HomeMy WebLinkAboutOrdinance 6889113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6889
File Number: 2025-900
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 7/10/2025 9:28:59 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00018787
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-18
FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1416 WEST MOUNT COMFORT ROAD IN WARD 2
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 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, 4 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 July 1, 2025
Approved:
Molly Rawn, Mayor
Attest:
c
/ram/7/ �Tl/ . w•
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $88.16
Page 1
File Number: 2025-00018787 Page 1 of 3
RZN-2025-0018 1416 W. MOUNT COMFORT IRZN-2025-0018
Close Up view RD EXHIBIT'A'
RSF4
P-1
Subject Property
MOLINT-COMFORT
HEFLEYST f
— Residential Link
- - - Trail (Proposed) Feet
Planning Area 0 75 150 300
Fayetteville City Limits 1:2,400
RI-12
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NORTH
Zone Current Proposed
RI-LI 0.0 0.4
RSF-4 0.4 0.0
450 600
Total 0.4 ac
File Number: 2025-00018787 Page 2 of 3
RZN-2025-0018
EXHIBIT B
Hector Cueva
April 22nd, 2025
1416 W Mount Comfort Rd, Fayetteville AR
Legal Description of Property:
STEPHENS, Block Z Lot Z Washinton County. 1416 W Mt Comfort Rd, Fayetteville, AR 72703."
Sincerely,
Hector Cueva
Washington County, AR
I certify this instrument was filed on
7/10/2025 9:28:59 AM
and recorded in REAL ESTATE
File# 2025-00018787
Kvle Svlvester - Circuit Clerk
File Number: 2025-00018787 Page 3 of 3
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 1, 2025
CITY COUNCIL MEMO
2025-900
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Donna Wonsower, Planner
SUBJECT: RZN-2025-0018: Rezone (1416 W MOUNT COMFORT RD /AHBC SOLUTIONS LLC,
404): Submitted by HECTOR CUEVA for property located at 1416 W. MOUNT
COMFORT RD in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE and contains approximately 0.40 acres. The request is
to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE URBAN.
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 in north central Fayetteville approximately 100 feet east of the intersection of N.
Stephens Ave. and W. Mount Comfort Rd. and 1/4 mile north of W. Wedington Dr. The property contains one
parcel totaling 0.40 acres which is currently developed with a 1,128-square-foot single-family house
constructed in 1936 per the Washington County Assessor. The property is not part of any zoning overlay or
master plan area.
Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre,
to RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment at this time.
Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate, Urban to be
compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature,
varying in both form, lot width, and density. The block containing the subject area includes multiple instances of
"gentle density" such as duplexes, quadplexes, and accessory units. Outside of the immediate block, additional
forms of housing such as apartments are available within 500 feet of the subject area. Nonresidential uses are
also present nearby and include public parks, schools, and grocery stores. The uses permitted by right in RI-U,
which include all types of dwellings except apartments, are directly compatible with the existing land uses in
this area and could complement surrounding residential areas and encourage housing types that could
accommodate the demand for walkable urban living.
Uses allowed conditionally in RI-U, including limited business, cultural and recreational facilities, and
multifamily dwellings, may also be suitable at this site, though any land uses allowed conditionally would be
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
subject to further review to determine full compatibility. When compared to the site's current zoning designation
of RSF-4, RI-U would allow for increased residential density, however staff finds that this is unlikely to
negatively affect the neighborhood given the small size of the property and limited uses of the requested
district. Additionally, there have been a large number of successful rezoning requests in the area in recent
years which have slowly increased the existing density of the area as these sites developed.
While RI-U would permit narrower lots than zoning currently allows (18 feet versus 70 feet for single-family
dwellings), staff finds other city standards such as tree preservation, parking, and access will likely limit
development of the overall parcel. Additionally, RI-U has similar height restrictions to the existing RSF-4
district, with a lower restriction of two stories when located within 10 feet of the public right-of-way.
Land Use Plan Analysis: The proposed zoning is consistent with the property's City Plan 2040 Future Land
Use Map designation as a Residential Neighborhood Area, which encourages traditional neighborhood
development that supports a wide variety of housing types. The RI-U zoning district would allow for a mixture
of residential types that are urban in form. If the property were to be redeveloped or subdivided, staff finds that
RI-U would encourage an environment that is more appealing to pedestrians and would reduce the visual
impact of parking areas. The property has an infill score of 8-9, which indicates that the site is prepared to
accommodate increased housing density, and the property does not lie within any environmentally sensitive
areas. Rezoning could support Goals #1 and #6 of City Plan 2040 by making appropriate infill a priority and
creating an opportunity to develop a greater variety of housing that could enable residents to remain in the
neighborhood as their housing needs change.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 8_9 for this site.
