HomeMy WebLinkAboutOrdinance 6914 (2)113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6914
File Number: 2025-1674
1111111111111111111111111111111111
TYPE; LAND RECORDS FEE: $25,00 1 OF 3
REC; 10;21 2025 03:59PM I B. REID
KIND; ORDINANCE
WASHINGTON COUNTY, AR
KYLE SYLVESTER. CIRCUIT CLERK
FILE NO:2025-29255
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-32
FOR APPROXIMATELY 19.92 ACRES LOCATED ON WEST LIERLY LANE IN WARD 4 FROM R-A,
RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural to NC, Neighborhood Conservation.
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 October 7, 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
RZN-2025-0032
Close Up View
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BERSEIS DR
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Planning Area
Fayetteville City Limits
Subject Property
Proposed NC
Feet
0 80 160 320 480 640
1:2,700
Exhibit'A'
RZN-2025-0032
RSF-4
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Zone Current Proposed
NC 0.0 20.0
RSF-4 0.1 0.0
Total 20.0 ac
Exhibit 'B'
RZN-2025-0032
Parcel 001-16788-000 (located in Washington County, Arkansas)
A part of the Southwest Quarter (SW 1/ 4) of the Northeast Quarter (NE 1/4) and a part
of the Northwest Quarter (NW 1/4) of the Southeast quarter (SE 1/4) of Section Thirty
One (31), Township Seventeen (17) North, Range Thirty (30) West, being more
particularly described, to -wit: Beginning at a point which is N 89°59'40" E 651.0 feet
from the Northwest corner of said Southwest Quarter (SW 1/4), Northeast Quarter (NE
1/4) and running, thence N 89°59'40" E 325.5 feet; thence South 1540.0 feet; thence S
89059'40" W 325.5 feet; thence North 1540.0 feet to the point of beginning. Containing
11.51 acres, more or less.
:►6
Parcel 001-16811-001 (located in Washington County, Arkansas)
A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) and a part of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section Thirty One
(31), Township Seventeen (17) North, Range Thirty (30) West, being more particularly
described, to -wit: Beginning at a point which is N 89°59'40" E 976.5 feet from the
Northwest corner of said Southwest Quarter (SW 1/ 4) Northeast Quarter (NE 1/ 4) and
running thence N 89°59'40" E 325.5 feet to the Northeast corner of said Southwest
Quarter (SW 1/4), Northeast Quarter (NE 1/4); thence South 1540.0 feet; thence S
89059'40" W 325.5 feet; thence North 1540.0 feet to the point of beginning, containing
11.5 acres, more or less.
LESS AND EXCEPT
A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter and a part of the
Northwest Quarter of the Southeast Quarter of Section 31, Township 17 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows, to -
wit: Beginning at the Northeast corner of the Southwest Quarter of the Northeast Quarter
of said Section 31 and running thence S 89°59'40" W 367.08 feet; thence S 01'01'05" E
100.00 feet; thence N 89°59'40" E 30.00 feet; thence S 00'01'05" E 292.47 feet; thence N
89059'41" E 333.63 feet; thence N 00°29'04" E 392.49 feet to the point of beginning,
containing 3.09 acres, more or less.
WASHINGTON COUNTY, AR
ICERTIFYTHIS IN STRUMENT WAS FILED ON
10 21?2025 03:59PM
AND RECORDED IN REAL ESTATE
FILE NUMBER 2025-29255
KYLE SYLVESTER, CIRCUIT CLERK
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1674
MEETING OF OCTOBER 7, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
SUBJECT: RZN-2025-0032: Rezone (W. LIERLY LN/MOORE, 244 & 283): Submitted by RMP LLP
for property located on W. LIERLY LN. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 19.92 acres. The request is to rezone
the property to NC, NEIGHBORHOOD CONSERVATION.
