HomeMy WebLinkAboutOrdinance 6759 IIUI IIIIII1101 lI U 100 IlI III II 11001101 III III IIII
Doc ID: 021678860007 Type: REL
4 cAr ErrF�.....
Kind: ORDINANCE
Recorded: 07/22/2024 at 02:06:14 PM
Fee Amt: $45.00 Page 1 of 7
^ Washington County, AR
I� `" Kyle Sylvester Circuit Clerk
\'� l_ } File2024-00018334
4R K AN SpS'
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6759
File Number: 2024-57
REZONING-2024-0018: (SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE./SUBTEXT
ACQUISITIONS, LLC.AND MODUS STUDIO,522):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-18 FOR
APPROXIMATELY 2.9 ACRES LOCATED SOUTHWEST OF WEST TREADWELL STREET AND SOUTH HILL
AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN
STREET CENTER,SUBJECT TO A BILL OF ASSURANCE
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 changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center,
subject to a bill of assurance.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on June 18,2024
Approv d': Attest: ����Y�'�'TRF�iii
�•bc\..• c Y G •
•
L, (�& )
one Jor a , or n,C reasurr c,
-e/v q'QKA1\13•Jam.
iv G
inn IWO
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ I b 3 au,
1 Page 1
P-1
DG
RMF-40
NC
RI-U
RMF-24
Oak Ridge
TrailOak
R
i
d
g
e
Con
n
e
c
t
o
r
Proposed MSC
CENTER ST
HI
L
L
A
V
E
DU
N
C
A
N
A
V
E
UN
I
V
E
R
S
I
T
Y
A
V
E
PUTMAN ST
HA
R
M
O
N
A
V
E
TREADWELL ST
AL
L
E
Y
6
3
3
AL
L
E
Y
7
2
9
Neighborhood Link
Urban Center
Alley
Residential Link
Hillside-Hilltop Overlay District
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0018 707 W TREADWELL ST
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
MSC
RMF-40
3.0
0.0
Total 3.0 ac1:2,400
Current
0.0
3.0
RZN-2024-0018
EXHIBIT ‘B’
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WASHINGTON,
STATE OF ARKANSAS, AND IS DESCRIBED AS FOLLOWS:
PARCEL 765-04804-000:
LOTS 1, 2, 3, 10, 11, 12 AND THE NORTH FIVE (5) FEET OF LOT 4, ALL IN BLOCK 5 OF I. W.
DUNCAN’S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
PARCEL 765-04805-000:
FORTY-FIVE (45) FEET OF EQUAL AND UNIFORM WIDTH OFF THE SOUTH SIDE OF LOT 4 AND
TEN (10) FEET OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF LOT 5 IN BLOCK
5 OF I. W. DUNCAN’S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT
OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS.
PARCEL 765-04806-000:
THE SOUTH FORTY (40) FEET OF LOT 5 AND ALL OF LOT 6 IN BLOCK 5 OF I. W. DUNCAN’S
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION
ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS.
PARCEL 765-04807-000:
ONE HUNDRED TWENTY-SEVEN (127) FEET OFF THE EAST END OF LOTS 7, 8, 9 IN BLOCK 5
OF DUNCAN’S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS.
PARCEL 765-04808-000:
THE WEST 81.48 FEET OF LOT 7, AND THE WEST 81.48 FEET OF THE SOUTH 25 FEET OF LOT
8, IN BLOCK 5, DUNCAN’S ADDITION, TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT
OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS. VD.
PARCEL 765-04809-000:
THE WEST 81.48 FEET OF LOT NINE (9) AND THE WEST 81.48 FEET OF THE NORTH 25 FEET
OF LOT EIGHT (8) IN BLOCK FIVE (5) OF DUNCAN’S ADDITION TO THE CITY OF
FAYETTEVILLE, ACCORDING TO THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS.
NOTE: ANY MENTION OF PARCEL NOS. ARE FOR INFORMATIONAL PURPOSES ONLY.
RZN-2024-0018
EXHIBIT C
RZN-2024-0018
EXHIBIT C
RZN-2024-0018
EXHIBIT C
RZN-2024-0018
EXHIBIT C
Washington County. AR
I certify this instrument was filed on
07/22/2024 02:06:14 PM
and recorded in Real Estate
File Number 2024-00018334
Kyle Sylvester- Circuit Clerk
by
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-57
MEETING OF JUNE 18, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
SUBJECT: RZN-2024-0018: Rezoning (SOUTHWEST OF W. TREADWELL ST. AND S. HILL
AVE./SUBTEXT ACQUISITIONS, LLC. AND MODUS STUDIO, 522): Submitted
by SUBTEXT ACQUISITIONS, LLC. AND MODUS STUDIO for property located
at SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE in WARD 2. The property
is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains
approximately 2.9 acres. The request is to rezone the property to MSC, MAIN STREET
CENTER subject to a bill of assurance.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’, and with the associated Bill of Assurance
as shown in Exhibit 'C'.
BACKGROUND:
The subject area is in central Fayetteville, approximately 300 feet east of Fayetteville Public Schools' Harmon
Field and 900 feet northeast of Fayetteville High School. Multiple parcels are included in the area, totaling
approximately 2.9 acres and bound by W. Treadwell St. to the north, S. Hill Ave. to the east, W. Putnam St. to
the south, and S. Duncan Ave. to the west. Zoning on the property is currently RMF-40, Residential Multifamily,
40 Units per Acre, with development that ranges from apartments and single-family dwellings, to a largely
undeveloped parcel with off-site parking. The existing structures were built between 1931 and 1964. The
property does not fall within any overlay districts or Master Plan Areas.
Request: The request is to rezone the property from RMF-40, Residential Multifamily, 40 Units per Acre to
MSC, Main Street Center.
Public Comment: Staff has received multiple public comments. Two members of the public requested
additional information, one of whom expressed general concerns about city-wide parking requirements and
ensuring that any future development here is adequately parked. One member of the public sent two separate
emails expressing their opposition, citing the potential destruction of affordable rental housing units with
existing, long-term residents who will likely be displaced out of the city, the need for protections for existing
residents and dwellings, increased housing costs for any new luxury units, out-of-state developers, potential
development adjacent to the property by additional developers, the age of the existing apartments on the site,
the need for the university to manage its student population and associated housing needs, and lack of mailed
public notification documents to current residents of the affected property. The second email also included
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
questions related to some of the stated goals of the 2040 Plan.
Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the
surrounding context. The property is primarily surrounded by large-size apartments with single-family dwellings
located to the west adjacent to the Fayetteville High School campus. Additionally, the parcels within the subject
area are currently developed with primarily multifamily dwellings. Based on a review of addresses, there are a
total of 53 residential dwelling units currently within the subject area. The existing RMF-40 district would permit
a maximum of 116 dwelling units on the 2.9-acre subject area with a maximum building height of five stories,
while the proposed MSC district has no density limitations and a maximum building height of seven stories
when located greater than 15 feet from the right-of-way. Staff finds that the existing buildings are between 60–
93 years old and that no building permits aside from two HVAC renovations were found for the subject area
that indicate renovations since completion. No buildings within the subject area are listed on either the Federal
or Arkansas Register of Historic Places. An analysis of each parcel’s current development is included in a staff
exhibit.
The subject area is bordered by properties zoned DG, Downtown General to the north and east, which permits
a mix of commercial and residential uses and structures up to five stories. The Atmosphere multi-family
structure to the north is constructed to five stories. Eco Modern Flats to the east is constructed with three
stories, though staff notes that the ground floor is located below street grade. Additional apartments to the
south were constructed to a two story height. Staff finds that the greater height permitted by MSC is not likely
to negatively affect the surroundings given the abutting multi-story apartments and the MSC district’s limit of
building height to 5 stories when within 0’-15’ of the property line and 7 stories permitted further from the front
property line. Further, a large block of MSC is located approximately 500 feet to the east.
While rezoning from RMF-40 to MSC will remove the current density limitation of 40 units per acre, staff finds
that the request is not likely to create development that is incompatible with the surroundings given that the
other city requirements such as parking lot design standards and ratios, tree preservation, and drainage. A bill
of assurance has been provided with the rezone to limit potentially incompatible uses, including Use Unit 17:
Transportation Trades and Services, Use Unit 34: Liquor Stores, and Use Unit 45: Small Scale Production.
Staff finds that rezoning to a mixed-use district would create the possibility of compatible development and that
additional commercial uses could also serve the high density of existing, nearby residents as well as students
and faculty of the adjacent high school.
Land Use Plan Analysis: On the balance of considerations, staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. Given the
walkable location of the request and potential for mixed-use development, staff finds the request to be
consistent with the following City Plan 2040 Goals: Goal 1: We will make appropriate infill and revitalization our
highest priority; Goal 2: We will discourage suburban sprawl; Goal 3: We will make compact, complete, and
connected development the standard; Goal 4: We will grow a livable transportation network; and mixed
consistency for Goal 6: We will create opportunities for affordable housing.
The Fayetteville Housing Assessment completed by City staff in October 2023 discusses the preservation of
affordable housing and notes that “new supply should be carefully balanced with preserving existing affordable
housing – housing that can be in prime areas for redevelopment due to growing land values compared to the
declining value of aging structures.” While staff acknowledges that any redevelopment of the subject area and
associated demolitions would remove naturally occurring affordable housing units within the subject area, staff
also acknowledges that the property owners are legally able to redevelop the subject area with new multifamily
dwellings by right under the existing RMF-40 zoning district and that any redevelopment including uses
permitted by right is not subject to discretionary approval by either the Planning Commission or City Council
provided that all applicable city ordinances and development standards are met.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
The area is designated as a City Neighborhood Area, which envisions a mixture of residential nonresidential
uses of varying size, variety, and intensity. As noted, the subject area is approximately 900 feet northeast of
the Fayetteville High School campus and approximately ¼ mile southeast of the University of Arkansas
campus, which is designated as a special district by the 2040 growth map and described as “portions of the
city that are historically or currently intended for more intensive commerce.” The closest Tier Centers are
located just over half a mile east at the historic downtown square (Tier 1) and approximately half a mile
southeast at the intersection of W. Martin Luther King Jr. Blvd. and S. Nelson Hackett Blvd (Tier 3).
The infill score for this parcel is high, indicating the property could likely support a wide range of uses and
additional density, particularly given the proximity of both the Fayetteville High School and the University of
Arkansas campus. Staff also finds that allowing additional residential in proximity to major activity centers and
close to both ORT and Razorback transit stops allows potential residents to use alternative transportation,
helping to mitigate or reduce potential traffic impacts. Given that denying the rezoning request would not
necessarily prevent redevelopment of the property by the new owners, staff finds that approval of the rezoning
to MSC may lead to results that are more compatible with city goals than could be met under the existing
zoning by allowing a greater number of additional residential units to be constructed while providing potential
for a mix of commercial and residential uses.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a ranging score of 12 for this site.
The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8” Sewer Mains: W. Treadwell St., W. Putman St., and S. Duncan Ave.)
• Near Water Main (8” Water Main, W. Treadwell St. | 6” Water Main, W. Putman St and S. Duncan Ave.
| 4” Water Main, S. Hill Ave.)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near U of A Campus
• Near City Park (Lower Ramble)
• Near Paved Trail (Oakridge Trail, Razorback Greenway)
• Near ORT Bus Stop (Hillcrest Towers)
• Near Razorback Transit Bus Stop (S. Hill Ave on subject property)
• Appropriate Future Land Use
• Sufficient Intersection Density
DISCUSSION:
At the April 22, 2024, Planning Commission meeting, a vote of 8-1-0 forwarded the revised request of MSC,
Main Street Center to City Council with a recommendation of approval. Commissioner Payne made the motion
and Commissioner Cabe seconded. Commissioner Werner voted against the proposed rezoning, citing the
removal of affordable housing units and potential displacement of residents. Commissioners voting in favor of
the request cited the ability of the current property owners to redevelop the parcels by right under the existing
RMF-40 zoning, proximity to campus, existing transit routes located on the property, and the provided Bill of
Assurance. Several commissioners questioned what actions the city is legally able to take regarding protection
for existing affordable housing units. Senior Assistant City Attorney Blake Pennington affirmed that cities in
Arkansas are preempted by the state from passing ordinances regarding rent control or other tenant
protections that exceed state standards. There was also discussion relating to potential improvements
associated with the project, which staff confirmed would be determined with future development plans.
Five members of the public spoke at the meeting. One individual spoke in favor of the request, citing
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
compatibility with the adjacent neighborhoods. One individual questioned potential traffic impacts and
improvements, whether the development would be fully student housing and if the existing residents could be
provided housing within the new units. Staff affirmed that potential traffic impacts would be reviewed during
development plans and that the city cannot require affordable housing units or provision of residential units for
the existing residents. Another individual asked if a lower intensity district would still get the developer what
they need. The applicant team noted the presence of a large transmission line on the south side of the block
and the need to fully park the development on site. Two additional members of the public expressed opposition
to the request, citing demolition of existing affordable units and dislocation of existing residents.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Planning Commission Staff Report
(#7)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-57
RZN-2024-0018: Rezoning (SOUTHWEST OF W. TREADWELL ST. AND S. HILL
AVE./SUBTEXT ACQUISITIONS, LLC. AND MODUS STUDIO, 522): Submitted by SUBTEXT
ACQUISITIONS, LLC. AND MODUS STUDIO for property located at SOUTHWEST OF W.