The following elements of the matrix contribute to the score:
1. 4 Minute Fire Response (Station #8, 2266 W. Deane St
2. Near Sewer Main (8--inch main, Mount Comfort 16-inch-main, Hendrix)
3. Near Water Main (6-inch main, Mount Comfort & Hendrix 112-inch-main, Hendrix)
4. Near Grocery Store (Harps)
5. Near Public School (Asbell Elementary School)
6. Near University of Arkansas
7. Near City Park (Lewis Soccer Complex)
8. Near Paved Trail (Mount Comfort Rd Trail)
9. Near Razorback Bus Stop (Mt. Comfort & Stephens)
DISCUSSION:
At the June 9, 2025, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council with
a recommendation of approval. Commissioner Garlock motioned, and Commissioner Castin seconded.
Commissioners voting in favor referenced additional development review and site design restrictions
associated with tree preservation, parking, and other standards. Commissioner Madden noted that the area
could potentially benefit from a parking district but that this would require City Council action. Two members of
the public spoke in opposition to the request at the meeting, citing insufficient parking numbers and
management, an influx of students, poor trash management, and a decrease in quality of life.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
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 #: 2025-900
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-18 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1416 WEST MOUNT
COMFORT ROAD IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 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, 4 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
2025-900
Item ID
7/1/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/13/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2025-0018: Rezone (1416 W MOUNT COMFORT RD /AHBC SOLUTIONS LLC, 404): Submitted by HECTOR CUEVA
for property located at 1416 W. MOUNT COMFORT RD in WARD 2. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 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
PowFAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: June 9, 2025 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2025-0018: Rezone (1416 W MOUNT COMFORT RD /AHBC
SOLUTIONS LLC, 404): Submitted by HECTOR CUEVA for property
located at 1416 W. MOUNT COMFIORT RD. The property is zoned RSF-
4, RESIDENTIAL SINGLE-FAMILY, 4 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-2025-0018 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
`7 move to forward RZN-2025-0018 to the City Council with a recommendation for approval."
BACKGROUND:
The subject property is located in north central Fayetteville approximately 100 feet east of the
intersection of N. Stephens Ave. and W. Mount Comfort Rd. and '/4 mile north of W. Wedington
Dr. The property contains one parcel totaling 0.40 acres which is currently developed with a 1,128-
square-foot single-family house constructed in 1936 per the Washington County Assessor. The
property is not part of any zoning overlay or master plan area. Surrounding land uses and zoning
are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single-family, 4 Units per Acre
South
Single -Family Residential
RSF-4, Residential Single-family, 4 Units per Acre
East
Mixed -Density Residential
RMF-24, Residential Multifamily, 24 Units per Acre
West
Single -Family Residential
RSF-4, Residential Single-family, 4 Units per Acre
Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4
Units per Acre, to RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment at this time.
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has frontage along W. Mount Comfort Road and W. Hendrix
Street, partially improved Residential Links with asphalt paving and open ditches.
Any street improvements required in these areas would be determined at the time
of the development proposal.
Water: Public water is available to the subject property. There is an existing 8-inch water
main along W. Mount Comfort Road and an existing 6-inch water main along W.
Hendrix St.
Sewer: Sanitary sewer is available to the subject property. There is an existing 6-inch
sewer main along W. Mount Comfort Road and W. Hendrix Street. Existing 12-
inch sewer main is present along West Hendrix Street.
Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or
a FEMA floodplain. Additionally, no protected streams or hydric soils are present
on the subject property. Any improvements or requirements for drainage will be
determined at time of development.
