HomeMy WebLinkAboutOrdinance 6865113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6865
File Number: 2025429
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 5/13/2025 12:21:30 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00012647
REZONING-2025-0009: (S. RAZORBACK RD & S. ASHWOOD AVE/CUNNINGS ARKANSAS, 638):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-09 FOR
APPROXIMATELY 5.9 ACRES LOCATED AT SOUTH RAZORBACK ROAD AND SOUTH ASHWOOD
AVENUE IN WARD 1 FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO R-A, RESIDENTIAL -
AGRICULTURAL, AND CS, COMMUNITY SERVICES
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 NS-L, Neighborhood Services -Limited to R-A, Residential -Agricultural, and CS,
Community Services
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 May 6, 2025
Approved:
Molly Rawn, Mayor
Attest:
�HNCION,o`
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $98.80
Page 1
File Number: 2025-00012647 Page 1 of 3
RZN-2025-0009
S. RAZORBACK RD & S.
ASHWOOD AVE
EXHIBIT A
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Neighborhood Link
Residential Link
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— — — Trail (Proposed)
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1 Planning Area
_ ! Fayetteville City Limits
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0 75 150 300
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Zone
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R-A
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Total 5.9 ac
File Number: 2025-00012647 Page 2 of 3
EXHIBIT B
Legal Description
Portion to be Rezoned to CS -Community Services:
Washington County Parcel No. 765-15399-000:
A part of the Northwest Quarter, Northeast Quarter of Section 29, Township 16 North, Range 30 West,
Washington County, Arkansas, being more particularly described as follows: Beginning at the Northwest
corner of said 40 acre tract, thence South 89 degrees 59 minutes 37 seconds East 453.26 feet, to the
centerline of Ashwood Avenue, thence South 45 degrees 00 minutes 06 seconds East 124.95 feet to the
centerline of State Highway 265, thence South 45 degrees 41 minutes 05 seconds West 74.91 feet,
thence South 27 degrees 20 minutes 20 seconds West 142.95 feet, thence South 15 degrees 17 minutes
04 seconds West 416.87 feet, thence South 19 degrees 38 minutes 47 seconds West 126.22 feet, thence
South 27 degrees 37 minutes 30 seconds West 152.79 feet, thence South 31 degrees 41 minutes 25
seconds West 250.95 feet thence South 28 degrees 43 minutes 11 seconds West 140.17 feet, thence
leaving said centerline North 1260.56 feet to the point of beginning, containing 8.62 acres, more or less.
Subject to the right of way of Ashwood Avenue and Highway 265 on the East side. Also subject to any
easements of record. LESS AND EXCEPT, Part of Lots 7 through 11, Block 2 of Broad Acres Subdivision,
being a part of the North Half of the Northeast Quarter of Section 29 and part of the Northwest Quarter of
the Northeast Quarter of Section 29, Township 16 North, Range 30 West, Washington County, Arkansas,
more particularly described as follows: Starting at the Northwest corner of the Northwest Quarter of the
Northeast Quarter of Section 29; thence South 87 degrees 28 minutes 27 seconds East along the North
line thereof a distance of 384.90 feet to a point on the Northwesterly proposed right of way line of
relocated State Highway 265 for the point of beginning; thence continue South 87 degrees 28 minutes 27
seconds East along the North line of the Northwest Quarter of the Northeast Quarter of Section 29 a
distance of 38.31 feet to a point on the Southwesterly existing right of way line of Ashwood Avenue;
thence in a Southeasterly direction along said existing right of way line along a curve to the left having a
radius of 164.84 feet a distance of 1.44 feet to a point; thence South 41 degrees 49 minutes 57 seconds
East along said existing right of way line a distance of 100.54 feet to a point on the Northwesterly existing
right of way line of State Highway 265; thence in a Southwesterly direction along said existing right of way
line on a curve to the left having a radius of378.75 feet a distance of218.01 feet to a point; thence South
17 degrees 19 minutes 40 seconds West along said existing right of way line a distance of 385.45 feet to
a point; thence in a Southerly direction along said existing right of way line on a curve to the right having a
radius of 1001. 74 feet a distance of 299.22 feet to a point; thence South 34 degrees 26 minutes 32
seconds West along said existing right of way line a distance of 276.15 feet to a point on the West line of
Lot 7, Block 2, Broad Acres Subdivision; thence North 02 degrees 31 minutes 05 seconds East along said
West line a distance of 47.15 feet to a point on the Northwesterly proposed right of way line of State
Highway 265; thence North 23 degrees 32 minutes 05 seconds East along said proposed right of way line
a distance of 27.63 feet to a point; thence North 29 degrees 32 minutes 05 seconds East along said
