HomeMy WebLinkAboutOrdinance 6911113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6911
File Number: 2025-1684
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 9/22/2025 2:34:46 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00026310
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-31
FOR APPROXIMATELY 9.9 ACRES LOCATED AT 3900 WEST DINSMORE TRAIL IN WARD 1 FROM
NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NC, Neighborhood Conservation to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on September 16, 2025
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 85.12
Page 1
File Number: 2025-00026310 Page 1 of 3
RZN-2025-0031 3900 W. DINSMORE TRL I EXHIBIT A0031
Close Up View
R-A
— Regional Link
Subject Property
RSF-1
RSF-4
RSF-S
'J&
NORTH
Zone Current Proposed
CS
11.1
21.0
Neighborhood Link
NC
48.0
38.2
— Residential Link
R-A
0.0
0.0
Planned Neighborhood Link
Feet
RSF-4
RSF-8
0.0
0.0
0.0
0.0
0 Hillside -Hilltop Overlay District
0 135 270 540
810 1,080
Planning Area
_—! Fayetteville City Limits
1:4,400
Total
59.2 ac
File Number: 2025-00026310 Page 2 of 3
RZN-2025-0031
EXHIBIT B
LEGAL DESCRIPTION. (ORIGINAL CS ZONING)
A pan of the NEIM of the SE114 and a part of the N W 1l4 of the SE 1 /4 of Section 13,
T16N, R31 W in Washington County. Arkansas, and being described as follows.
Commencing at the NE Comer of said NE114. SE114, thence N87'18'04"W 1.264.24
feel to the POINT OF BEGINNING. thence S23'04'37"W 575.44 feet. thence
N51 `4726"W 309.32 feet. thence S02`2329W 960.70 feet, thence N87'37'28'W
247.02 feet, thence NO2'22'32'E 820.76 feet. thence along a curve to the right 80.96
feel, said curve having a radius of 472.00 feet and a chord bearing and distance of
N07`1723"E 80.87 feel thence along a reverse curve to the left 211.13 feet, said
curve having a radius of 516.00 feel and a chord bearing and distance of
N00`2K56"E 209.66 feet, thence NO2'22'32E 64.95 fseL thence along a non tangent
curve to the right 18.38 feet. said curve having a radius of 85.00 feet and a chord
bearing and distance of N31'10'4TE 18.35 feet, thence N37'2732"E 72.05 feet.
thence along a curve to the left 74.76 feet. said curve having a radius of 123.50 feet
and a chord bearing and distance of N20'02'(VF 73.62 feel. thence S87'18'04"E
628.72 feet to the POINT OF BEGINNING. Containing 11.14 acres more or less
subject to easements and right of way of record.
LEGAL DESCRIPTION. (REVISED CS ZONING)
A pan of the NE 114 of the SE11l4 and a part of the N W 114 of the SE 114 of Section 13,
T16N. R31 W in Washington County. Arkansas, and being described as follows:
Commencing at the NE Comer of said NE114. SE114. thence N87'18'04"W 1.264.24
feel to the POINT OF BEGINNING. thence S02'22'32"W 1.317.54 feet, thence
N87'37'28"W 701.21 feel. thence NO2'22'32"E 820.76 feet, thence along a curve to
the right 80.96 lest said curve having a radius of 472.00 feet and a chord bearing and
distance of N07' 1723"E 80.87 feel thence along a reverse curve to the left 211.13
feet, said curve having a radius of 516.00 feet and a chord bearing and distance of
N00'28'5WE 209.66 lest. thence NO2'22'32"E 64.95 feet thence along a non tangent
curve to the right 18.38 feet. said curve having a radius of 85.00 feet and a chord
bearing and distance of N31' 10'47E 18.35 feel thence N37"2732'E 72.05 feel.
thence along a curve to the left 74.76 feet, sad curve having a radius of 123.50 feet
and a chord bearing and distance of N20'02'00"E 73.62 feet. thence S87'18'04'E
628.72 feet to the POINT OF BEGINNING. Containing 21.04 acres more or less
subject to easements and right of way of record.