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 far west Fayetteville on the south side of W. Lierly Ln. and abutting W. Violet
St. and W. Berseis Dr. The property contains two undeveloped parcels totaling 19.92 acres. A request to
annex the subject property into the City of Fayetteville (ANX-2025-0001) has been submitted concurrently with
this application, as all parcels are annexed into the city limits as R-A, Residential Agricultural.
Request: The request is to rezone the subject property from R-A, Residential Agricultural to NC, Neighborhood
Conservation.
Public Comment: Staff received three comments in opposition to the annexation request, citing increased
traffic, demand on existing utilities and other city services, potential impact of development on adjacent
neighborhoods, density concerns, and a desire for the property to remain undeveloped to protect existing
views.
Land Use Compatibility: Staff finds the proposed zoning of NC, Neighborhood Conservation to be compatible
with the surrounding area. While NC would permit narrower and smaller lots than zoning currently allows (40
feet versus 200 feet for single-family dwellings, two-acre lot size minimum versus none), staff finds that
adjacent lots have been platted at or near the minimum lot width for the RSF-4 zoning district (70 feet), and
houses within the immediate vicinity have generally been constructed within 15’-25’ of the street ROW. This
distance is consistent with the build-to-zone requirement of the proposed NC zoning; as such, staff finds the
addition of a build-to-zone would not result in development patterns which are incompatible with surrounding
neighborhoods. Additionally, the proposed zoning district currently exists less than 200 feet to the east of the
subject area.
Staff finds that the uses permitted in NC are substantially similar to those within the adjacent RSF-4 district,
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
with identical by-right uses and only two additional conditional uses (Use Unit 25: Offices, studios and related
services and Use Unit 36: Center for Collecting Recyclable Materials). Staff finds that, while R-A has a
substantially lower density of one residential unit per two acres, it also permits intense uses such as animal
husbandry and agriculture, including rodeo grounds, animal hospitals, livestock services, and other farm uses
that may be less compatible than the proposed zoning district given the subject area is surrounded by strictly
residential neighborhoods on three sides. Additionally, the property is within half a mile of Holt Middle School,
Holcomb Elementary School, Gary Hampton Soccer Complex, trails, and other nonresidential services.
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 highly connected, compact
blocks with gridded street patterns and reduced building setbacks. The NC zoning district would allow for
development between existing subdivisions that would contribute to city goals to create connected
development and to grow a livable transportation system. While staff finds that developing on the outskirts of
the city has the potential to increase maintenance and other long-term expenses, in this case, staff finds that
infrastructure is readily available from adjacent neighborhoods to the east and west and that the subject area is
within close proximity to a wide array of city services such as parks, schools, and trails despite its location at
the city’s edge.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 2-4 for this site. The
following elements of the matrix contribute to the score:
1. Near Sewer Main (8-inch main; W. Violet St.)
2. Near Water Main (8-inch main; W. Violet St. and W. Berseis Dr.)
3. Near City Park (Lierly Lane Park)
4. Near Paved Trail (Rupple Rd. Side Path)
DISCUSSION:
At the August 25, 2025, Planning Commission meeting, a vote of 4-2-1 forwarded the request. The applicant
noted the reduction of the existing peninsula, proximity of utilities and adjacent higher density zoning districts
including NC, Neighborhood Conservation, as well as compatibility with surrounding neighborhoods. One
neighbor spoke against the request, citing a desire for his property to remain outside of city limits and
requesting that the commission get more information on the final layout of any proposed development before
either annexing or rezoning the requested properties. Also noted was an error in the staff report that stated W.
Grouse St. was adjacent to the subject area.