proposed right of way line a distance of 108.33 feet to a point; thence North 34 degrees 07 minutes 01
seconds East along said proposed right of way line a distance of 101.07 feet to a point; thence North 35
degrees 29 minutes 24 seconds East along said proposed right of way line a distance of 82.17 feet to a
point; thence North 17 degrees 52 minutes 46 seconds East along said proposed right of way line a
distance of 204.94 feet to a point; thence North 17 degrees 19 minutes 40 seconds East along said
proposed right of way line a distance of 177.48 feet to a point; thence North 28 degrees 37 minutes 18
seconds East along said proposed right of way line a distance of 102.18 feet to a point; thence North 18
degrees 28 minutes 50 seconds East along said proposed right of way line a distance of 102.61 feet to a
point; thence North 20 degrees 28 minutes 50 seconds East along said proposed right of way line a
distance of 102.61 feet to a point; thence North 06 degrees 15 minutes 51 seconds East along said
proposed right of way line a distance of 107.41 feet to a point; thence North 1 degree 29 minutes 24
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File Number: 2025-00012647 Page 3 of 3
EXHIBIT B
seconds West along said proposed right of way line a distance of 48.57 feet to the point of beginning and
containing 1.27 acres, more or less.
LESS AND EXCEPT:
Any portion of the foregoing lying within the following description:
Lots Seven (7), Eight (8), Nine (9), Ten (10), and Eleven (11), all in Block Two (2) of Broad Acres
Subdivision, as per plat thereof on file in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
Portion to be Rezoned to R-A—Residential Agricultural:
Washington County Parcel No. 765-03019-000:
Lots Seven (7), Eight (8), Nine (9), Ten (10), and Eleven (11), all in Block Two (2) of Broad Acres
Subdivision, as per plat thereof on file in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
Subject to existing rights of way and easements of record.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 6, 2025
CITY COUNCIL MEMO
2025-429
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-2025-0009: (S. RAZORBACK RD & S. ASHWOOD AVE/CUNNINGS
ARKANSAS, 638):
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 located just north of the Fulbright Expressway at the southwest corner of Razorback
Road and Cato Springs Road. The property received its current zoning designation of NS-L, Neighborhood
Services -Limited, through a staff -initiated rezoning associated with the implementation of the Fayette Junction
Master Plan in 2011 (RZN 11-3892). A previous rezoning request at this property was denied in 2022 by City
Council (RZN-2022-000001), with the Council citing development difficulties due to the terrain of the property.
The property is currently undeveloped and lies within the Hillside -Hilltop Overlay District. Most land to the west
lies within a conservation easement.
Request: The request is to rezone the subject property from NS-L, Neighborhood Services -Limited, to CS,
Community Services, and R-A, Residential -Agricultural. No development plans have been shared with this
application, but the applicant originally requested to rezone the entire property to RMF-24, indicating an intent
to develop multi -family residential.
Public Comment: Staff did not receive any public comment relating to the rezoning request.
Land Use Compatibility: Staff finds the proposed zoning to be partially compatible with the existing nearby land
uses. The CS zoning district is intended to encourage mixed -use development that is urban in form. The
property was rezoned to NS-L in 2011 with staff noting that the property would be difficult if not impossible to
develop with multi -family dwellings given the physical limitations of the property and the parking and land area
per dwelling requirements associated with that use. However, other properties in the area have been rezoned
to districts that allow multi -family dwellings by -right, including CS. Given the emerging development pattern in
the area, staff finds that a rezoning to CS would be largely compatible with surrounding land uses and zoning.
The form -based nature of the zoning district and the regulations tied to the Hillside -Hilltop Overlay District
along with the topographical challenges of the site will naturally limit the impact of any future development on
the property. The parcel zoned R-A, which would be used as tree preservation area, would complement the
existing natural area to the west.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this
property as a Residential Neighborhood Area. The property was previously identified as a Natural Area in City
Plan 2025, so the updated designation reflects a desire for residential development on this site. Rezoning one
parcel to CS would allow for a greater variety of residential and commercial uses and densities that are
pedestrian oriented and will be naturally limited by the physical constraints of the site. Staff finds that rezoning
to CS could support Goal 6 of City Plan 2040 by creating an opportunity to develop more housing.
