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Doc ID: 022086410003 Type: RE
Kind: ORDINANCE
` '� Recorded: 05/01/2025 at 08:43:46 AM
reti
r Fee Amt: $25.00 Page i of 3
Washington County, AR
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it Clerk
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6857
File Number: 2025-363
REZONING-2025-0005: (1791 N.GARLAND AVE/JMAX PROPERTIES LLC,365):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-05 FOR
APPROXIMATELY 0.40 ACRES LOCATED AT 1791 NORTH GARLAND AVENUE IN WARD 2 FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE-
URBAN
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 RSF-4, Residential Single-Family, Four Units per Acre, to RI-U, Residential
Intermediate—Urban.
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 April 1,2025
Approved: Attest:
46,0K-) ' /°14412--Parl.1,.1,.‘..'.,''',',',/s..:!,‘
Molly Rawn,Mayor Kara Paxton,City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $94.24
Page 1
EXHIBIT B
Lot 4 in Rudolph Subdivision to the City of Fayetteville, Arkansas,as per plat on file in the office of
the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas,said being a part of the
SE-1/4 of the SE-1/4 of Section 5, Township 16 North, Range 30 West of the 5th Principal Meridian,
Washington County,Arkansas. LESS AND EXCEPT a part of Lot 4 of Rudolph Subdivision to the
City of Fayetteville,Washington County,Arkansas, described as follows: Commencing at a point
being used as the Southwest corner of Lot 7 of Rudolph Subdivision to the City of Fayetteville,thence
S87°10'55"E along the South line of said Lot 7 a distance of 211.72 feet to a point on the Westerly
right-of-way line of State Highway 112 and established by AHTD Job 9248, thence S02°43'10"W
along said right-of-way line a distance of 190.11 feet to a point on the North line of Lot 4 of Rudolph
Subdivision to the City of Fayetteville to the POINT OF BEGINNING; thence continue S02°43'10"W
along said right-of-way line a distance of 90.11 feet to a point on the South line of Lot 4 of Rudolph
Subdivision to the City of Fayetteville; thence N87°07'18"W along said South line a distance of 30.48
feet to a point on the Westerly right-of-way line of State Highway 112 as established by AHTD Job
040489; thence N06°20'49"E along said right-of-way line a distance of 90.26 feet to a point on the
North line of Lot 4 of Rudolph Subdivision to the City of Fayetteville; thence S87°09'08"E along said
North line a distance of 24.77 feet to the point of beginning, and containing 0.06 acres or 2,489 square
feet, more or less, as shown on AHTD plans referenced as Job 040489.
Subject to easements, right-of-ways, and protective covenants of record, if any.
Subject to all prior mineral reservations and oil and gas leases, if any.
Washington County,AR
I certify this instrument was filed on
05/01/2025 08:43:46 AM
and recorded in Real Estate
File Number 2025-00011330
Kyle Sylvester- Circuit Clerk
by
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6857
File Number: 2025-363
REZONING-2025-0005: (1791 N. GARLAND AVE/JMAX PROPERTIES LLC, 365):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-05 FOR
APPROXIMATELY 0.40 ACRES LOCATED AT 1791 NORTH GARLAND AVENUE IN WARD 2 FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -
URBAN
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 RSF-4, Residential Single -Family, Four Units per Acre, to RI-U, Residential
Intermediate — Urban.
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 April 1, 2025
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: $94.24
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 1, 2025
CITY COUNCIL MEMO
2025-363
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: REZONING-2025-0005: (1791 N. GARLAND AVE/JMAX PROPERTIES LLC, 365):
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'.
BACKGROUND:
The subject property is in north -central Fayetteville along N. Garland Avenue, approximately 300 feet north of
the intersection with W. Deane Street. Containing one parcel totaling 0.40 acres which is currently zoned RSF-
4, Residential Single -Family — Four Units per Acre, County records indicate that the property is developed with
a single-family home that was constructed around 1936. The property is not subject to any overlay districts.
