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Home My WebLink AboutOrdinance 6966Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6966 File Number: 2026-107 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 February 3, 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 Research Park Connector CATO SPRINGS RD INN O VAT IO N 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 AREA OF EXISTING RIGHT-OF-WAY TO BE VACATED – ADJACENT to LOT 2B (2101 S. EMMA AVE, PARCEL # 765-08310-000) 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. 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. GIS Approved 11/04/2025 VAC-2025-0028 EXHIBIT B 1/14/2026 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 2026-107 Item ID 2/3/2026 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 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-107 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. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-107 MEETING OF FEBRUARY 3, 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 property is 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 initially expressed opposition to the request, finding that a vacation at this width may misalign any future developed sidewalk along W. Cato Springs with what exists. In evaluating the concern, both planning and engineering staff are in support of the vacation request because the existing right- Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov 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, not the existing 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. At the January 6, 2026 City Council meeting, VAC-2025-0028 was approved; however, the legal description for 2101 S. Emma Ave. was not included in the submittal. Both properties' legal descriptions have been included on this item to redress the issue and consolidate potential approval of the vacation into one ordinance. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report 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 SC H O O LAVE 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 Research Park Connector CATO SPRINGS RD INN O VAT IO N 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. 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: __________________________ 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 Da t e : O c t o b e r 2 9 , 2 0 2 5 To : Pl a n n i n g C o m m i s s i o n e r s a n d C i t y C o u n c i l M e m b e r s Ci t y o f F a y e t t e v i l l e , A r k a n s a s 11 3 W M o u n t a i n S t r e e t Fa y e t t e v i l l e , A R 7 2 7 0 1 Su b j e c t : Re q u e s t f o r R i g h t - o f - W a y ( R O W ) A d j u s t m e n t t o A l i g n w i t h M a s t e r S t r e e t P l a n ( M S P ) R i g h t - o f - W a y De a r P l a n n i n g C o m m i s s i o n e r s a n d C i t y C o u n c i l M e m b e r s , I r e s p e c t f u l l y r e q u e s t a p p r o v a l f o r a R i g h t - o f - W a y ( R O W ) a d j u s t m e n t a l o n g t h e W C a t o S p r i n g s R o a d f r o n t a g e o f 2 1 0 1 S E m m a Av e n u e ( P a r c e l # 7 6 5 - 0 8 3 1 0 - 0 0 0 ) t o a l i g n t h e p r o p e r t y b o u n d a r y w i t h t h e C i t y o f F a y e t t e v i l l e ’ s M a s t e r S t r e e t P l a n ( M S P ) Ri g h t - o f - W a y ( R O W ) . Ba c k g r o u n d a n d P u r p o s e W C a t o S p r i n g s R o a d i s c l a s s i f i e d a s a Ne i g h b o r h o o d L i n k S t r e e t u n d e r t h e C i t y ’ s M S P , w h i c h d e f i n e s a t o t a l M a x i m u m R O W w i d t h of 6 7 ′ , e x t e n d i n g 3 3 . 5 ′ s o u t h f r o m t h e r o a d w a y c e n t e r l i n e . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 12 of 25 Th e r e c o r d e d s u r v e y ( s e e 64 5 W C a t o S p r i n g s & 2 1 0 1 S E m m a S u r v e y ) s h o w s t h e e x i s t i n g R O W e x t e n d i n g 3 7 . 3 5 ′ f r o m t h e r o a d w a y ce n t e r l i n e a t t h e n o r t h w e s t c o r n e r a n d 3 7 . 4 ′ a t t h e n o r t h e a s t c o r n e r . Th e s e m e a s u r e m e n t s e x c e e d t h e M S P R O W b y 3 . 8 5 ′ a n d 3 . 9 ′ , r e s p e c t i v e l y . