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Home My WebLink AboutOrdinance 6890113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6890 File Number: 2025-899 Type: REAL ESTATE Kind: ORDINANCE Recorded: 7/10/2025 9:33:37 AM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00018788 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-14 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1314 SOUTH ELLIS AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to UN, Urban Neighborhood subject to a bill of assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on July 1, 2025 Approved: Rt �0� Molly Rawn, Mayor Attest`: pivq„ •f<T 1T Y1�� Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $94.24 Page 1 File Number: 2025-00018788 Page 1 of 5 RZN-2025-0014 Close Up View ?C.f^ Q li 1314 S. ELLIS AVE I RZN-2025-0014 EXHIBIT 'A' Lject Property 15TH ST. NC I1 >I pfLa --I II z P �p ' YY I If I _ l nc.YLew na.r,e si��htit.i..3�e�+YF3 �'A •yl_ I LI p ^ — i L -i' I,RV} I cs � uc I�� b � I NORTH Zone Current Proposed UN 0.0 0.4 Regional Link - High Activity RMF-24 0.4 0.0 Residential Link Feet - - - Trail (Proposed) i-�PlanningArea 0 75 150 300 450 600 _ _-; Fayetteville City Limits 1 :2,400 Total 0.4 ac File Number: 2025-00018788 Page 2 of 5 RZN-2025-0014 EXHIBIT B Lot Numbered 1 in Block Numbered 5 in Wilson -Dunn Addition, to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the Office of the Circuit Clerk Washington County, Arkansas. File Number: 2025-00018788 Page 3 of 5 BILL OF ASSURANCE FOR THE CM OF FAYETPEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Konrad Siemek ___, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include Vape store 4. (Any other terms or conditions) Business hours of operation restricted between 11:01pm - 5:59am File Number: 2025-00018788 Page 4 of 5 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the, Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitionef s property. IN WITNES��WHEREO an in agr ment with all the terms and conditions stated above, I, f\ o �t /�.r ix .. e , as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. I �S Date Address STATE OF ARKANSAS } COUNTY OF WASHINGTON } Printed Name Title (if on behalf of business entity) Signature wNL•71 r:�;i�[•7:y r:l On this, the — day of Sat I 20 a? before me, the undersigned notary, personally appeared liAorad S:trnck known to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the above and, after being Placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. ,!U Z--- NOTARY PUBLIC My Commission Expires: D,j 2 , 2033 SADIE EDWARDS Notary public - Arkansas Washington County Commission p 12725115 My Commission Expires Nov 2, 2033 Washington County, AR I certify this instrument was filed on 7/10/2025 9:33:37 AM and recorded in REAL ESTATE File# 2025-00018788 We Svlvester - Circuit Clerk File Number: 2025-00018788 Page 5 of 5 CityClerk From: Curth, Jonathan Sent: Tuesday, July 1, 2025 6:57 PM To: CityClerk Subject: FW: Proposed Bill of Assurance - RZN-2025-0014 (1314 S. Ellis) Attachments: 2995_001.pdf Categories: Courtney Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas jcurth@fayetteville-ar�ov 479.575.8308 Website l Facebook LTwitter IYoutube From: Curth, Jonathan Sent: Tuesday, July 1, 2025 11:50 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Proposed Bill of Assurance - RZN-2025-0014 (1314 S. Ellis) Kit, Attached is the proposed bill of assurance for item C.2 on tonight's Council agenda. Will you please evaluate it for proper form? Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas j_cuMh fa etteville-ar. ov 479.575.8308 Website l Facebook l Twitter l Youtube 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 1, 2025 CITY COUNCIL MEMO 2025-899 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Donna Wonsower, Planner SUBJECT: RZN-2025-0014: Rezone (1314 S. ELLIS AVE/SIEMEK, 561): Submitted by WESLEY BATES for property located at 1314 S. ELLIS AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. 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 central Fayetteville at the intersection of S. Ellis Ave., S. University Ave. and W. 13th St. approximately 1/4 mile west of S. School Ave. The property contains one parcel totaling 0.40 acres which is currently developed with a 2,468-square-foot single-family house constructed in 1961 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 RMF-24, Residential Multifamily, 24 Units per Acre, to UN, Urban Neighborhood. Public Comment: Eleven members of the public spoke at the May 27 Planning Commission meeting, with nine opposed to the request. Several written comments were also received. Thirteen members of the public spoke at the June 9 Planning Commission meeting, with 11 opposed. Comments in opposition generally centered on a desire to preserve the existing family neighborhood, a lack of clear intent for the proposed rezoning, increased noise, inadequate infrastructure, insufficient parking and traffic capacity, misaligned development and growth, vacant and underutilized commercial properties nearby, poor maintenance, and a desire for more control over the eventual development than a straight rezoning would permit. Members of the public were also concerned about unclear notification letters, and the potential for a late -night bar to be open serving alcohol, one even bringing forward a potential bill of assurance as well as alternative zoning districts that could permit commercial development with a conditional use permit as alternatives that would permit