Request: The request is to rezone the subject property from RSF-4, Residential Single -Family — Four Units per
Acre to RI-U, Residential Intermediate, Urban.
Public Comment: Staff has received comment both in support of and in opposition to the subject rezoning.
Those in support of the request found the request to be compatible with surrounding land uses, and the
opportunity for infill development on larger lots. Those in opposition were concerned about drainage, scale of
development, and lack of knowledge about specific development plans.
Land Use Compatibility: From a current land use standpoint, the request is not readily compatible with its
immediate surroundings. The property is surrounded by single-family zoning and single-family dwellings, with a
highly -regular lot configuration and setback pattern that currently meets that underlying zoning district. Most
homes in the surrounding area are single -story, though the current zoning district allows for structures up to
three stories. RSF-4 also requires a 15-foot front setback, while RI-U requires a 0- to 25-foot build -to -zone,
which would potentially introduce a varying setback pattern from the immediate surroundings. The introduction
of a build -to -zone in the area, however, begins to set a precedent toward a more walkable urban form along
this stretch of N. Garland Avenue. From a use perspective, the uses permitted in the RI-U zoning district are
typically compatible with single-family dwellings, including 2-, 3- and 4- family dwellings. The neighborhood and
site in question are also directly located on N. Garland Avenue, which is a Regional Link Street, indicating that
single-family uses may not be the highest and best use for the area in general.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future
Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential
Neighborhood Area, which indicates an intent for a variety of housing types. The number of elements
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
associated with appropriate infill potential also suggests that strictly single-family zoning is not consistent with
the area's overall potential and access to services and infrastructure. Increasing the available housing types
would align with City Plan goal #6 of increasing additional opportunities for housing and would help align with
the City's goal of making appropriate infill and revitalization the highest priority.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 8, 2266 W. Deane St.)
• Near Sewer Main (N. Garland Avenue, 8" line)
• Near Water Main (N. Garland Avenue, 8" line)
• Near Grocery Store (Harps, N. Garland Avenue)
• Near City Park (Lewis Soccer Complex)
• Near Paved Trail (On -Street Bike Land, N. Garland Avenue)
• Near Razorback Bus Stop (Garland and Sycamore)
DISCUSSION:
At the Planning Commission meeting on March 10, 2025, the request was forwarded to the City Council with a
6-3-0 vote in favor of approval. Commissioners Gulley, Garlock, and Payne opposed the request, arguing that
the RI-U zoning would not be compatible with the surrounding single-family homes. They also felt N. Garland
Avenue should serve as a boundary between City Neighborhood and Residential Neighborhood. Those in
favor of the request felt that the additional residential uses allowed by RI-U would blend well with the area and
argued that single-family housing might not be the best option for N. Garland Avenue, given its walkability. One
member of the public voiced opposition, raising concerns about reduced privacy and increased density
affecting their adjacent property.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-363
REZONING-2025-0005: (1791 N. GARLAND AVE/JMAX PROPERTIES LLC, 365):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-05 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1791 NORTH GARLAND AVENUE
IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
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 RSF-4, Residential Single -Family, Four
Units per Acre, to RI-U, Residential Intermediate — Urban.