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 13 of 25 Th e p r o p e r t y i s z o n e d R S F - 4 ( R e s i d e n t i a l S i n g l e - F a m i l y – F o u r U n i t s p e r A c r e ) a n d c u r r e n t l y c o n t a i n s a n e x i s t i n g s i n g l e - f a m i l y h o m e bu i l t i n 1 9 7 4 w i t h 1 , 2 9 0 s q f t o f l i v i n g a r e a . Pe r c u r r e n t z o n i n g s t a n d a r d s , t h e s i t e m a i n t a i n s a 1 5 ′ f r o n t s e t b a c k m e a s u r e d f r o m t h e e x i s t i n g S E m m a A v e n u e r i g h t - o f - w a y a n d a 15 ′ s i d e s e t b a c k m e a s u r e d f r o m t h e e x i s t i n g W C a t o S p r i n g s R o a d r i g h t - o f - w a y . T h e s e s e t b a c k s e n s u r e t h a t a l l e x i s t i n g s t r u c t u r e s re m a i n w e l l o u t s i d e b o t h p u b l i c r i g h t - o f - w a y l i m i t s . Th e r e q u e s t e d R O W a d j u s t m e n t w i l l s i m p l y a l i g n t h e W C a t o S p r i n g s f r o n t a g e w i t h t h e a d o p t e d 3 3 . 5 ′ M S P R i g h t - o f - W a y , c o n s i s t e n t wi t h t h e C i t y ’ s M a s t e r S t r e e t P l a n R / W a n d e x i s t i n g d e v e l o p m e n t s t a n d a r d s . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 14 of 25 Pu b l i c B e n e f i t a n d P o l i c y A l i g n m e n t ● Al i g n s t h e W C a t o S p r i n g s R o a d f r o n t a g e w i t h t h e C i t y ’ s M S P R i g h t - o f - W a y . ● Ma i n t a i n s a l l p u b l i c a c c e s s , d r a i n a g e , a n d u t i l i t y i n f r a s t r u c t u r e . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 15 of 25 ● Pr o m o t e s c o n s i s t e n t c o r r i d o r d e s i g n a n d s i m p l i f i e s f u t u r e i n f r a s t r u c t u r e c o o r d i n a t i o n . ● Ad v a n c e s C i t y P l a n 2 0 4 0 G o a l s 3 . 1 a n d 4 . 2 b y s u p p o r t i n g e f f i c i e n t u s e o f e x i s t i n g i n f r a s t r u c t u r e . Co n c l u s i o n Th i s r e q u e s t c o r r e c t s a m i n o r s u r v e y d i s c r e p a n c y a n d a l i g n s t h e W C a t o S p r i n g s f r o n t a g e w i t h t h e C i t y ’ s a d o p t e d M S P R i g h t - o f - W a y (3 3 . 5 ′ f r o m c e n t e r l i n e ) . It d o e s n o t a l t e r e x i s t i n g i m p r o v e m e n t s b u t e n s u r e s c o n s i s t e n c y w i t h t h e C i t y ’ s a p p r o v e d N e i g h b o r h o o d L i n k S t r e e t c r o s s - s e c t i o n , se t b a c k s t a n d a r d s , a n d R S F - 4 z o n i n g r e q u i r e m e n t s . I r e s p e c t f u l l y r e q u e s t y o u r a p p r o v a l . Th a n k y o u f o r y o u r c o n s i d e r a t i o n . Si n c e r e l y , Ch r i s t i n a Z h u - W e a v e r Ap p l e L i l y M a n a g e m e n t C o m p a n y L L C Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 16 of 25 Da t e : O c t o b e r 2 9 , 2 0 2 5 To : Pl a n n i n g C o m m i s s i o n e r s a n d C i t y C o u n c i l M e m b e r s Ci t y o f F a y e t t e v i l l e , A r k a n s a s 11 3 W M o u n t a i n S t r e e t Fa y e t t e v i l l e , A R 7 2 7 0 1 Su b j e c t : R e q u e s t f o r R i g h t - o f - W a y ( R O W ) A d j u s t m e n t t o A l i g n w i t h M a s t e r S t r e e t P l a n ( M S P ) R i g h t - o f - W a y De a r P l a n n i n g C o m m i s s i o n e r s a n d C i t y C o u n c i l M e m b e r s , I r e s p e c t f u l l y r e q u e s t a p p r o v a l t o v a c a t e a n a r r o w s t r i p o f R i g ht - o f - W a y a l o n g t h e W C a t o S p r i n g s R o a d f r o n t a g e o f 64 5 W C a t o Sp r i n g s R o a d ( P a r c e l # 7 6 5 - 0 8 3 1 0 - 0 0 1 ) t o a l i g n t h e p r o p e r t y b o u n d a r y w i t h t h e C i t y o f F a y e t t e v i l l e ’ s Ma s t e r S t r e e t P l a n ( M S P ) Ri g h t - o f - W a y ( R O W ) . Ba c k g r o u n d a n d P u r p o s e W C a t o S p r i n g s R o a d i s c l a s s i f i e d a s a Ne i g h b o r h o o d L i n k S t r e e t un d e r t h e C i t y ’ s M S P , w h i c h d e f i n e s a t o t a l M a x i m u m R O W w i d t h of 67 ′ , e x t e n d i n g 33 . 5 ′ s o u t h f r o m t h e r o a d w a y c e n t e r l i n e . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 17 of 25 Th e r e c o r d e d s u r v e y ( s e e 64 5 W C a t o S p r i n g s & 2 1 0 1 S E m m a S u r v e y ) s h o w s t h e e x i s t i n g R O W e x t e n d i n g 37 . 3 ′ f r o m t h e r o a d w a y ce n t e r l i n e a t t h e n o r t h w e s t c o r n e r a n d 37 . 3 5 ′ a t t h e n o r t h e a s t c o r n e r . T h e s e m e a s u r e m e n t s e x c e e d t h e M S P R O W b y 3. 