TREADWELL ST. AND S. HILL AVE in WARD 2. The property is zoned RMF-40,
RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 2.9 acres.
The request is to rezone the property to MSC, MAIN STREET CENTER subject to a bill of
assurance.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-18 FOR APPROXIMATELY 2.9 ACRES LOCATED SOUTHWEST OF WEST TREADWELL
STREET AND SOUTH HILL AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL
MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER, SUBJECT TO A BILL
OF ASSURANCE
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 changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from RMF-40, Residential Multifamily, 40 Units
per Acre to MSC, Main Street Center, subject to a bill of assurance.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-57
Item ID
5/21/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0018: Rezoning (SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE./SUBTEXT ACQUISITIONS, LLC. AND
MODUS STUDIO, 522): Submitted by SUBTEXT ACQUISITIONS, LLC. AND MODUS STUDIO for property located at
SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL
MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 2.9 acres. The request is to rezone the property to
MSC, MAIN STREET CENTER.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
5/3/2024
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 -$
-$
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: April 22, 2024
SUBJECT: RZN-2024-0018: Rezoning (SOUTHWEST OF W. TREADWELL ST.
AND S. HILL AVE./SUBTEXT ACQUISITIONS, LLC. AND MODUS
STUDIO, 522): Submitted by SUBTEXT ACQUISITIONS, LLC. AND
MODUS STUDIO for property located at SOUTHWEST OF W.
TREADWELL ST. AND S. HILL AVE. The property is zoned RMF-40,
RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains
approximately 2.9 acres. The request is to rezone the property to MSC,
MAIN STREET CENTER.
RECOMMENDATION:
Staff recommends RZN-2024-0018 be forwarded to the City Council with a recommendation for
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0018 to the City Council with a recommendation of approval.”
BACKGROUND:
The subject area is in central Fayetteville approximately 300 feet east of Harmon Field and 900
feet northeast of the Fayetteville High Schol. The subject area contains multiple parcels and is
bound by W. Treadwell St. to the north, S. Hill Ave. to the west, W. Putnam St. to the south, and
S. Duncan Ave. to the west. The subject area contains roughly 2.9 acres and is currently zoned
RMF-40, Residential Multifamily, 40 Units per Acre. The property is currently developed with a
range of uses, including apartments, single-family dwellings, and a largely undeveloped parcel
with off-site parking. The existing structures were built between 1931 -1964. The property does
not fall within any overlay districts or Master Plan areas. Surrounding land uses and zoning is
depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Residential Multifamily (Apartments) RMF-40, Residential Multifamily, 40 Units per Acre
DG, Downtown General
South Residential Multifamily (Apartments)
Single-Family Residential RMF-40, Residential Multifamily, 40 Units per Acre
East Residential Multifamily (Apartments) DG, Downtown General
West Single-Family Residential RMF-40, Residential Multifamily, 40 Units per Acre
Request: The request is to rezone the property from RMF-40, Residential Multifamily, 40 Units
per Acre to MSC, Main Street Center.
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 1 of 42
(UPDATED WITH MEETING RESULTS)
Public Comment: Staff has received multiple public comments. One member of the public
requested additional information regarding the project and associated public hearing. One
member of the public sent two separate emails expressing their opposition, citing potential
destruction of affordable rental housing units with existing, long-term residents who will likely be
displaced out of the city, the need for protections for existing residents and dwellings, increased
housing costs for any new luxury units, out-of-state developers, potential development adjacent
to the property by additional developers, the age of the existing apartments on the site, the need
for the university to manage its student population and associated housing needs, and lack of
mailed public notification documents to current residents of the affected property. The second
email also included questions related to some of the stated goals of the 2040 Plan.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along four streets. W. Treadwell St. is a partially
improved Residential Link with asphalt paving, curb & gutter, sidewalk along the
north side, and no curb and gutter on the south side. S. Hill Ave. is a partially
improved Residential Link with asphalt paving, curb & gutter, and sidewalks.
W. Putman St. is a partially improved Residential Link with asphalt paving and
open ditches. S. Duncan Ave. is a partially improved Residential Link with asphalt
paving, partial curb and gutter, and sidewalk along the east side. Any street or
drainage improvements required in these areas would be determined at the time
of development proposal.
Water: Public water is available to the subject area. An existing 8” water main is present
on the north side of W. Treadwell St. Existing 6” water mains are available on the
north side of W. Putman St. and the West side of South Duncan Avenue. An
existing 4” water main is present on the east side of S. Hill Ave.
Sewer: Sanitary sewer is available to the subject area. Existing 8” sewer mains are
present on the south side of W. Treadwell St., the south side of W. Putman St.,
and the west side of S. Duncan Ave.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 0.5 miles from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property is within a FEMA floodplain, the Hillside-Hilltop Overlay
District or includes a protected stream. Additionally, no hydric soils are present.
Tree Preservation:
The proposed zoning district of MSC, Main Street Center requires 10% minimum
canopy preservation. The current zoning district of RMF-40, Residential
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 2 of 42
Multifamily, 40 Units per Acre requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood.
City Neighborhoods are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a ranging score of 12
for this site, with a weighted score of 15.5. The following elements of the matrix contribute to the
score:
• 4 Minute Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8” Sewer Mains: W. Treadwell St., W. Putman St., and S. Duncan Ave.)
• Near Water Main (8” Water Main, W. Treadwell St. | 6” Water Main, W. Putman St and S.
Duncan Ave. | 4” Water Main, S. Hill Ave.)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near U of A Campus
• Near City Park (Lower Ramble)
• Near Paved Trail (Oakridge Trail, Razorback Greenway)
• Near ORT Bus Stop (Hillcrest Towers)
• Near Razorback Transit Bus Stop (S. Hill Ave on subject property)
• Appropriate Future Land Use
• Sufficient Intersection Density
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: On the balance of considerations, staff
finds the request to be compatible with the surrounding context. The
property is primarily surrounded by large-size apartments with single-family
dwellings located to the west adjacent to the Fayetteville High School
campus. Additionally, the parcels within the subject area are currently
developed with primarily multifamily dwellings. Based on a review of
addresses, there are a total of 53 residential dwelling units currently within
the subject area. The existing RMF-40 district would permit a maximum of
116 dwelling units on the 2.9-acre subject area with a maximum building
height of 5 stories, while the proposed DG district has no density limitations
with a maximum building height of 7 stories when located greater than 15
feet from the right-of-way. Staff finds that the existing buildings are between
60-93 years old and that no building permits aside from two HVAC
renovations were found for the subject area that indicate renovations since
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 3 of 42
completion. No buildings within the subject area are listed in either the
Federal or Arkansas Register of Historic Places. An analysis of each parcel’s
current development is included in a staff exhibit.
