HomeMy WebLinkAboutOrdinance 6886113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6886
File Number: 2025-756
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 6/25/2025 8:28:58 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00017126
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-17
FOR APPROXIMATELY 4.61 ACRES LOCATED AT 1312 EAST ZION ROAD IN WARD 3 FROM R-A,
RESIDENTIAL -AGRICULTURAL TO 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 R-A, Residential -Agricultural to 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 June 17, 2025
Approved:
Molly Rawn, Mayor
Attest:
gtry,
�_ •rer. i v t i
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 82.08
Page 1
File Number: 2025-00017126 Page 1 of 3
RZN-2025-0017 1312 E. ZION RD
Close Up View I EXHIBIT A
Neighborhood Link
— Unclassified
— Residential Link
Planning Area
Fayetteville City Limits
R-0
Subject Property
Proposed CS
R-A
Feet
0 75 150 300
1:2,400
1
1
P-1
CPZD
U
IQ
Z
RMF-24 �Q
W
QO
NORTH
Current
Proceed00
T
46
46
00
00
00
450 600
Total 4.6 ac
File Number: 2025-00017126 Page 2 of 3
*:1:I1-311i-3
BOUNDARY SURVEY DESCRIPTION
ARA JOB #190471
SITE ADDRESS: 1312 E. ZION ROAD, FAYETTEVILLE, ARKANSAS
SURVEY DESCRIPTION
A PART OF THE NORTHWEST QUARTER (NW114) OF THE SOUTHWEST QUARTER (SW1/4) OF
SECTION TWENTY-FOUR (24), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF
THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40
ACRE TRACT, SAID POINT BEING AN EXISTING NAIL IN A RAILROAD TIE FENCE CORNER POST;
THENCE S87028'18"E 330.07 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO A SET
1/2" IRON REBAR; THENCE S02°39'44"W 611.60 FEET TO A CHISELED'X' IN CONCRETE AT THE
NORTH RIGHT-OF-WAY LINE OF ZION ROAD; THENCE N87°10'06"W 327.51 FEET ALONG SAID
RIGHT-OF-WAY LINE TO A SET 112" IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE,
N02025'19"E 609.86 FEET TO THE POINT OF BEGINNING, CONTAINING 4.61 ACRES, MORE OR
LESS. THE ABOVE DESCRIBED 4.61 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR
RIGHTS -OF -WAY WHETHER OR NOT OF RECORD.
Washington County, AR
I certify this instrument was filed on
6/25/2025 8:28:58 AM
and recorded in REAL ESTATE
File# 2025-00017126
Kvle Svlvester - Circuit Clerk
File Number: 2025-00017126 Page 3 of 3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-756
MEETING OF JUNE 17, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: RZN-2025-0017: Rezoning (1312 E. ZION RD/BURGAS REALTY LLC, 136): Submitted
by HALL ESTILL ATTORNEY AT LAW for property located at 1312 E. ZION RD. in
WARD 3. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains
approximately 4.61 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
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 an approximately 4.61-acre parcel on the north side of E. Zion Road, approximately
0.25 miles east of N. College Avenue. The property is adjacent to the trail entrance to Lake Fayetteville’s
Veteran’s Park, and is currently zoned R-A, Residential Agricultural. No overlay districts, streams, or floodplain
occur on the site, though there is a steep gulley running north-south along the eastern side of the property.
Request: The request is to rezone the property from R-A, Residential – Agricultural to CS, Community
Services. The applicant did not submit any associated development plans.
Public Comment: Staff did not receive any public comment relating to the rezoning request prior to the
meeting, though one member of the public spoke in opposition to the request at the meeting. Their comments
are summarized below.
Land Use Compatibility: Staff finds the request to be generally compatible with existing, surrounding land uses.