Conversely, one of the goals identified in the Fayette Junction Master Plan is to integrate the built and natural
environment. One component of that goal is to preserve the hillside gateway near the intersection of
Razorback Road and the Fulbright Expressway. As noted in the plan, the hillside reflects the natural beauty of
the Ozarks, and preservation of it would symbolize the City's commitment to sustainability and the attention to
the balance between preservation and development. Since the hillside that the subject property is located on is
largely protected by a conservation easement, staff finds that the rezoning request would still be consistent
with this goal.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 4 and 6 for
this site. The following elements of the matrix contribute to this score:
• Adequate Fire Response (Station #9, 990 S. Hollywood Ave.)
• Near Sewer Main (8-inch main W. Cato Springs Rd.)
• Near Water Main (8-inch main S. Razorback Rd.)
• Near City Park (Town Branch Trail Corridor)
• Near Paved Trail (Cato Springs Trail, Town Branch Trail)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
DISCUSSION:
At the March 25, 2025 Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Garlock was opposed, citing concerns with tree
preservation and the steep topography of the site. Commissioners in favor offered little other comment. No
members of the public spoke at the meeting.
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 #: 2025-429
REZONING-2025-0009: (S. RAZORBACK RD & S. ASHWOOD AVE/CUNNINGS ARKANSAS,
638):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2025-09 FOR APPROXIMATELY 5.9 ACRES LOCATED AT SOUTH RAZORBACK ROAD AND
SOUTH ASHWOOD AVENUE IN WARD 1 FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED
TO R-A, RESIDENTIAL -AGRICULTURAL, AND CS, COMMUNITY SERVICES
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 NS-L, Neighborhood Services -Limited to R-
A, Residential -Agricultural, and CS, Community Services
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
City of Fayetteville Staff Review Form
2025-429
Item ID
4/15/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 3/28/2025 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2025-0009: Rezoning (S. RAZORBACK RD & S. ASHWOOD AVE/CUNNINGS ARKANSAS, 638): Submitted by
WATKINS, BOYER, GRAY & CURRY for property located at S. RAZORBACK RD & S. ASHWOOD AVE. in WARD 1. The
property is zoned NS-L, NEIGHBORHOOD SERVICES - LIMITED and contains approximately 5.9 acres. The request is
to rezone the property to R-A, RESIDENTIAL -AGRICULTURAL, and CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: March 24, 2025 Updated with final results
SUBJECT: RZN-2025-0009: Rezoning (S. RAZORBACK RD & S. ASHWOOD
AVE/CUNNINGS ARKANSAS, 638): Submitted by WATKINS, BOYER,
GRAY & CURRY for property located at S. RAZORBACK RD & S.
ASHWOOD AVE. The property is zoned NS-L, NEIGHBORHOOD
SERVICES - LIMITED and contains approximately 5.9 acres. The request
is to rezone the property to R-A, RESIDENTIAL -AGRICULTURAL, and CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0009 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2025-0009 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located just north of the Fulbright Expressway at the southwest corner of
Razorback Road and Cato Springs Road. The property received its current zoning designation of
NS-L, Neighborhood Services -Limited, through a staff -initiated rezoning associated with the
implementation of the Fayette Junction Master Plan in 2011 (RZN 11-3892). A previous rezoning
request at this property was denied in 2022 by City Council (RZN-2022-000001), with the Council
citing development difficulties due to the terrain of the property. The property is currently
undeveloped and lies within the Hillside -Hilltop Overlay District. Most land to the west lies within
a conservation easement. Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Natural Area
RMF-24, Residential Multi -family - 24 Units per Acre
South
Natural Area
CS, Community Services
East
Professional Offices
1-1, Heavy Commercial and Light Industrial;
CS, Community Services
West
Natural Area
P-1, Institutional
Request: The request is to rezone the subject property from NS-L, Neighborhood Services -
Limited, to CS, Community Services, and R-A, Residential -Agricultural. No development plans
have been shared with this application, but the applicant originally requested to rezone the entire
property to RMF-24, indicating an intent to develop multi -family residential.