Commissioners in favor of the rezoning noted increased flexibility from smaller lot width allowances, improved
results from developments with build-to-zone requirements, and the proximity of adjacent zoning districts with
higher densities. Commissioner Garlock cited concerns with the proposed density requested and
Commissioner Payne stated that he had concerns with the request to NC given the adjacent single-family
neighborhoods. Commissioner Werner motioned, and Commissioner Gulley seconded. Commissioner
McGetrick recused. Commissioners Garlock and Payne voted against the request.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Public Comment, 7. Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1674
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-32 FOR APPROXIMATELY 19.92 ACRES LOCATED ON WEST LIERLY LANE IN
WARD 4 FROM R-A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD
CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from R-A, Residential Agricultural to NC,
Neighborhood Conservation.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-1674
Item ID
9/16/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0032: Rezone (W. LIERLY LN/MOORE, 244 & 283): Submitted by RMP LLP for property located on W.
LIERLY LN. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 19.92 acres. The
request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
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 -$
-$
1
Wonsower, Donna
From:Planning Shared
Sent:Monday, August 25, 2025 8:26 AM
To:Wonsower, Donna
Subject:FW: Planning Commission Meeing, 8/25/2025
Follow Up Flag:Follow up
Flag Status:Flagged
Public comment regarding ANX-2025-0001 & RZN-2025-0032.
Zak Tamijani
Planning Technician
Development Services
City of Fayetteville
479-444-3443
fayetteville-ar.gov
From: Jim Becker <bayern.becker1080@gmail.com>
Sent: Sunday, August 24, 2025 4:04 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Planning Commission Meeing, 8/25/2025
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.
Dear Planning Commission,
I am a Fayetteville resident and registered voter. I would like to submit my strong opposition to items 13
and 14 of the agenda for August 25, 2025, regarding the property on Lierly Ln. I do not believe it is in the
best interest of the city to annex the property. I also very strongly oppose rezoning the land to
Neighborhood Conservation. As this would allow builders to put 10 homes per acre on the land, I believe
that would be detrimental to current neighborhoods. This would cause issues with traffic and utilities.
Currently, the city is having issues with water usage during the summer, concerns over waste
management and recycling. Therefore, putting 10 homes per acre, meaning almost 200 homes on this
property, would be too much. I do not see an upside for the city to allow this excessive development on
the land.
--
Jim Becker
3903 W Dahlia Wy, Fayetteville, AR 72704
Additional Information Received
Date Received:
MM/DD/YYYY
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Agenda Item:
Ex. B3, C.4
Civic Clerk Number:
Ex. 2025-994
09/08/2025
Jonathan Curth, Development Services Director
City Clerk's Office
09/09/2025
C.10
2025-1674
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
MEETING DATE: August 11, 2025
SUBJECT: RZN-2025-0032: Rezone (W. LIERLY LN/MOORE, 244 & 283):
Submitted by RMP LLP for property located on W. LIERLY LN. The
property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains
approximately 19.92 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0032 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0032 to the City Council with a recommendation for approval.”
BACKGROUND:
The subject property is located in far west Fayetteville on the south side of W. Lierly Ln. and
abutting W. Violet ST., W. Grouse Rd. and W. Berseis Dr. The property contains two undeveloped
parcels totaling 19.92 acres. A request to annex the subject property into the City of Fayetteville
(ANX-2024-0002) has been submitted concurrently with this application, as all parcels are
annexed into the city limits as R-A, Residential Agricultural. Surrounding land uses and zoning
are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Rural Residential Washington County
South Single-Family Residential RSF-4, Residential Single-Family, 4 Units Per Acre
East Single-Family Residential RSF-4, Residential Single-Family, 4 Units Per Acre
West Single-Family Residential RSF-4, Residential Single-Family, 4 Units Per Acre
Request: The request is to rezone the subject property from R-A, Residential Agricultural to NC,
Neighborhood Conservation.
Public Comment: To date, staff has received one comment in opposition to the request, citing
potential impact to existing views and a desire for the property to remain undeveloped.
