HomeMy WebLinkAboutOrdinance 7045Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7045
File Number: 2026-3473
AN ORDINANCE TO APPROVE VAC-2026-0014 FOR PROPERTY LOCATED SOUTHWEST OF WEST
CENTER STREET AND SOUTH RAZORBACK ROAD IN WARD 1 TO VACATE 0.19 ACRES OF RIGHT-
OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 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 agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A and the
legal description attached as Exhibit B to the Planning Department's agenda memo shall be filed in the office of the
Washington County Circuit Clerk.
Section 3: This vacation shall not be effective until a 10-foot utility easement is dedicated with the gas line being the
center of said easement.
Section 4: This vacation is subject to the ongoing condition that any damage to or relocation of existing facilities,
including the existing AT&T equipment, will be at the property owner/developer’s expense.
PASSED and APPROVED on October 20, 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: $124.64
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
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Institutional Master Plan
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Shared-Use Paved Trail
Close Up View
VAC-2026-0014 WEST OF 1441 W CENTER ST
N
0 130 260 390 52065
Feet
Subject Property
1:2,100
EXHIBIT A
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
PROPERTY DESCRIPTION
PART OF A 16 FOOT ALLEY IN BLOCKS 1 AND 2 OF FAIR GROUND ADDITION, IN THE CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 8 , BLOCK 2; THENCE S 86°01’58” E
ALONG THE SOUTH RIGHT OF WAY OF WEST CENTER STREET, A DISTANCE OF 16.00 FEET
TO THE NORTHWEST CORNER OF LOT 12, BLOCK 1; THENCE S 02°35’58” W ALONG THE
WEST LINE OF 3 THROUGH 12, BLOCK 1, A DISTANCE OF 482.44 FEET; THENCE N
87°05’37” W A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF LOT 3, BLOCK 2;
THENCE N 02°35’58 E ALONG THE EAST LINE OF LOTS 3 THROUGH 8, A DISTANCE OF
482.74 FEET TO THE POINT OF BEGINNING.
GIS Approved
08/31/2026 EXHIBIT B
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3473
MEETING OF OCTOBER 20, 2026
TO: Mayor Rawn and City Council
THROUGH: Jennifer Walker, Chief of Staff
Britin Bostick, Interim Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: VAC-2026-0014: VACATION (SOUTHWEST OF W. CENTER STREET AND S.
RAZORBACK RD/UNIVERSITY OF ARKANSAS, 521): Submitted by DEVELOPMENT
CONSULTANTS, INC for property SOUTHWEST OF W. CENTER STREET AND S.
RAZORBACK ROAD. in WARD 1. The property is zoned RMF-24, RESIDENTIAL
MULTI-FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 4.67
acres. The request is to vacate 0.19 acres of alley right-of-way.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to vacate the subject right-
of-way as described and shown in the attached Exhibits ‘A’ and ‘B’, with the following conditions of approval:
1. Any damage to or relocation of existing utility facilities will be at the property owner/developer’s expense;
2. Existing AT&T equipment must be relocated at the petitioner’s expense.
3. A 10-foot utility easement must remain with the gas line being the center of said easement.
BACKGROUND:
The subject area is on the campus of the University of Arkansas, southwest of the intersection of W. Center
Street and S. Razorback Road. The subject right-of-way, a platted alley, contains approximately 0.19 acres
and is largely undeveloped; all the surrounding properties are owned by the University of Arkansas.
Request: The applicant proposes to vacate a platted alley right-of-way totaling approximately 0.19 acres.
Public Comment: Staff did not receive any public comment relating to the request.
DISCUSSION:
At the September 28, 2026 Planning Commission meeting, a vote of 6-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioners placed the item on the consent agenda and did
not discuss the item at the meeting. No public comment was received.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3473
AN ORDINANCE TO APPROVE VAC-2026-0014 FOR PROPERTY LOCATED SOUTHWEST
OF WEST CENTER STREET AND SOUTH RAZORBACK ROAD IN WARD 1 TO VACATE
0.19 ACRES OF RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 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 agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A and the legal description attached as Exhibit B to the Planning Department's agenda memo
shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation shall not be effective until a 10-foot utility easement is dedicated with the gas
line being the center of said easement.
Section 4: This vacation is subject to the ongoing condition that any damage to or relocation of existing
facilities, including the existing AT&T equipment, will be at the property owner/developer’s expense.
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
9/29/2026
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
2026-3473
Item ID
10/20/2026
City Council Meeting Date - Agenda Item Only
VAC-2026-0014: VACATION (SOUTHWEST OF W. CENTER STREET AND S. RAZORBACK RD/UNIVERSITY OF
ARKANSAS, 521): Submitted by DEVELOPMENT CONSULTANTS, INC for property SOUTHWEST OF W. CENTER
STREET AND S. RAZORBACK ROAD. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY,
TWENTY-FOUR UNITS PER ACRE and contains approximately 4.67 acres. The request is to vacate 0.19 acres of alley
right-of-way.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Britin Bostick DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
MEETING DATE: September 28, 2026
SUBJECT: VAC-2026-0014: VACATION (SOUTHWEST OF W. CENTER STREET
AND S. RAZORBACK RD/UNIVERSITY OF ARKANSAS, 521):
Submitted by DEVELOPMENT CONSULTANTS, INC for property
SOUTHWEST OF W. CENTER STREET AND S. RAZORBACK ROAD.