LEGAL DESCRIPTION. (ORIGINAL NC ZONING)
A pan of the NE114 of the SE114 and a part of the N W 114 of the SE114 of Section 13,
T16N. R31 W in Washington County. Arkansas, and being described as follows.
Beginning at the NE Corner of said NE114. SE114, said point being the POINT OF
BEGINNING, thence S02'11'41"W 1.310.41 feel, thence N87'37'28'W 1.722.55 feet.
thence NO2'2T29"E 960.70 feet thence S51'4726"E 309.32 feet. thence
N23'04'37"E 575.44 lest, thence S87'18'04"E 1.264.24 feet to the POINT OF
BEGINNING: Containing 48.10 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION. (REVISED NC ZONING)
A part of the NE114 of the SE 1/4 of Section 13. T 16N. R31 W in Washington County.
Arkansas. and being described as follows: Beginning at the NE Corner of said NEI A,
SE1/4, said point being the POINT OF BEGINNING. theme S02'11'41 W 1.310.41
feet, thence N87'37'28"W 1.268.35 feet. thence NO2'2232"E 1.317.54 leeL thence
Washington County, AR
I certify this instrument was filed on
9/22/2025 2:34:46 PM
and recorded in REAL ESTATE
SB7'18'04"E 1,264.24 feet 10 the POINT OF BEGINNING. Containing 38.20 acres File# 2025-00026310
more or less subject to easements and right of way of record Kvle Svlvester - Circuit Clerk
File Number: 2025-00026310 Page 3 of 3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1684
MEETING OF SEPTEMBER 16, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Wesley Frank, Planner
SUBJECT: RZN-2025-0031: Rezoning (3900 W. DINSMORE TRL/ TEAGUE, 517): RZN-2025-0031:
Rezoning (3900 W. DINSMORE TRL/ TEAGUE, 517): Submitted by JORGENSEN &
ASSOCIATES for property located at 3900 W. DINSMORE TRL in WARD 1. The
property is zoned CS, COMMUNITY SERVICES and NC, NEIGHBORHOOD
CONSERVATION and contains approximately 60.00 acres. The request is to rezone
9.9 acres from NC, NEIGHBORHOOD CONSERVATION to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject area is in west Fayetteville just east of the roundabout between Rupple Road and W. Tofino Drive.
The parcel (765-22366-800) was part of the City-initiated 2015 rezoning to support the development of Rupple
Road, which was intended to serve as a mixed-use corridor. As a result, the property was split-zoned between
CS, Community Services, and NC, Neighborhood Conservation. The property is developed with a single-family
home that is considered a historical building as it was built in 1895 according to Washington County records.
Long-Range Planning has been awarded a grant from the Arkansas Historic Preservation Program to support
a survey of historic structures within the Fayetteville city limits and recommends that property owners should
consult with staff prior to demolition or alteration so that documentation can be made. The property does not
fall within any overlay districts or master plan areas.
Request: The applicant is proposing to shift the existing zoning boundaries of the split-zoned parcel (765-
22366-800), which would result in the rezoning of 9.9 acres from NC, Neighborhood Conservation to CS,
Community Services. No specific development plans have been submitted to City Staff.
Public Comment: Staff has not received any public comment at this time.
Land Use Compatibility: On the balance of considerations, staff recommends in favor of the request. The
property received this zoning district (Ord. 5775) in 2015 during Rupple Road’s development. The intent for the
642 acres along Rupple Road was to establish a mixed-use corridor, with CS allowing for mixed uses along the
corridor and NC, a single-family zoning district, in the peripheral areas to allow for “adequate transition and
compatibility among existing uses.” Rezoning to CS would support anticipated growth along Rupple Road by
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
allowing more mixed-use opportunities and addressing the current non-uniform zoning pattern created by a
strip of CS zoned property extending in to the area largely designated as NC, which could otherwise hinder
cohesive future development. The proposed rezoning would also promote consistency along the corridor, while
maintaining a focus on Rupple Road frontage, even as adjacent properties to the east along Dinsmore Trail
remain underdeveloped and less capable of supporting growth.
The 2015 rezoning to CS was intended to support mixed-use development along the Rupple Corridor, but
instead has resulted primarily in single-family homes, contrary to that vision. Staff is concerned that adding
more CS zoning could continue this trend, especially given CS allows single-family homes by right with no
density cap and minimal lot widths, unlike NC zoning, which limits density and only permits single-family use.