stricter control on noise and hours of operations. Comments in support of the request cited the need to support small, local developers with incremental projects, the reduction in permitted heights, and the limited scale of the permitted commercial uses. Land Use Compatibility: Staff finds the proposed zoning of UN, Urban Neighborhood to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 lot width, and density. Nonresidential uses are also present nearby and include churches, cemeteries, and public parks. The uses permitted by right in UN, which include all types of dwellings as well as some commercial uses such as general business, offices, and eating places, are directly compatible with the existing land uses, and even more so, the existing, underlying multi -family zoning in this area. Staff finds the addition of limited commercial on a corner lot could be a benefit to the existing residents and that the small size of the lot and a three-story height limitation is likely to mitigate negative impacts that could result from larger commercial developments. Uses allowed conditionally in UN, including hotels, neighborhood shopping, and small-scale production, 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 RMF-24, UN could allow for an increase in residential density, which would complement surrounding residential areas and encourage housing types that accommodate the demand for walkable urban living. While UN would permit narrower lots than zoning currently allows (12 feet versus 35 feet for single- and two-family dwellings), staff finds the shape of the parcel and other design standards such as tree preservation, parking, and access will likely limit development of the overall parcel. The Urban Neighborhood zoning district is considered residential zoning for the purpose of Chapter 96: Noise Control; therefore, the property would be required to meet the same noise regulations as it does under the existing regulations. Further, a tavern or bar would not be permitted by right under the proposed zoning district. Bars, regardless of intended hours, fall under Use Unit 14: Hotel, Motel, and Amusement Facilities, which is a conditional use permit under UN, Urban Neighborhood. Food and beverage uses such as bakeries, delicatessens, ice cream shops, sidewalk cafes, groceries, and restaurants are permitted with or without size restrictions under Use Units 12b, 13, and 40 in UN. While alcohol sales is not prohibited under these uses, locations where alcohol sales make up the majority of a business model are considered either Use Unit 14 (where sold for consumption on -premises) or Use Unit 34: Liquor Stores (where sold for consumption off - premises). Neither Use Units 14 or 34 are permitted by -right in UN. As such, staff finds minimal potential impact from late -night alcohol sales or consumption. 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 incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. The UN zoning district would allow for a mixture of residential densities that are urban in form. If the property were to be redeveloped or subdivided, staff finds that UN 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 7-8 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 7=8 for this site. The following elements of the matrix contribute to the score: 1. 4 Minute Fire Response (Station #9, 2250 S. School Ave.) 2. Near Sewer Main (8- and 15-inch main, S. Ellis Ave.) 3. Near Water Main (6-inch main, W. 13th St. 12-inch-main, S. Ellis Ave.) 4. Near University of Arkansas 5. Near City Park (Walker Park) 6. Near Paved Trail (Razorback Greenway, Pinnacle Prairie Trail) 7. Near ORT Bus Stop (School and 13th St.) 8. Near Razorback Bus Stop (Hill and MLK) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: At the May 27, 2025 Planning Commission meeting, the item was tabled to provide further time for consideration. The applicant cited an intent to maintain the existing residence and to develop the remainder of the property with small-scale commercial uses. The commission questioned what alternatives had been explored to address neighborhood concerns such as bill of assurance, conditional use permits, or alternative zoning districts, and clarified development review processes with staff. Multiple members of the public spoke at the meeting, largely in opposition, and their comments are further discussed in the public comments section of the report. In the interim, the staff report has been updated to provide additional clarification on what kinds of uses are permitted and how noise would be regulated within the within the proposed zoning district. 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. No changes were made from the previous request. The applicant presented additional information on the benefits of corner stores on public safety as well as specific examples of other locations in the city with corner commercial stores within residential neighborhoods. Thirteen members of the public spoke at the meeting. Eleven spoke in opposition to the request, many expressing a desire for their neighborhood to remain strictly residential. Commissioners requested additional information on plans for the existing house, required street improvements, and how alcohol sales would be regulated. The applicant noted previous interior remodeling completed on the house and started that they have no intent to remove it. Staff explained that street improvements are determined with development plans but that sidewalk improvements are usually required, that staff reviews all business licenses for compliance with zoning, and that alcohol sales are reviewed specifically by the state. There was also discussion about the history of the area and how it was originally zoned RMF-24. Commissioner Payne made the motion and Commissioner Castin seconded. Commissioner Payne cast the only no vote, citing neighborhood concerns about parking and traffic. Commissioners voting in favor of the request cited the intent of the urban neighborhood zoning district, the small size of the lot, reduced height allowances, minimal permitted commercial uses, applicable noise restrictions, limitations on bars, and additional permitting requirements. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report, 7. Initial Legislation Text 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 #: 2025-899 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-14 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1314 SOUTH ELLIS AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to UN, Urban Neighborhood subject to a bill of assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-899 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-2025-0014: Rezone (1314 S. ELLIS AVE/SIEMEK, 561): Submitted by WESLEY BATES for property located at 1314 S. ELLIS AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. 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 VOWFAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Donna Wonsower, Planner MEETING DATE: June 9, 2025 SUBJECT: RZN-2025-0014: Rezone (1314 S. ELLIS AVE/SIEMEK, 561): Submitted by WESLEY BATES for property located at 1314 RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. RECOMMENDATION: Staff recommends forwarding RZN-2025-0014 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: `7 move to forward RZN-2025-0014 to the City Council with a recommendation for approval." MAY 27, 2025, PLANNING COMMISSION MEETING At the May 27, 2025, Planning Commission meeting, the item was tabled to provide further time for consideration. The applicant cited an intent to maintain the existing residence and to develop the remainder of the property with small-scale commercial uses. The commission questioned what alternatives had been explored to address neighborhood concerns such as bill of assurance, conditional use permits, or alternative zoning districts, and clarified development review processes with staff. Multiple members of the public spoke at the meeting, largely in opposition, and their comments are further discussed in the public comments section of the report. In the interim, the staff report has been updated to provide additional clarification on what kinds of uses are permitted and how noise would be regulated within the within the proposed zoning district. BACKGROUND: The subject property is located in central Fayetteville at the intersection of S. Ellis Ave., S. University Ave. and W. 13th St. about 1/4 mile west of S. School Ave. The property contains one parcel totaling 0.40 acres which is currently developed with a 2,468-square-foot single-family house constructed in 1961 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 Two -Family Residential RMF-24, Residential Multifamily, 24 Units per Acre South Single -Family Residential RMF-24, Residential Multifamily, 24 Units per Acre East Mixed -Density Residential RMF-24, Residential Multifamily, 24 Units per Acre West Single -Family Residential RMF-24, Residential Multifamily, 24 Units per Acre Request: The request is to rezone the subject property from RMF-24, Residential Multifamily, 24 Units per Acre, to UN, Urban Neighborhood. Public Comment: Eleven members of the public spoke at the May 27 Planning Commission meeting, with nine opposed to the request. Several written comments were also received. Comments in opposition generally centered on a desire to preserve the existing family neighborhood, a lack of clear intent for the proposed rezoning, increased noise, inadequate infrastructure, insufficient parking and traffic capacity, misaligned development and growth, unclear notification letters, and the potential for a late -night bar to be open serving alcohol. One commenter brought forward a potential bill of assurance as well as alternative zoning districts that could permit commercial development with a conditional use permit as alternatives that would permit stricter control on noise and hours of operations. Comments in support generally focused on the positive track record of the developers and the opportunity to create walkable infill. Staff also received several requests for additional information. INFRASTRUCTURE: The property's frontage along W. 13' Street and S. Ellis Avenue, both fully improved residential link with asphalt paving, curb and gutter, and sidewalk. Streets: Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing 6-inch water main along the south side of W. 13t" Street and an existing 2-inch water main along the southwest side of S. Ellis Avenue. Sewer: Sanitary sewer is available to the subject property. There is an existing 8-inch and 15-inch sewer main along S. Ellis Avenue. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 740 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 or hydric soils are present on the subject property. Any improvements or requirements for drainage will be determined at time of development. Fire: Station 9, located at 2250 S. School Ave., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 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 UN, Urban Neighborhood, requires 15% minimum canopy preservation. The current zoning district of RMF-24, Residential Multifamily, 24 Units per Acre, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as 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 7-8 for this site with a weighted score of 10. The following elements of the matrix contribute to the score: 4 Minute Fire Response (Station #9, 2250 S. School Ave.) Near Sewer Main (8- and 15-inch main, S. Ellis Ave.) Near Water Main (6-inch main, W. 13th St. 12-inch-main, S. Ellis Ave.) • Near University of Arkansas • Near City Park (Walker Park) Near Paved Trail (Razorback Greenway, Pinnacle Prairie Trail) Near ORT Bus Stop (School and 13th St.) Near Razorback Bus Stop (Hill and MLK) 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 UN, Urban Neighborhood 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. Nonresidential uses are also present nearby and include churches, cemeteries, and public parks. The uses permitted by right in UN, which include all types of dwellings as well as some commercial uses such as general business, offices, and eating places, are directly compatible with the existing land uses in this area. Staff finds the addition of limited commercial on a corner lot could be a benefit to the existing residents and that the small size of the lot and a three-story height limitation is likely to mitigate negative impacts that could result from larger commercial developments. Uses allowed conditionally in UN, including hotels, neighborhood shopping, and small-scale production, 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 RMF-24, UN would allow for a slight increase in residential density, which would complement surrounding residential areas and encourage housing types that could accommodate the demand for walkable urban living. While UN would permit narrower lots than zoning currently allows (12 feet versus 35 feet for single- and two-family dwellings), staff finds the shape of the parcel and other design standards such as tree preservation, parking, and access will likely limit development of the overall parcel. The Urban Neighborhood zoning district is considered residential zoning for the purpose of Chapter 96: Noise Control; therefore, the property would be required to meet the same noise regulations as it does under the existing regulations. Further, a tavern or bar would not be permitted by right under the proposed zoning district. Bars, regardless of intended hours, fall under Use Unit 14: Hotel, Motel, and Amusement Facilities, which is a conditional use permit under UN, Urban Neighborhood. Food and beverage uses such as bakeries, delicatessens, ice cream shops, sidewalk cafes, groceries, and restaurants are permitted with or without size restrictions under Use Units 12b, 13, and 40 in UN. While alcohol sales is not prohibited under these uses, locations where alcohol sales make up the majority of a business model are considered either Use Unit 14 (where sold for consumption on -premises) or Use Unit 34: Liquor Stores (where sold for consumption off -premises). Neither Use Units 14 or 34 are permitted by -right in UN. As such, staff finds minimal potential impact from late -night alcohol sales or consumption. 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 incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. The UN zoning district would allow for a mixture of residential densities that are urban in form. If the property were to be redeveloped or subdivided, staff finds that UN would encourage an environment that is more appealing to pedestrians and would reduce the visual impact of parking areas. The property has a moderate weighted infill score of 10 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 RMF-24 to UN 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 UN has the potential to increase traffic along S. Ellis Ave., W. 13t" St. 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 RMF-24 to UN 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-2025-0014 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION Required YES Date: June 9, 2025 O Tabled O Forwarded O Denied Notion: (Second: BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Unified Development Code: o §161.16 — RMF-24, Residential Multifamily, 24 Units per Acre o §161.37 Urban Neighborhood • Request Letter • Public Comment June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 23 of 26 RZN-2025-0014 Close Up View 11TH ST RMF-24 1314 S. ELLIS AVE w Q „ AUBLIC 609 Subject Property 15TRST Regional Link - High Activity Residential Link Feet - - - Trail (Proposed) Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1 :2 ,400 w Q Z Z 0 1 3T— w Q 1-1 UC J& NORTH Zone Current Proposed UN 0.0 0.4 RMF-24 0.4 0.0 Total 0.4 ac June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 24 of 26 RZN-2025-0014 1314 S. ELLIS AVE NORTH Current Land Use Zone - - s J" rf a3 12'� Institutional and ZZ Single -Family Residential i. u ;u wr - Z ! Subject Property x `F Single -Family Residential - and Undeveloped Single -Family Residential and Commercial Single -Family Residential r and Undeveloped :r t� yF �.