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HomeMy WebLinkAboutOrdinance 6958Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6958 File Number: 2025-2622 AN ORDINANCE TO APPROVE VAC-25-28 FOR PROPERTY LOCATED SOUTHWEST OF WEST CATO SPRINGS ROAD AND SOUTH EMMA AVENUE IN WARD 1 TO VACATE 0.01 ACRES OF RIGHT-OF- WAY WHEREAS, the City Council has the authority under Ark. Code Ann. § 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 approval is subject to the following conditions: 1.Any damage to or relocation of existing facilities will be at the property owner/developer’s expense. 2.A general utility easement shall be dedicated to cover the existing facilities along West Cato Springs Road, as requested by AT&T. PASSED and APPROVED on January 6, 2026 _______________________________ Molly Rawn, Mayor _______________________________ Kara Paxton, City Clerk Treasurer Approved: Attest: This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $123.12 R esearch Park C onnector CATO SPRINGS RD INNOVATION WAY CO L E M A N A V E EM M A A V E RESEARCH CENTER BLVD DISCOVERY WAY SELLE DR CO L E M A N A V E RSF-4 UC Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 VAC-2025-0028 EXHIBIT A AREA OF EXISTING RIGHT-OF-WAY TO BE VACATED – ADJACENT TO LOT 2A (645 W. CATO SPRINGS RD, PARCEL # 765-08310-001) A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2A, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2A, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING; thence S 87°08′26″ E along said existing right-of-way 80.00 feet to the northeast corner of said lot; thence N 03°08′03″ E 3.85 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 80.00 feet to a point 3.80 feet north of the point of beginning; thence S 03°08′03″ W 3.80 feet to the point of beginning. Containing approximately 308 square feet (0.0071 acres), more or less. This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.3 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. VAC-2025-0028 EXHIBIT B Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2622 MEETING OF JANUARY 6, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: VAC-2025-0028: Vacation (SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE/WEAVER, 639): Submitted by GYANGYU ZHU-WEAVER for property located SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.19 and 0.21 acres. The request is to vacate 0.01 acres of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2025-0028 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 general utility easement shall be dedicated to cover the existing facilities along W. Cato Springs Rd as requested by AT&T. BACKGROUND: The subject properties are in south Fayetteville approximately 870 feet west of the W. Cato Springs Rd and S. School Avenue intersection. Both properties are zoned Residential Single-Family, 4 Units per Acre. Following a lot split (LSP-2024-0039), the W. Cato Springs property was subdivided, with the western half remaining undeveloped and the eastern half, 2101 S. Emma Ave, developed with a single-family dwelling constructed in 1974. A conditional use permit (CUP-2025-0047) for a two-family home was approved by the Planning Commission in October of 2025 for the property. The street right-of-way was originally platted in 1958 as part of the Meadowlark addition. Request: The applicant proposes to vacate a 0.01-acre portion of right-of-way along W. Cato Springs that extends along two properties. DISCUSSION: Staff supports the applicant’s request to vacate this right-of-way. The existing right-of-way exceeds what is typically required for a Neighborhood Link street, which is W. Cato Spring's Master Street Plan designation. The City's Transportation Division expressed opposition to the request, finding that a vacation at this width may misalign any future developed sidewalk along W. Cato Springs with what is existing. With that said, both planning and engineering staff are in support of the vacation request because the existing right-of-way (37.35’) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov is greater than what is required for the Neighborhood Link street (33.5’) that the property fronts. Further, any sidewalk required to be built with associated development along W. Cato Springs would be required to be built at the back of the master street plan right-of-way. The applicant is only requesting to vacate right-of-way to align with the typical dimension. At the December 8, 2025 Planning Commission meeting, this item was forwarded to City Council with a recommendation of approval with a vote of 6-1-0 (Chair Brink dissented). No public comment was provided during the public meeting. 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 #: 2025-2622 AN ORDINANCE TO APPROVE VAC-25-28 FOR PROPERTY LOCATED SOUTHWEST OF WEST CATO SPRINGS ROAD AND SOUTH EMMA AVENUE IN WARD 1 TO VACATE 0.01 ACRES OF RIGHT-OF-WAY WHEREAS, the City Council has the authority under Ark. Code Ann. § 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 approval is subject to the following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer’s expense. 2. A general utility easement shall be dedicated to cover the existing facilities along West Cato Springs Road, as requested by AT&T. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2025-2622 Item ID 1/6/2026 City Council Meeting Date - Agenda Item Only VAC-2025-0028: Vacation (SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE/WEAVER, 639): Submitted by GYANGYU ZHU-WEAVER for property located SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.19 and 0.21 acres. The request is to vacate 0.01 acres of right-of-way. