HomeMy WebLinkAboutOrdinance 7023Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7023
File Number: 2026-2395
AN ORDINANCE TO APPROVE VAC-26-04 FOR PROPERTY LOCATED AT 200 SOUTH SKYLINE
DRIVE IN WARD 1 TO VACATE 0.015 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 or relocation of existing facilities will be at the property owners/developer’s expense.
2.Any easements necessary for utility provision or otherwise at this location shall be granted with the
associated concurrent plat.
PASSED and APPROVED on August 4, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
___________________________________
Courtney Spohn, Senior Deputy City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 120.08
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
SKYLINE DR
RODGERS DR
TEXAS WAY
RO
D
G
E
R
S
DR
PUBLIC800
SOUTHERN
HEIGHTS PL
LIGHTON TRL
P-1
RSF-4
Residential Link
Hillside-Hilltop Overlay District
Planning Area
Fayetteville City Limits
Trail (Proposed)
Close Up View
VAC-2026-0004 200 S SKYLINE DR
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
EXHIBIT A
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
RIGHT-OF-WAY VACATION LEGAL DESCRIPTION:
COMMENCING at an existing 1/2" rebar found at the Northeast corner (NE/Cor) of Lot 106
Western Methodist Assembly; Thence N 47°30'39" W along the North line of said Lot 106 a
distance of forty-eight (48) feet; Thence N 52°54'39" W along the North line of said Lot 92 a
distance of 73.80 feet; Thence along a curve to the left having a radius of twenty (20) feet
and being subtended by a chord bearing N 86°52'00" W a distance of 22.34 feet, to the
POINT OF BEGINNING; Thence along a curve to the left having a radius of twenty (20) feet
and being subtended by a chord bearing S 45°31'13" W and chord distance of 9.44 feet;
Thence along a curve to the right having a radius of one hundred-twenty (120) feet and
being subtended by a chord bearing S 34°55'53" W and chord distance of 12.85 feet;
Thence along a curve to the left having a radius of twenty (20) feet and being subtended by
a chord bearing S 1°48'48" E and chord distance of 25.61 feet; Thence S 41°37'35" E a
distance of 26.75 feet; Thence along a non-tangential curve to the right having a radius of
169.82 feet and being subtended by a chord bearing N 4°05'19" W and chord distance of
62.90 feet, along the south line of said Lot 92, to the POINT OF BEGINNING, containing 671
square feet, more or less.
EXHIBIT B
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2395
MEETING OF AUGUST 4, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: VAC-2026-0004: Vacation (200 S SKYLINE DR/ROY E HATCHER, 486): Submitted by
CITY OF FAYETTEVILLE STAFF for property located at 200 S SKYLINE DR. in WARD
1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRES and contains approximately 0.13 acres. The request is to vacate 0.015 acres
of existing right-of-way.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to vacate right-of-way as
shown in Exhibits A and B with the following conditions:
1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense;
2. Any easements necessary for utility provision or otherwise at this location shall be granted with the
associated concurrent plat.
BACKGROUND:
The subject property is at 200 S. Skyline Drive, at the southern edge of the Mount Sequoyah Center site. The
property is currently zoned RSF-4, Residential Single-Family, 4 Units per Acre, and contains approximately
0.10 acres.
In November of 2024, the homeowner notified the City that his home had been flooded due to the collapse of a
private culvert under the structure, and the home was vacated for safety. On December 17, 2024, the City
Council approved a new Stormwater Management Utility Fee, which was adopted and took effect in early
2025. This new funding mechanism allows for the City to make necessary stormwater improvements in areas
to protect citizens’ homes, businesses, and institutions from the increasing dangers of flooding. City officials
determined that a stormwater improvement project in this area would qualify for the capital improvement plan
and began to work through a design concept with Burns and McDonnell Engineering Company. The new storm
drain inlets, pipes, and overland flow channels in the vicinity of Skyline Drive and E Texas Way will improve
stormwater conveyance and reduce flooding of adjacent properties by relocating the storm drainage network.
