HomeMy WebLinkAboutOrdinance 6996Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6996
File Number: 2026-1341
AN ORDINANCE TO APPROVE VAC-26-01 FOR PROPERTY LOCATED AT 1834 WEST KAYWOOD
LANE IN WARD 1 TO VACATE 0.05 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.Any existing water or sewer line within the vacated right-of-way shall be granted a 20-foot utility easement,
centered on the location of the existing line.
3.Any easements required for future development shall be dedicated as necessary.
PASSED and APPROVED on May 5, 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: $129.20
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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Unclassified
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Planning Area
Fayetteville City Limits
Trail (Proposed)
Close Up View
VAC-2026-0001 1834 W. KAYWOOD LN
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
EXHIBIT A
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
April 6, 2026
Re: Legal description of a portion of West Kaywood Lane being vacated adjacent to
Parcel #765-11672-000
A PART OF THE PLATTED RIGHT-OF-WAY OF WEST KAYWOOD LANE LOCATED ADJACENT TO THE SOUTH
LINE OF LOT 6 IN BLOCK 1 OF VALLEY VISTA SUBDIVISION TO THE CITY OF FAYETTEVILLE, AS PER THE
FINAL PLAT THEREOF FILED IN BOOK 1 AT PAGE 153 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID RIGHT-OF-WAY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID
RIGHT-OF-WAY WHICH IS S87°04'59"E 75.33' FROM AN EXISTING PIPE MARKING THE SOUTHWEST
CORNER OF SAID LOT 6 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 45.00' FOR A CHORD BEARING AND DISTANCE OF S87°04'59"E 86.64',
THENCE LEAVING SAID RIGHT-OF-WAY N87°04'59"W 86.64' TO THE POINT OF BEGINNING, CONTAINING
0.05 ACRES, MORE OR LESS.
EXHIBIT B
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-1341
MEETING OF MAY 5, 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-2026-0001: Vacation (1834 W. KAYWOOD LN/BOLES, 520): Submitted by
CONNIE BOLES for property located at 1834 W. KAYWOOD LN in WARD 1. The
property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and
contains approximately 0.26 acres. The request is to vacate 0.05 acres of right-of-
way.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of VAC-2026-0001 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. Any existing water or sewer line within the vacated right-of-way shall be granted a 20-foot utility
easement, centered on the location of the existing line;
3. Any easements required for future development shall be dedicated as necessary.
BACKGROUND:
The subject area is in west Fayetteville, southeast of Ramay Junior High, and approximately 300 feet
southwest of the W. Mitchell St and S. Gabbard Dr intersection. The subject property contains one parcel along
W. Kaywood Ln which totals approximately 0.26 of an acre and is undeveloped as of 2022 when a single-
family home was demolished.
Request: The applicant proposes to vacate a portion of undeveloped street right-of-way totaling 0.05 acres.
DISCUSSION:
City staff supports the applicant’s request to vacate the subject right-of-way, with conditions. The right-of-way
was originally dedicated in 1964 as part of the Valley Vista Subdivision for a potential semi-cul-de-sac, with the
condition that it would revert to the property owner if W. Kaywood Ln were ever extended. Following
approximately 60 years without extension of Kaywood and with a staff evaluation indicating no anticipated
future need for the cul de sac, staff finds that returning the right-of-way does not conflict with the public's
interest and may allow for additional development on the site.
At the April 13, 2026 Planning Commission meeting, this item was unanimously forwarded to City Council with
a recommendation of approval as part of the consent agenda by a vote of 8-0-1. Commissioner Brink was
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
absent at the time of the vote. Commissioner Brewer made the motion and Commissioner Cabe seconded. No
public comment was made.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-1341
AN ORDINANCE TO APPROVE VAC-26-01 FOR PROPERTY LOCATED AT 1834 WEST
KAYWOOD LANE IN WARD 1 TO VACATE 0.05 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. Any existing water or sewer line within the vacated right-of-way shall be granted a 20-foot
utility easement, centered on the location of the existing line.