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.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2025-363
Item ID
4/1/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/14/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2025-0005: Rezoning (1791 N. GARLAND AVE/JMAX PROPERTIES LLC, 365): Submitted by COMMUNITY BY
DESIGN for property located at 1791 N. GARLAND AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the
property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
W111-11W ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: March 10, 2025 Updated with final results
SUBJECT: RZN-2025-0005: Rezoning (1791 N. GARLAND AVE/JMAX
PROPERTIES LLC, 365): Submitted by COMMUNITY BY DESIGN for
property located at 1791 N. GARLAND AVE. The property is zoned RSF-
4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and
contains approximately 0.40 acres. The request is to rezone the property
to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0005 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward RZN-2025-0005 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north central Fayetteville along N. Garland Avenue, approximately 300
feet north of the intersection with W. Deane Street. Containing one parcel totaling 0.40 acres
which is currently zoned RSF-4, Residential Single -Family — Four Units per Acre, County records
indicate that the property is developed with a single-family home that was constructed around
1936. The property is not subject to any overlay districts. Surrounding land uses and zoning are
depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family — Four Units per Acre
South
Single -Family Residential
RSF-4, Residential Single -Family — Four Units per Acre
East
Mixed -Density Residential
RSF-4, Residential Single -Family — Four Units per Acre;
RMF-24, Residential Multi -Family, 24 Units per Acre
West
Single -Family Residential
RSF-4, Residential Single -Family — Four Units per Acre
Request: The request is to rezone the subject property from RSF-4, Residential Single -Family —
Four Units per Acre to RI-U, Residential Intermediate, Urban.
Public Comment: Staff has received comment both in support of and in opposition to the subject
rezoning. Those in support of the request found the request to be compatible with surrounding
land uses, and the opportunity for infill development on larger lots. Those in opposition were
concerned about drainage, scale of development, and lack of knowledge about specific
development plans.
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 1 of 19
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage to North Garland Avenue which is an improved
Regional Link — High Activity with asphalt paving, curb and gutter and sidewalk.
Any street improvements required in these areas would be determined at the time
of development proposal. Any additional improvements or requirements for
drainage will be determined at time of development.
Water: Public water is available to the subject property. There is an existing 6-inch
watermain present along the east side of N. Garland Avenue.
Sewer: Sanitary Sewer is available to the subject property. There is an existing 8-inch
sewer main present along the west side of N. Garland Avenue.
There are known wet weather sewer capacity issues identified in the City's 2021
Sewer Master Plan that appear in the system across the frontage of this property.
Drainage: The property is not within the Hillside -Hilltop Overlay District, a FEMA floodplain,
or near a protected stream. It has hydric soils, which are a known indicator of
wetlands. However, for an area to be classified as wetlands, it may also need other
characteristics such as hydrophytes (plants that grow in water), and shallow water
during parts of the year. Hydric soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It's important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required.
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 8, located at 2266 W Deane St., protects this site. The property is located
approximately 1.2 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 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 did not comment on this request.
Tree Preservation:
The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre
requires 25% minimum canopy preservation. The proposed zoning district of RI-
U, Residential Intermediate - Urban requires 15% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood.
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 2 of 19
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this
site with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 8, 2266 W. Deane St.)
• Near Sewer Main (N. Garland Avenue, 8" line)
• Near Water Main (N. Garland Avenue, 8" line)
• Near Grocery Store (Harps, N. Garland Avenue)
• Near City Park (Lewis Soccer Complex)
• Near Paved Trail (On -Street Bike Land, N. Garland Avenue)
• Near Razorback Bus Stop (Garland and Sycamore)
FINDINGS OF THE STAFF
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: Land Use Compatibility: From a current land use
standpoint, the request is not readily compatible with its immediate
surroundings. The property is surrounded by single-family zoning and
single-family dwellings, with a highly -regular lot configuration and setback
pattern that currently meets that underlying zoning district. Most homes in
the surrounding area are single -story, though the current zoning district
allows for structures up to three stories. RSF-4 also requires a 15-foot front
setback, while RI-U requires a 0- to 25-foot build -to -zone, which would
potentially introduce a varying setback pattern from the immediate
surroundings. The introduction of a build -to -zone in the area, however,
begins to set a precedent toward a more walkable urban form along this
stretch of N. Garland Avenue. From a use perspective, the uses permitted in
the RI-U zoning district are typically compatible with single-family dwellings,
including 2-, 3- and 4- family dwellings. The neighborhood and site in
question are also directly located on N. Garland Avenue, which is a Regional
Link Street, indicating that single-family uses may not be the highest and
best use for the area in general.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as a Residential Neighborhood
Area, which indicates an intent for a variety of housing types. The infill score
also suggests that strictly single-family zoning does not necessarily make
the most sense for the area overall. Increasing the available housing types
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 3 of 19
would align with City Plan goal #6 of increasing additional opportunities for
housing and would help align with the City's goal of making appropriate infill
and revitalization the highest priority.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RSF-4 to RI-U maintains the site's agreement with the
"Residential Neighborhood" designation, which calls out for a wide variety
of housing types of appropriate scale and context.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to RI-U would increase the allowable
density on the site from 4 units per acre (1 unit on the 0.40 acre site) to a
density that is instead limited by other development requirements, such as
parking, landscaping, and access. Staff does not find that the ultimate added
density would appreciably increase traffic danger or congestion. However, it
is worth noting that N. Garland Avenue is a Regional Link Street, which
typically requires a curb separation distance of 250 feet for 2-family
dwellings and above; any development above a single-family dwelling would
likely be in conflict with the City's access management standards, and
variances may be necessary with any future development above single-
family.
