HomeMy WebLinkAboutOrdinance 6906113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6906
File Number: 2025-1514
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 9/10/2025 12:02:58 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00025271
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-28
FOR APPROXIMATELY 0.40 ACRES LOCATED AT 261 EAST ROCK STREET 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.
PASSED and APPROVED on September 2, 2025
Approved: Attest:
gzav
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 85.12
Page 1
File Number: 2025-00025271 Page 1 of 3
RZN-2025-0028
Close Up View
RSF-18
261 E. ROCK ST EXHIBIT A
_ Subject Property
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Zone
Current
Proposed
Urban Center
P-1
0.0
0.0
— Alley
RMF-24
0.5
0.0
— Residential Link
UN
0.0
0.5
Hillside -Hilltop overlay District
Feet
-- I Design Overlay District
;—
1
0 75 150 300 450
600
Planning Area
_ ! Fayetteville City Limits
1 :2,400
Total
0.5 ac
File Number: 2025-00025271 Page 2 of 3
EXHIBIT B
PARCEL #765-06328-000:
A PART OF LOTS 7 AND 8 OF BLOCK 2 OF HENDRY'S ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT
7 AND RUNNING THENCE S88004'31"E 75.04' TO AN EXISTING REBAR,
THENCE S01 052'17"W 73.86' TO AN EXISTING REBAR,
THENCE S88009'54"E 72.58' TO AN EXISTING REBAR,
THENCE S03056'30"W 120.00' TO AN EXISTING REBAR,
THENCE N87047'47"W 32.29',
THENCE N30040'10"W 90.08',
THENCE N88009'54"W 51.07',
THENCE N02039'32"E 43.74' TO AN EXISTING REBAR,
THENCE N28039'09"W 25.63' TO AN EXISTING REBAR,
THENCE N03003'53"E 51.91' TO THE POINT OF BEGINNING, CONTAINING 0.36 ACRES,
MORE OR LESS.
SUBJECT TO THAT PORTION IN EAST ROCK STREET MASTER STREET PLAN
RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO
ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PARCEL #765-06329-000:
A PART OF LOT 8 OF BLOCK 2 OF HENDRY'S ADDITION TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT:
COMMENCING AT AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF LOT 7
IN SAID BLOCK 2 AND RUNNING
THENCE S03003'53"W 51.91' TO AN EXISTING REBAR,
THENCE S28039'09"E 25.63' TO AN EXISTING REBAR,
THENCE S02029'32"W 43.74' TO THE TRUE POINT OF BEGINNING AND RUNNING
THENCE S88009'54"E 51.07',
THENCE S30040'10"E 90.08',
THENCE N87047'47"W 44.08' TO THE CENTERLINE OF SPOUT SPRING BRANCH,
THENCE ALONG SAID CENTERLINE THE FOLLOWING:
N20033'44"W 1.95',
N41 °54'48"W 22.21',
N48025'14"W 22.09',
N55031'34"W 26.90',
THENCE LEAVING SAID CENTERLINE N02029'32"E 29.21' TO THE POINT OF BEGINNING,
CONTAINING 0.10 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
9/10/2025 12:02:58 PM
and recorded in REAL ESTATE
File# 2025-00025271
Kvle Svlvester - Circuit Clerk
File Number: 2025-00025271 Page 3 of 3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1514
MEETING OF SEPTEMBER 2, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: RZN-2025-0028: Rezoning (261 E. ROCK ST/DAVIS, 524): Submitted by WESLEY
BATES for property located at 261 E. ROCK ST. in WARD 1. The property is zoned
RMF-24, RESIDENTIAL MULTI-FAMILY, 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 immediately east of Downtown Fayetteville. The “Historic Black Community of
Southeast Fayetteville Historic Context Statement” published in 2025 outlines a significant history of urban
renewal and associated property razing and relocation of residents that occurred in this neighborhood in the
20th century. The property initially received its zoning classification of R-2, Medium Density Residential in
1970, which was later modified to RMF-24, Residential Multi-FAmily, 24 Units per Acre. The property contains
0.40 acres, is currently undeveloped, and abuts Ralph "Buddy" Hayes Park to the west. The Spout Spring
Branch, a protected stream, passes through portions of the site with associated development protections.