NC serves as a transitional buffer toward Dinsmore Trail, but both NC and CS areas have developed almost
exclusively as single-family, creating an unexpected homogeneity in what was meant to be a diverse corridor.
While CS zoning permits a range of uses—including multi-family and commercial—these have largely not
materialized, and in some cases, single-family homes were oriented away from Rupple Road, diminishing the
streetscape and interaction with the public right-of-way. Despite a development code amendment addressing
dual frontage, concerns remain about continued single-family growth in CS zones. A proposed Master Street
Plan connection to Dinsmore Trail could bring increased development pressure, but the area’s low infill score
and limited infrastructure make it ill-equipped for higher intensity. While staff sees the potential benefits of CS
zoning, the current development pattern undermines the corridor’s original mixed-use intent, and expanding
CS may exacerbate that issue.
Land Use Plan Analysis: Staff finds the applicant’s request aligns with the City’s future land use goals.
According to City Plan 2040, this area is designated as both Residential Neighborhood and City Neighborhood.
While both CS and NC support residential development consistent with the Residential Neighborhood
designation, only CS aligns with the City Neighborhood designation by allowing by-right, mixed-use
development. The CS use schedule offers a broad range of mixed-use options, supporting the City’s goals and
the intent of the original zoning. Expanding CS in this area could better support growth along Rupple Road and
its surroundings.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 3 for this site. The
following elements of the matrix contribute to the score:
• Near Public School (John L. Colbert Middle School)
• Near City Park (Centennial Park)
• Near Paved Trail (Side-Path Trail)
DISCUSSION:
At the August 25, 2025 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Werner motioned and Commissioner Payne seconded.
Commissioner Werner said that affirming the proposed rezoning would result in more uniform zoning district
lines, alleviating future development confusion. No members of the public spoke concerning the presented
item.
BUDGET/STAFF IMPACT:
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1684
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-31 FOR APPROXIMATELY 9.9 ACRES LOCATED AT 3900 WEST DINSMORE
TRAIL IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from NC, Neighborhood Conservation to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
8/29/2025
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
2025-1684
Item ID
9/16/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0031: Rezoning (3900 W. DINSMORE TRL/ TEAGUE, 517): Submitted by JORGENSEN & ASSOCIATES for
property located at 3900 W. DINSMORE TRL in WARD 1. The property is zoned CS, COMMUNITY SERVICES and NC,
NEIGHBORHOOD CONSERVATION and contains approximately 60.00 acres. The request is to rezone 9.9 acres from
NC, NEIGHBORHOOD CONSERVATION to CS, COMMUNITY SERVICES.
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
THRU: Jessie Masters, Planning Director
FROM: Wesley Frank, Planner
MEETING DATE: August 25, 2025
SUBJECT: RZN-2025-0031: Rezoning (3900 W. DINSMORE TRL/ TEAGUE, 517):
Submitted by JORGENSEN & ASSOCIATES for property located at 3900 W.
DINSMORE TRL. The property is zoned CS, COMMUNITY SERVICES and
NC, NEIGHBORHOOD CONSERVATION and contains approximately 60.00
acres. The request is to rezone 9.9 acres from NC, NEIGHBORHOOD
CONSERVATION to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0031 to City Council with the recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0031 to City Council with a recommendation of approval.”
BACKGROUND:
The subject area is in west Fayetteville just east of the corner of the roundabout intersection
between Rupple Road and W. Tofino Drive. The parcel (765-22366-800) was part of the 2015
rezoning to support the development of Rupple Road, which was intended to serve as a mixed-
use corridor. As a result of this rezoning, the property was split-zoned between CS, Community
Services, and NC, Neighborhood Conservation. The property is developed with a single-family
home that was built in 1895, according to Washington County records. The property does not fall
within any overlay districts or Master Plan areas. Surrounding land uses and zoning is depicted
in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Undeveloped, Residential Single-Family CS, Community Services, NC, Neighborhood
Conservation
South Undeveloped, Residential Single-Family
CS, Community Services, NC, Neighborhood
Conservation, RSF-1, Residential Single-Family, 1 Unit
per Acre
East Residential Single-Family R-A, Residential-Agricultural/ RSF-8, Residential
Single-Family, 8 Unites per Acre
West Single-family subdivision under
development CS, Community Services
Request: The applicant proposed to shift the existing split-zoning boundaries at parcel (765-
22366-800), resulting in 9.9 acres of NC, Neighborhood Conservation shifting to CS, Community
Services. No specific development plans have been submitted to City Staff.
