HomeMy WebLinkAboutOrdinance 7025Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7025
File Number: 2026-2540
AN ORDINANCE TO APPROVE VAC-26-09 FOR PROPERTY LOCATED AT 322 SOUTH BUCHANAN
AVENUE IN WARD 1 TO VACATE 0.02 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.The existing utility easement granted to Southwestern Gas & Electric Company must be maintained per
Book 308, page 35, as recorded with Washington County.
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 damage to or relocation of existing facilities will be at the property owner/developer’s expense.
PASSED and APPROVED on August 18, 2026
Approved: Attest:
_______________________________
Molly Rawn, Mayor
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 135.28
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
BUCHANAN
AVE
BULLDOG BLVD
STONE ST
DU
N
C
A
N
A
V
E
BUCHANAN
AVE
HO
G
H
E
A
D
A
L
Y
RMF-40P-1
C-1
DG
MSC
Alley
Residential Link
Planning Area
Fayetteville City Limits
Close Up View
VAC-2026-0009 324 S BUCHANAN AVE
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
EXHIBIT A
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Pages Document
Legal Description
PROPOSED R/W VACATION DESCRIPTION:
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N87°10'12"W 299.86' TO
AN EXISTING REBAR, THENCE S02°27'25"W 130.10', THENCE
N87°19'32"W 17.06' TO AN EXISTING REBAR ON THE EXISTING
EAST RIGHT-OF-WAY OF SOUTH BUCHANAN AVENUE
MARKING THE TRUE POINT OF BEGINNING AND RUNNING
THENCE ALONG SAID RIGHT-OF-WAY S02°37'17"W 99.76' TO AN
EXISTING REBAR, THENCE LEAVING SAID RIGHT-OF-WAY
N87°17'09"W 8.86' TO THE EAST MASTER STREET PLAN RIGHT-
OF-WAY OF SOUTH BUCHANAN STREET, THENCE ALONG
SAID RIGHT-OF-WAY N02°31'34"E 99.76', THENCE LEAVING
SAID RIGHT-OF-WAY S87°19'32"E 9.02' TO THE POINT OF
BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
EXHIBIT B
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2540
MEETING OF AUGUST 18, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief Information Officer
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Citlali Samano, Planner
SUBJECT: VAC-2026-0009: Vacation (324 S BUCHANAN AVE/GRUBBS, 522): Submitted by
RICHARD GRUBBS for property located at 324 S BUCHANAN AVE in WARD 1. The
property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and
contains approximately 0.32 acres. The request is to vacate 0.02 acres of existing
right-of-way.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to vacate a portion of the
Master Street Plan as described and shown in the attached Exhibits ‘A’ and ‘B’, with the following conditions:
1. The existing utility easement granted to Southwestern Gas & Electric Company must be maintained per
Book 308, page 35 as recorded with Washington County;
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; and
3. Any damage or relocation of existing facilities will be at the property owner/developer’s expense;
BACKGROUND:
The subject area is in central Fayetteville approximately 125 feet south of the W. Bulldog Blvd and S.
Buchanan Ave intersection. The subject property contains one parcel along S. Buchanan Ave which totals
approximately 0.32 of an acre and has been developed with a single-family home since 1959. The subject area
does not fall within any overlay districts or Master Plan areas.
Proposal: The applicant proposes to vacate a portion of existing street right-of-way totaling 0.02 acres.
DISCUSSION:
Staff recommends approval of the request. The existing 35-foot right-of-way from the centerline of South
Buchanan Avenue exceeds the Master Street Plan's 26-foot maximum for a Residential Link. To resolve this,
the applicant requests to vacate the excess right-of-way.
At the July 27, 2026 Planning Commission meeting, the item was unanimously forwarded to City Council witrh
a recommendation of approval as part of the consent agenda by a vote of 9-0-0. Commissioner Brink made the
motion and Commissioner Cabe seconded. No public comment was provided during the public meeting.
BUDGET/STAFF IMPACT:
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2540
AN ORDINANCE TO APPROVE VAC-26-09 FOR PROPERTY LOCATED AT 322 SOUTH
BUCHANAN AVENUE IN WARD 1 TO VACATE 0.02 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. The existing utility easement granted to Southwestern Gas & Electric Company must be
maintained per Book 308, page 35, as recorded with Washington County.
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 damage to or relocation of existing facilities will be at the property owner/developer’s
expense.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
7/28/2026
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
2026-2540
Item ID
8/18/2026
City Council Meeting Date - Agenda Item Only
VAC-2026-0009: Vacation (324 S BUCHANAN AVE/GRUBBS, 522): Submitted by RICHARD GRUBBS for property
located at 324 S BUCHANAN AVE in WARD 1. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS
PER ACRE and contains approximately 0.32 acres. The request is to vacate 0.02 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:
8/18/2026
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: July 27, 2026
SUBJECT: VAC-2026-0009: Vacation (324 S BUCHANAN AVE/GRUBBS, 522):
Submitted by RICHARD GRUBBS for property located at 324 S
BUCHANAN AVE. The property is zoned RMF-40, RESIDENTIAL MULTI-
FAMILY, 40 UNITS PER ACRE and contains approximately 0.32 acres.