Request: The request is to rezone the subject property from RMF-24, Residential Multi-Family, 24 Units per
Acre, to UN, Urban Neighborhood.
Public Comment: No public comment was received on this item.
Land Use Compatibility: Staff finds the proposed zoning of UN, Urban Neighborhood to be largely compatible
with the surrounding mix of residential and non-residential uses. The subject property is close to the Yvonne
Richardson Center, St. James Baptist Church’s Squire Jehegan Outreach Center, and downtown Fayetteville.
Like the existing RMF-24 zoning district, UN is an urban district which has a 0 to 25-foot build to zone,
promoting pedestrian-oriented development by encouraging buildings to be constructed closer to the street.
Urban Neighborhood is designed to support a diverse range of housing types that reflect the established
character of other residential areas near Fayetteville’s core. Compared to RMF-24, UN zoning allows for
smaller lot sizes, a wider range of permitted land uses, reduced setbacks, and increased residential densities.
Where RMF-24 allows for building heights of up to five stories, UN would only allow maximum building heights
of three stories. With UN allowing for a more moderate development pattern, it may promote a development
pattern that is more compatible with the surrounding neighborhood while still supporting the City’s goals for
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
encouraging infill and mixed-use development.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use
Map designation as Residential Neighborhood Area. The UN zoning district would allow a greater variety of
land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a
relatively high infill score of 9 with a weighted score of 12.5, indicating it is a suitable location for infill
development. In terms of City Plan 2040, staff finds that the requested rezoning could help support Goals 1
and 3 by promoting moderate infill in an area that is highly walkable and near transit routes.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 9 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center Street)
• Near Sewer Main (8” east side of property)
• Near Water Main (not immediately adjacent to property; S. Mill Avenue)
• Near U of A Campus (University of Arkansas)
• Near City Park (Buddy Hayes Park)
• Near Paved Trail (MLK and Marked Shared Roadway on S. Willow)
• Near ORT Bus Stop (Willow and Rock)
• Near Razorback Bus Stop (Downtown Square)
• Sufficient Intersection Density (Less than 400-foot block length)
DISCUSSION:
At the August 11, 2025 Planning Commission meeting, a vote of 9-0-0 forwarded this item to the City Council
with a recommendation of approval. Commissioner Cabe made the motion with Commissioner McGetrick
offering the second. Commissioners offered little comment, finding the request to be compatible with the
surroundings. No public comment was heard or received on this item.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1514
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-28 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 261 EAST ROCK STREET
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.
8/15/2025
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-1514
Item ID
9/2/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0028: Rezoning (261 E. ROCK ST/DAVIS, 524): Submitted by WESLEY BATES for property located at 261 E.
ROCK ST. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains
approximately 0.40 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
MEETING DATE: August 11, 2025
SUBJECT: RZN-2025-0028: Rezoning (261 E. ROCK ST/DAVIS, 524): Submitted by
WESLEY BATES for property located at 261 E. ROCK ST. The property is
zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 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-2025-0028 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0028 to City Council with a recommendation for approval.”
BACKGROUND:
The subject property is immediately east of Downtown Fayetteville in the Spout Spring
Neighborhood. The “Historic Black Community of Southeast Fayetteville Historic Context
Statement” published in 2025 outlines a significant history of urban renewal and associated
property razing and relocation of residents that occurred in this neighborhood in the 20th century.