To the west of the property is an office park, currently zoned R-O, that has been developed with a series of
office buildings. Immediately to the east of the property is a small strip of land that is used as bike and
pedestrian trail access into the Lake Fayetteville park and recreation area. Beyond this, on the other side of
that trail, are retail, office, and other commercial uses. A rezoning to CS would introduce the potential for
additional residential uses in to this area alongside nonresidential ones. The building height allowed in CS
would be up to 5 stories, and many of the surrounding structures are one to two stories in height, so the
request could introduce a new scale of building in the area. Since other zoning districts in the area also allow
for up to 6 stories (C-2) and 5 stories (RMF-24), the building height allowed in CS does not present staff which
much concern from a compatibility standpoint. As noted above, a portion of the site includes a gulley which
could be pose natural limitations on development. There is also only one likely point of access to the property
(from Zion) which is a heavily trafficked street (GIS data shows approximately 10,000 vehicles per day). While
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CS allows for relatively high density and intensity uses, staff finds that there are limiting factors on the property
that will likely lead to development that is within a compatible size and scale with the surroundings.
Land Use Plan Analysis: Staff finds the proposal to be compatible with the goals in City Plan 2040, adopted
land use policies, and the future land use designation for this location. This property, designated as a City
Neighborhood Area, envisions a mix of residential and non-residential uses. A request to CS would be
consistent with this vision by promoting the ability to make compact, complete, and connected development the
standard, and would also introduce opportunities for housing types that can compliment the single-, two-, and
multi-family housing found in this area. The current zoning district, R-A, is limited to strictly low-density
residential and agricultural purposes, which staff finds is not in line with the area’s future vision.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7-8 for the area in
question. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #4, N. Plainview Avenue)
• Near Sewer Main (8” line on property to the east and west)
• Near Water Main (12” line along E. Zion Road)
• Near Grocery Store (Natural Grocers & Walmart)
• Near City Park (Lake Fayetteville)
• Near Paved Trail (Trails at Lake Fayetteville)
• Near ORT Bus Stop (Vantage and Zion, Frontage and Zion)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the May 27, 2025 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with
a recommendation of approval. Commissioner Payne made the motion and Commissioner Werner seconded.
The applicant’s representative indicated verbally that the property owners intended to develop a science
center, and that CS would allow this use by-right. Commissioners offered little comment, finding the request to
be compatible with current land uses and future land use goals, regardless of the intended development. One
member of the public spoke in opposition to the request, indicating that the gulley and site should be
conserved, and that absent a conservation-specific zoning district, R-A was the next best zoning district to
apply to the property.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-756
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-17 FOR APPROXIMATELY 4.61 ACRES LOCATED AT 1312 EAST ZION ROAD
IN WARD 3 FROM R-A, RESIDENTIAL-AGRICULTURAL TO 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 R-A, Residential-Agricultural to 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.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-756
Item ID
6/17/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0017: Rezoning (1312 E. ZION RD/BURGAS REALTY LLC, 136): Submitted by HALL ESTILL ATTORNEY AT
LAW for property located at 1312 E. ZION RD. in WARD 3. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL
and contains approximately 4.61 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
5/30/2025
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: May 27, 2025
SUBJECT: RZN-2025-0017: Rezoning (1312 E. ZION RD/BURGAS REALTY LLC,
136): Submitted by HALL ESTILL ATTORNEY AT LAW for property
located at 1312 E. ZION RD. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 4.61 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0017 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0017 to City Council with a recommendation for approval.”
BACKGROUND:
The subject property is an approximately 4.61-acre property on the north side of E. Zion Road,
approximately 0.25 miles east of N. College Avenue. The property is adjacent to the trail entrance
to Lake Fayetteville’s Veteran’s Park, and is currently zoned R-A, Residential Agricultural. No
overlay districts, streams, or floodplain occur on the site, though there is a steep gulley along the
eastern side of the property. Surrounding land uses and zoning is depicted in Table 1.