An associated re-plat of the lot in question was approved by the Planning Commission on June 22, 2026
(CCP-2026-0005). The Board of Adjustment also approved an allowance for the property owner to build back
the existing structure within a time frame of 18 months from the time the associated drainage project has been
completed.
Request: The applicant proposes to vacate a 0.015-acre portion of right-of-way that currently overlaps the
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
existing structure. The requested vacation will clear up title and return some property to 200 S. Skyline Drive in
line with the master street plan allowances in the area.
Public Comment: Staff did not receive any public comment relating to the request.
DISCUSSION:
At the June 22, 2026 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with
a recommendation of approval. Commissioners offered little comment, finding in favor of the request. No public
comment was heard at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2395
AN ORDINANCE TO APPROVE VAC-26-04 FOR PROPERTY LOCATED AT 200 SOUTH
SKYLINE DRIVE IN WARD 1 TO VACATE 0.015 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 or relocation of existing facilities will be at the property owners/developer’s
expense.
2. Any easements necessary for utility provision or otherwise at this location shall be granted
with the associated concurrent plat.
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
7/16/2026
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
2026-2395
Item ID
8/4/2026
City Council Meeting Date - Agenda Item Only
VAC-2026-0004: Vacation (200 S SKYLINE DR/ROY E HATCHER, 486): Submitted by CITY OF FAYETTEVILLE for
property located at 200 S SKYLINE DR. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRES and contains approximately 0.13 acres. The request is to vacate 0.015 acres of existing 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: E260182B-BCAF-8DEF-8374-60A383E91465
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
MEETING DATE: June 22, 2026
SUBJECT: VAC-2026-0004: Vacation (200 S SKYLINE DR/ROY E HATCHER, 486):
Submitted by CITY OF FAYETTEVILLE for property located at 200 S
SKYLINE DR. The property is zoned RSF -4, RESIDENTIAL SINGLE -
FAMILY, FOUR UNITS PER ACRES and contains approximately 0.13
acres. The request is to vacate 0.015 acres of existing right -of-way.
RECOMMENDATION:
Staff recommends approval of VAC-2026-0004.
RECOMMENDED MOTION:
“I move to forward VAC-2026-0004 to City Council with a recommendation of approval and with
conditions as recommended by staff.”
BACKGROUND:
The subject property is at the southern edge of the Mount Sequoyah Center site at 200 S Skyline
Drive. The property is currently zoned RSF-4, Residential Single-Family, 4 Units per Acre, and
contains approximately 0.10 acres. The City of Fayetteville is currently working on a stormwater
management project here with newly available CIP funding through the Stormwater Management
Utility that was approved by City Council in 2024. An associated re-plat of the lot in question is
also under review by the Planning Commission (CCP-2026-0005). The Board of Adjustment
approved an allowance for the property owner to build back the existing structure within a time
frame of 18 months from the time the associated drainage project has been completed.
Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Mount Sequoyah Center P-1, Institutional
South Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
East Mount Sequoyah Center;
Single-Family Residential
P-1, Institutional;
RSF-4, Residential Single-Family, 4 Units per Acre
West Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
Proposal: The applicant proposes to vacate a 0.015-acre portion of right-of-way that currently
overlaps an existing structure at 200 S. Skyline Drive.
DISCUSSION:
Staff supports the applicant’s request to vacate this right-of-way, finding that it will improve an
existing non-conforming situation. In November of 2024, the homeowner notified the City that his
home had been flooded due to the collapse of a private culvert under the structure, and the home
was vacated for safety. On December 17, 2024, the City Council approved a new Stormwater
Management Utility Fee, which was adopted and took effect in early 2025. This new funding
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 1 of 9
Updated with results
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
mechanism allows for the City to make necessary stormwater improvements in areas to protect
citizens’ homes, businesses, and institutions from the increasing dangers of flooding. City officials
determined that a stormwater improvement project in this area would qualify for the CIP program
and began to work through a design concept with Burns and McDonnell Engineering Company.