The subject area is partially bound by DG, Downtown General to both the
north and east, which permits a mix of commercial and residential uses and
structures up to 5 stories. The Atmosphere to the north is constructed with
5 stories. Eco Modern Flats to the east is constructed with three stories,
though staff notes that the ground floor is located below street grade.
Additional apartments to the south were constructed at two stories. Staff
finds that the greater height permitted by MSC is not likely to negatively
affect the surroundings given these abutting multi-story apartments and the
district’s limit of building height to 5 stories when within 0’-15’ of the
property line with 7 stories only permitted further from the ROW. Further, a
large block of MSC is located approximately 500 feet to the east.
While rezoning from RMF-40 to MSC will remove the current density
limitation of 40 units per acre, staff finds that the request is not likely to
create development that is incompatible with the surroundings given that the
other city requirements such as parking lot design standards and ratios, tree
preservation, and drainage. A bill of assurances has been provided with the
rezone to limit potentially incompatible uses, including Use Unit 17:
Transportation Trades and Services, Use Unit 34: Liquor Stores, and Use
Unit 45: Small Scale Production. Staff finds that rezoning to a mixed-use
district would create the possibility of compatible development and that
additional commercial uses could also serve the high density of existing
residents within the immediate proximity as well as students and faculty of
the adjacent high school.
Land Use Plan Analysis: On the balance of considerations, staff finds that
the request is consistent with adopted land use policies, the Future Land
Use Map designation, and goals of City Plan 2040. Given the walkable
location of the request and potential for mixed-use development, staff finds
the request to be consistent with the following City Plan 2040 Goals: Goal 1:
We will make appropriate infill and revitalization our highest priority; Goal 2:
We will discourage suburban sprawl; Goal 3: We will make compact,
complete, and connected development the standard; Goal 4: We will grow a
livable transportation network; and Goal 6: We will create opportunities for
affordable housing.
The Fayetteville Housing Assessment completed by City staff in October
2023 discusses the preservation of affordable housing and notes that “new
supply should be carefully balanced with preserving existing affordable
housing – housing that can be in prime areas for redevelopment due to
growing land values compared to the declining value of aging structures.”
While staff acknowledges that any redevelopment of the subject area and
associated demolitions would remove naturally occurring affordable
housing units within the subject area, staff also acknowledges that the
property owners are legally able to redevelop the subject area with new
multifamily dwellings by right under the existing Residential Multifamily, 40
Units per Acre (RMF-40) zoning district and that any redevelopment which
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 4 of 42
includes only uses permitted by right is not subject to discretionary approval
by either the Planning Commission or City Council provided that all
applicable city ordinances and development standards are met.
The area is designated as a City Neighborhood Area, which recommends
that commercial uses would have a residential component and vary in size,
variety and intensity. The subject area is approximately 500 feet east of the
Fayetteville High School campus and approximately ¼ mile east of the
University of Arkansas campus, which is designated as a special district by
the 2040 growth map and described as “portions of the city that are
historically or currently intended for more intensive commerce.” The closest
Tier Centers are located just over half a mile east at the historic downtown
square (Tier 1) and approximately half a mile southeast at the intersection of
W. Martin Luther King Jr. Blvd. and S. Nelson Hackett Blvd (Tier 3).
The infill score for this parcel is high, with a weighted score of 15.5,
indicating the property could likely support a wide range of uses and
additional density, particularly given the close proximity of both the
Fayetteville High School and University of Arkansas campus. Staff also finds
that allowing additional residential in close proximity to major traffic drivers
and within close proximity to both ORT and Razorback transit stops could
allow for residents to use alternative transportation options such as walking,
biking, or utilizing transit to these institutions, helping to mitigate or reduce
potential traffic impacts. Given that denying the rezoning request would not
necessarily prevent redevelopment of the property by the new owners, staff
finds that approval of the rezoning to MSC may lead to results that are more
compatible with city goals than could be met under the existing zoning by
allowing a greater number of additional residential units to be constructed
while providing potential for a mix of commercial and residential uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: On the balance, staff finds the proposed zoning is justified and necessary at
this time. While any redevelopment of these parcels could negatively impact
existing affordable housing stock, staff notes that the property owners could
legally redevelop the parcels with new multifamily dwellings by right under
the existing zoning district. The proposed zoning of MSC could permit a
mixed-use development with higher density allowances in an area with a
weighted infill score of 15.5 where only residential uses are currently
permitted by right under RMF-40.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RMF-40 to MSC has the potential to increase traffic at this
location when considering that MSC would allow for more dense
development than the existing zoning which has a stated density limitation.
The lots under consideration have direct access to public streets and staff
finds that given the property’s location on a transit route close to the
university and the Fayetteville High School campus, many trips have the
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 5 of 42
capacity to be completed through alternative transportation such as walking,
biking, or transit. Any necessary street improvements and potential traffic
impacts would be determined at the time of development.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed rezoning has the potential to alter the population density since
it would allow for increased residential development. However, the property
is in close proximity to public streets and existing water and sewer mains.
Any necessary upgrades or improvements to existing infrastructure would
be determined at the time of development. Fayetteville Public Schools did
not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0018 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: April 22, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 6 of 42
x
FORWARD TO CITY COUNCIL WITH A
RECOMMENDATION OF APPROVALPAYNE
CABE
8-1-0 (BRINK OPPOSED)
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
• §161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre
• §161.27 Main Street/Center
• Applicant Request Letter
• Proposed Bill of Assurance
• Staff Exhibit
• Current Development
• Fayetteville Housing Assessment Excerpts
• Active Transportation Plan Excerpts and Map
• Proximity to Tier Center Exhibit
• City Plan 2040 Excerpts
• Climate Action Plan Presentation Excerpts
• Traffic Accidents Exhibits
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 7 of 42
161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high
density multi-family development and to encourage additional development of this type
where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by CUP
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit
12a
Limited business
Unit 24 Home occupation
Unit 25 Professional offices
Unit 36 Wireless communications facilities
(C) Density.
Units per acre Forty (40) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a Manufactured
home park
50 feet
Single-family 30 feet
Two (2) family 30 feet
Three (3) family or more 70 feet
Professional offices 100 feet
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 8 of 42
(2) Lot Area Minimum.
Manufactured home park 3 acres
Lot within a mobile home
park
4,200 square feet
Townhouses: Individual lot 2,000 square feet
Single-family 2,500 square feet
Two (2) family 3,000 square feet
Three (3) family or more 7,000 square feet
Fraternity or Sorority 1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per
resident
(E) Setback Requirements.
Front Side
Other
Uses
Side
Single &
Two (2)
Family
Rear
Other
Uses
Rear
Single
Family
A build-to zone that is
located between the
front property line and
a line 25 feet from the
front property line.