8 ′ a n d 3. 8 5 ′ , re s p e c t i v e l y . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 18 of 25 Th e p r e v i o u s s i t e - p l a n a p p r o v a l ( RE S I - 2 0 2 5 - 0 2 4 0 a n d RE S I - 2 0 2 5 - 0 2 3 9 ) f o r a s i n g l e - f a m i l y h o m e a n d A D U i n c l u d e d a n 8′ - w i d e , 80 ′ - l o n g p u b l i c s i d e w a l k w i t h i n t h e M S P R O W , p e r P l a n n i n g s t a f f ’ s r e q u e s t . Th e Co n d i t i o n a l U s e P e r m i t ( C U P ) f o r a t w o - f a m i l y d w e l l i n g a t t h i s a d d r e s s w a s a p p r o v e d b y t h e P l a n n i n g C o m m i s s i o n o n Oc t o b e r 13 , 2 0 2 5 . T h e c u r r e n t d u p l e x p r o j e c t w i l l c o n s t r u c t t h i s r e q u i r e d s i d e w a l k c o n s i s t e n t w i t h t h e M S P R O W a l i g n m e n t . 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 Th i s R O W v a c a t i o n r e m o v e s t h e e x c e s s f r o n t a g e a r e a s o t h a t t h e p r o p e r t y b o u n d a r y a l i g n s w i t h t h e a d o p t e d 33 . 5 ′ M S P R O W f o r Ne i g h b o r h o o d L i n k S t r e e t s . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 21 of 25 Th e p r o p e r t y i s z o n e d R S F - 4 ( R e s i d e n t i a l S i n g l e - F a m i l y – F o u r U n i t s p e r A c r e ) a n d m a i n t a i n s t h e r e q u i r e d 1 5 ′ f r o n t s e t b a c k me a s u r e d f r o m t h e e x i s t i n g r i g h t - o f - w a y . T h e r e q u e s t e d a d j u s t m e n t d o e s n o t a l t e r o r r e d u c e t h i s s e t b a c k . O n c e t h e f r o n t a g e i s al i g n e d w i t h t h e a d o p t e d 3 3 . 5 ′ M S P R i g h t - o f - W a y , t h e p r o p e r t y w i l l c o n t i n u e t o m e e t a l l s e t b a c k a n d z o n i n g r e q u i r e m e n t s . Pu b l i c B e n e f i t a n d P o l i c y A l i g n m e n t ● Al i g n s t h e W C a t o S p r i n g s R o a d f r o n t a g e w i t h t h e C i t y ’ s M S P R i g h t - o f - W a y . ● Pr e s e r v e s a l l p u b l i c a c c e s s , d r a i n a g e , a n d u t i l i t y i n f r a s t r u c t u re . ● Pr o m o t e s u n i f o r m c o r r i d o r d e s i g n a n d s i m p l i f i e s f u t u r e i n f r a s t r u c t u r e c o o r d i n a t i o n . Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 22 of 25 ● Ad v a n c e s Ci t y P l a n 2 0 4 0 G o a l s 4 . 2 a n d 5 . 3 b y s u p p o r t i n g c o n t e x t - s e n s i t i v e i n f i l l a n d e f f i c i e n t l a n d u s e . 8 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 23 of 25 Co n c l u s i o n Th i s r e q u e s t c o r r e c t s a s u r v e y d i s c r e p a n c y a n d a l i g n s t h e W C a t o S p r i n g s f r o n t a g e w i t h t h e C i t y ’ s a d o p t e d MS P R i g h t - o f - W a y ( 3 3 . 5 ′ fr o m c e n t e r l i n e ) . It d o e s n o t a l t e r e x i s t i n g i m p r o v e m e n t s b u t e n s u r e s c o n s i s t e n c y w i t h t h e C i t y ’ s a p p r o v e d N e i g h b o r h o o d L i n k S t r e e t c r o s s - s e c t i o n , se t b a c k s t a n d a r d s , a n d R S F - 4 z o n i n g r e q u i r e m e n t s . I r e s p e c t f u l l y r e q u e s t y o u r a p p r o v a l . Th a n k y o u f o r y o u r c o n s i d e r a t i o n . Si n c e r e l y , Ch r i s t i n a Z h u - W e a v e r Ap p l e L i l y M a n a g e m e n t L L C 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 Form v1 55 NVCEIVEn\ A R 2/9/2026Li Media CITY OF FAYETT/2026 EVIL.E CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 574781 PO #: Matter of: ORD 6966 AFFIDAVIT•STATE OF ARKANSAS 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 6966 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$123.12. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 L(/l.C \\\\� wRIASHr./0i Legal Clerk `�. �G ........•,. F9 g \ ••4s ON 4.. State of ARKANSAS,County of Sebastian _ v OSAR y „.• Subscribed and sworn to before me on this 9th day of February, 2026 = G r;... PUB\-� ti:'Q �, r T•'`?h1 i< CTS v ....• y- NO Y PUBLIC Ordinance:6966 File Number:2026-107 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 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 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 February 3,2026 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 February 8,2026 574781