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: Rezoning the property from RSF-4 to RI-U would certainly increase the
potential population at the site, but staff does not find that it would be to an
undesirable degree; staff finds that given the City's growth and moderate
infill score, this rezoning would be an incremental step in providing more
options for housing. The Fayetteville Public School district did not comment
on the 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-2025-0005 to City
Council with a recommendation of approval.
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
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PLANNING COMMISSION ACTION: Required YES
Date: March 10,2025 O Tabled M Forwarded O Denied
(Motion: Gulley
ISecond: Cabe
6-3-0 (Commissioners Gulley, Garlock, Payne opposed
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.07 District RSF-4, Residential Single -Family — Four (4) Units Per Acre
o §161.12 District RI-U, Residential Intermediate - Urban
• Request Letter
One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Final Public Comment
(3.12.2025)
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
I Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
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Unit 44 1 Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(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 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 6 of 19
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear, from
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 1 2 stories/3 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. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945, §5(Exh. A), 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)
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
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 7 of 19
WRITTEN DESCRIPTION OF 1791 N. GARLAND AVENUE RI-U REZONE REQUEST PER THE CITY OF
FAYETTEVILLE REZONING APPLICATION
a. Current ownership information and any proposed or pending property sales.
The subject property is owned by Whitley Dunn and JMAX Properties LLC. There are no proposed or pending property
sales.
b. Reason (need) for requesting the zoning change.
The reason for the zoning change request is to ensure that future development on the property is in accordance with City
Plan 2040 goals. Specifically goal #1, to make appropriate infill and revitalization our highest priority and goals #2 and #3
to discourage suburban sprawl and make compact, complete, and connected development the standard. Goals #4 and
#6, to grow a livable transportation network and create opportunities for attainable housing will also be accommodated
better if the rezoning change is granted.
The property has approximately 90 linear feet of frontage along the west side of Garland Avenue. Future development on
the property with the RI-U District will make possible a compatible transition from the City Neighborhood Area Future Land
Use Designation located on the east side of Garland Avenue transitioning to the Residential Neighborhood Area
Designation on the west side of Garland Avenue. The RI-U District is designed to provide a range of housing types
compatible in scale with single-family homes and also to encourage a diversity of housing types to meet the demand for
walkable urban living.
c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance,
and signage.
The rules and regulations set forth in the RI-U District will make possible smaller -scaled development on the property that
is compatible to existing multi -family development along the east side of Garland Avenue and also compatible with
existing single-family development along the west side of Garland Avenue. With direct access to Garland Avenue and
transit along the corridor, development of the property with the RI-U district will not negatively impact traffic.
Availability of water and sewer (state size of lines).
Public Water and Sewer is available and accessible along Garland Avenue. 8" sanitary sewer mains and 8" water mains
exist on Garland Avenue.
d. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and
with land use and zoning plans.