� _ ZoneAE O N e AE Regional Link Regional Link - High Activity — Unclassified — Alley Residential Link Feet — — - Trail (Proposed) Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits .3 600 _ I Design Overlay District lei r—.2s �I Fwa— FEMA Flood Hazard Data 1oo=Year Floodplain Floodway June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Page 25 of 26 RZN-2025-0014 Future Land Use Civic Institutional t 1� city Nelicifibechood Industrial 1314 S. ELLIS AVE BL Subject Property I 15THfS1 i I � Natural f I I I--- Urban Center Regional Link Neighborhood Link Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link Planned Neighborhood Link 1 1 Planning Area l _i Fayetteville City Limits Trail (Proposed) Design Overlay District Non-Municipal Government Feet 0 305 610 1,220 1:10,000 r I 1,830 ORTH i� Civic and Private Open Space City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 26 of 26 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two (2) family 35 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 6 of 26 Two (2) family 4,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 12 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §6(Exh. E), 5-2-23) 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 June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 7 of 26 161.37 Urban Neighborhood (A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and provide a transition into residential neighborhoods from more intense, mixed -use districts. Urban Neighborhood promotes a walkable, pedestrian -oriented neighborhood development form with a variety of housing options and complementary neighborhood businesses that are compatible in scale and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 13 Eating places Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings 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 permit Unit 3 Public protection and utility facilities Unit 5 Government facilities Unit 14 Hotel, motel and amusement services Unit 15 Neighborhood shopping oods Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 12 feet All other uses None (2) Lot Area Minimum. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 8 of 26 To Whom It May Concern, I am writing to formally request the rezoning of the property located at 1314 S Ellis from RMF-24 (Residential Multi -Family, 24 units per acre) to Urban Neighborhood. The intent of this request is to allow for the future subdivision and development of the lot to include a small-scale commercial space that would provide valuable amenities to the surrounding neighborhood. This proposal aligns with the purpose of the Urban Neighborhood district, which is designed to support a medium -intensity, mixed -use environment that transitions smoothly into adjacent residential areas. The district promotes walkability and a pedestrian -oriented neighborhood form —principles that are at the core of this request. There is clear precedent for this type of development in the area, with nearby small commercial establishments such as The Farmer's Table Cafe and Mad Rooster Brewery already contributing positively to the neighborhood. A new small-scale commercial space at 1314 S Ellis would build upon this existing character and help create an even more vibrant, connected community. The proposed rezoning is also compatible with the surrounding land uses and supports the city's broader goals for sustainable and inclusive growth. The Urban Neighborhood district encourages the integration of residential and small-scale commercial development in a form that is walkable, human -scaled, and complementary to existing housing. The proposed use will serve local needs while respecting the character and scale of the neighborhood. Future development will adhere to Urban Neighborhood design standards and will be thoughtfully integrated into the site to ensure compatibility in form, use, and intensity. We are committed to creating a project that supports the livability, walkability, and overall vitality of the area. We appreciate your time and consideration of this request. Sincerely, Wes Bates Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 9 of 26 Wonsower, Donna From: Kyle Druding <kbdhomesllc@gmail.com> Sent: Thursday, May 15, 2025 1:01 PM To: Hopkins, Mirinda Cc: Wonsower, Donna Subject: Re: RZN-2025-0014 (1314 S ELLIS AVE FAYETTEVILLE, AR 72701) Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mirinda, Thanks so much for the information and nice to catch up a bit. It's been a long time. @Donna, I just wanted to give a formal response/feedback around this zoning request. I have multiple properties next to or within a block of this location. The addresses are 615 E 13th, 617 E. 13th, 619 E 13th, 536 W. 15th 1311 S. Dunn and 1454 S. Dunn. This would greatly impact the neighborhood, property use, desirability, value, etc. This property is already a bit of an oddity with the unpermitted builds that went on over the years. I am writing to express my strong opposition to the proposed rezoning request for 1314 S Ellis. Below are several key concerns that highlight the significant negative impact such a change would have on our neighborhood and community. 1. Lack of Clear Intent — The intent behind this rezoning request is unclear at best. While the current applicant may be acting in good faith, future property owners may not, leading to unpredictable and potentially harmful developments. 2. Inadequate Infrastructure — The existing streets and infrastructure are not equipped to accommodate commercial traffic. They are already strained by current usage, and additional commercial activity would further degrade an already failing system. Sidewalks in the area are poorly maintained, and increased commercial presence would only exacerbate these infrastructure challenges. 