8 feet 5 feet 20 feet 5 feet
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5
stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front
property line or any master street plan right-of-way line shall have a maximum height of two
(2) stories, between 10—20 feet from the master street plan right-of-way a maximum
height of three (3) stories and buildings or portions of the building set back greater than 20
feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds
two (2) stories shall have an additional setback from any side boundary line of an adjacent
single family district. The amount of additional setback for the portion of the building over
two (2) stories shall be equal to the difference between the total height of that portion of the
building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 9 of 42
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-
29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord.
No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A),
10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 ,
§1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21;
Ord. No. 6658 , §7(Exh. F), 5-2-23)
Editor's note(s)—Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance
6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that
Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance
6427 shall automatically sunset, be repealed and become void on December 31, 2024,
unless prior to that date the City Council amends this ordinance to repeal or further amend
this sunset, repeal and termination section.
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 10 of 42
161.27 Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center.
The Center is more spatially compact and is more likely to have some attached buildings
than Downtown General or Neighborhood Conservation. Multi-story buildings in the Center
are well-suited to accommodate a mix of uses, such as apartments or offices above shops.
Lofts, live/work units, and buildings designed for changing uses over time are appropriate
for the Main Street/Center. The Center is within walking distance of the surrounding,
primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main
Street/Center district is a commercial zone.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor stores
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone.
Conditional uses shall need approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 18 Gasoline service stations and drive-in/drive-
through restaurants
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 42 Clean technologies
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 11 of 42
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling (all unit types) 18 feet
(2) Lot Area Minimum. None.
(E) Setback Regulations.
Front A build-to zone that is
located between the front
property line and a line 25
feet from the front property
line.
Side None
Rear 5 feet
Rear, from center line of
an alley
12 feet
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 5 stories/7 stories*
* A building or a portion of a building that is located between 0 and 15 feet from the front
property line or any master street plan right-of-way line shall have a maximum height of five
(5) stories. A building or a portion of a building that is located greater than 15 feet from the
master street plan right-of-way line shall have a maximum height of seven (7) stories.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-
08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-
18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7—9, 1-17-17; Ord. No. 6015 , §1(Exh. A),
11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance
6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that
Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance
6427 shall automatically sunset, be repealed and become void on December 31, 2024,
unless prior to that date the City Council amends this ordinance to repeal or further amend
this sunset, repeal and termination section.
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 12 of 42
Submission #1: March 13, 2024
Submission #2: April 3, 2024
City of Fayetteville Development Services
125 West Mountain Street
Fayetteville, AR 72701
RE: VERVE Fayetteville – Rezoning Application
To whom it may concern,
We are pleased to submit our rezoning application associated with VERVE Fayetteville. The approximately
2.9-acre project site (the “Property) is generally located at W. Treadwell Street and S. Hill Avenue and
includes 707 W. Treadwell Street, 191 S. Hill Avenue, and 92 and 98 S. Dunca n Avenue (Figure 1 and Figure
2).
Figure 1, Location Map
Reviewed by:
Donna Wonsower, Planner
Development Services
APPROVED
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 13 of 42
Figure 2, Property
The Property is currently zoned RMF-40 (Residential Multi-family – Forty 40 Units per Acre) and is designated
by the City Plan 2040 as City Neighborhood Area. The Property is subject to approximately 15-feet of
grade change and a significant power transmission line easement that reduces the useable area by
approximately 0.28-acres. We are proposing to rezone the Property to MSC (Main Street Center), with a
Bill of Assurances, to allow for building forms and densities consistent with the Future Land Use and to
further the goals of the City Plan 2040. The additional building height permitted by MSC will allow for some
taller portions of the structure, located away from the edge of the right -of-way, to accommodate the
needs of the project and which could not be achieved through other districts such as Downtown General.
Compatibility with Neighboring Property.
The neighboring properties are zoned Residential Multi-Family and Downtown General, with Main Street
Center and Residential Office zonings located nearby along S. University Avenue. The neighboring
properties to the North and East are currently high-density multi-family communities, and the neighboring
properties to the South and West are currently multi-family and single-family.
The allowed uses under MSC, as modified by the Bill of Assurances, and building forms generally align with
those allowed under the adjacent DG districts (Figure 3). DG would provide all uses being sought for this
project except for the allowance of the additional height, therefore this submission is purposefully
providing the Bill of Assurances to tailor the compatible development with the stories allowed under MSC.
The additional uses that would be permitted on the Property, such as shopping, offices, and cafes, can
promote a mixed-use, live-work environment for the neighboring residential uses.
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 14 of 42
Compatibility with City Plan 2040.
The proposed rezoning will allow for infill development promoting multi-modal transportation, utilization of
existing infrastructure, and increased density near Fayetteville’s employment and civic hubs. We believe
that the proposed rezoning furthers the following City Plan 2040 Goals and Objectives:
Goal 1 – We will make appropriate infill and revitalization our highest priority.
Goal 1 Objective: Recognize the benefits and cost savings of utility and road infrastructure that
already exists in the core of the city.
The proposed rezoning will support development that utilizes, and may improve, existing utility and
road infrastructure in a core location.
Goal 1 Objective: Promote the densest development around logical future transit stops.
There is currently a Razorback Transit Stop at the Property, and it is within 0.5-miles of a Fayetteville
ORT stop (Hillcrest Towers). The proposed rezoning will support density located nearby and promoting
alternative transit.
Goal 1 Objective: Encourage new development that supports and compliments the unique
characteristics and economic values of employment clusters in and around downtown and the U of
A.
The proposed rezoning will support additional housing in a central location, promoting walkability,
alternative transit, and convenient access to the businesses and services within Fayetteville’s urban
core.
Goal 2 – We will discourage suburban sprawl.
The proposed rezoning will support development that is compact and efficient, utilizes and improves
existing infrastructure, and promotes walkability and the use of alternative transit methods.
Goal 3 – We will make compact, complete, and connected development the standard.
Goal 3 Objective: Require new growth that results in neighborhoods, districts and corridors that are
compact, complete, and connected.
The proposed rezoning will support development which improves pedestrian and bicycle
infrastructure and creates an active and engaging streetscape environment.
Goal 3 Objective: Prepare a transit-worthy community: increase density in highly walkable areas along
logical future transit routes and anticipate rail, street cars and other alternative transit modes.
The proposed rezoning will support development in a location that is adjacent to alternative transit
and is pedestrian to education centers, grocery stores, restaurants, shopping, parks, trails, and more.
Infill Assessment.