Fire: Station 8, located at 2266 W. Deane St., protects this site. The property is located
approximately 1 mile from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department did not comment on this request
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban, requires
15% minimum canopy preservation. The current zoning district of RSF-4,
Residential Single -Family, 4 Units per Acre, requires 25% 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 Residential Neighborhood 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.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 8=9
for this site with a weighted score of 11. The following elements of the matrix contribute to the
score:
• 4 Minute Fire Response (Station #8, 2266 W. Deane St
• Near Sewer Main (8--inch main, Mount Comfort 16-inch-main, Hendrix)
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 2 of 14
• Near Water Main (6-inch main, Mount Comfort & Hendrix 112-inch-main, Hendrix)
• Near Grocery Store (Harps)
• Near Public School (Asbell Elementary School)
• Near University of Arkansas
• Near City Park (Lewis Soccer Complex)
• Near Paved Trail (Mount Comfort Rd Trail)
• Near Razorback Bus Stop (Mt. Comfort & Stephens)
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 of RI-U, Residential
Intermediate Urban to be compatible with the surrounding area. Land uses
in the immediate vicinity are primarily residential in nature, varying in both
form, lot width, and density. The block containing the subject area includes
multiple instances of "gentle density" such as duplexes, quadplexes, and
accessory units. Outside of the immediate block, additional forms of housing
such as apartments are available within 500 feet of the subject area.
Nonresidential uses are also present nearby and include public parks,
schools, and grocery stores. The uses permitted by right in RI-U, which
include all types of dwellings except apartments, are directly compatible with
the existing land uses in this area and could complement surrounding
residential areas and encourage housing types that could accommodate the
demand for walkable urban living.
Uses allowed conditionally in RI-U, including limited business, cultural and
recreational facilities, and multifamily dwellings, may also be suitable at this
site, though any land uses allowed conditionally would be subject to further
review to determine full compatibility. When compared to the site's current
zoning designation of RSF-4, RI-U would allow for a substantial increase in
residential density, however staff finds that this is unlikely to negatively
affect the neighborhood given the small size of the property and limited uses
of the requested district. Additionally, there have been a large number of
successful rezoning requests in the area in recent years which have slowly
increased the existing density of the area as these sites developed.
While RI-U would permit narrower lots than zoning currently allows (18 feet
versus 70 feet for single-family dwellings), staff finds other city standards
such as tree preservation, parking, and access will likely limit development
of the overall parcel. Additionally, RI-U has similar height restrictions to the
existing RSF-4 district, with a lower restriction of two stories when located
within 10 feet of the public right-of-way.
Land Use Plan Analysis: The proposed zoning is consistent with the
property's City Plan 2040 Future Land Use Map designation as a Residential
Neighborhood Area, which encourages traditional neighborhood
development that supports a wide variety of housing types. The RI-U zoning
district would allow for a mixture of residential types that are urban in form.
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 3 of 14
If the property were to be redeveloped or subdivided, staff finds that RI-U
would encourage an environment that is more appealing to pedestrians and
would reduce the visual impact of parking areas. The property has a high
weighted infill score of 11 which indicates that the site is prepared to
accommodate increased housing density, and the property does not lie
within any environmentally sensitive areas. Rezoning could support Goals
#1 and #6 of City Plan 2040 by making appropriate infill a priority and creating
an opportunity to develop a greater variety of housing that could enable
residents to remain in the neighborhood as their housing needs change.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning from RSF-4 to RI-U is justified.
Rezoning to UN would allow for infill development that is comparable to the
existing development pattern in the area and consistent with the City's
planning objectives and policies.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RI-U has the potential to increase traffic along W.
Hendrix Street, W. Mount Comfort Road, and other adjacent roadways.
However, the size of the property will naturally limit the scale of any future
development, and thus reduce any possible impacts on traffic danger or
congestion.
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 has the potential to increase
population density, though it is not likely to undesirably increase the load on
public services. The property has access to existing water and sanitary
sewer infrastructure and is close to other public services. Fayetteville Public
Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0018 to the City
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 4 of 14
Council with a recommendation of approval.
(PLANNING COMMISSION ACTION:
(Date: June 9, 2025
Motion: GARLOCK
Second: CASTIN
(vote: 7-1-0 (PAYNE OPPOSED)
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
O Tabled
Required
O Forwarded
YES
O Denied
I MOVE TO FORWARD RZN-2025-0018 TO THE CITY COUNCIL WITH A
RECOMMENDATION FOR APPROVAL.