Public Comment: Staff has not received any public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject area has frontage along S. Razorback Road. Razorback Road is a
fully improved Regional Link street with asphalt paving, sidewalk, and curb and
gutter. Any street improvements required in these areas will be determined at the
time of development proposal.
Water: Public water is available to the subject area. An existing eight -inch main is present
along the east side of Razorback Road.
Sewer: Sanitary sewer is available to the subject property. There is an existing eight -inch
sewer main on the east side of South Razorback Road at the northeast corner of
the property. Due to the location of the existing sewer within the intersection of S.
Razorback Road and W. Cato Springs Road a sewer main extension may be
required to extend the sewer across South Razorback Road onto the subject
property.
There are known wet weather sewer capacity issues identified in the City's 2021
Sewer Master Plan that appear in the system approximately 2,400 linear feet
downstream of this property.
Drainage: No portion of the property lies within a FEMA designated floodplain and no
protected streams or hydric soils are present. The entire property lies within the
Hillside -Hilltop Overlay District, which will place additional restrictions on any future
development. Engineered footing designs will be required at the time of building
permit submittal, as well as grading, erosion control, and abbreviated tree
preservation plans. Any additional improvements or requirements for drainage will
be determined at the time of development.
Fire: Station 9, located at 2250 S. School Avenue, protects this site. The property is
located approximately 1.1 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. The 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 express any concerns with this request.
Tree Preservation:
The proposed zoning districts of CS, Community Services, and R-A, Residential -
Agricultural require 20% and 25% minimum canopy preservation respectively.
The current zoning district of NS-L, Neighborhood Services -Limited, 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 a Residential Neighborhood Area. The property is
also within the Fayette Junction Master Plan area.
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.
The Fayette Junction Master Plan is the City's second complete neighborhood plan, adopted in
the Spring of 2009, as part of City Plan 2025. The plan aims to integrate the built and natural
environment to support a clean tech cluster, a multi -modal transit hub, and support the protection
of, and expansion to, the neighborhoods within the Fayette Junction area.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
4 and 6 for this site, with a weighted score of 6 at the highest level. The following elements of the
matrix contribute to this score:
• Adequate Fire Response (Station #9, 990 S. Hollywood Ave.)
• Near Sewer Main (8-inch main W. Cato Springs Rd.)
• Near Water Main (8-inch main S. Razorback Rd.)
• Near City Park (Town Branch Trail Corridor)
• Near Paved Trail (Cato Springs Trail, Town Branch Trail)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
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: Staff finds the proposed zoning to be partially
compatible with the existing nearby land uses. The CS zoning district is
intended to encourage mixed -use development that is urban in form. The
property was rezoned to NS-L in 2011 with staff noting that the property
would be difficult if not impossible to develop with multi -family dwellings
given the physical limitations of the property and the parking and land area
per dwelling requirements associated with that use. However, other
properties in the area have been rezoned to districts that allow multi -family
dwellings by -right, including CS. Given the emerging development pattern in
the area, staff finds that a rezoning to CS would be largely compatible with
surrounding land uses and zoning. The form -based nature of the zoning
district and the regulations tied to the Hillside -Hilltop Overlay District along
with the topographical challenges of the site will naturally limit the impact of
any future development on the property. The parcel zoned R-A, which would
be used as tree preservation area, would complement the existing natural
area to the west.
Land Use Plan Analysis: The proposed zoning is consistent with the Future
Land Use Map designation of this property as a Residential Neighborhood
Area. The property was previously identified as a Natural Area in City Plan
2025, so the updated designation reflects a desire for residential
development on this site. Rezoning one parcel to CS would allow for a
greater variety of residential and commercial uses and densities that are
pedestrian oriented and will be naturally limited by the physical constraints
of the site. Staff finds that rezoning to CS could support Goal 6 of City Plan
2040 by creating an opportunity to develop more housing.