3. Any easements required for future development shall be dedicated as necessary.
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
4/14/2026
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
2026-1341
Item ID
5/5/2026
City Council Meeting Date - Agenda Item Only
VAC-2026-0001: Vacation (1834 W. KAYWOOD LN/BOLES, 520): Submitted by CONNIE BOLES for property located
at 1834 W. KAYWOOD LN in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER
ACRE and contains approximately 0.26 acres. The request is to vacate 0.05 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:
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Wesley Frank, Planner
MEETING DATE: April 13, 2026
SUBJECT: VAC-2026-0001: Vacation (1834 W. KAYWOOD LN/BOLES, 520):
Submitted by CONNIE BOLES for property located at 1834 W. KAYWOOD
LN. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24
UNITS PER ACRE and contains approximately 0.26 acres. The request is
to vacate 0.05 acres of right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2026-0001 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward VAC-2026-0001 to City Council with a recommendation of approval, with all
conditions as outlined by staff.”
BACKGROUND:
The subject area is in central Fayetteville approximately 300 feet south of the W. Mitchell St and
S. Gabbard Dr intersection. The subject property contains one parcel along W. Kaywood Ln which
totals approximately 0.26 of an acre and is undeveloped as of 2022 when a single-family home
was demolished. The subject area does not fall within any overlay districts or Master Plan areas.
Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre
South Two- and Multi-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre
East Multi-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre
West Two-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre
Proposal: The applicant proposes to vacate a portion of developed street right-of-way totaling
0.05 acres.
DISCUSSION:
Staff recommends approval of the request. The right‑of‑way was originally dedicated in 1964 as
part of the Valley Vista Subdivision for a potential semi‑cul‑de‑sac, with the condition that it would
revert to the property owner if W. Kaywood Ln were ever extended. Staff does not anticipate any
future need to extend the street or construct the cul‑de‑sac, and vacating this segment will not
affect compliance with the Master Street Plan. Returning the right‑of‑way to the property owner
will also allow additional development on the site.
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 1 of 9
Updated w/ meeting results
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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, but noted that additional easements may be
needed dependent on future development.
Ozarks Electric No objections and no comments.
City of Fayetteville Response
Water/Sewer No objections, provided any and all water/sewer lines within the
vacated right-of-way shall be granted a 20-foot utility easement
centered on the existing utility.
Solid Waste & Recycling No objections and no comments.
Transportation No objections and no comments.
Public Comment: To date, staff has not received any public comment on this item.
RECOMMENDATION: Staff recommends forwarding VAC-2026-0001 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. Any existing water or sewer line within the vacated right‑of‑way shall be granted a 20‑foot
utility easement, centered on the location of the existing line;
3. Any easements required for future development shall be dedicated as necessary.
____________________________________________________________________________
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 2 of 9
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
PLANNING COMMISSION ACTION: Required YES
Date: April 13, 2026 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Project Maps
o One Mile Map
o Close-Up Map
o Current Land Use Map
• Applicant Exhibits
o Applicant Request Letter
o Applicant Petition to Vacate
o Survey – Right-of-way to be Vacated
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 3 of 9
Brewer
Cabe
8-0-1 Commissioner Brink was absent at the time of the vote.
This item was placed
on consent.
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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Freeway/Expressway
Unclassified
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Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
VAC-2026-0001 1834 W. KAYWOOD LN N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 4 of 9
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Close Up View
VAC-2026-0001 1834 W. KAYWOOD LN
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 5 of 9
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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2025 Imagery | EagleView Technologies | Surdex Corporation
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
VAC-2026-0001 1834 W. KAYWOOD LN N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential
Multi-Family Residential
Mixed Residential
Multi-Family Residential
1:3,600
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 6 of 9
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 7 of 9
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 8 of 9
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Planning Commission
April 13, 2026
VAC-2026-0001 (BOLES)
Page 9 of 9
Per the vacation checklist:(2) Metes and bounds legal description of the area to bevacated, not the entire property (this may be included on the survey plat).
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370