The new storm drain inlets, pipes, and overland flow channels in the vicinity of Skyline Drive and
E Texas Way will improve stormwater conveyance and reduce flooding of adjacent properties by
relocating the storm drainage network. Through the review process, staff identified
inconsistencies in the property lines for 200 S. Skyline based on deed and title research. To
resolve these issues—and to return unused portions of right‑of‑way that currently encumber the
existing structure—staff initiated a right‑of‑way vacation on behalf of the property owner so the
site can be replatted accurately. This cleanup will remove overlapping right‑of‑way, correct the
parcel boundary, and improve the property’s future developability in support of long‑term City
goals.
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 and no comments.
AEP/SWEPCO No objections and no comments.
Black Hills Energy No objections and no comments.
AT&T No objections. Per AT&T records, there appears to be an existing
buried copper cable from 1992 that is still in service along the
eastern side of E. Texas Way, this cable needs to remain. If it
needs to be relocated from this vacation, those costs will be borne
by the petitioner.
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 No objections and no comments.
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends approval of VAC-2026-0004. 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. Any easements necessary for utility provision or otherwise at this location shall be granted
with the associated concurrent plat.
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 2 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
PLANNING COMMISSION ACTION: Required YES
Date: June 22, 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 Request Letter
• Applicant Petition to Vacate
• Survey
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 3 of 9
Brink
Cabe
7-0-0
with all conditions as
recommended by staff.
X
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
HUNTSVILLERD
MISSION
BLVD
HUNTSVILLE RD
MARTIN LUTHERKINGJRBLVD
LAFAYETTE ST
RMF-24
R-O
I-1
RSF-4
R-A
RSF-8
RMF-6
P-1
DG
NC
CS
RI-U
RPZD
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
VAC-2026-0004 200 S SKYLINE DR N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 4 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
SKYLINE DR
RODGERS DR
TEXAS WAY
RO
D
G
E
R
S
DR
PUBLIC800
SOUTHERN
HEIGHTS PL
LIGHTON TRL
P-1
RSF-4
Residential Link
Hillside-Hilltop Overlay District
Planning Area
Fayetteville City Limits
Trail (Proposed)
Close Up View
VAC-2026-0004 200 S SKYLINE DR
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 5 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
SKYLINE DR
ASSEMBLY
DR
RODGERS DR
2026 Imagery | Bowman | EagleView Technologies
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
VAC-2026-0004 200 S SKYLINE DR N
0 225 450 675 900112.5
Feet
Subject Property
Mixed Use
Single-Family Residential
Mixed Use
1:3,600
Mixed Use
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 6 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
June 15, 2026
Planning Staff,
The purpose of this letter is to describe the scope, nature, and intent of a concurrent plat
application for the property located at 200 S Skyline Drive, and to formally request the vacation
of a portion of the existing, previously platted right-of-way associated with this parcel.
Intent and Nature of the Concurrent Plat Application and Right-of-Way Vacation Request
The intent of the concurrent plat application, in conjunction with the right-of-way vacation
request is to resolve uncertainties regarding the location and extent of existing property lines
and right-of-way relative to the current development on the property and to create a more
accurate property boundary configuration based on filed legal descriptions. Approximately 671
square feet will be vacated.
Board of Adjustment Variance
A request for a Board of Adjustment Variance is due to Chapter 164.12(A)(5). The property
owner has exceeded the 18 months allowed to rebuild the structure currently on the property.
The variance sought to increase the timeline from 18 months to 5 years. At the recent Board of
Adjustment meeting, the board granted a variance for 18 months from the time of final
completion of the drainage project that the city will construct in the vicinity.
We appreciate your consideration of this application. Please reach out if additional information
or clarification is needed.