The Property has an Infill Prioritization Score of 12 (Figure 3). There are existing water and sewer mains on
multiple sides of the Property. It is within 0.5-miles of a grocery store (Walmart Neighborhood Market
located on MLK Jr Boulevard). It is directly adjacent to a public school (Fayetteville High School) and one
block away from the University of Arkansas campus. It is within 0.5-miles of several parks and trails (Fay
Jones Woods, Frisco Trail, Oak Ridge Trail, and more). There is a Razorback Transit Stop at the Property,
and it is within 0.5-miles of a Fayetteville ORT stop (Hillcrest Towers).
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 15 of 42
Figure 3, Infill Assessment
Master Street Plan.
To Property is one block away from streets designated as Neighborhood Link (Center Street) and
Downtown/Urban (S. University Avenue). These typologies are intended to promote high -quality and
comfortable realms for pedestrians and cyclists through low-speed zones, wider sidewalks, landscape
buffer zones, and dedicated bicycle facilities.
Figure 4, Master Street Plan
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 16 of 42
Active Transportation Plan.
The Active Transportation Plan proposes a future on-street bicycle facility at the Property. Future
development of the Property would allow for an on -street bicycle facility to be constructed for future
connection by neighboring properties or the City of Fayetteville.
Figure 5, Active Transportation Plan
Thank you in advance for your consideration and support of this compatible rezoning. We look forward
to working with the City of Fayetteville to plan a quality project of which we can all be proud and further
the smart growth of Fayetteville by densifying in an appropriate location adjacent to the University of
Arkansas, to provide quality housing.
Sincerely,
Dylan Lambur
Development Manager
Subtext
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 17 of 42
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter “Petitioner”) Subtext
Acquisitions, LLC, hereby voluntarily offers this Bill of Assurance and enters into this
binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner’s heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner’s rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner’s
property shall be restricted as follows IF Petitioner’s rezoning is approved by the
Fayetteville City Council.
1. The following uses shall not be permitted:
Unit 17, Transportation trades and services;
Unit 34, Liquor stores; and
Unit 45, Small scale production
2. Petitioner specifically agrees that all such restrictions and terms shall run
with the land and bind all future owners unless and until specifically released by
Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record
in the Washington County Circuit Clerk’s Office after Petitioner’s rezoning is effective
and shall be noted on any Final Plat or Large Scale Development which includes some or
all of Petitioner’s property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, _________________________________________, as the owner, developer
or buyer (Petitioner) voluntarily offer all such assurances and sign my name below.
_______________________ ______________________________
Date Printed Name
_______________________
Reviewed by:
Donna Wonsower, Planner
Development Services
APPROVED
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 18 of 42
_______________________ _____________________________
Address Signature
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
And now on this the _____ day of _______________, 20___, appeared before me,
_________________________, a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
______________________________
NOTARY PUBLIC
My Commission Expires:
_______________________
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 19 of 42
STAFF EXHIBIT
CURRENT DEVELOPMENT
PID: 765-04804-000: Summit Terrace Apartments. Forty (40) residential units within two buildings
constructed in 1964. One permit for HVAC renovation in 2023. No additional building permits
found for structures.
PID 765-04089-000: One single-family residence constructed in 1936. Multiple code violations for
health and sanitation (Two in 2016, One in 2020).
PID 765-04808-000: Five residential dwellings constructed in 1940. Multiple code violations for
health and sanitation (Two in 2009, one in 2010, one in 2020).
PID 765-04807-000: No primary structures.
PID 765-04806-000: Two-family dwelling constructed in 1931. Four-family dwelling constructed
in 1951. One permit for HVAC renovation in 2022. No additional building permits found for
structures.
PID 765-04805-000: Single-family dwelling constructed prior to 1980 (first year building is visible
on aerial). No building listed in Washington County Assessor.
PID 765-04804-000
PID 765-04805-000
PID 765-04806-000
PID
765-04807-000
PID
765-04809-000
PID
765-04808-000
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 20 of 42
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 21 of 42
STAFF EXHIBIT
HOUSING REPORT EXCERPTS
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 22 of 42
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 23 of 42
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 24 of 42
STAFF EXHIBIT: ACTIVE TRANSPORTATION PLAN EXCERPTS
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 25 of 42
STAFF EXHIBIT: PROXIMITY TO TIER CENTERS (CITY PLAN 2040)
SUBJECT
PROPERTY
~0.6 miles ~500 feet
0.5 MILE
RADIUS
0.5 MILE
RADIUS
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 26 of 42
STAFF EXHIBIT: CITY PLAN 2040 EXCERPTS
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 27 of 42
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 28 of 42
STAFF EXHIBIT: CLIMATE ACTION PLAN PRESENTATION EXCERPTS
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 29 of 42
STAFF EXHIBIT: ENERGY ACTION PLAN EXCERPTS
STAFF EXHIBIT: TRAFFIC ACCIDENTS
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 30 of 42
1
Wonsower, Donna
From:Scott and Jasmine 104 Duncan <hoghouse104@gmail.com>
Sent:Monday, April 8, 2024 8:45 AM
To:Planning Shared
Cc:Wonsower, Donna
Subject:Re: project inquiries for my neighborhood
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Thank you so much for the information!
On Mon, Apr 8, 2024 at 8:23 AM Planning Shared <planning@fayetteville-ar.gov> wrote:
RZN-2024-0002 Was denied at the 3/11/2024 Planning Commission Meeting
RZN-2024-0018 Is scheduled for the 4/22/2024 Planning Commission Meeting.
Attached is all the information we currently have. If you have any further questions, the planner assigned to RZN-
2024-0018, Donna Wonsower, should be able to answer them.
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website | Facebook | Twitter | Instagram | YouTube
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 31 of 42
2
From: Scott and Jasmine 104 Duncan <hoghouse104@gmail.com>
Sent: Friday, April 5, 2024 5:02 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: project inquiries for my neighborhood
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hi! I own the property at 104 S. Duncan Ave. and was hoping to find out more information about the
plans for the following rezoning projects in my neighborhood:
· RZN-2024-0002 (740 W Stone St.)
· RZN-2024-0018 (Treadwell - Putman 3.10 acre block)
I plan to attend the hearings if I can, but I was hoping to find out some information before then. Do you
know what type of development they are considering? My major concerns have to do with traffic
congestion, parking issues in this area, and property values.
Thank you for taking the time to respond to my inquiry.
Jasmine Nile
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 32 of 42
1
Wonsower, Donna
From:Wonsower, Donna
Sent:Wednesday, April 10, 2024 2:18 PM
To:kat.a.cook3@gmail.com
Cc:Planning Shared
Subject:RE: S Duncan Rezoning
Good Afternoon,
The proposed rezoning (RZN-2024-0018) has not been approved yet. If you are looking on the Citizen Self Service
portal and see a “passed” as shown below, that indicates only that staff has approved the submittal documents
and that no additional revisions are required for the document to be heard at planning commission.