Conversely, one of the goals identified in the Fayette Junction Master Plan
is to integrate the built and natural environment. One component of that goal
is to preserve the hillside gateway near the intersection of Razorback Road
and the Fulbright Expressway. As noted in the plan, the hillside reflects the
natural beauty of the Ozarks, and preservation of it would symbolize the
City's commitment to sustainability and the attention to the balance between
preservation and development. Since the hillside that the subject property is
located on is largely protected by a conservation easement, staff finds that
the rezoning request would still be consistent with this goal.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
a mix of CS and R-A. Rezoning a parcel to CS would allow for an extension
of the current residential development pattern in the area to the north, and
rezoning the other parcel to R-A would allow for continued protection of the
natural environment.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning to CS will likely lead to increased traffic along Razorback Road
which is classified as a Regional Link street. However, given the physical
constraints of the site, any impact is likely to be limited. Since no
development proposal was submitted with this request, staff will identify and
mitigate any traffic concerns at the time of development review.
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: Staff finds that the proposal would likely result in an increased demand for
public services. With immediate access to water and sanitary sewer nearby,
staff does not anticipate a need for lengthy main extensions that may pose
a heightened maintenance issue in the future.
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-2025-0009 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
I Date: March 24. 2025
(Motion: Castin
ISecond: Cabe
jVote: 7-1-0 (Garlock o
BUDGET/STAFF IMPACT:
None
O Tabled f-1 Forwarded O Denied
with a recommendation
of approval
Attachments:
• Unified Development Code:
o §161.03 — R-A, Residential -Agricultural
o §161.18 — Neighborhood Services- Limited
o §161.22 — Community Services
• Request Letter
• Fayette Junction Illustrated Master Plan
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half 'h
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback
from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the
building over one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
161.18 NS-L, Neighborhood Services - Limited
(A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed -use area of low
intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with
sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a
residential zone.
(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 12a
Limited Business
Unit 24
Home occupations
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
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
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating places
Unit 15
Neighborhood shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities*
Unit 45
Small scale production
(C) Density.
Units per acre I Ten 10 or less
(D) Bulk and Area.
(1) Lot Width Minimum.
Single-family
35 feet
Two (2)family
35 feet
Three or more
35 feet
All other uses
None
(2) Lot Area Minimum.
Single-family
4,000 square feet
Two (2) family or more
3,000 square feet of lot area per
dwelling unit
All other permitted and
None
conditional uses
(E) Setback Regulations.
Front:
A build -to zone that is located between 10 and 25
feet from the front property line.
Side
5 feet
Rear
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 60% of the total area of the lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed -
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(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 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-in/drive through
restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
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 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
WILLIAM P. WATKINS, in, P.A.
RONALD L. BOYER (OF COUNSEL)
JENNIFER E. GRAY, P.A.*
ANDREw T. CURRY, P.A.
WILLIAM A. KELLSTROM
*ALSO LICENSED IN MISSOURI
City of Fayetteville
Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
WATKINS, BOYER,
GRAY & CURRY, PLLC
ATTORNEYS AT LAW
WRITER'S DIRECT E-MAIL
wkellstrom@watkinslawoffice.com
March 3, 2025
DELYNN HALE, SECRETARY
Amy BENSON, PARALEGAL
WHITNEY DUCKER, OFFICE MANAGER
RE: Rezoning Parcel Nos. 765-15399-000 & 765-03019-000 from NS-L—
Neighborhood Services, Limited, to Mix of CS —Community Services and
R-A—Residential Agricultural
Dear Planning Staff.
My name is Will Kellstrom, and I have been retained to obtain a rezoning of the
aforementioned properties. The applicant is requesting that the property, Parcel Nos.765-15399-
000 and 765-03019-000 (hereinafter "the Property'), be rezoned from NS-L Neighborhood
Services, Limited, to a mixture of CS, Community Services, and R-A, Residential Agricultural.
The proposed rezoning will not unreasonably adversely conflict or affect the surrounding
land uses. Currently, the Property is bordered by RMF-24 to the North, I-1 to the East, P-1 to the
West, and CS to the South and East. RMF-24 is a moderate to high density residential zoning and
CS is a moderate to high density form -based mixed use zoning with no residential density cap. P-
1 and I-1 are for institutional uses and industrial uses, respectively. Accordingly, the subject
property does not abut any single family or other zones which it may adversely conflict with.
Furthermore, the property is located on Razorback Road, which is a major arterial roadway, and
is nearby to Interstate 49. Accordingly, a rezone to CS would not adversely affect any adjacent
land uses.