Table 1 - Surrounding Land Use and Zoning
Direction Land Use Zoning
North Lake Fayetteville/Veterans Park P-1, Institutional
South Commercial/Single-Family R-O, Residential-Office
East Lake Fayetteville Trail P-1, Institutional
West Commercial/Office R-O, Residential-Office
Request: The request is to rezone the property from R-A, Residential – Agricultural to CS,
Community Services. The applicant did not submit any associated development plans.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE AND ENVIRONMENTAL ANALYSIS:
Streets: The subject area has a road frontage along East Zion Road. East Zion Road is a
fully improved Neighborhood Link Street with asphalt paving, curb and gutter, and
sidewalk. Any street improvements required in these areas would be determined
at the time of the development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 1 of 14
Updated with results
Water: Public water is available to the subject area. An existing 12-inch water main is
present along East Zion Road.
Sewer: Sanitary sewer is not available to the subject area. There are known wet weather
sewer capacity issues identified in the City’s 2021 Sewer Master Plan that appear
in the system approximately 3,300 linear feet downstream of this property.
Drainage: No portion of the subject property lies within the Hillside-Hilltop Overlay District or
a FEMA floodplain. Additionally, no protected streams are present, nor are any
hydric soils present. Any additional improvements or requirements for drainage will
be determined at time of development.
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 4, located at 3385 N. Plainview Ave., protects this site. The property is
located approximately 1.7 miles from the fire station with an anticipated drive time
of approximately 3.5 minutes using existing streets. The anticipated response time
would be approximately 5.7 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 R-A, Residential – Agricultural requires a 25%
minimum canopy preservation. The proposed zoning district of CS, Community
Services requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7-8 for the
area in question, with a weighted score of 9.5. The following elements of the matrix contribute to
the score:
• Adequate Fire Response (Station #4, N. Plainview Avenue)
• Near Sewer Main (8” line on property to the east)
• Near Water Main (12” line along E. Zion Road)
• Near Grocery Store (Walmart at Spring Creek Centre)
• Near City Park (Lake Fayetteville)
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 2 of 14
• Near Paved Trail (Trails at Lake Fayetteville)
• Near ORT Bus Stop (Vantage and Zion, Frontage and Zion)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be generally compatible
with existing surrounding land uses. To the west of the property is an office
park, currently zoned R-O, that has been developed with a series of office
buildings. Immediately to the east of the property is a small strip of land that
is used as bike and pedestrian trail access into the Lake Fayetteville park
and recreation area, and on the other side of that trail access is more retail,
office, and other commercial uses. A rezoning to CS would introduce the
ability to input residential uses into this area. The building height allowed in
CS would be up to 5 stories, and many of the surrounding structures are one
to two stories in height, so the request could introduce a new scale of
building in the area. Since other zoning districts in the area also allow for up
to 6 stories (C-2) and 5 stories (RMF-24), the building height allowed in CS
does not present staff which much concern from a compatibility standpoint.
The site itself is bisected by a large gulley on the east side of the property,
which could be difficult to develop. There is also only one likely point of
access to the property (from Zion) which is a heavily trafficked street (GIS
data shows approximately 10,000 vehicles per day). While CS allows for
relatively high density and intensity uses, staff finds that there are limiting
factors on the property that will likely lead to development that is within a
compatible size and scale with the surroundings.
Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2040, adopted land use policies, and the future land
use designation for this location. This property, designated as a City
Neighborhood Area, envisions a mix of residential and non-residential uses.
A request to CS would be consistent with this vision by promoting the ability
to make compact, complete, and connected development the standard, and
would also introduce opportunities for additional housing types than are
currently found in this area. The current zoning district, R-A, is limited to
strictly low-density residential and agricultural purposes, which staff finds
is not in line with the area’s future vision.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The requested rezoning is justified to match the property’s zoning
classification with the future land use goals for the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 3 of 14
Finding: Rezoning and redevelopment of the property under CS could appreciably
increase traffic danger and congestion than under the current zoning district
regulations. CS does not have a stated density maximum, though there are
specific development standards and limitations on the property that may
limit the amount of development that could happen on the site. There is a
significant gulley along the eastern half of the property, which could make
connection to the trail difficult, and connectivity to the west is also limited,
though not impossible, based on an existing development. The physical
limitations of the property make additional density possible, but staff finds
that fire code, access management, tree preservation and other
requirements could significantly limit the scale of development that could
ultimately occur here; zoning is only one element of the question.