Given the properties close proximity to services located along the Garland Avenue Corridor, development of the property
under the rules and regulations set forth in the RI-U District would be highly consistent with land use planning objectives,
principles, and policies. The RI-U District will make possible development that is in accordance with City Neighborhood
Areas while providing the flexibility needed to create an appropriate and compatible transition to the Residential
Neighborhood Areas.
The property has an infill rating of 7-8. The higher infill rating coupled with close proximity to transit fits the RI-U districts
intended purpose to provide a range of housing types compatible in scale with single-family homes. The rules and
regulations set forth in the RI-U District also make possible a development form that will discourage suburban sprawl and
make compact, complete, and connected development the standard. Those same rules and regulations will also make
possible more preservation of land.
e. Whether the proposed zoning is justified and/or needed at the time of the request.
The proposed zoning is needed at this time in order to ensure that future development on the property is more in
accordance with the principles of City Plan 2040.
f. Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
The proposed zoning will not create or appreciably increase traffic danger or congestion. The Garland Avenue corridor
can easily and safely accommodate any new traffic generated from development of the property.
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 8 of 19
g. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public
services including schools, water, and sewer facilities.
With only 0.40 acres proposed for rezoning to the RI-U District, the proposed zoning will not alter the population density in
a way that would significantly increase the load on public services.
h. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification.
The proposed zoning will encourage a development use and form that is more in accordance with City Plan 2040 and
contribute to the environmental, economic, and social benefits that City Plan 2040 offers.
Planning Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 9 of 19
community.by.design
r ■■. &.wC:ii
MI„1
TOWN PLAN N I NG.URBAN ENGINEERING
February 21, 2025
Via Email: jmasters(cr�,fayetteville-ar.gov
Ms. Jessica Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: 1791 N. Garland Ave. — Rezone Request
Additional Information
Ms. Masters,
The intent of this letter is to provide additional information for the request to rezone Parcel 765-10529-000 from RSF-4 to
RI-U. The parcel totals 0.38 acres and has 90 linear feet of street frontage along the west side of Garland Avenue located
approximately 275' north of W. Deane Street. Currently on the property is a single-family house. The owner intends for
the existing house to remain and to also build additional housing to the rear / west of the existing house.
RMF-24 multi -family zoning is predominate along the east side of Garland Avenue while RSF-4 single-family zoning is
the predominate zoning along the west side of Garland Avenue, with Garland Avenue being the boundary on the Future
Land Use map between City Neighborhood Area designation to the east and Residential Neighborhood Area to the west.
Garland Avenue is a transit route with the nearest transit stop located 790' to the south of the subject property on N.
Maxwell Drive, a 3-minute walk.
Garland Avenue is both a general land use / zoning boundary and a transit route making this corridor and the subject
property a transitional area that is most appropriate for the RI-U zoning district. The stated purpose of RI-U zoning per
City of Fayetteville Unified Development Code 161.12(A) is: "Purpose. The RI-U Residential District is designed to
permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of
housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand
for walkable urban living."
The RI-U district would allow for smaller scaled missing middle housing types on this small lot that would be compatible
with existing housing on both sides of Garland Avenue and would continue to not allow multi -family buildings in the
same way that the RSF-4 district currently does. We have had success designing and building smaller scaled, more
affordable, detached and attached missing middle housing types that look like single-family houses, and the RI-U zoning
regulations have made this possible. Precedent images of some of the missing middle housing types we have designed and
built with the zoning regulations of the RI-U district are attached to this letter.
We would like the opportunity to design and build something similar on the subject property as it would play a small part
in meeting the goals as set forth in City Plan 2040.
Sincerely,
Brian Teague, Director of Design
Community By Design
100 West Center Street Suite 300
Fayetteville, AR 72701
Planning COVr&7A0.6775
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 10 of 19
Letter to Jessica Masters
Apartment Houses - N. Washington Ave.