After further discussions with staff, the decision was made to amend the original request
of RMF-24 to a mix of CS and R-A, as indicated above. The change to CS was made due to
staff s desire to see the Property zoned to a form -based code that allowed for a mix of uses. The
decision to preserve a portion of the Property with an R-A zoning was to create more
compatibility with the preserved City -owned land to the West.
1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING
ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY
PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT
Fx: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION
WWW.WATKINSLAWOFFICE.COM CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION
Thank you for considering this request for rezoning. If you have any questions, please
contact me at 479-636-2168 or at wkellstrom(a,watkinslawoffice.com.
Sincerely,
WATKINS, BOYER,
GRAY & CURRY, PLLC
ls/ Will A. Kellstrom
Will A. Kellstrom
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Neighborhood Link
Freeway/Expressway
— Unclassified
— Residential Link
Planned Neighborhood Link
— — Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
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Fayetteville City Limits
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FORM BASED DISTRICTS
RSF-2
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Down— General
RSF-1S
Commonly S.—.
RESIDENTIALMULTI-FAMILY
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RM-
= Neighborhood Conse J.
RM112
PLANNED ZONING DISTRICTS
RMF-13
IIIIIIIII Commercial. --I. Residential
RMF-2a
INSTITUTIONAL
RMF-Cg
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Close Up View ASH WOOD AVE
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NORTH
Regional Link
Zone
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Proposed
Neighborhood Link
NS-L
5.9
0.0R-A
Residential Link
0.0
1.2
Hillside -Hilltop Overlay District
CS
0.0
4.7
— — — Trail (Proposed)
Feet
I —I Design Overlay District
0
75 150 300 450
600
Planning Area
_ ! Fayetteville City Limits
1 .2,400
Total
5.9 ac
RZN-2025-0009
S. RAZORBACK RD &
ASHWOOD AVE
S.
Ak
NORTH
Current Land Use
3
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Subject Property
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Institutional
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Undeveloped and ��,
Institutional
Zone
Zone
Regional Link
FEMA Flood Hazard Data
Neighborhood Link
Freeway/Expressway
■ 100-Year Floodplain
— Unclassified
— Residential Link
Feet
Floodway
— — - Trail (Proposed)
Planning Area 0
112.5 225 450 675
900
Fayetteville City Limits
1:3,600
Design Overlay District
RZN-2025-0009 S. RAZORBACK RD & S.
Future Land Use ASH WOOD AVE
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Neighborhood Link
Freeway/Expressway
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Residential Link
Planned Neighborhood Link
—_� Planning Area
Fayetteville City Limits
— — Trail (Proposed)
Design Overlay District
Subject Property
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n Cente
,1ORTH
Non-4pnicipal
Goverhment
1
Gee
F�.AY
I
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Feet Natural
Non -Municipal Government
0 305 610 1,220 1,830 2,440 Residential Neighborhood
1:10,000 Rural Residential
Urban Center
Form v1.55
NV ,� ECEIVE NRL05/12/2025�
medza C TY C= =AYET-EV LLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 506840
PO#:
Matter of: ORD 6865
AFFIDAVIT•STATE OF ARKANSAS
1 Maria Hernandez-Lopez do solemnly swear that 1 am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON 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 6865
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$98.80.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/11/25;NWA nwaonline.com 05/11/25
Legal Clerk
State of ARKANSAS,County of Sebastian , (5r4R;
Subscribed and sworn to before me on this 12th day of May, 2025 = ��,
\-"kr
c T
N ARY PUBLIC
Ordinance:6865
File Number, 2025-429
REZONING-2025-0009: (S.
RAZORBACK RD 8 S.ASHWOOD
AVE/CUNNINGS ARKANSAS,
638):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RN 2025-
09 FOR APPROXIMATELY 5.9
ACRES LOCATED AT SOUTH RA-
ZORBACK ROAD AND SOUTH
ASHW00D AVENUE IN WARD 1
FROM NS-L, NEIGHBORHOOD
SERVICES-LIMITED TO R-A,
RESIDENTIAL-AGRICULTURAL,
AND CS,COMMUNITY SERVICES
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 NS-L,Neighborhood
Services-Limited to R-A,Resi-
dential-Agricultural, and CS.
Community Services
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
May 6.2025
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:$98.80
May 11,2205 506840