The property initially received its zoning classification of R-2 in 1970, which was later modified to
RMF-24. The property contains 0.40 acres and is currently undeveloped and is encumbered by a
protected stream. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Yvonne Richardson Center P-1, Institutional
South Mixed Density Residential RMF-24, Residential Multi-Family, 24 Units per Acre
East Mixed Density Residential RMF-24, Residential Multi-Family, 24 Units per Acre
West Buddy Hayes Park P-1, Institutional
Request: The request is to rezone the subject property from RMF-24, Residential Multi-Family,
24 Units per Acre, to UN, Urban Neighborhood.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE AND ENVIRONMENTAL ANALYSIS:
Streets: The subject area has a road frontage along East Rock Street, which is a fully
improved Residential Link Street with asphalt paving, sidewalk and curb and
gutter. Any street improvements required in these areas would be determined at
Planning Commission
August 11, 2025
(Davis)
Page 1 of 17
Updated with results
the time of the development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Water: Public water is not available to the subject area.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present on the subject properties. There are known wet weather sewer capacity
issues identified in the City’s 2021 Sewer Master Plan that appear in the system
approximately 1,270 linear feet downstream of this property.
Drainage: Streamside Protection Zones generally consists of a protected area on each side
of a stream or creek. This “protected area” is meant to preserve woody vegetation
and natural areas along stream corridors to improve/protect stream health. At a
minimum, it will be 50ft wide as measured from the top of bank but depending on
the shape and extents of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited.
Hydric soils are a known indicator of wetlands. However, for an area to be
classified as wetlands, it may also need other characteristics such as hydrophytes
(plants that grow in water), and shallow water during parts of the year. Hydric Soils
can be found across many areas of Fayetteville, including valleys, floodplains, and
open prairies. It’s important to identify these natural resources during development,
so when these soils are identified on a property, further environmental studies will
be required at the time of development.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 0.6 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of UN, Urban Neighborhood requires 15% minimum
canopy preservation. The current zoning district of RMF-24, Residential Mutli-
family, 24 Units per Acre requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood.
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
Planning Commission
August 11, 2025
(Davis)
Page 2 of 17
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 9 for this site
with a weighted score of 12.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center Street)
• Near Sewer Main (8” east side of property)
• Near Water Main (not immediately adjacent to property; S. Mill Avenue)
• Near U of A Campus (University of Arkansas)
• Near City Park (Buddy Hayes Park)
• Near Paved Trail (Marked Shared Roadway on S. Willow)
• Near ORT Bus Stop (Willow and Rock)
• Near Razorback Bus Stop (Downtown Square)
• Sufficient Intersection Density (Less than 400-foot block length)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed zoning of UN, Urban
Neighborhood to be largely compatible with the surrounding mix of
residential and non-residential uses. The subject property is close to the
Yvonne Richardson Center, St. James Baptist Church’s Squire Jehegan
Outreach Center, and downtown Fayetteville. Like the existing RMF-24
zoning district, UN is an urban district which has a 0 to 25-foot build to zone,
promoting pedestrian-oriented development by encouraging buildings to be
constructed closer to the street. Urban Neighborhood is designed to support
a diverse range of housing types that reflect the established character of
other residential areas near Fayetteville’s core. Compared to RMF-24, UN
zoning allows for smaller lot sizes, a wider range of permitted land uses,
reduced setbacks, and increased residential densities. Where RMF-24 allows
for building heights of up to five stories, UN would only allow maximum
building heights of three stories. With UN allowing for a more moderate
development pattern, it may promote a development pattern that is more
compatible with the surrounding neighborhood while still supporting the
City’s goals for encouraging infill and mixed-use development.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent
with the property’s Future Land Use Map designation as Residential
Neighborhood Area. The UN zoning district would allow a greater variety of
land uses in an urban setting, which staff finds to be compatible with the
surrounding area. The property has a relatively high infill score of 9 with a
weighted score of 12.5, indicating it is a suitable location for infill
development. In terms of City Plan 2040, staff finds that the requested
rezoning could help support Goals 1 and 3 by promoting moderate infill in
an area that is highly walkable and near transit routes.