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 1 of 15
(UPDATED WITH MEETING RESULTS)
Correction: Subject area does not have frontage along W. Grouse Rd.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: This property has frontage along West Lierly Lane, an unclassified county road,
which is unimproved with gravel paving. In addition, there are three roads that dead
end at the property boundaries (West Berseis Drive, West Violet Street and West
Grouse Road). All three of these are improved residential links with asphalt paving,
curb and gutter, and sidewalk. 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
on the west side of the subject property along West Berseis Drive. In addition,
there are two existing 8-inch water main connections on the east side of the subject
property along West Grouse Street and West Violet Street. There are no known
water capacity issues that would impact this development.
Sewer: Public sewer is available to the subject area. There are two existing 8-inch
connections on the east side of the property along both West Grouse Road and
West Violet Street. There are known wet weather sewer capacity issues identified
in the City’s 2021 Sewer Master Plan that appear in the system approximately
3000 linear feet downstream of this property.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District. No
protected streams or FEMA Floodplain are identified on the subject property. A
portion of the property is encumbered by hydric soils, 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.
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 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 3 miles from the fire station with an anticipated drive time of
approximately 8 minutes using existing streets. The anticipated response time
would be approximately 10.2 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 noted no apparent issues with this request.
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 2 of 15
Tree Preservation:
The proposed zoning district of NC, Neighborhood Conservation, requires 20%
minimum canopy preservation. The current zoning district of RA, Residential
Agricultural, requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as a Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. 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, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 2-4 for
this site with a weighted score of 4 at the highest level. The following elements of the matrix
contribute to the score:
• Near Sewer Main (8-inch main; W. Grouse Rd. and W. Violet St.)
• Near Water Main (8-inch main; W. Grouse Rd., W. Violet St., W. Berseis Dr.)
• Near City Park (Lierly Lane Park)
• Near Paved Trail (Rupple Rd. Side Path)
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 NC,
Neighborhood Conservation to be compatible with the surrounding area.
While NC would permit narrower and smaller lots than zoning currently
allows (40 feet versus 200 feet for single-family dwellings, two-acre lot size
minimum versus none), staff finds that adjacent lots have been platted at or
near the minimum lot width for the RSF-4 zoning district (70 feet), and houses
within the immediate vicinity have generally been constructed within 15’-25’
of the street ROW. This distance is consistent with the build -to-zone
requirement of the proposed NC zoning; as such, staff finds the addition of
a build-to-zone would not result in development patterns which are
incompatible with surrounding neighborhoods. Additionally, the proposed
zoning district currently exists less than 200 feet to the east of the subject
area.
Staff finds that the uses permitted in NC are substantially similar to those
within the adjacent RSF-4 district, with identical by-right uses and only two
additional conditional uses (Use Unit 25: Offices, studios and related
services and Use Unit 36: Center for Collecting Recyclable Materials). Staff
finds that, while R-A has a substantially lower density of one residential unit
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 3 of 15
per two acres, it also permits intense uses such as animal husbandry and
agriculture, including rodeo grounds, animal hospitals, livestock services,
and other farm uses that may be less compatible than the proposed zoning
district given the subject area is surrounded by strictly residential
neighborhoods on three sides. Additionally, the property is within half a mile
of Holt Middle School, Holcomb Elementary School, Gary Hampton Soccer
Complex, trails, and other nonresidential services.
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 highly connected, compact blocks
with gridded street patterns and reduced building setbacks. The NC zoning
district would allow for development between existing subdivisions that
would contribute to city goals to create connected development and to grow
a livable transportation system. While staff finds that developing on the
outskirts of the city has the potential to increase maintenance and other
long-term expenses, in this case, staff finds that infrastructure is readily
available from adjacent neighborhoods to the east and west and that the
subject area is within close proximity to a wide array of city services such
as parks, schools, and trails despite its location at the city’s edge.