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 R-A to CS increases the potential population
density and could increase the load on facilities and services. The property
has access to water, but there are existing downstream sewer capacity
issues, and a sewer extension would be required at this property.
Fayetteville Public Schools 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-2025-0017 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: May 27, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 4 of 14
X
Werner
Payne
7-0-0
with all conditions as
recommended by staff.
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03 District R-A, Residential-Agricultural
o §161.22 Community Services
• Request letter
• 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 One-half (½)
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 5 of 14
(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 ha ve 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.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh.
C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Cl ause),
Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and
date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination
section.
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 goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 6 of 14
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
a single-family residential district:
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5,
7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 7 of 14
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and
date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination
section.
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 8 of 14
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 9 of 14
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 10 of 14
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V
E
SH
I
L
O
H
D
R
VA
N
T
A
G
E
D
R
MA
L
L
A
V
E
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2025-0017 1312 E. ZION RD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 11 of 14
RMF-24
C-2 CPZD
R-O
CS
P-1
R-A
L
a
k
e
F
a
yetteville
T
rail
Ve
t
e
r
a
n
s
Pa
r
k
T
r
a
i
l
Proposed CS
VANTAGE
DR
VA
N
T
A
G
E
DR
VENETIANLN
GA
B
E
L
D
R
V
A
N
T
A
G
E
D
R
W
A
T
E
R
S
I
D
E
C
T
ZION RD
Neighborhood Link
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0017 1312 E. ZION RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
CS
R-A
R-O
4.6
0.0
0.0
Total 4.6 ac1:2,400
Current
0.0
4.6
0.0
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 12 of 14
VA
N
T
A
G
E
D
R
VANTAGE
DR
F
R
O
N
TA
G
E
R
D
ZION RD
Neighborhood Link
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2025-0017 1312 E. ZION RD N
0 225 450 675 900112.5
Feet
Subject Property
Commercial and
Single-Family Residential
Commercial, Mixed Residential,
and Institutional
Commercial
Veterans Park, Commercial,
and Undeveloped
1:3,600
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 13 of 14
City
Neighborhood
Civic and
Private
Open Space
Natural
Residential
Neighborhood
Urban Center
ZION RD
JOYCE BLVD
C
O
LLEGE
AVE
O
LD
MISSOURIRD
M A I N D R
THOMPSON
ST
C
O
L
L
E
G
E
A
V
E
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2025-0017 1312 E. ZION RD N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
May 27, 2025
RZN-2025-0017 (BURGAS REALTY LLC)
Page 14 of 14
Form vl.55
IMA media EC IV
A E E
6/23/2025
C TY OF FAYETTEVILLE
Account#: NWCL5004205 CITY CLERK'S OFFICE
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYET I EV ILLE,AR 72701
Ad number#: 516700
PO#:
Matter of: ORD 6886
AFFIDAVIT•STATE OF ARKANSAS
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/BENTON 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 6886
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$82.08.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 06/22/25;NWA nwaonline.com 06/22/25
Legal Clerk
State of ARKANSAS,County of Sebastian __
Subscribed and sworn to before me on this 23rd day of June,2025
NOTARY PUBLIC
Ordinance:6886
File Number: 2025-756
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETMON RZN 2025-
17 FOR APPROXIMATELY 4.61
ACRES LOCATED AT 1312 EAST
ZION ROAD IN WARD 3 FROM R-
A,RESIDENTIAL-AGRICULTURAL
TO 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 R-A, Residential-
Agricultural to 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
June 17,2025
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:$82.08
June 22,2025 516700