Planning Commission
August 25, 2025
(TEAGUE)
Page 1 of 18
Public Comment: Staff has not received any at this time.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The property’s frontage along S. Rupple Road, a regional link, is completely
improved. In addition, the property has frontage along W. Dinsmore Trail, a
residential link, which is partially improved with asphalt paving. In the northeast
corner of the property there are two streets which dead end at this property. The
first, N. Chicago Way, is an improved residential link which is partially improved
with asphalt paving, curb and gutter, and a sidewalk on one side. The other, N.
Solitude Bend, is an improved residential link which is improved with asphalt
paving, curb and gutter, and sidewalks on both sides. Any street improvements
required in these areas would be determined at the time of development proposal.
Water: Public water is available to the subject area. There is an existing 8-inch water main
along the north side of W. Dinsmore Trail. In addition, there is an 8-inch water main
connection on the north side of the subject property along N. Chicago Way.
Sewer: Sanitary sewer is available to the subject area. There is an 8-inch sewer main
connection on the north side of the subject property along N. Chicago Way.
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 6, located at 900 S. Hollywood Ave., protects this site. The property is
located approximately 2.3 miles from the fire station with an anticipated drive time
of approximately 7 minutes using existing streets. The anticipated response time
would be approximately 9.2 minutes. The Fire Department response time is
calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for
turn-out time. Within the City Limits, the Fayetteville Fire Department has a
response time goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property is within a FEMA floodplain, the Hillside-Hilltop Overlay
District or includes a protected stream. Hydric soils are present and 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. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required. Any additional improvements or requirements for drainage will be
determined at time of development.
Planning Commission
August 25, 2025
(TEAGUE)
Page 2 of 18
Tree Preservation:
Both zoning districts of CS, Community Services, and NC, Neighborhood
Conservation require 20% minimum canopy preservation respectively. The
change in zoning district boundaries would not affect tree preservation calculations
as both districts have the same requirement.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood and Residential
Neighborhoods.
City Neighborhoods are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
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 score of 3 for this site,
with a weighted score of 3.5. The following elements of the matrix contribute to the score:
• Near Public School (John L. Colbert Middle School)
• Near City Park (Centennial Park)
• Near Paved Trail (Side-Path Trail)
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.
Land Use Compatibility: Staff finds the request to be not fully compatible
with the surrounding land uses and the intention of the original rezoning.
The property received this zoning district (Ord. 5775) in 2015 during Rupple
Road’s development. The intent for the 642 acres along Rupple Road was to
establish a mixed-use corridor, with CS to allow for mixed uses along the
corridor and NC, a single-family zoning district, in the peripheral areas to
allow for “adequate transition and compatibility amongst existing uses.”
Rezoning to CS would allow for further support to Rupple Road as it permits
for more mixed-use opportunities. A Master Street Plan anticipated
connection dissects through the property as it connects to W. Dinsmore Trail
to the east. This connection indicates that growth is anticipated at this
location, which would be supported by additional CS zoning. As result of the
original rezoning, a unique flag of CS enters into the NC zoning. This may
Planning Commission
August 25, 2025
(TEAGUE)
Page 3 of 18
create an issue for future development as this non-uniformity creates non-
cohesive borderlines. The proposed rezoning would resolve this issue by
creating uniformity here. Additionally, the adjacent properties and
infrastructure to the east along Dinsmore Trail are underdeveloped, which
may not be able to manage the growth. But where the CS zoning is being
proposed would still primarily supports Rupple Road as this is where it will
continue to front.
However, the intention of the rezoning in 2015 was for CS to provide mixed
use opportunities along the Rupple Corridor, which has not yet happened.