3. Insufficient Parking Capacity —The location lacks adequate parking for current needs, and introducing a business would overwhelm the area's limited space. The neighborhood cannot support additional traffic, particularly commercial vehicles. 4. Misaligned Development & Growth — Comparisons to other commercial establishments, such as Mad Rooster and Farmers Table, are misleading and inaccurate. Those businesses are located on Highway 71 B within an established commercial zone alongside a strip mall, large apartment complexes, and various businesses that have existed for decades. This proposed rezoning does not align with that type of planned growth. 5. Preserving the Family Neighborhood —Rezoning this property would disrupt the family - friendly atmosphere we have cultivated over the years through property improvements and Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 10 of 26 responsible ownership. A commercial transition would undermine the character and livability of our neighborhood. 6. Safety Concerns — Increased commercial traffic would pose significant safety risks for pedestrians, cyclists, and children in the area. The rezone would directly impact the security and well-being of residents who rely on safe streets and walkways. Given the substantial concerns outlined above, I respectfully urge the Fayetteville City Council/Planning Commission to deny the rezoning request to preserve the integrity and safety of our community. Thank you for your time and consideration. Sincerely, Kyle Druding KBD Homes 479-366-9682 On Thu, May 15, 2025 at 12:07 PM Hopkins, Mirinda <mhopkins fayetteville-ar.gov> wrote: Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 FAYETTEVIL_E Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 11 of 26 Wonsower, Donna From: Masters, Jessica Sent: Monday, May 12, 2025 9:46 AM To: fayarrentals@gmail.com Cc: Wonsower, Donna Subject: RZN-2025-0014 - UN, Urban Neighborhood Zoning Distric Attachments: ELLIS REZONE LETTER M1 V1.PDF; Ordinance No. 6830.pdf Good morning, Thank you for reaching out about the subject rezoning. I've attached the applicant's request letter, as well as the zoning district information they are requesting. Please let me know if you have any additional questions; please also forward future inquiries on this proposal to Donna Wonsower, who is the planner working on the item. Jessie Jessie Masters, AICP Development Review Manager Development Services City of Fayetteville, Arkansas (479) 575-8239 www.fayettevi I le-ar. qov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANS ARKANSAS Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 12 of 26 Wonsower, Donna From: Wonsower, Donna Sent: Monday, May 5, 2025 9:04 AM To: jeremyshayes@gmail.com Cc: Planning Shared Subject: RE: RZN-2025-0014 (1314 S. ELLIS AVE) Attachments: Ordinance No. 6830.pdf Good Morning, The zoning district will be available with the other districts on the city's online Municode at the end of the quarter once the online database in updated, but in the meantime is available here and attached. I've also attached an image below showing the uses that would be allowed by right (without any additional Planning Commission permissions) under the existing and proposed zoning districts. In summary, the residential uses are the same, but UN would also allow some commercial uses like shops, offices, and restaurants, as well as cultural facilities like community centers, schools, galleries, churches, eldercare/childcare, and similar. Existing and Proposed Uses Allowed by Right I Use Unit Description Existing (RMF-24) Proposed (UN) 1 City-wide uses by right X X 4 Cultural and recreational facilities X 8 Single-familydwellings X X 9 Two-family dwellings X X 10 Three (3) and four (4) family dwellings X X 12b General business X 13 Eating Places X 24 Home occupation X 25 Offices studios and related services X 26 Nlulti-family dwellings X X 40 Sidewalk Cafes X 41 Accessory dwellings X X 44 Cluster Housing Development X X 46 1 Short-term rentals X X Additional information on what is included in each use unit and any associated restrictions can be found here. Donna Wonsower, AICP Planner, Development Services City of Fayetteville, Arkansas 479-575-8358 fayetteville-ar.gov Please note that I will be out of the office from May 13 - May 19. If you need assistance during this time, please contact the main planning line. Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 13 of 26 From: Jeremy Hayes <ieremyshayes@gmail.com> Sent: Sunday, May 4, 2025 10:59 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0014 (1314 S. ELLIS AVE) CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like more information on the request to rezone this lot to UN, Urban Neighborhood. I am unable to find permitted usage for this zoning type on the code website and would like to know what specific uses this would allow that are not currently allowed under the current RMF-24 zoning? Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 14 of 26 Wonsower, Donna From: Derek Linn <derek.linn@gmail.com> Sent: Wednesday, May 21, 2025 12:21 PM To: Wonsower, Donna Cc: Planning Shared Subject: Re: RZN-2025-0014 (1314 S. ELLIS AVE) Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Donna - Can you email me a copy of the Bill of Assurance template utilized by City of Fayetteville? Thankyou Derek On Fri, May 9, 2025 at 8:36 AM Wonsower, Donna <dwonsower(a@fayetteville-ar.gov> wrote: Derek, I've attached the email from applicant confirming a request to change the rezoning to UN, Urban Neighborhood. The online Municode gets updated every quarter, but approved ordinances are posted at the homepage in the interim. The Urban Neighborhood Zoning District was passed with ORD 6830 and is available here. I'm happy to answer questions about the request, but in order to provide all application items, correspondence, and data as requested in your email below, you will need to submit a FOIA request on the city's JustFOIA page. This will send notices to all staff members that may have documents or correspondence on this project and provide a joint location for those to be pooled and sent to you. Donna Wonsower, AICP Planner, Development Services City of Fayetteville, Arkansas 479-575-8358 fayetteville-ar.gov Please note that I will be out of the office from May 13 - May 19. If you need assistance during this time, please contact the main planning line. Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 15 of 26 From: Planning Shared <planning@favetteville-ar.gov> Sent: Friday, May 9, 2025 8:15 AM To: Derek Linn <derek.linn@gmail.com>; Planning Shared <planning@favetteville-ar.gov> Cc: Wonsower, Donna <dwonsower@favetteville-ar.gov> Subject: RE: RZN-2025-0014 (1314 S. ELLIS AVE) Derek, attached is their submitted documents. Donna, the planner assigned to this project should be able to assist with your questions. Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 -- OF FA ETTEVILLE ARKANSAS From: Derek Linn <derek.linn@gmail.com> Sent: Thursday, May 8, 2025 8:05 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: RZN-2025-0014 (1314 S. ELLIS AVE) CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. 2 Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Page 16 of 26 Good evening -- Can you please forward me a link to all application items, correspondence, and any other data related to the subject application? I am also seeking clarification on the zoning district being requested. While the Tech Plat agenda from April notes the request is for Neighborhood Services - General, the public notice sign and the GIS map indicates the request is for UN - Urban Neighborhood. I was not able to find this zoning district in the zoning code. I look forward to hearing from you and learning more. Thankyou, Derek Linn ---------- Forwarded message ---------- From: Wes Bates <bateswtC09mail.com> To: "Wonsower, Donna" <dwonsower(afayetteville-ar.gov>, "Hopkins, Mirinda" <mhopkins@fayetteville-ar.gov> Cc: Bcc: Date: Tue, 15 Apr 2025 17:04:58 +0000 Subject: Re: Ellis rezone CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Here is that updated letter! On Tue, Apr 15, 2025 at 11:56 AM Wes Bates <bateswt@gmail.com> wrote: Awesome - I'll work on it now. Wes Bates Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 17 of 26 bateswt(a)gmaiLcom 479-595-5499 On Tue, Apr 15, 2025 at 11:51 AM Wonsower, Donna <dwonsower(aOfayetteville-ar.gov> wrote: Wes, I recommend UN, Urban Neighborhood. CS will likely be too intensive. There is still plenty of time, but we will need an updated request letter with the new proposal and an updated statement of compatibility. Let me know if you have any questions! Donna Wonsower, AICP Planner, Development Services City of Fayetteville, Arkansas 479-575-8358 favetteville-ar.gov From: Wes Bates <bateswt@gmail.com> Sent: Tuesday, April 15, 2025 9:56 AM To: Wonsower, Donna <dwonsower@fayetteville-ar.gov> Subject: Re: Ellis rezone CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sounds good! That's helpful. Let me know what you find out! Wes Bates bateswt@gmail.com 479-595-5499 Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 18 of 26 On Tue, Apr 15, 2025 at 8:19 AM Wonsower, Donna <dwonsower(«)fayetteville-ar.gov> wrote: Wes, No worries. Since public notifications have not yet been done, you can still change the zoning request. The online Municode gets updated every quarter, but approved ordinances are posted at the homepa a in the interim. The Urban Neighborhood Zoning District was passed with ORD 6830 and is available here. I'll need to dig into a little more, but on first impressions, UN is probably more compatible than CS given the small size of the lot and more limited uses. I'll touch base with the other planners later this morning as well. Donna Wonsower, AICP Planner, Development Services City of Fayetteville, Arkansas 479-575-8358 fayetteville-ar.gov From: Wes Bates <bateswt@gmail.com> Sent: Tuesday, April 15, 2025 6:03 AM To: Wonsower, Donna <dwonsower@fayetteville-ar.gov> Subject: Ellis rezone CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Donna, Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 19 of 26 I saw you got assigned to our Ellis rezone. I made a mistake when you and I first talked about this one. The density and lot area minimums under NS-G might be problematic for our planned future lot splits. We don't want to give up those benefits of RMF-24. So, it looks like CS could be a good option that keeps the benefits of RMF-24 but adds a commercial option. I was trying to find UN but I can't find it in UDC (is it in there somewhere I don't know about?). Let me know what you think. Thanks! Wes Wes Bates bateswt@gmaiLcom 479-595-5499 Wes Bates bateswtCcbgmail.com 479-595-5499 Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 20 of 26 Wonsower, Donna From: Stevens Properties <fayar.rentals@gmail.com> Sent: Tuesday, May 27, 2025 9:53 AM To: Brink, Andrew; Payne, Brad; Gulley, Fred; Garlock, Jimm; Madden, Mary; McGetrick, Mary; Cabe, Matthew; Castin, Nick; Werner, Nick Cc: Wonsower, Donna; Masters, Jessica Subject: RZN-2025-0014: Rezone (1314 S. ELLIS AVE/SIEMEK, 561) 5-27-25 Attachments: planing commission letter ellis.docx CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. 