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 R-A to NC is justified. Rezoning
to UN would allow for development that is consistent with the City’s planning
objectives and policies, including improved connectivity between existing
subdivisions.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to NC has the potential to increase traffic along
adjacent streets. Staff finds that the property connects to existing streets to
the north, east, and west, likely reducing the impact of future development
onto a single street and creating the potential for improved connectivity
throughout the surrounding. Any street improvements required in these
areas would be determined at the time of 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 RA to NC 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
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 4 of 15
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-2025-0032 to the 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:
o §161.03 – R-A, Residential Agricultural
o §161.29 Neighborhood Conservation
• Project Maps
o One Mile Map
o Close-Up Map
o Current Land Use Map
o Future Land Use Map
• Request Letter
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 5 of 15
X
WERNER
GULLEY
4-2-1 (PAYNE & GARLOCK OPPOSED, MCGETRICK RECUSED)
“I move to forward RZN-2025-0032 to the City Council with a
recommendation for approval.”
Public comment received after packet creation
161.03 District R-A, Residential-Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural
land until an orderly transition to urban development has been accomplished; prevent wasteful
scattering of development in rural areas; obtain economy of public funds in the providing of public
improvements and services of orderly growth; conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
Unit 41 Accessory dwellings
Unit 43 Animal boarding and training
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density.
Units per acre One-half (½)
(D) Bulk and Area Regulations.
Lot width minimum 200 feet
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 6 of 15
(F) Height Requirements. There shall be no maximum height limits in the R-A District,
provided, however, if a building exceeds the height of one (1) story, the portion of the building
over one (1) story shall have an additional setback from any boundary line of an adjacent
residential district. The amount of additional setback for the portion of the building over one (1)
story shall be equal to the difference between the total height of that portion of the building and
one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord.
No. 5195, 11-6-08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17;
Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427
(Sunset 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
RZN-2025-0032 (MOORE)
Page 7 of 15
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
Rear 5 feet
Rear, from center line of an
alley
12 feet
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 8 of 15
(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
RZN-2025-0032 (MOORE)
Page 9 of 15
RUPPLE
RD
RU
P
P
L
E
R
D
HU
G
H
M
O
U
N
T
R
D
SA
L
E
M
R
D
RSF-8
RPZD
R-A
NS-G
NC
RSF-1
P-1
RSF-4
Regional Link
Neighborhood Link
Unclassified
Residential Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0032 W. LIERLY LN N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 10 of 15
Proposed NC
BERSEIS DR
LIERLY LN
GROUSE RD
VIOLET ST
WHISTLE
POST
DRSENECA
A
V
E
TITUS DR
DAHLIA WAY
TANYARD DR
CASSIUS
LN
NC
RSF-4
P-1
Unclassified
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0032 W. LIERLY LN
N
0 160 320 480 64080
Feet
Subject Property
Zone Proposed
NC
RSF-4
20.0
0.0
Total 20.0 ac1:2,700
Current
0.0
0.1
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 11 of 15
H U G H MOUNT
RD
Unclassified
Residential Link
Planned Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2025-0032 W. LIERLY LN N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential
Single-Family Residential
Single-Family Residential
Single-Family Residential
1:3,600
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 12 of 15
City
Neighborhood
Civic and
Private
Open Space
Natural
Residential
Neighborhood
Rural
Residential
RUPPLE
RD
RU
P
P
L
E
R
D
Regional Link
Neighborhood Link
Unclassified
Residential 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-2025-0032 W. LIERLY LN N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 13 of 15
LARRY McCREDY | Attorney
lmccredy@rmp.law
PO Box 1788 | Fayetteville AR 72702
5519 Hackett St. Suite 300 | Springdale AR 72762
T 479 443 2705 | F 479 443 2718
BENTONVILLE | JOHNSON | JONESBORO | LITTLE ROCK
July 10, 2024
City of Fayetteville Planning Commission
113 West Mountain Street
Fayetteville, AR 72701
Re: Rezoning Application for Parcel Number 001-16788-000 & 001-16811-001
To Whom It May Concern:
I represent the owner of parcel numbers 001-16788-000 and 001-16811-001. The owner
has submitted an application to annex the properties into the City of Fayetteville and is
submitting this application for rezoning to accompany the annexation petition.