Since that time, development in the CS districts along Rupple Road have
been primarily single-family detached homes, which was not the intent. Staff
is concerned that additional CS would allow for further development of
single-family developments given the established precedent. The NC zoning
acts as a buffer transition in the area as the property moves east towards
Dinsmore Trail. NC has a density maximum of 10 units per acre and has
larger lot width minimums at 50 feet. The use schedule allowances for NC
are only single-family. CS allows single-family homes by right with no
density maximums and on lots as narrow as 18 feet, which could lead to the
proliferation of strictly single-family subdivisions in an area originally
intended as a mixed-use corridor. With both CS and NC districts in the area
only being developed with single-family, it highlights the unanticipated
homogeneity of an intended mixed-use corridor. In CS, the use schedule
allows for multi-family residential by-right and for non-residential uses
ranging from institutional uses to commercial uses such as restaurants,
offices, and small-scale production. Staff asserts that these uses make
sense and are compatible with the property’s frontage along Rupple Road,
but this has not happened in other developed areas. One issue that arose
during the CS single-family development to the south was a significant
number of these homes were developed with their facades facing away from
Rupple, impacting the pedestrian interaction here. This resulted in a non-
uniform look to much of the CS zoning district’s development as some
homes’ principle façade face Rupple Road and others do not. Though UDC
§ 164.06(C) was approved to prevent a property from fronting two streets,
the concern still remains of additional housing in this zoning district. As
mentioned, a future Master Street Plan connection is proposed here to
connect S. Rupple to Dinsmore Trail to the east, which can introduce
substantial intense development to this area. The property does have a low
infill score of 3 as this area has higher-intensity zoning entitlements but has
not yet been developed with the necessary infrastructure that could support
higher intensity development. Staff supports a CS rezoning as it would allow
for additional benefits that are missing in the area, but the area’s model and
intention are counter to this proposal and so by allowing additional CS may
compound this issue.
The existing building located on the subject property is considered a
historical building as it was developed in 1895. Long-Range Planning has
been awarded a grant from the Arkansas Historic Preservation Program to
support a survey of historic structures within the Fayetteville city limits and
recommends that property owners should consult with Long Range &
Planning Commission
August 25, 2025
(TEAGUE)
Page 4 of 18
Preservation Planner prior to demolition or alteration of historic structures
so that staff can capture photo documentation of the existing structures.
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent
with the City’s Goals regarding the future land use. City Plan 2040’s Future
Land Use Map designates this area as Residential Neighborhood and City
Neighborhood. Residential Neighborhood supports the development of
residential units, which can be supported by both CS and NC with their
residential uses. City Neighborhood supports the development of mixed-use
units, which can only be CS in this location. The CS use schedule offers a
wide range of mixed use which is consistent with the City’s Goals and
original zoning ordinance. The growth of CS with its by-right allowances may
offer more support to Rupple Road and the surrounding area.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification to rezone this section of the
subject property from NC to CS as CS zoning allows for more mixed-use
which would adhere to the original intent of Ord. 5775 and land use
designations.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from NC to CS has the potential to increase traffic at this location
when considering that CS would allow for more dense development than the
existing zoning which has a density maximum. The subject property fronts
onto a major public thoroughfare on S. Rupple Road as well as future Master
Street Plan connection. The property also fronts onto Dinsmore Trail, which
may not be able to sufficiently handle an increase in traffic. Any necessary
street improvements and potential traffic impacts would be determined at
the time of development.
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: The proposed rezoning has the potential to alter the population density
since CS has smaller lot sizes and no density maximums, potentially
increasing population density at a considerable rate. However, the property
is near several high-intensity residential development in the area, which are
supported by existing public infrastructure with no known capacity issues.
Any necessary upgrades or improvements to existing infrastructure would
be determined at the time of development. 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:
Planning Commission
August 25, 2025
(TEAGUE)
Page 5 of 18
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: Staff recommends forwarding RZN-2025-0031 to City Council with a
recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: August 25, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
• §161.29 Neighborhood Conservation
• §161.22 Community Services
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
• Long Range Planning Memo
• Applicant Request Letter
Planning Commission
August 25, 2025
(TEAGUE)
Page 6 of 18
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other
zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of
uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood
character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit
12a
Limited business*
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communication facilities
Unit 44 Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 40 feet
(2) Lot Area Minimum. 4,000 square feet
(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 5 feet
Planning Commission
August 25, 2025
(TEAGUE)
Page 7 of 18
Rear 5 feet
Rear, from center line of
an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; 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, 7—9, 1-17-17; Ord. No.