Sincerely,
Amanda Swope
Stormwater Project Manager
Stormwater Department – Public Works Division
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 7 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 8 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
LOT 106
Ex 1/2"
Rebar
20'
T
O
C
E
N
T
E
R
L
I
N
E
40'
R
I
G
H
T
-
O
F
-
W
A
Y
POINT OF BEGINNING
PHYSICAL CENTERLINE
DECK
PATIO
GRAVEL
DRIVE
GRAVEL
DRIVE
DECK
EXISTING RESIDENCE
R=20.00'
CB=S 45°31'13" W
CD=9.44'
L=9.53'
R=120.00'
CB=S 34°55'53" W
CD=12.85'
L=12.85'
R=20.00'
CB=S 1°48'48" E
CD=25.61'
L=27.79'
S 4
1
°
3
7
'
3
5
"
E
2
6
.
7
5
'
R=169.82'
CB=N 4°05'19" W
CD=62.90'
L=63.27'
N 47
°
3
0
'
3
9
"
W
4
8
.
0
0
'
N 52
°
5
4
'
3
9
"
W
7
3
.
8
0
'
R=20.00'
CB=N 86°52'00" W
CD=22.34'
L=23.71'
0.015 AC
671.02 sf LOT 92
EXISTING RESIDENCE Sky
l
i
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D
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e
40 R
/
W
,
A
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p
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a
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e
x
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W
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y
40
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/
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,
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t
GRID COORDS.
N=636,522.41
E=678,358.59
POINT OF COMMENCEMENT
Northeast Corner of Lot 106
Western Methodist Assembly
PART OF SEC. 15, T-16-N, R-30-W,
FAYETTEVILLE, ARKANSAS
SURVEYOR'S OPINION
This drawing is a graphic illustration of the proposed
replat and associated easements for the subject
property. This exhibit does not represent a survey
establishing property boundary limits.
EXHIBIT "A"
RIGHT-OF-WAY VACATION
RIGHT-OF-WAY VACATION
Drawn By:AMS Date:3.17.26
Approved By:AMS Date:3.17.26
Revisions:RerouteSheet:Project No:
Field Work Date:
Property Name:62667.001
-
5704 EUPER LN., SUITE 200
FORT SMITH, ARKANSAS 72903
TEL. (479) 452-1933
LOT 92 - WESTERN METHODIST ASSEMBLY 1 OF 1
0 20 4030
RIGHT-OF-WAY VACATION LEGAL DESCRIPTION:
COMMENCING at an existing 1/2" rebar found at the Northeast corner (NE/Cor) of Lot 106 Western Methodist Assembly; Thence N
47°30'39" W along the North line of said Lot 106 a distance of forty-eight (48) feet; Thence N 52°54'39" W along the North line of said
Lot 92 a distance of 73.80 feet; Thence along a curve to the left having a radius of twenty (20) feet and being subtended by a chord
bearing N 86°52'00" W a distance of 22.34 feet, to the POINT OF BEGINNING; Thence along a curve to the left having a radius of
twenty (20) feet and being subtended by a chord bearing S 45°31'13" W and chord distance of 9.44 feet; Thence along a curve to the
right having a radius of one hundred-twenty (120) feet and being subtended by a chord bearing S 34°55'53" W and chord distance of
12.85 feet; Thence along a curve to the left having a radius of twenty (20) feet and being subtended by a chord bearing S 1°48'48" E
and chord distance of 25.61 feet; Thence S 41°37'35" E a distance of 26.75 feet; Thence along a non-tangential curve to the right
having a radius of 169.82 feet and being subtended by a chord bearing N 4°05'19" W and chord distance of 62.90 feet, along the south
line of said Lot 92, to the POINT OF BEGINNING, containing 671 square feet, more or less.
PREL
I
M
I
N
A
R
Y
GIS Approved
04/07/2026
Planning Commission
June 22, 2026
VAC-2026-0004 (ROY E HATCHER)
Page 9 of 9
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465