Planning Commission
August 11, 2025
(Davis)
Page 3 of 17
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 applicant’s request is justified since it would facilitate a
variety of residential densities near downtown Fayetteville where services,
amenities, and employment opportunities are most densely concentrated.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property to UN is not likely to create or
appreciably increase traffic danger and congestion since the subject
property is relatively small and many of the zoning regulations tied to that
district are similar to those associated with RMF-24 zoning. Any street
improvements required in this area would be determined at the time of a
development proposal.
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 alter the
population density when considering that UN has no set density limitation.
However, given the presence of existing public infrastructure and the
property’s location near downtown Fayetteville, staff finds that the proposed
rezoning is not likely to increase the load on public services to an
undesirable degree. However, there are known wet weather sewer capacity
issues identified in the City’s 2021 Sewer Master Plan that appear in the
system approximately 1270 linear feet downstream of this property. Any
street improvements required in this area would be determined at the time
of development proposal. 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
Planning Commission
August 11, 2025
(Davis)
Page 4 of 17
RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0028 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 11, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.16 District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per
Acre
o §161.37 Urban Neighborhood
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
• Long-Range Planning Memo
• Request letter
Planning Commission
August 11, 2025
(Davis)
Page 5 of 17
X
Cabe
McGetrick
9-0-0
with a recommendation of
approval.
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 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 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 24 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
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
Planning Commission
August 11, 2025
(Davis)
Page 6 of 17
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(E) Setback Requirements.
Front Side Other
Uses
Side Single
& Two (2)
Family
Rear Other
Uses
Rear Single
Family
A build-to zone that is
located between the front
property line and a line 25
feet from the front property
line.
8 feet 5 feet 20 feet 5 feet
(F) Building Height Regulations.
Building Height Maximum 2 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, repea l and termination
section.
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.
Planning Commission
August 11, 2025
(Davis)
Page 7 of 17
(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 goods
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.
(Ord. No. 6830, §1(Exh. A), 1-7-25)
Planning Commission
August 11, 2025
(Davis)
Page 8 of 17
H
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SCHOOL
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MARTIN LUTHERKINGJRBLVD
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N E L S ON H A C KETT B L V D
HUNTSVILLE RD
MI
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LAFAYETTE ST
RPZD
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RSF-4
RMF-24
R-A
RSF-8
RMF-6
MSC
DC
P-1
DG
CS
NC
Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0028 261 E. ROCK ST N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
August 11, 2025
(Davis)
Page 9 of 17
Proposed UN
C
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L
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AVE
B A R T O N
A V E
A
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39
9
MOUNTAIN ST
SOUTH ST
ROCK ST
WILLOWAVE
WALKER RD
CO
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RSF-8
DC
DG
NC
RSF-18
RI-U
P-1
Urban Center
Alley
Residential Link
Hillside-Hilltop Overlay District
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0028 261 E. ROCK ST
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
P-1
RMF-24
UN
0.0
0.0
0.5
Total 0.5 ac1:2,400
Current
0.0
0.5
0.0
Planning Commission
August 11, 2025
(Davis)
Page 10 of 17
CO
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A
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WO
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AVE
CENTER ST
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AVE
ROCK ST
MI
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N E L S O N H A C K E TTBLVD
Urban Center
Unclassified
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2025-0028 261 E. ROCK ST N
0 225 450 675 900112.5
Feet
Subject Property
Undeveloped and
Single-Family Residential
Mixed Use
Mixed Use
Mixed Use
1:3,600
Planning Commission
August 11, 2025
(Davis)
Page 11 of 17
City
Neighborhood
Civic and
Private
Open Space
Residential
Neighborhood
H
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ST
MARTIN LUTHER
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N E LSON H A CKET T B L V D
HUNTSVILLE RD
MI
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LAFAYETTE ST
Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2025-0028 261 E. ROCK ST N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
August 11, 2025
(Davis)
Page 12 of 17
TO: Jessie Masters, Planning Director
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: August 11, 2025
SUBJECT: Long Range Planning Comments Regarding RZN-2025-0028
BACKGROUND:
The applicant requests to rezone approximately 0.48 acres from RMF-24, Residential
Multifamily, 24 Units Per Acre to UN, Urban Neighborhood. Two long range planning documents
are relevant when evaluating this request: City Plan 2040 and the Historic Black Community of
Southeast Fayetteville Historic Context Statement.