6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so
that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall
automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and
date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination
section.
Planning Commission
August 25, 2025
(TEAGUE)
Page 8 of 18
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable
mixed use centers located along commercial corridors that connect denser development nodes. There is a
mixture of residential and commercial uses in a traditional urban form with buildings addressing the street.
For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zo ne. The
intent of this zoning district is to provide standards that enable development to be approved
administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-
through restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Planning Commission
August 25, 2025
(TEAGUE)
Page 9 of 18
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front: A build-to zone that is
located between 10 feet
and a line 25 feet from the
front property line.
Side and rear: None
Side or rear, when
contiguous to a single-
family residential district:
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5,
7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
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 ter mination
section.
Planning Commission
August 25, 2025
(TEAGUE)
Page 10 of 18
TOFINO DR
TOFINODR
R
U
PPLE
RD
RUPPLER D
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P
P
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R
D
R
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R
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D
I
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M
O
R
E
T
R
L
R UPPLE
RD
RUPPLE
R
D
CS
R-O
RSF-18
RSF-2
NC
RMF-24
RSF-8
RSF-1
R-A
RSF-4
P-1
Regional Link
Neighborhood Link
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0031 3900 W. DINSMORE TRL N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
August 25, 2025
(TEAGUE)
Page 11 of 18
Proposed CS
Proposed NC
TOFINO
DR
DI
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M
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T
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BIBURY
LN
CHICAGO
WAY
SOLITUDE
BN
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WALES DR
BUCKAROO
ST
SOMERVILLE LN
DI VIDE
DR
HAWKSTON E D R
WA
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W
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DINSMORE TRL
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AB O UT
1
0
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RUPPLE
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R
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P
P
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D
CS
NC RSF-8
RSF-1
R-A
RSF-4
Regional Link
Neighborhood Link
Residential Link
Planned Neighborhood Link
Hillside-Hilltop Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0031 3900 W. DINSMORE TRL
N
0 270 540 810 1,080135
Feet
Subject Property
Zone Proposed
CS
NC
R-A
RSF-4
RSF-8
21.0
38.2
0.0
0.0
0.0
Total 59.2 ac1:4,400
Current
11.1
48.0
0.0
0.0
0.0
Planning Commission
August 25, 2025
(TEAGUE)
Page 12 of 18
DINSMORE
TRL
R
UPPLE
RD
R
U
P
P
L
E
RD
R
U
P
P
L
E
R
D
RUPPLE
RD
Regional Link
Neighborhood Link
Residential Link
Planned Neighborhood Link
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2025-0031 3900 W. DINSMORE TRL N
0 225 450 675 900112.5
Feet
Subject Property
Undeveloped
Single-Family Residential
1:3,600
Planning Commission
August 25, 2025
(TEAGUE)
Page 13 of 18
City
Neighborhood
Civic and
Private
Open Space
Civic
Institutional
Natural
Residential
Neighborhood
R
U
PPLE
RD
RUPPLE R D
R
U
PPLE
RD
R
U
P
P
L
E
R
D
R U P P L E RD
RUPPLE
R
D
Regional Link
Neighborhood Link
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2025-0031 3900 W. DINSMORE TRL N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
August 25, 2025
(TEAGUE)
Page 14 of 18
TO: Wes Frank, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: August 25, 2025
SUBJECT: Long Range Planning Comments Regarding RZN-2025-0031
RECOMMENDATION:
Advisory Only: Property owner and/or applicant should consult with Long Range & Preservation
Planner prior to demolition or alteration of historic structures to capture photo documentation.
Documentation of historic resources is an effective way to mitigate against the loss of historic
structures when regulatory tools are not available.