Project Maps
o One Mile Map
o Close -Up Map
o Current Land Use Map
o Future Land Use Map
Unified Development Code:
o §161.07 — RSF-4, Residential Single -Family, 4 Units per Acre
o §161.12 — Residential Intermediate -Urban
Request Letter
RZN-2025-0018 1416 W. MOUNT COMFORT
One Mile View RD NORTH
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June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Page 11 of 14
RZN-2025-0018
1416 W.
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Feet
0 75 150 300 450 600
1:2,400
RMF-24
Zone Current Proposed
RI-U 0.0 0.4
RSF-4 0.4 0.0
Total 0.4 ac
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 12 of 14
RZN-2025-0018 1416 W. MOUNT• •'
Current Land Use
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-
Lewis Soccer Complex
fir•
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Regional Link FEMA Flood Hazard Data
Unclassified
too=Year Floocioain
Residential Link
Feet Floodway
Trail (Proposed)
Planning Area 0 112.5 225 450 675 900
Fayetteville City Limits 1:3,600
anninq Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 13 of 14
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 14 of 14
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
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
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
(Supp. No. 36)
Created: 2025-03-27 11:36:15 [EST]
Page 1 of 4
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 6 of 14
(E) Setback Requirements.
Front
Side
Rear
15 feet
5 feet
15 feet
(F) Building Height Regulations.
Building Height Maximum 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.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-
06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord.
No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A),
11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21)
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.
(Supp. No. 36)
Created: 2025-03-27 11:36:15 [EST]
Page 2 of 4
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 7 of 14
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
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
Rear
Rear, from
Uses
Single &
Other
centerline
Two (2)
Uses
of an alley
Family
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.
(Supp. No. 36)
Created: 2025-03-27 11:36:15 [EST]
Page 3 of 4
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 8 of 14
(F) Building Height Regulations.
Building height maximum 12 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. 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.
(Supp. No. 36)
Created: 2025-03-27 11:36:15 [EST]
Page 4 of 4
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 9 of 14
Hector Cueva
April 22"d, 2015
1416 W Mount Comfort Rd, Fayetteville AR
To whom it may concern,
I am writing to request a re -zoning of my property located at 1416 W Mount Comfort Rd, Fayetteville AR.
It is currently zoned as RSF-4 and I wish to re -zone to RI-U.
Two recent examples of nearby properties that have been allowed to be re -zoned to RI-U are: 1324 W Mt
Comfort Rd (May of 2020), and 1236 W Mt Comfort Rd (November of 2024). Both of these neighboring
properties are within a couple hundred yards of mine.
There is a considerable amount of Residential multi -family zoning immediately south and east of my
property, while there is a large amount of Residential single-family zoning immediately to the north.
Similar to the other two previously mentioned RI-U zoned properties, I think the re -zoning of mine to an
RI-U as well will help bridge the gap and create a nice transition from the large areas of Agriculture and
Single Family to the north and west on to the larger Multi Family parcels as you head south and east.
We are proposing building (5) detached —1800 SF 3-bedroom homes on my 0.4 acre property. One of the
main purposes of the RI-U zoning is to encourage development of detached dwellings in suitable
environments, while providing a range of housing types/diversity. Given the other types of zoning on all
sides of my property, I think these proposed (5) homes will satisfy the intentions of the RI-U zoning as
well as provide a transition area between single family and the larger chunks of multifamily as you head
south.
6arecia your consideration in this matter.
Hector Cueva
Planning Commission
June 9, 2025
RZN-2025-0018 (AHBC SOLUTIONS LLC)
Paqe 10 of 14
Form vl.55
NV\ 1.\
DECEIVE
medm R 07/07/2025 Li
CITY OF FAYETT07/20 E5ILLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 520641
PO#:
Matter of: ORD 6889
AFFIDAVIT•STATE OF ARKANSAS
1. Maria Hernandez-Lopez ,do solemnly swear that I 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 6889
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$88.16.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 07/06/25;NWA nwaonline.com 07/06/25
ems/
Llt Legal Clerk
State of ARKANSAS,County of Sebastian
Subscribed and sworn to before me on this 7th day of July, 2025
NOTARY PUBLIC
Ordinance:6889
File Number:2025-900
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETMON RZN 2025-
18 FOR APPROXIMATELY 0.40
ACRES LOCATED AT 1416 WEST
MOUNT COMFORT ROAD IN
WARD 2 FROM RSF-4,RESIDEN-
TIAL SINGLE-FAMILY, 4 UNITS
PER ACRE TO RI-U,RESIDEN-
TIAL INTERMEDIATE URBAN
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That tEe 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,4 Units Per Acre
to RI-U,Residential Intermediate
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
July 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:$88.16
July 6,2025 520641