This rezoning is not scheduled to be heard until the April 22 Planning Commission meeting, which begins on the
second floor of City Hall at 5:30. As the public notice letters were delivered to the post office late last week, it is
likely that those letters are still in transit through the post office and will be arriving shortly. All property owners and
residents within 200 feet must be notified per city ordinances, and staff confirmed that all required parties were
included in the applicant’s certificate of mailing.
The Planning Commission meeting on April 22 is open to the public, and any member of the public who wishes to
speak will have up to three minutes to speak at that meeting. If the Planning Commission does forward the request
to City Council, there is also opportunity to speak at that meeting as the City Council makes the final
determination on any proposed rezoning. Both meetings also have an option to attend virtually.
Staff is currently working on the staff report for this item, which should be posted to the city’s website around the
end of next week. Any public comments we receive by next Thursday, April 18 will be incorporated into the packet
for the Planning Commission’s consideration. Anyone may also provide an email to the planning department for
inclusion within the Planning Commission packet, and I will make sure to include this email when compiling the
document. I can also incorporate verbal comments given over the phone or in-person. Any verbal comments
received are summarized in the public comment section of the report, while written comments are included in the
packet as a whole. If anyone submits a comment after the packet is finalized, staff will forward the email to the
commissioners and update the presentation to account for the additional comment.
I’m happy to discuss further if you have any additional questions.
Best Regards,
Donna Wonsower (she/her)
Planner, Development Services
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 33 of 42
2
479-575-8358
Website | Facebook | Twitter | Instagram | YouTube
From: Planning Shared <planning@fayetteville-ar.gov>
Sent: Wednesday, April 10, 2024 1:52 PM
To: Wonsower, Donna <dwonsower@fayetteville-ar.gov>; kat.a.cook3@gmail.com
Subject: FW: S Duncan Rezoning
Kathryn,
Donna Wonsower is the planner assigned to this project.
Donna, please read below.
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website | Facebook | Twitter | Instagram | YouTube
From: Kathryn Cook <kat.a.cook3@gmail.com>
Sent: Wednesday, April 10, 2024 11:41 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Fwd: S Duncan Rezoning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
I am forwarding an email I just sent to my City Council representative about the rezoning of my
neighborhood for more large scale housing "luxury" apartments, or student housing. None of us were
aware of this, of course, and now we have no way of fighting. Please read these concerns. I've spoken to
many who live in this neighborhood and I currently live at 98 S Duncan and have for 12 years. I implore
you to rethink this decision that will put an entire block of affordable housing renters onto the streets of
Fayetteville.
Thank you for your time,
Kathryn Cook
---------- Forwarded message ---------
From: Kathryn Cook <kat.a.cook3@gmail.com>
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 34 of 42
3
Date: Wed, Apr 10, 2024, 11:35 AM
Subject: S Duncan Rezoning
To: <sarah.bunch@fayetteville-ar.gov>
Good morning,
I'm reaching out because I live at 98 S Duncan Ave and have for 12 years. We recently just found out that
our apartment is being sold for a large development, possible student housing. I just looked online and
apparently the rezoning went through, even though none of us knew it was happening and could not
speak up.
I'm trying to understand our options. This development is going to destroy an entire block of affordable
rental housing. No one in this neighborhood wants this. Furthermore, we will all be left homeless
because there is no rent in this town that's as affordable as ours and we're still fighting to make ends
meet.
I'm an Architect and I love where I live, the community, the neighborhood, and the affordability. Do we as
residents have any say in more of our housing being destroyed for overpriced student housing and
"luxury" apartments? My neighbors across the street bought the house next door to prevent more of this
egregious development that has constantly been destroying our neighborhoods, our town, and the ability
for the people who actually work here to enjoy it. It's absolutely disgusting.
I was kicked out of my last apartment, with one months notice for student housing and now it's
happening again. How can this rezone be allowed and this destruction of our actual affordable housing?
Especially when it's outside developers coming in. I had to beg my landlord to let us know what was
possibly going on but we're still in the dark.
Absolutely no one that actually lives in this area wants this. Does the city plan on helping all of these
people find new housing that's affordable and also safe? Most of these people don't have cars and live in
this location for the walk ability, as well. If I, an architect with a second job can't even afford to live in a
leaky basement apartment, how can we expect others to who actually work in hospitality and keep this
city running?
Chad Kahana is my neighbor and suggested I reach out because we're all at such a loss. On top of it, our
apartment building is about 100 years old and most likely the oldest original apartment building in our
city. Families live in this neighborhood. People stay here because it's beautiful, affordable, and a
wonderful location. We don't deserve to be pushed out of Fayetteville because some college can't
control its student population and created a space for greedy developers from out of state to come in
and tear apart our lives.
I appreciate any and all help we can get and any information. We've all been in a constant state of
anxiety, depression, and stress over this. I'm going to have to either get a third job, or completely leave
my company of ten years to move away because of this. We are humans and these are our homes. We
should not be punished and left on the streets.
Thank you for your time,
Kathryn Cook
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 35 of 42
4
479-567-9355
Architect
Two term Historic District Commission
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 36 of 42
1
Wonsower, Donna
From:Kathryn Cook <kat.a.cook3@gmail.com>
Sent:Wednesday, April 17, 2024 1:18 PM
To:Bunch, Sarah; Bostick, Britin; Wonsower, Donna
Subject:Plan Number: RZN-2024-0018
Attachments:Picsart_24-04-17_13-16-37-314.jpg
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good morning,
Is like to include this in the packet for the Planning Commission meeting on Monday, April 22.
I wanted to email a little more input and information on this possible destructive precedent that's about
to be set for viable neighborhoods in Fayetteville. I hope you will each take the time to drive this area
before voting through and allowing its demise.
We have a viable neighborhood full of multiple types of housing and people. We have renters, we owners.
We have families, college students, young professionals, and elders. Some of our residents have lived
here for decades and some just a few years. Myself, I've lived at 98 S Duncan for over 12 years. It's home.
All of our tenants, except one, have been in our building over five years.
Everyone loves this neighborhood, the trees, the wildlife, the walkablility, and most importantly the
community. We sit on our stoop and porches and talk. We stand in each other's front yards and talk
about how beautiful the lawn is. We take care of one another's pets, we help with groceries, we check on
those who don't have family and community outside of our neighborhood.
This is a fully residential neighborhood that also still offers places to live that are actually affordable. If
this rezone is allowed, our apartment will be sold and torn down (our homes) a long with everyone else
who will lose their home. We have one of the oldest, if not the oldest, apartment building in Fayetteville.
These are all healthy, viable places to live however, once we lose these, most of us will have to relocate
out of Fayetteville (along with having to find new jobs elsewhere).
Tearing down this neighborhood does not bring community, does not bring better quality of life, it only
brings overpriced student housing and overpriced apartments (about $1,200/month for a micro studio)
and it does not bring money to Fayetteville. It does not help the citizens.