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 12/18/2025 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 -$ -$ TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: December 8, 2025 SUBJECT: VAC-2025-0028: Vacation (SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE/WEAVER, 639): Submitted by GYANGYU ZHU-WEAVER for property located SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE. The proper ties are zoned RSF -4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.19 and 0.21 acres. The request is to vacate 0.01 acres of right -of-way. RECOMMENDATION: Staff recommends forwarding VAC-2025-0028 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: “I move to forward VAC-2025-0028 to City Council with a recommendation of approval and with conditions as recommended by staff.” BACKGROUND: The subject properties are in south Fayetteville approximately 870 feet west of the W. Cato Springs Rd and S. School Avenue intersection. Both properties are zoned Residential Single- Family,4 Units per Acre. Following a lot split (LSP-2024-0039), the W. Cato Springs property is undeveloped and the 2101 S. Emma Ave property is developed with a single-family dwelling that was constructed in 1974. A conditional use permit (CUP-2025-0047) for a two-family home was approved at the W. Cato Springs property. The street right-of-way was originally platted in 1958 as part of the Meadowlark addition. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North University of Arkansas – Research & Technology Park UC, Urban Corridor South Single-family Residential RSF-4, Residential Single Family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single Family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single Family, 4 Units per Acre Proposal: The applicant proposes to vacate a 0.01-acre portion of right-of-way along W. Cato Springs that extends along two properties. Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 1 of 25 Updated w/ meeting results DISCUSSION: Staff supports the applicant’s request to vacate this right-of-way. The existing right-of-way exceeds what is typically required for a Neighborhood Link street. The City's Transportation Division expressed opposition to the request, finding that a vacation at this width may misalign any future developed sidewalk along W. Cato Springs with what is existing. With that said, both planning and engineering staff is in support of the vacation request because the existing right-of- way (37.35’) is greater than what is required for the Neighborhood Link street (33.5’) that the property fronts. Further, any sidewalk required to be built with associated development along W. Cato Springs would be required to be built at the back of the master street plan right-of-way. The applicant is only requesting to vacate right-of-way to align with the typical dimension. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. Utility Response Cox Communications No objections, provided that any damage or relocation of existing facilities will be at the property owner/developer’s expense. AEP/SWEPCO No objections and no comments. Black Hills Energy No objections and no comments. AT&T No objections, provided that the abandoned right-of-way is converted to a general utility easement to cover the existing AT&T facilities there. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections and no comments. Solid Waste & Recycling No objections and no comments. Transportation Objects to the application, stating that a vacation would require a change in the alignment of the sidewalk along W. Cato Springs Rd. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends approval of VAC-2025-0028. Should the Planning Commission choose to forward, staff recommends 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 general utility easement shall be dedicated to cover the existing facilities along W. Cato Springs Rd as requested by AT&T. Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 2 of 25 PLANNING COMMISSION ACTION: Required YES Date: December 8, 2025 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close-Up Map • Current Land Use Map • Engineering Memo • Applicant Request Letter • Applicant Petition to Vacate • Survey Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 3 of 25 Cabe Castin 6-1-0 (Brink dissented) CATO SPRINGS RD 15TH ST SCHO OLAVE 19TH ST I-2 RMF-24 RSF-4 I-1 RPZD MSC DG P-1 NC NS-G CS UC Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway Unclassified Alley Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 4 of 25 R esearch Park C onnector CATO SPRINGS RD INNOVATION WAY CO L E M A N A V E EM M A A V E RESEARCH CENTER BLVD DISCOVERY WAY SELLE DR CO L E M A N A V E RSF-4 UC Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 5 of 25 CATO SPRINGS RD SC H O O L A V E Regional Link Neighborhood Link Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Single-Family Residential Single-Family Residential & Institutional U of A Institutional U of A 1:3,600 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 6 of 25 PETITION TO VACATE A PORTION OF RIGHT-OF-WAY ALONG THE SOUTHERLY FRONTAGE OF W CATO SPRINGS ROAD Adjacent to Lot 2A, Block 7, Meadowlark Addition, City of Fayetteville, Arkansas TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the right-of-way hereinafter sought to be vacated, lying along the southerly frontage of W Cato Springs Road, adjacent to Lot 2A, Block 7, Meadowlark Addition to the City of Fayetteville, Arkansas, hereby petition the City to vacate the following described portion of public right-of-way: Legal Description of Area to Be Vacated A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2A, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2A, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING; thence S 87°08′26″ E along said existing right-of-way 80.00 feet to the northeast corner of said lot; thence N 03°08′03″ E 3.85 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 80.00 feet to a point 3.80 feet north of the point of beginning; thence S 03°08′03″ W 3.80 feet to the point of beginning. Containing approximately 308 square feet (0.0071 acres), more or less. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 7 of 25 This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.3 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. Statement of Purpose The abutting real estate affected by said vacation is Lot 2A, Block 7, Meadowlark Addition (Parcel # 765-08310-001), located at 645 W Cato Springs Road, Fayetteville, AR 72701. The existing right-of-way extends 37.3′ to 37.35′ south of the roadway centerline, exceeding the Master Street Plan (MSP) Right-of-Way of 33.5′ by 3.8′ to 3.85′. This petition seeks to vacate that narrow excess strip to align the property boundary with the City’s adopted MSP Right-of-Way. Vacating this minor portion will not affect any utilities, drainage facilities, or public access. This adjustment will maintain the existing 15′ front setback measured from the MSP right-of-way, ensuring continued compliance with RSF-4 zoning and the City’s Neighborhood Link Street standards. WHEREFORE The undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above-described portion of public right-of-way, and that title to the vacated area be vested in the abutting property owners as provided by law. Dated this ____ day of _____________, 2025. Printed Name Christina Zhu-Weaver Signature: ___________________________ Printed Name Jesse Weaver Signature: __________________________ 2 29 Oct Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 8 of 25 PETITION TO VACATE A PORTION OF RIGHT-OF-WAY ALONG THE SOUTHERLY FRONTAGE OF W CATO SPRINGS ROAD Adjacent to Lot 2B, Block 7, Meadowlark Addition, City of Fayetteville, Arkansas TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the right-of-way hereinafter sought to be vacated, lying along the southerly frontage of W Cato Springs Road, adjacent to Lot 2B, Block 7, Meadowlark Addition to the City of Fayetteville, Arkansas, hereby petition the City to vacate the following described portion of public right-of-way: Legal Description of Area to Be Vacated A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2B, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2B, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING ; thence S 87°08′26″ E along said existing right-of-way 68.10 feet to the northeast corner of said lot at South Emma Avenue; thence N 03°08′03″ E 3.90 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 68.10 feet to a point 3.85 feet north of the point of beginning; thence S 03°08′03″ W 3.85 feet to the point of beginning. Containing approximately 266 square feet (0.0061 acres),more or less. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 9 of 25 This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.4 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. Statement of Purpose The abutting real estate affected by said vacation is Lot 2B, Block 7, Meadowlark Addition (Parcel # 765-08310-000), located at 2101 S Emma Avenue, Fayetteville, AR 72701. The existing right-of-way extends 37.35′ to 37.4′ south of the roadway centerline, exceeding the Master Street Plan (MSP) Right-of-Way of 33.5′ by 3.85′ to 3.9′. This petition seeks to vacate that narrow excess strip to align the property boundary with the City’s adopted MSP Right-of-Way. Vacating this minor portion will not affect any utilities, drainage facilities, or public access. The property is zoned RSF-4 (Residential Single-Family – Four Units per Acre) and maintains a 15′ front setback measured from the existing S Emma Avenue right-of-way and a 15′ side setback measured from the MSP W Cato Springs Road right-of-way. These setbacks ensure that all existing structures remain well outside both public right-of-way limits. WHEREFORE The undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above-described portion of public right-of-way, and that title to the vacated area be vested in the abutting property owners as provided by law. Dated this ____ day of _____________, 2025. Printed Name Christina Zhu-Weaver Signature: ___________________________ Printed Name 2 10 29 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 10 of 25 Jesse Weaver Signature: ___________________________ 3 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 11 of 25 Date: October 29, 2025 To: Planning Commissioners and City Council Members City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 Subject: Request for Right-of-Way (ROW) Adjustment to Align with Master Street Plan (MSP) Right-of-Way Dear Planning Commissioners and City Council Members, I respectfully request approval for a Right-of-Way (ROW) adjustment along the W Cato Springs Road frontage of 2101 S Emma Avenue (Parcel #765-08310-000) to align the property boundary with the City of Fayetteville’s Master Street Plan (MSP) Right-of-Way (ROW). Background and Purpose W Cato Springs Road is classified as a Neighborhood Link Street under the City’s MSP, which defines a total Maximum ROW width of 67′, extending 33.5′ south from the roadway centerline. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 12 of 25 The recorded survey (see 645 W Cato Springs & 2101 S Emma Survey) shows the existing ROW extending 37.35′ from the roadway centerline at the northwest corner and 37.4′ at the northeast corner. These measurements exceed the MSP ROW by 3.85′ and 3.9′, respectively. 