Two -Family House - W. Cleveland St.
Carriage Houses - Rear Lane
RE: 1791 N. Garland Ave. — Rezone Request
February 21, 2025
Two -Family House - W. Cleveland St.
0�
Cottage Court Houses - 11 th Street
Cottage Court Houses - I Ith Street
Planning Commission
March 10, 2(ftge 2 of 2
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 11 of 19
RZN-2025-0005 1791 N. GARLAND AVE
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Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Page 16 of 19
RZN-2025-0005
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March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 17 of 19
RZN-2025-0005 1791 N. GARLAND AVE
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anninq Commission
March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 18 of 19
RZN-2025-0005 1791 N. GARLAND AVE
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March 10, 2025
RZN-2025-0005 (JMAX PROPERTIES LLC)
Paqe 19 of 19
Compiled Public Comment
RZN-2025-0005
From: Chris Mitchell <Chris.Mitchell@georgesinc.com>
Sent: Monday, March 10, 2025 11:25 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Cc: Melissa Daniel <grade4ap@hotmail.com>
Subject: RE: [EXTERNAL] RE: RZN 2025-0005/1791 N. Garland Avenue
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.
Jessie - Will there be a public comment period during tonight's meeting? If so, I'd like to
speak. If that's not an option, I do want to clarify and expound on my previous comments
and make sure they are included for the Planning Commission:
• Garland Avenue appears to be a dividing line in the City's 2040 Plan, with the east
side being designated a City Neighborhood and the west side (subject of this issue)
being designated a Residential Neighborhood. This rezoning request ignores this
boundary and attempts to "move the map" by arguing that proximity to the City
Neighborhood should transform a Residential Neighborhood into City
Neighborhood.
• The west side is already designated for an ADU, which accomplishes the city's goals
of urban density, walkability, and affordable housing without doing something that
is completely out of character with that portion of the west side of Garland. There is
already one property that has built an ADU and it fits in perfectly with the character
of the neighborhood, which is entirely residential. Rezoning to RI-U would alter the
neighborhood and work against Goal #1 which states, in part, "Infill resulting in out -
of -scale buildings with a different architectural style and impacts such as noise and
privacy are not appropriate" (emphasis added). I can't see how adding several
units (including the potential for three story buildings) next to my backyard can
have anything but a negative impact on noise and privacy.
• The property owners state in their letter to Zoning & Development that this is a .38
acre lot and they intend to leave the currently existing home intact. The zoning regs
as I understand them also only allow for development on 60% of the lot. Given the
lot size and stated intent to leave the existing home, the moving party would need to
demonstrate how 2-4 separate housing units could possibly fit into this area. That's
without considering eradicating the existing tree canopy and whether there will be a
need for a retention pond. As pointed out in my prior comments, this stretch of
Garland already has horrible drainage, with standing water visible in the yards of
most homes up to a week after a rainfall event. I can't see how eliminating tree
canopy and adding hardscape would do anything other than negatively impact and
already serious draining problem.
• Finally, when the city talks about long terms goals of density and walkability, I'd like
to think my family of five was scoped into this definition. We made the very
intentional decision last year to move from the suburbs to be close to the city center
so we'd have easy access to the Greenway and could walk to area establishments
like City Park, Leverett Lounge, and athletics and arts events at the
University. Changing the characteristics of an existing neighborhood in a way that
Compiled Public Comment
RZN-2025-0005
alters our reasonable expectation of some degree of privacy and quiet will drive
families like us away from the city center and back to the suburbs.
Thanks,
Chris
Chris D. Mitchell I VP of Legal, EHS, & Compliance I George's Inca P.O. Drawer G I Springdale AR 72765 1
Office: (479) 927-7732 1 Cell: (479) 200-4197 1 www.georgesinc.com
From: Chris Mitchell <Chris.Mitchell @georgesinc.com>
Sent: Tuesday, March 4, 2025 5:04 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Cc: Melissa Daniel <grade4ap@hotmail.com>
Subject: RE: [EXTERNAL] RE: RZN 2025-0005/1791 N. Garland Avenue
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.