This proposal does not adhere to the existing neighborhood context, it absolutely destroys it, just like The
Cardinal and Atmosphere have done. Not one person that lives there wants this yet we have absolutely
no say anymore.
Rezoning this sets the rest of the city up for more out of state developers to come in, kick everyone out of
there housing that's actually still affordable, completely demolish everything in it's path, and building
MORE student housing and luxury apartments. It only helps stuff the pockets of a just a few a hurts
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 37 of 42
2
everyone else. We should not continue to be punished because the University took the cap off of it's
yearly acceptance.
Along with this, another developer is buying all of the houses on the opposite side of the street of Duncan
(Putnam to the Cardinal) and is planning on tearing everything out along there for additional student
housing. My neighbors across the street bought the house next to them to try to prevent any of this and
yet it's happening. Their arms are being twisted and they will most likely sell because they don't think
they're healthy can handle all of this construction. Along with this, these developers show up once a
week harassing people about buying their homes.
If any of this is allowed, this neighborhood and community will be a thing of the past, yet again. It's truly
the ideal Fayetteville neighborhood and should be kept and protected.
We need zoning that prevents viable housing from being destroyed and NEIGHBOR PROTECTION ACTS.
We care about where we live and the people that love there. These are our Homes. We work day and
night to make ends meet yet it's not enough. There are plenty of lots that have sat empty for years, and
decades in this neighborhood that could actually be used for REAL INFILL. The argument that this is a
way for them to create appropriate infill for this area (by tearing everything down) is just not correct. That
is not infill. There is still land to make use and this does none of the things that were stated in the "Goals"
of this project.
I'm also still confused about the city promoting "employment clusters" and "promoting economic values
of employment clusters". This sounds like a way to drive out low income citizens from the actual city and
confide us into an area that never sees tax money or better infrastructure. It sounds pretty disgusting,
honestly. Especially when it's being used to take out housing that works so the rich can build luxury
housing for their friends.
Along with this, my apartment building and another on our street, were conveniently left off of the mailing
list for the information for any of this. I only found out because I spoke with a surveyor. Please truly
consider what precedent you're setting and how much destruction, homeless, and forced existing of the
community this will cause. See the whole picture.
I appreciate your time,
Kathryn Cook
AIA Architect
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 38 of 42
RMF-24
R-O
C-1 I-1
RMF-40
P-1
MSC
RPZD
DG NC
CS
C-2
RI-URAZORBACK
RD
AR
K
A
N
S
A
S
A
V
E
CENT
E
R
ST
DICKSON ST
SCHOOL
AVE
N E LSO N
HA C K E TTBL V D
MARTIN LUTHER
KING JR BLVD
RA
Z
O
R
B
A
C
K
R
D
STADI
UM
D
R
STADI
U
M
D
R
C L I N T O N D R
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
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2024-0018 707 W TREADWELL ST N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 39 of 42
P-1
DG
RMF-40
NC
RI-U
RMF-24
Oak Ridge
TrailOak
R
i
d
g
e
Con
n
e
c
t
o
r
Proposed MSC
CENTER ST
HI
L
L
A
V
E
DU
N
C
A
N
A
V
E
UN
I
V
E
R
S
I
T
Y
A
V
E
PUTMAN ST
HA
R
M
O
N
A
V
E
TREADWELL ST
AL
L
E
Y
6
3
3
AL
L
E
Y
7
2
9
Neighborhood Link
Urban Center
Alley
Residential Link
Hillside-Hilltop Overlay District
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0018 707 W TREADWELL ST
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
MSC
RMF-40
3.0
0.0
Total 3.0 ac1:2,400
Current
0.0
3.0
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 40 of 42
CENTER ST
DUNCANAV E
H
A
R
MON
AVE
HI
L
L
A
V
E
BUCHANAN
AVE
STONE STBULLDOG BLVD
C L I N T O N D R
Neighborhood Link
Institutional Master Plan
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2024-0018 707 W TREADWELL ST N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential
Undeveloped
Commercial
Single-Family Residential
1:3,600
Multi-Family Residential
Multi-Family Residential
Single-Family Residential /
Institutional
Mixed-Density Residential
Institutional
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 41 of 42
City
Neighborhood
Civic
Institutional
Non-Municipal
Government
Urban Center
RAZORBACK
RD
ARKANSAS
AVE
DICKSON ST
SCHOOL
AVE
N ELSO N
H A C KETT B L V D
MARTIN LUTHER
KING JR BLVD
RA
Z
O
R
B
A
C
K
R
D
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2024-0018 707 W TREADWELL ST N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
April 22, 2024
RZN-2024-0018 (SUBTEXT ACQUISITIONS LLC)
Page 42 of 42
Form v1.52
•
Account#: NWCL5004205 RECE: :,,;
VE
Company: CITY OF FAME I I EVILLE-.CLERKS OFFI JUN 2 20
113 W MOUNTAIN
FAYETTEVILLE AR 72701 clTr of s nY1rA
� CITY CLERIK'Adnumber#: 414280PO#:atterof: O6759AFFIDAV •STATEOFARNSAS
I, MariaHernandez-Lopez ,dosolnlyswear thatImthe LegalClerkoftheNWADemocratGazetteady
newspaper printed and published in WASHINGTONBENTON county,State ofARKANSAS;that 1 was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6759
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
---4 -----iliewii_i--xviipzy- ,,,,,,iniiii,,,,
V`I
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$103.36.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 06✓23/24;NWA nwaonline.com 06/23/24
.�` J�'G"�ssio"Stick,
7 Legal CI o •ir`Jzs ao F•.9 ,
State ofARKANSAS,County of Sebastian _ ;, x.OTA,q� m• s
Subscribed and sworn to before me on this 24th day of June, =m 7'r Q
9.,co pU B L\G ti?.2
N Y PUBLIC ::...47-.:-.•
Ordinance:6759
File Number: 2024-57
REZONING-2024-0018:
(SOUTHWEST OF W.TREADWELL
ST.AND S.HILL AVE./SUBTEXT
ACQUISITIONS, LLC. AND
MODUS STUDIO,522):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
18 FOR APPROXIMATELY 2.9
ACRES LOCATED SOUTHWEST
OF WEST TREADWELL STREET
AND SOUTH HILL AVENUE IN
WARD 2 FROM RMF-40,RESI-
DENTIAL MULTIFAMILY, 40
UNITS PER ACRE TO MSC,MAIN
STREET CENTER,SUBJECT TO A
BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty Shown On the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from RMF-40,Residential
Multifamily,40 Units per Acre to
MSC,Main Street Center,sub-
ject to a bill of assurance.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
June 18,2024
Approved:
Lionel()Jordan,
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:6103.36
June 23,2024 414280