5/27/2025 Stevens Properties Fayetteville LLC 429 E Sutton Street Fayetteville, AR 72701 479-263-7065 Hello Fayetteville Planning Commission Members, I am writing in reference to the rezoning request, RZN-2025-0014: Rezone (1314 S. ELLIS AVE/SIEMEK, 561), that will be on the 5/27/2025 planning agenda meeting. I/We received a Written Notification Form From co -owners Konrad Seimek and Wesley Bates in the mail, they are the applicants wishing to change the zone of their property to Urban Neighborhood, I/We found the letter vague, it gives the illusion they desire the residential RMF-24 but that is not the case, and unfair to the folks who live and own in the neighborhood and received it and did not understand that they are requesting to up zone to Urban Neighborhood. I spoke with Konrad Seimek, the property owner, and he assured me nothing would change for maybe five years, he wants to "dream up something for the property", like maybe a place on that corner for food trucks, or a small sidewalk cafe. I feel a business on that property in this neighborhood is an inappropriate fit. It is an odd parcel, .4 acres but basically a triangle with 3 existing residential rentals that were recently transformed to that from a generational family living residence. We are a small residential neighborhood with a mix of tenants and homeowners. If you drop a pin in the center of this neighborhood it is approximately a quarter of a mile in three directions, north to MILK, east to S School Street, and south to 15t" Street. To the west is Conagra Foods. The National Cemetery is our neighbor. We are already very impacted with the traffic on Ellis / Hill, from MLK to 15th Street (and soon a new large student housing complex being built on 15t" and Dunn will add to the traffic as students seek cut through routes up to Mlk and Hill Ave to access the University and Walmart. I do not feel that the zone Urban Neighborhood plopped in our center on this lot is a good mix with the RMF24 density that we now have. There are some businesses but they are on the perimeters close to or on the major roads. To add commercial businesses which will increase traffic that already makes our area less family friendly is unfair to the residents who live, love, and play in this neighborhood. It is already concerning for the children and adults to ride their bikes or play ball and just be. Our little neighborhood is a gem surrounded by 3 commercial busy streets, and U of A Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 21 of 26 "by the bedroom" density. I feel it is important to keep it family and tenant friendly. Once this property is zoned up and able to be developed commercially it makes it desirable to developers who do not have our neighborhood's interests at heart. I believe it will increase traffic and make our neighborhood less a place to call home. It is now a place to go home to, to be at home in. I have witnessed Fayetteville chasing infill and population density and the urban feel, But we also need our small neighborhoods where people can live, feel safe and breathe. Right now our little neighborhood is that and perfect with the businesses on the parameters. I would like where we live to stay residential. I feel changing the zone just for "The Owner" to dream something up leaves the rest of our neighborhood's population vulnerable. If you want to zone up and add commercial businesses to a residential neighborhood please at least change the zone with an end plan in front of you, so you have control of what can come into the heart of where people live, the business type, and the traffic and the parking dilemma's the project potentially will bring. Thank you, Angela Stevens 1405 S Ellis 1329 S Ellis 1235 Dunn Planning Commission June 9, 2025 RZN-2025-0014 (SIEMEK & BATES) Paqe 22 of 26 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-899 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-14 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1314 SOUTH ELLIS AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to UN, Urban Neighborhood. 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 Form v1.55 NVN DECEIVE 07/07/2025 Ivied Za CITY OF FAYETTEVILLE CITY CLERKS OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 520643 PO#: Matter of: ORD 6890 AFFIDAVIT•STATE OF ARKANSAS l 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 6890 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$94.24. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 07/06/25;NWA nwaonllne.com 07/06/25 -V4A-a0 Legal Clerk CJ State of ARKANSAS,County of Sebastian Subscribed and sworn to before me on this 7th day of July, 2025 • f NOTARY PUBLIC Ordinance:6890 File Number:2025-899 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 14 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1314 SOUTH ELLIS AVENUE IN WARD 1 FROM RMF-24,RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGH- BORHOOD SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map(Exhibit A)and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo from RMF-24,Residential Multi- Family,24 Units Per Acre to UN, Urban Neighborhood subject to a bill of assurance. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on July 1,2025 Approved: Molly Rawn,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was pain for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:S94.24 July 6.2025 520643