City Plan 2040 (2020):
• 3.1.7 – Encourage protection of community character in established neighborhoods
(p.25)
• 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes
dispersed throughout the city and in proximity to transit and active transportation
networks. (p.44)
Historic Black Community of Southeast Fayetteville Historic Context Statement (2025):
The subject property is within an area settled by Black families after emancipation. The
presence of Spout Spring Branch, or “the Branch,” made the area prone to flooding, and the
steep terrain made building difficult. Since the lots weren’t ideal for building, they were more
affordable to Black families who were largely limited to low wage employment in Fayetteville.
The terrain also impacted where and how residents constructed their homes, and the relatively
flat Willow Avenue became the community’s main street. Many homes were constructed close
to the street with sloping back yards, and maps showed that land was divided into “irregularly
shaped lots of varying sizes” (p. 28). The community was inherently mixed use, as residences,
churches, schools, and small businesses dotted the landscape. Three properties were listed in
The Green Book, one of which is still standing. The Green Book was a guidebook for African
American travelers in the US. It was founded by Victor Hugo Green, an African American postal
worker from New York City, and was published annually from 1936 to 1966.
Planning Commission
August 11, 2025
(Davis)
Page 13 of 17
Photo c. 1920 take from the historic Washington County Courthouse bell tower.
Additionally, the zoning history of the neighborhood merits consideration with this request. The
1945 “A Master City Plan and Public Works Program for Fayetteville, Arkansas”, sponsored
jointly by the Fayetteville Chamber of Commerce and Fayetteville City Council, called for the
construction of U.S. Highway 71 through the neighborhood, following Willow Ave. and Spring
Branch to the intersection of Maple and Mission. Part of the justification for the route was that “It
would afford an opportunity to build roadside parks and parking area in what is now sub-
standard housing districts.”, and that “The highway would not pass by important public buildings
such as schools, hospitals, etc.” The historic St. James Methodist and Missionary Baptist
churches as well as the Lincoln School, the segregated elementary school, were all on the
proposed highway route.
While many of the projects proposed in the 1945 plan did not come to fruition, the neighborhood
was subjected to many of the proposals of the 1968 “Program for Community Renewal” written
by consulting planner James Vizzier. Like many urban renewal plans of the mid-20th century, the
plan was paid for in part by a grant from the federal Urban Renewal Administration under the
Housing Act of 1954. The plan noted that Fayetteville’s “general plan should be updated and
expanded to include plans for community renewal.”, and further explained that, “…about 65% of
the housing supply (in the city) might be susceptible to blight…Most of these improvements are
in older neighborhoods where the units that must be cleared are deficient or dilapidated rather
than sound.” Vizzier counted 1,327 families to be displaced by public improvements for
University expansion, street construction, hospitals or schools and playgrounds, while at the
same time noting an imbalance between the cost of housing and family income. He laid out an
ambitious and costly ($47,615,400 in 1968 dollars) plan for urban renewal in Fayetteville, most
of which was never accomplished. One of the significant outcomes of Vizzier’s
recommendations, however, was Fayetteville’s zoning ordinance in 1970. Vizzier had criticized
the city’s zoning as being based “primarily on existing land use instead of the future land use
plan. And second, it does not recognize the need for raising the standards for land use in older
areas. Upgrading and renewal of older areas are not provided for in the document (referring to
the city’s comprehensive plan). The rules do not provide for large scale developments such as
renewal projects.”
Planning Commission
August 11, 2025
(Davis)
Page 14 of 17
On October 18, 1968 the City Council passed Resolution No. 33-68 approving the undertaking
of an Urban Renewal Plan, which included the subject property and surrounding neighborhood.
