhood Link Street call for two lanes of traffic, and a third lane for on-street parking. That
said, there are certain considerations that are called out in the master street plan requirements to
allow for flexibility in the design where warranted. This includes flexibility for the allowance of a
dedicated turn-lane. City Engineering staff have identified that left turn lane improvements will be
needed at this location in the future to maintain safety and capacity at this location. High traffic
counts and over 20 crashes within a 5-year time-frame from 2017-2021 at this location have
indicated to Public Works that intersection improvements are needed, especially as development
continues to occur in the area. It is standard under the requirements in §166.04 that an applicant
dedicate right-of-way in alignment with the master street plan requirements with an associated
development. While staff can make necessary administrative reductions, staff finds that it is not
warranted in this instance to reduce the master street plan requirement beyond the typical
requirement for 33.5 feet.
RECOMMENDATION: Staff recommends denial of ADM-2025-0039.
PLANNING COMMISSION ACTION: Required YES
Date: September 22, 2025 ❒ Tabled ❒ Approved ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• One Mile Map
• Close-up Map
• Current Land Use Map
• City Engineering Memo
• Applicant Request Letter and Exhibits
Planning Commission
October 13, 2025
ADM-2025-0039 (CINQUEFOIL LLC)
Page 2 of 14
October 13, 2025 X Forwarded with a
recommendation of
approval.Cabe
Gulley
8-1-0 (Cabe opposed)
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15TH ST
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DCMSC
RPZD
P-1
NC
DG
C-2
CS
Regional Link
Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
ADM-2025-0039 E. MARTIN LUTHER KING JR
BLVD & S. COLLEGE AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
October 13, 2025
ADM-2025-0039 (CINQUEFOIL LLC)
Page 3 of 14
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Neighborhood Link
Urban Center
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Close Up View
ADM-2025-0039 E. MARTIN LUTHER KING JR
BLVD & S. COLLEGE AVE
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
October 13, 2025
ADM-2025-0039 (CINQUEFOIL LLC)
Page 4 of 14
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Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
ADM-2025-0039 E. MARTIN LUTHER KING JR
BLVD & S. COLLEGE AVE N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential &
Single-Family Residential
City of Fayetteville
Walker Park
Single-Family Residential
Single-Family Residential
1:3,600
Planning Commission
October 13, 2025
ADM-2025-0039 (CINQUEFOIL LLC)
Page 5 of 14
TO: Jessie Masters, Planning Director
FROM: Justin Bland, Engineering Development Review Manager
DATE: September 16, 2025
SUBJECT: Planning Commission Engineering Comments for
ADM-2025-0039
Engineering Staff does not support the variance request to reduce the required right-of-way dedication
along MLK Blvd. from 67’ to 55’. This dedication is essential for plans to add a left-turn lane at the
intersection of MLK Blvd. and S. College Ave.
The intersection of MLK Blvd. and S. College Ave. is a relatively high-volume intersection (13,000 and
4,200 vehicles per day, respectively) where traffic volumes are expected to increase with future
development in the area. A left-turn lane will eventually be warranted to improve both safety and
capacity.
• Safety: A 2002 Federal Highway Administration study on urban arterials found that adding left-
turn lanes to signalized intersections can reduce crashes by 10-20%. City GIS data shows
approximately 20 crashes at this location from 2017-2021. As traffic volumes rise, the number of
accidents is also expected to increase. Having the right-of-way is key for having the ability to
make safety improvements when needed.
• Capacity: Left-turn lanes prevent a single turning vehicle from blocking through-traffic, which
can quickly lead to intersection backup and reduced service levels. While some traffic signal
configurations can help (i.e. split phasing, etc.), they typically result in a reduction of efficiency.
Typically, the most efficient traffic signal configuration has protected left turn lanes and free-
flowing through-traffic.
Staff recognizes the challenges of adding turn lanes due to the offset intersection and nearby structures.
However, acquiring the right-of-way now, before the land is developed, is critical. This is considered a
best practice for transportation planning. If this dedication is not provided at this time, the northwest
corner of the intersection will be built out, creating significant obstacles to the future construction of
the turn lanes. Unfortunately, the other corners of the intersection are already built out to some degree
and will require future right-of-way dedication as part of a future redevelopment project, or an
acquisition of the property by the city.
Based on these factors, Engineering Staff recommends denying the variance request to give the city the
most options for future safety and capacity improvements at this intersection.
Planning Commission
October 13, 2025
ADM-2025-0039 (CINQUEFOIL LLC)
Page 6 of 14
8/12/25
Zara Niederman
3V Development LLC
620 Bella Vista Rd
Bentonville, AR 72712
Fayetteville Planning Commission
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Variance Request – Lesser Dedication of Master Street Plan ROW
Property: 519 S College Avenue / MLK Boulevard
Dear Chair and Commissioners,
I am requesting a variance from the Master Street Plan ROW dedication requirement for MLK
Blvd. The Master Street Plan seeks to widen the street and install a turning lane at this corner.
We believe this is inadvisable for two reasons.
First, we believe that the City should focus on increasing the connectivity of the street grid in this
neighborhood, rather than widening individual streets. This includes extending 5th Street to
connect from East to S College, which is just one block to the north. Years ago, the City
re-routed traffic coming west on Highway 16 to re-route from Huntsville Road (which turns into
MLK) to S Happy Hollow Rd. In addition, Archibald Yell (Now Nelson Hackett Blvd) was built to
allow traffic coming east on MLK to go North onto College Ave. Widening the road here to add
room for more ease of flow for cars would be a detriment to the neighborhood.
Secondly, functionally it does not make sense to widen the MLK Blvd, adding a turning lane on
the north side of the street. The street is already misaligned, such that the eastbound lane on
the west side of S College is in direct alignment with the westbound lane on the east side of S
College. Adding an additional lane to the north of the existing eastbound lane on the west side
would only exacerbate this alignment, and cause more traffic problems.
Attached are pictures of this existing alignment issue.
Therefore we request that the ROW remain at the minimum of 55’ for a Neighborhood Link per
the Master Street Plan adopted as part of City Plan 2040.
Regards
Zara Niederman
Zara Niederman
Please upload exhibit showing
proposed street cross section,
ROW, etc.
Planning Commission
October 13, 2025
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