The request is to vacate 0.02 acres of existing right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2026-0009 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward VAC-2026-0009 to City Council with a recommendation of approval, with all
conditions as outlined by staff.”
BACKGROUND:
The subject area is in central Fayetteville approximately 125 feet south of the W. Bulldog Blvd
and S. Buchanan Ave intersection. The subject property contains one parcel along S. Buchanan
Ave which totals approximately 0.32 of an acre and has been developed with a single-family home
since 1959. 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 Multi-Family Residential RMF-40, Residential Multifamily, 40 Units per Acre
South Multi-Family Residential RMF-40, Residential Multifamily, 40 Units per Acre
East Multi-Family Residential RMF-40, Residential Multifamily, 40 Units per Acre
West Fayetteville Public High School P-1, Institutional
Proposal: The applicant proposes to vacate a portion of existing street right-of-way totaling 0.02
acres.
DISCUSSION:
Staff recommends approval of the request. The existing 35-foot right-of-way from the centerline
of South Buchanan Avenue exceeds the Master Street Plan's 26-foot maximum for a Residential
Link. To resolve this, the applicant requests to vacate the excess right-of-way.
Vacation Approval: The applicant has submitted the required vacation approval forms to relevant
city departments and franchise utility companies with the following responses.
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 1 of 9
with PC results
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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, an existing electric transmission and distribution
easement granted to Southwestern Gas & Electric Company
recorded in Book 308 and Page 35 in the Land Records of
Washington County, Arkansas.
Black Hills Energy No objections and no comments.
AT&T No objections and no comments.
Ozarks Electric No objections and no comments.
City of Fayetteville Response
Water/Sewer No objections, provided that a minimum 10-foot easement is
retained on both sides of all existing water and sewer lines within
the vacated right-of-way.
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-2026-0009 to City Council with a
recommendation of approval, with the following conditions:
Conditions of Approval:
1. An existing utility easement for Southwestern Gas & Electric Company must be
maintained per Book 308, page 35 as recorded with Washington County.
2. Any damage or relocation of existing facilities will be at the property owner/developer’s
expense;
3. 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;
4. Any easements required for future development shall be dedicated as necessary.
____________________________________________________________________________
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 2 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
PLANNING COMMISSION ACTION: Required YES
Date: July 27, 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
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 3 of 9
on Consent
Brink
Cabe
9-0-0
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
RAZORBACK
RD
CENTERST
MARTIN LUTHERKINGJRBLVD
SCHOOLAVE
DICKSON ST
STADIUM
DRRAZORBACK
RD STADIUM
DR
CLINTONDR
RMF-24
R-O
I-1
P-1
RSF-4
RMF-40
I-2
C-2
UT
MSC
NC
RPZD
DG
C-1
CSRI-U
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
VAC-2026-0009 324 S BUCHANAN AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 4 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
BUCHANAN
AVE
BULLDOG BLVD
STONE ST
DU
N
C
A
N
A
V
E
BUCHANAN
AVE
HO
G
H
E
A
D
A
L
Y
RMF-40P-1
C-1
DG
MSC
Alley
Residential Link
Planning Area
Fayetteville City Limits
Close Up View
VAC-2026-0009 324 S BUCHANAN AVE
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 5 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
ST
A
D
I
U
M
D
R
BUCHANAN
AVE
DUNCAN
AVE
STONE ST
DUNCAN
AVE
HILL
AVE
BULLDOG BLVD
STADIUM
DR
MARTIN LUTHER
KING JR BLVD
2026 Imagery | Bowman | EagleView Technologies
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
VAC-2026-0009 324 S BUCHANAN AVE N
0 225 450 675 900112.5
Feet
Subject Property
Mixed Use
Mixed Residential
Fayetteville Schools
Fayetteville Schools
1:3,600
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 6 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Dear Ladies & Gentlemen of the City of Fayetteville Planning Commission & City Council:
This letter shall outline the scope, nature and intent of the ROW vacation request.
The request is to vacate .02 acre from the street ROW along S Buchanan Ave in front of the
residence located at 324 S Buchanan Ave. Please see the new survey including the ROW
Vacation Exhibit that has been completed for your review. This vacation will move the property
line to the City of Fayetteville’s normal ROW distance and in an area maintained by the
applicant.
All utility companies have been contacted and all have expressed no concern as you will see in
the approvals.
Thank you so much for your time in reviewing this request. Please contact me at any time if
you have any questions.
Richard L. Grubbs
479-619-5253
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 7 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
ROW
ROW
ROW
16-16-30
Fayetteville
Out-lots
16-16-30 Fayetteville Out-lots
16-16-30 Fayetteville Out-lots
17 June 26
Richard L. Grubbs
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 8 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
GI
S
A
p
p
r
o
v
e
d
06
/
2
5
/
2
0
2
6
Planning Commission
July 27, 2026
VAC-2026-0009 (GRUBBS)
Page 9 of 9
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A