The owner understands that standard protocol states that newly annexed property is zoned
at R-A, Residential Agricultural. However, the owner would like the properties to be zoned NC,
Neighborhood Conservation, if the annexation is successful. Please see the documents for the
Rezoning Application for parcel numbers 001-16788-000 and 001-16811-001. These documents
include:
• Legal Description of both properties
• Property Owner Authorization
• Statement of Compatibility
Please let me know if there is any additional information needed at this time. I am also
available to discuss this matter if that would be helpful. Thank you for your assistance.
Sincerely,
/s/ Larry McCredy
Larry McCredy
LMC/eil
Reviewed by:
Donna Wonsower, Planner
Development Services
APPROVED
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 14 of 15
Rezoning Statement:
Parcels 001-16788-000 and 001-16811-001 (collectively, the “Property”) are currently not located
within the Fayetteville city limits. Property, however, is the subject of an annexation application
that is being submitted simultaneously with this rezoning application. The Applicant is aware that
annexed property is automatically assigned a zoning district of R-A. It makes this application for
rezoning to be considered as part of the annexation process.
The Applicant desires to rezone the Property to Neighborhood Conservation (NC) zoning district
as part of the annexation process. Rezoning to Neighborhood Conservation zoning district would
be compatible with the surrounding neighboring property for a number of reasons. First, Property
is surrounded on all three sides by RSF-4 zoned property. Just beyond those boundaries are other
residential designations. There is another Neighborhood Conservation district in close proximity
to the Property. Additionally, there are R-A and RSF -1 designations, as well. Neighborhood
Services (NS-G) and Institutional (P-1) districts are also in the vicinity.
Rezoning to Neighborhood Conservation is also consistent with the Future Land Use designation
in Fayetteville’s City Plan 2040 that identifies this area as a Residential Neighborhood Area, which
“encourages highly connected, compact blocks with gridded street patterns and reduced building
setbacks.” A Neighborhood Conservation designation would be consistent with the guiding
policies of this future land use designation. It has reduced setback lines and lower lot width
minimums that are consistent with adopted future land use plan.
Rezoning the Property to Neighborhood Conservation will not adversely affect or conflict with
surrounding land use. Rather, it is consistent with it. Additionally, it is consistent with
Fayetteville’s future land use plan.
Reviewed by:
Donna Wonsower, Planner
Development Services
APPROVED
Planning Commission
August 25, 2025
RZN-2025-0032 (MOORE)
Page 15 of 15
Accotmt #: NWCL50M205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
I13 WMOUNTAIN
FAYETTEVILLE, AR 7270I
Ad number #: 546332
PO #:
Matter of ORD 6914
AFFIDAVIT . STATE OFARKANSAS
I, Maria Hornandez-Lopez , do solemnly swear that I am the Legal Clcrk of the NWA Dcmocret Grzcttc, a daily
ncwspapcr prinrcd and publishcd in WASHINOTON/BENTON couno, Sta& ofARKANSAS; that I was so rclated lo
this publicltion ar ard during th€ publication ofthc anncxcd lcgal advenisement in thc matter of:
oRD 6914
Pending in the coun, in said County, and at the dstes of lhe several publicstions ofssid advenisement stated below, and
thsl during said pedods and at said dates, said newspaper was printed and had a bona lide circulation in said County,
that said newspaper had bcen regularly printed and published in said county, and had a bona fide circuletion therein for
thc period ofonc month bcforc the date ofthe first publication ofsaid advertiscmcnq and that said advertis€mcnt was
published in the regular daily issues ofsaid newspaper as statcd bclow.
And that there is due or has been paid the NWA Democrst Gaz€tte for publication the sum of $85.l2
lncludes $0.00 Aflidavit Charge).
NryA Democral Goz"lre I0/12/25; NWA nwaonlinc.com l0/12/25
Legal Cler
Stste ofARKANSAS, Counlv of Sebastian
SubscriM and swom !o b€forc mc on this llth day of Odober, 2025
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