Thanks Jessie, appreciate the response. I understand the city's goal with this sort of
rezoning - walkable communities, urban density, lower/middle-income housing, etc. I
don't want to be a NIMBY, but I also have some serious concerns about potentially
shoehorning a 4 unit apartment into a small backyard (I'm familiar w/ the dimensions,
because it' the exact size of my backyard). I don't see how this is feasible without removing
what little tree canopy exists on that piece of property and building on more that 60% of
the lot, which I understand is impermissible under this zoning standard. Plus, there are
serious draining issues along just about every piece of property on that side of Garland, so
I'm interested in what impact it would have, if any, on an already terrible drainage issue. It
is my understanding our area is already zoned for an RDU and this would seem to be a
much more realistic use of the property and wouldn't change the character of the street,
which is entirely residential (with one RDU) on that side of Garland.
My neighbor on the other side of my property is a developer and I'm meeting with him
tonight to make sure I understand our rights in this process and when and where it's
appropriate to engage with the city. So I may very well have some more formal comments
I'll pass along to you to share with the Planning Commission and I intend to be at the
meeting on Monday the 101h. I will also say that I've been engaging with Brian Teague on
this issue and, to his credit, he has been responsive and helpful and has been so kind as to
send me some examples of projects he's worked on in the city. My sticking point though, is
that he can't tell me exactly what their plans are for the property. If I don't get some clarity
around future plans I'm not sure I have any other choice that to protest the rezoning in
whatever capacity I can for as long as I can. I'll be in touch later in the week if it makes
sense to submit formal comments. Best,
Compiled Public Comment
RZN-2025-0005
Chris
Chris D. Mitchell I VP of Legal, EHS, & Compliance I George's Inca P.O. Drawer G I Springdale AR 72765
Office: (479) 927-7732 1 Cell: (479) 200-4197 1 www.georgesinc.com
From: Masters, Jessica <jmasters@fayetteville-ar.gov>
Sent: Monday, March 3, 2025 9:36 AM
To: Chris Mitchell <Chris.Mitchell@georgesinc.com>
Cc: danielmel1978@gmail.com
Subject: [EXTERNAL] RE: RZN 2025-0005/1791 N. Garland Avenue
CAUTION (0365): This email originated from outside of George's network. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Chris,
Thank you for the email and phone call. The snow days a couple weeks ago have put me pretty far
behind, so I really appreciate the patience!
The applicant is requesting to rezone their property (listed above) to RI-U, Residential Intermediate -
Urban. The zoning district they are requesting would allow for an up -to 4 unit apartment building by -
right, a maximum of 3 stories, and any associated parking, tree preservation, and drainage requirements
that would ultimately be required when they came through to pursue a development. The zoning
district requirements can be found at that link.
The applicant's request letters can be found attached to this email. As you are likely aware, the item will
be heard by the Fayetteville Planning Commission on Monday, March 10, beginning at 5:30 PM.
Members of the public are invited to attend that meeting, either in -person in City Council chambers (113
W. Mountain Street) or virtually through zoom. Information about how to attend virtually can be found
here. You may also submit any written comment to me, and I will make sure the Planning Commission
receives it prior to the meeting.
I am happy to answer any additional questions you might have. Sincerely,
Jessie
Jessie Masters, AICP
Development Review Manager
Development Services
City of Fayetteville, Arkansas
(479) 575-8239
www.faVetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
ARKANS
waKwNsws
Compiled Public Comment
RZN-2025-0005
From: Holly Hamilton <hamilton.holly.j@gmail.com>
Sent: Tuesday, March 4, 2025 12:40 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Question: Adjacent Property Owner -- RZN 2025-005
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.