Ultimately some houses were repaired, but others were razed with the occupants moved into
the new Willow Heights apartments which were constructed atop the former site of the Lincoln
School. Ordinance 1747 approved on June 29, 1970 enacted a new zoning map and set of
districts and zoning requirements for the city. While the black and white scan of the ordinance
map is difficult to read, a full-color version dated with the ordinance and signed by the Mayor
shows the subject property and surrounding neighborhood as being zoned into the medium-
density “R-2” zoning district, which was subsequently translated to the current zoning of “RMF-
24” with the adoption of the city’s Unified Development Code.
DISCUSSION:
From a historic perspective, the request is appropriate as UN would provide a mixed-use area of
medium intensity and require a 0’-25’ build-to zone, which aligns with historic patterns that
blended residential and small-scale commercial and institutional uses.
Property History:
Although the property is currently vacant, historic documentation reveals that there were
improvements present since at least the 1920s. By 1930, a one-story frame dwelling was
present on the property near Rock Street. By 1980, aerial imagery shows that the property as
vacant.
Planning Commission
August 11, 2025
(Davis)
Page 15 of 17
ATTACHMENTS:
1926 Aerial Imagery
1941Aerial Imagery
1930 Sanborn Map
1965 Aerial Imagery
1980 Aerial Imagery
Planning Commission
August 11, 2025
(Davis)
Page 16 of 17
To: Fayetteville Planning Commission
Re: Rezoning Request – RMF-24 to Urban Neighborhood (UN)
Applicant: Ms. Flowers Davis
Dear Commissioners,
On behalf of Ms. Flowers Davis, we respectfully request a rezoning of the subject property from
Residential Multi-Family, 24 Units per Acre (RMF-24) to Urban Neighborhood (UN).
This request supports Ms. Davis’s plan to develop fee-simple townhomes, each on its own lot,
providing a form of attainable homeownership in an increasingly in-demand area. With the
recent change in policy recognizing alley access as frontage, the Urban Neighborhood zoning
district now allows these homes to be subdivided into individual lots.
We believe Urban Neighborhood is a compatible fit for this location for the following reasons:
● Proximity to Downtown: The property lies just outside the downtown core and is
well-served by existing infrastructure, services, and public transportation.
● Contextual Development Pattern: The surrounding area already features a mix of
housing types, including detached homes, duplexes, and townhomes.
● Nearby Non-Residential Uses: The site is also near a variety of non-residential uses.
● Neighborhood Compatibility: UN zoning will allow for incremental, human-scaled
growth that is in keeping with the City’s goals of increasing housing diversity while
preserving the overall character of surrounding neighborhoods.
Thank you for your consideration of this request. We believe this rezoning is a step toward
thoughtful infill development that addresses both housing demand and neighborhood livability.
Sincerely,
Wes Bates
On behalf of Ms. Flowers Davis
Planning Commission
August 11, 2025
(Davis)
Page 17 of 17
Form v1.55
NV\
ECEIVE
9/02/2025 Li
medla cm,OF 02/2025YILLE
CITY CLERKS OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 537090
PO #:
Matter of: ORD 6906
AFFIDAVIT•STATE OF ARKANSAS
I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in 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 6906
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 tide 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$85.12.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 09/07/25;NWA nwaonline.com 09/07/25
Legal Cler
State of ARKANSAS,County of Sebastian = =
Subscribed and sworn to before me on this 8th day of September,2025 = u;(4-12S"
NO Y PUBLIC
ORDINANCE:6906
File Number: 2025-1514
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETmON RZN 2025-
28 FOR APPROXIMATELY 0.40
ACRES LOCATED AT 261 EAST
ROCK STREET 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 Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
Al and the legal description(Ex-
hibit 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 Coun-
cil of the City o1 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
September 2,2025
Approved:
Molly Rawn,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clark-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$85.12
September 7,2025 537090