2 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 13 of 25 The property is zoned RSF-4 (Residential Single-Family – Four Units per Acre) and currently contains an existing single-family home built in 1974 with 1,290 sq ft of living area. Per current zoning standards, the site maintains a 15′ front setback measured from the existing S Emma Avenue right-of-way and a 15′ side setback measured from the existing W Cato Springs Road right-of-way. These setbacks ensure that all existing structures remain well outside both public right-of-way limits. The requested ROW adjustment will simply align the W Cato Springs frontage with the adopted 33.5′ MSP Right-of-Way, consistent with the City’s Master Street Plan R/W and existing development standards. 4 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 14 of 25 Public Benefit and Policy Alignment ● Aligns the W Cato Springs Road frontage with the City’s MSP Right-of-Way. ● Maintains all public access, drainage, and utility infrastructure. 5 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 15 of 25 ● Promotes consistent corridor design and simplifies future infrastructure coordination. ● Advances City Plan 2040 Goals 3.1 and 4.2 by supporting efficient use of existing infrastructure. Conclusion This request corrects a minor survey discrepancy and aligns the W Cato Springs frontage with the City’s adopted MSP Right-of-Way (33.5′ from centerline). It does not alter existing improvements but ensures consistency with the City’s approved Neighborhood Link Street cross-section, setback standards, and RSF-4 zoning requirements. I respectfully request your approval. Thank you for your consideration. Sincerely, Christina Zhu-Weaver Apple Lily Management Company LLC 6 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 16 of 25 Date: October 29, 2025 To: Planning Commissioners and City Council Members City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 Subject: Request for Right-of-Way (ROW) Adjustment to Align with Master Street Plan (MSP) Right-of-Way Dear Planning Commissioners and City Council Members, I respectfully request approval to vacate a narrow strip of Right-of-Way along the W Cato Springs Road frontage of 645 W Cato Springs Road (Parcel #765-08310-001) to align the property boundary with the City of Fayetteville’s Master Street Plan (MSP) Right-of-Way (ROW). Background and Purpose W Cato Springs Road is classified as a Neighborhood Link Street under the City’s MSP, which defines a total Maximum ROW width of 67′, extending 33.5′ south from the roadway centerline. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 17 of 25 The recorded survey (see 645 W Cato Springs & 2101 S Emma Survey) shows the existing ROW extending 37.3′ from the roadway centerline at the northwest corner and 37.35′ at the northeast corner. These measurements exceed the MSP ROW by 3.8′ and 3.85′, respectively. 2 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 18 of 25 The previous site-plan approval (RESI-2025-0240 and RESI-2025-0239) for a single-family home and ADU included an 8′-wide, 80′-long public sidewalk within the MSP ROW, per Planning staff’s request. The Conditional Use Permit (CUP) for a two-family dwelling at this address was approved by the Planning Commission on October 13, 2025. The current duplex project will construct this required sidewalk consistent with the MSP ROW alignment. 4 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 19 of 25 5 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 20 of 25 This ROW vacation removes the excess frontage area so that the property boundary aligns with the adopted 33.5′ MSP ROW for Neighborhood Link Streets. 6 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 21 of 25 The property is zoned RSF-4 (Residential Single-Family – Four Units per Acre) and maintains the required 15′ front setback measured from the existing right-of-way. The requested adjustment does not alter or reduce this setback. Once the frontage is aligned with the adopted 33.5′ MSP Right-of-Way, the property will continue to meet all setback and zoning requirements. Public Benefit and Policy Alignment ● Aligns the W Cato Springs Road frontage with the City’s MSP Right-of-Way. ● Preserves all public access, drainage, and utility infrastructure. ● Promotes uniform corridor design and simplifies future infrastructure coordination. 7 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 22 of 25 ● Advances City Plan 2040 Goals 4.2 and 5.3 by supporting context-sensitive infill and efficient land use. 8 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 23 of 25 Conclusion This request corrects a survey discrepancy and aligns the W Cato Springs frontage with the City’s adopted MSP Right-of-Way (33.5′ from centerline). It does not alter existing improvements but ensures consistency with the City’s approved Neighborhood Link Street cross-section, setback standards, and RSF-4 zoning requirements. I respectfully request your approval. Thank you for your consideration. Sincerely, Christina Zhu-Weaver Apple Lily Management LLC 9 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 24 of 25 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 25 of 25 1/13/2026 Ordinance: 6958 File Number: 2025-2622 AN ORDINANCE TO APPROVE VAC-25-28 FOR PROPERTY LO- CATED SOUTHWEST OF WEST CATO SPRINGS ROAD AND SOUTH EMMA AVENUE IN WARD 1 TO VACATE 0.01 ACRES OF RIGHT-OF-WAY WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54-104 to va- cate public grounds or portions thereof which are not required for corporate 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 Council of the City of Fayet- teville, 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 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. Any damage to or reloca- tion of existing facilities will be at the property owner/devel- oper's expense. 2. A general utility easement shall be dedicated to cover the existing facilities along West Cato Springs Road, as re- quested by AT&T. PASSED and APPROVED on January 6, 2026 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: $123.12 January 11,2026 568454