BACKGROUND:
The applicant requests to rezone approximately 8.52 acres, by increasing the amount of
property currently zoned CS, Community Services and reducing the portion of the property
zoned NC, Neighborhood Conservation. Two long range planning documents are relevant when
evaluating this request: City Plan 2040 and the Heritage & Historic Preservation Plan.
City Plan 2040 (2020):
• 3.1.6 – Encourage historic preservation and adaptive reuse of buildings (p.24)
• 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)
Heritage & Historic Preservation Plan (2023):
The City’s Heritage & Historic Preservation Plan was initiated by City Plan 2040.
Heritage and Historic Preservation Master Plan Relevant Goals and Action Items
1.9 Plan Review Include historic preservation staff in review of proposed major
projects and zoning changes to determine impacts to historic
resources.
1.10 Demolition
Ordinance
Pass an ordinance to allow for the review of proposed demolitions
for resources forty-five years or older. Staff to evaluate each
property for significance. Work with property owner to discourage
demolition. Reviews should be taken up by HDC as needed.
4.9 Community
Engagement:
Transparency
Publish information about historic preservation reviews and
demolitions of historic properties to increase transparency.
Planning Commission
August 25, 2025
(TEAGUE)
Page 15 of 18
DISCUSSION:
The house is already within the portion of the property zoned NC, which has a front build-to
zone of 0’-25’, and while the existing front setback will not change under the current request, it
is of note that this does not align the existing rural historic-age residence, which is set farther
back from the road (approximately 88’ from the public right-of-way).
Property History:
The property contains a single-family dwelling constructed ca. 1895, according to the County
Assessors Records. This represents a very early residential dwelling that is becoming
increasingly rare in Fayetteville. The house is a simple, side-gabled hall and parlor form with
what appears to be one or two rear additions, and a side carport addition.
Planning Commission
August 25, 2025
(TEAGUE)
Page 16 of 18
ATTACHMENTS:
1965 Aerial Imagery
Aerial imagery prior to 1965 does not include the subject area.
Planning Commission
August 25, 2025
(TEAGUE)
Page 17 of 18
JORGENSEN 124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
www.jorgensenassoc.com
Established 1985
+ASSOCIATES Civil Engineering + Surveying
City of Fayetteville Parks Department
1445 South Happy Hollow Rd.
Fayetteville, AR. 72703
Re: Teague Rezoning
Dear Parks Department,
Please accept this request for a rezoning of property located at 3900 W Dinsmore Trail (Parcels 765-
22366-901 & 76522366-800). The current zoning has a total of ~ 11 acres of CS and ~49 of NC. We are proposing
to align the CS zoning to be 550’ east of Rupple Road and run more or less parallel to Rupple. We understand
that the original zoning lines reflect the Master Street Plan, but we feel that this new alignment will allow for a
more cohesive development pattern as the development goes from CS to NC. Since this isn’t introducing any
new zoning, compatibility with surrounding uses will remain the same.
The Developer of this property is as follows:
TABA20, LLC
5519 Hacket Road, Suite 300
Springdale, AR 72762
Mark Marquess
markm@riverwoodhomesnwa.com
Thanks, and we appreciate your consideration.
_________________
Blake Jorgensen, PE
Planning Commission
August 25, 2025
(TEAGUE)
Page 18 of 18
Form v1 55
NVN
ECEIVE
9/16/2025 Lt
ntedia Cr*Y Of =AYET'E'1 L_=
CITY CLERIC'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 540628
PO #:
Matter of: ORD 6911
AFFIDAVIT•STATE OF ARKANSAS
1 Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6911
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 tide 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$85.12.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 09/21/25;NWA nwaonline.com 09/21/25
�iai4lil6it
Legal C
State of ARKANSAS,County of Sebastian
Subscribed and sworn to before me on this 22nd day of September, 2025 ,d
•
NOT _ PUBLIC
Ordinance:6911
File Number: 2025-1684
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
31 FOR APPROXIMATELY 9.9
ACRES LOCATED AT 3900 WEST
DINSMORE TRAIL IN WARD 1
FROM NC, NEIGHBORHOOD
CONSERVATION TO CS,COMMU-
NITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from NC,Neighborhood
Conservation to CS,Community
Services.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
September 16,2025
Approved:
Molly Rawn,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$85.12
September 21,2025 540628