The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, TWENTY-
FOUR UNITS PER ACRE and contains approximately 4.67 acres. The
request is to vacate 0.19 acres of alley right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2026-0014 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward VAC-2026-0014 to City Council with a recommendation of approval.
BACKGROUND:
The subject area is on the campus of the University of Arkansas, southwest of the intersection of
W. Center Street and S. Razorback Road. The subject right-of-way, a platted alley, contains
approximately 0.19 acres and is largely undeveloped; all of the surrounding properties are owned
by the University of Arkansas. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Religious Facility RMF-24, Residential Multi-Family, 24 Units per Acre
South Administrative Services Building RMF-24, Residential Multi-Family, 24 Units per Acre
East University Parking/John McDonnell Field RMF-24, Residential Multi-Family, 24 Units per Acre
West University Parking/Mixed Density
Residential
RMF-24, Residential Multi-Family, 24 Units per Acre
Proposal: The applicant proposes to vacate a platted alley right-of-way totaling approximately
0.19 acres.
DISCUSSION:
Staff recommends approval of the subject request. Typically, staff argues that existing alley right-
of-way serves a unique and specific purpose towards enabling communities that are compact,
complete, and connected. However, in this scenario, all the surrounding property is owned by the
University of Arkansas, and it does not appear that the existing right-of-way will contribute towards
that public purpose.
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 1 of 9
Updated with results
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Vacation Approval: The applicant has submitted documentation from all necessary franchise utility
holders and City divisions, with the following comments:
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, provided a 10-foot utility easement to remain with
gas line being center of said easement.
AT&T No objections, provided existing AT&T equipment will need to be
relocated at the petitioner’s expense.
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: To date, staff has not received any public comment on this item.
RECOMMENDATION: Staff recommends forwarding VAC-2026-0014 to City Council with a
recommendation of approval.
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer’s
expense;
2. Existing AT&T equipment will need to be relocated at the petitioner’s expense.
3. A 10-foot utility easement will need to remain with the gas line being the center of said
easement.
____________________________________________________________________________
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 2 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
PLANNING COMMISSION ACTION: Required YES
Date: September 28, 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 Request Letter
o Petition to Vacate
o Survey – Right-of-way to be Vacated
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 3 of 9
Brink
6-0-0
with a recommendation
of approval (on consent
agenda).Cabe
X
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
RAZORBACK
RD
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Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
VAC-2026-0014 WEST OF 1441 W CENTER ST N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 4 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
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RMF-24RSF-4 P-1
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Institutional Master Plan
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Shared-Use Paved Trail
Close Up View
VAC-2026-0014 WEST OF 1441 W CENTER ST
N
0 130 260 390 52065
Feet
Subject Property
1:2,100
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 5 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
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2026 Imagery | Bowman | EagleView Technologies
Institutional Master Plan
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Current Land Use
VAC-2026-0014 WEST OF 1441 W CENTER ST N
0 180 360 540 72090
Feet
Subject Property
U of A
U of A
Single-Family Residential
U of A
1:3,000
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 6 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
WRITTEN REQUEST TO VACATE PART OF BLOCKS 1 AND 2, FAIRGROUND
ADDITION, CITY OF FAYETTEVILLE, ARKANSAS.
Landowner: UNIVERSITY OF ARKANSAS
To : The Fayetteville City Planning Commission and
The Fayetteville City Council
On behalf of the landowners, I am petitioning the Fayetteville City Planning
Commission and the Fayetteville City Council to vacate part of a 16-foot alley in part
of Blocks 1 and 2 of Fair Ground Addition containing 0.19 of an acre.
By granting this alley vacation, the current owners would benefit, and no other
landowner would be adversely affected.
The public interest and welfare would not be adversely affected by granting this alley
vacation.
Allen Jay Young, Development Consultants, Inc.
Development Consultants Incorporated
479-444-7880
1 East Center Street
Fayetteville, Arkansas
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 7 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 8 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
WAT
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LOT 12
LOT 10
LOT 9
LOT 8
LOT 7
LOT 6
LOT 5
LOT 4
LOT 3
LOT 6
LOT 5
LOT 4
LOT 3
LOT 7
LOT 8
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FAIR GROUND ADDITION
P.O.B.
S 86°01'58" E
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ALLEY VACATIONV-1
PART OF A 16' ALLEY IN BLOCKS 1 AND 2 OF FAIR GROUND ADDITION
FAYETTEVILLE, ARKANSAS
PROJECT TITLE:PROJECT NO:
SHEET NO:
SHEET TITLE:
DEVELOPMENT CONSULTANTS INCORPORATED
2200 N. RODNEY PARHAM ROAD
SUITE 220
LITTLE ROCK, AR 72212
501-221-7880
2026
06-06-2026
1" = 60'
DATE:
SCALE:
COPYRIGHT:REVISIONS
26-104
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Planning Commission
September 28, 2026
VAC-2026-0014 (UNIVERSITY OF ARKANSAS)
Page 9 of 9
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849