Adjacent Property Owner -- RZN 2025-005
Holly Hamilton
Owner 1806 N Janice Ave, Fayetteville AR
Hello Jessica, 2 quick questions concerning the Planning Meeting on March 10th
Is it encouraged that neighbors attend?
Will there be an opportunity to speak up in favor of the rezone?
I have received a letter concerning a possible rezone for the property at 1791 N Garland Ave. in
Fayetteville. The property in question is behind my next -door neighbor's house and I am in FULL
SUPPORT of the rezone to RI-U. I would welcome the same rezoning if it were directly behind
my house, or extended to the west side of Garland Ave. and all of Janice Ave.
Having owned my home for 20 years, I have seen the area change dramatically and for the
better. Gone are the days of drug deals and stabbings at the Sleezy Mart. Many of us who have
been in the area for a while have little concern about increased density, traffic, or additional 3-
story multifamily builds.
I welcome even more people to share in the community -building benefits that the location
provides - Easy commute to the UofA and University Bus Route, quick access to 49, and access
to our wonderful greenway trail system, not to mention the friendly neighbors.
The homes in our neighborhood all feature large lots and I expect that we continue to see small
and/or local developers investing in the area. It is also my hope that our local government can
continue to support these efforts as well as continue to support current homeowners through
ADUs and other resources to increase the use of existing lots with low -impact housing.
Thank you for your time, Holly
Holly Hamilton
479-200-2854
Compiled Public Comment
RZN-2025-0005
From: Chris Mitchell <Chris.Mitchell @georgesinc.com>
Sent: Monday, February 24, 2025 9:46 AM
To: Masters, Jessica <Imasters@favetteville-ar.gov>
Cc: danielmel1978@gmail.com
Subject: RZN 2025-0005/1791 N. Garland Avenue
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.
Ms. Masters,
I just left you a VM and was following up so you'd have email contact information also. My
wife and I (cc'd on this) received notice via mail on Saturday about a rezoning request for
the property next to our house. We're at 1777 N. Garland and have been at that location for
a bit over a year. The strip of Garland where we reside is entirely residential, so we have
concerns about the rezoning request and would like additional information so we can have
an informed opinion as to next steps. If you could contact me at your convenience, it would
be much appreciated. Best,
Chris
Chris D. Mitchell I VP of Legal, EHS, & Compliance I George's Inca P.O. Drawer G I Springdale AR 72765 1
Office: (479) 927-7732 1 Cell: (479) 200-4197 1 www.georgesinc.com
Forth 0.54
N\AlAm
fii"i
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 496290
PO #:
Matter of: ORD 6857
AFFIDAVIT • STATE OFARKANSAS
ECEIVE
04/07/2025
CITY OF FAYETTEVeLLE
CITY CLERK'S BFFICE
I Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily
newspaper printed and published in WASHINGTON/B1 NTON county, State of ARKANSAS; that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of
ORD 6857
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
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 $94.24.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 04106125; NWA nwaonline.com 04/06/25
\\���� �GY B Rq S
Legal Clerk o per?. �, ss...4
State of ARKANSAS, County of Sebastian ZZNOTARY /s
Subscribed and sworn to before me on this 7th day of April, 202s "' : 6i� " `/'
C
///,/CO
NO ARY PUBLIC
Ordinance: 6857
File Number: 2025-363
REZONING-2025-0005:(1791
N. GARLAND AVE/JMAX PROP-
ERTIES LLC, 365):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
05 FOR APPROXIMATELY 0.40
ACRES LOCATED AT 1791
NORTH GARLAND AVENUE IN
WARD 2 FROM RSF-4, RESIDEN-
TIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE TO RI-U, RESI-
DENTIALINTERMEDIATE-URBAN
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 RSF-4, Residential
Single -Family, Four Units per
Acre, to RI-U, Residential Inter-
mediate — Urban.
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
April 1, 2025
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: $94.24
April 6, 2025 496290
