HomeMy WebLinkAboutOrdinance 6915 (2)113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6915
File Number: 2025-1767
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TYPE; LAND RECORDS FEE: $25,00 1 OF 3
REC; 10;22 2025 08:02AM I J. CREASON
KIND; ORDINANCE
WASHINGTON COUNTY, AR
KYLE SYLVESTER. CIRCUIT CLERK
FILE NO:2025-29258
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-38
FOR APPROXIMATELY 0.20 ACRES LOCATED AT 338 SOUTH COMBS AVENUE IN WARD 1 FROM
NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on October 7, 2025
Approved: Attest:
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
RZN-2025-0038
Close Up View
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Design Overlay District 0 75 150 300 450 600
1� Planning Area A00
Fayetteville City Limits .Zr4
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Zone Current Proposed
NC 0.2 0.0
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Lot 9, in Block 4, Combs Addition to the City of Fayetteville, Washington County, Arkansas, as
designated upon the recorded plat on file in the office of the Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas.
WASHINGTON COUNTY, AR
ICERTIFYTHIS IN STRUMENT WAS FILED ON
10 22?2025 08:02AM
AND RECORDED IN REAL ESTATE
FILE NUMBER 2025-29258
KYLE SYLVESTER, CIRCUIT CLERK
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6915
File Number: 2025-1767
iiiiiiiiiiiiiiiiiiiiiillillillillI
TYPE; LAND RECORDS FEE: $25,00 1 OF 3
REC; 10;22 2025 08:02AM I J. CREASON
KIND; ORDINANCE
WASHINGTON COUNTY, AR
KYLE SYLVESTER. CIRCUIT CLERK
FILE NO:2025-29258
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-38
FOR APPROXIMATELY 0.20 ACRES LOCATED AT 338 SOUTH COMBS AVENUE IN WARD 1 FROM
NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on October 7, 2025
Approved: Attest:
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
RZN-2025-0038
Close Up View
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338 S. COMBS AVE
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Neighborhood Link
Urban Center
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Alley
Residential Link
Feet
Hillside -Hilltop Overlay District
Design Overlay District 0 75 150 300 450 600
1� Planning Area A00
Fayetteville City Limits .Zr4
IVuni n
Zone Current Proposed
NC 0.2 0.0
RW 0.0 0.2
Total 0.2 ac
Lot 9, in Block 4, Combs Addition to the City of Fayetteville, Washington County, Arkansas, as
designated upon the recorded plat on file in the office of the Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas.
WASHINGTON COUNTY, AR
ICERTIFYTHIS IN STRUMENT WAS FILED ON
10 22?2025 08:02AM
AND RECORDED IN REAL ESTATE
FILE NUMBER 2025-29258
KYLE SYLVESTER, CIRCUIT CLERK
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6915
File Number: 2025-1767
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-38
FOR APPROXIMATELY 0.20 ACRES LOCATED AT 338 SOUTH COMBS AVENUE IN WARD 1 FROM
NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department’s Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 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
Proposed
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Neighborhood Link
Urban Center
Unclassified
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Residential Link
Hillside-Hilltop Overlay District
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0038 338 S. COMBS AVE
N
0 150 300 450 60075
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Subject Property
Zone Proposed
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Total 0.2 ac1:2,400
Current
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Lot 9, in Block 4, Combs Addition to the City of Fayetteville, Washington County, Arkansas, as
designated upon the recorded plat on file in the office of the Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1767
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: Wesley Frank, Planner
SUBJECT: RZN-2025-0038: Rezoning (338 S. COMBS AVE/BATES, 524): Submitted by WESLEY
BATES for property located at 338 S. COMBS AVE in WARD 1. The property is zoned
NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The
request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is in central Fayetteville about 300 feet south of S. Combs Avenue's intersection with E.
Huntsville Road. The property is zoned NC, Neighborhood Conservation and overall contains approximately
0.20 acres. Development on the site is limited to a single-family home that was built in 1930, with the lot also
having access to South Willow Avenue to the southeast. The property is not located in an overlay district but is
in the Walker Park Master Plan area.
Request: The request is to rezone the property from NC, Neighborhood Conservation, to RI-U, Residential
Intermediate-Urban.
Public Comment: Staff has received one comment in support of the rezoning citing development opportunities.
Land Use Compatibility: Staff finds the requested rezoning generally compatible with surrounding land use but
inconsistent with existing zoning patterns. The City’s comprehensive plan supports increased density where
services exist, but only when it aligns with community character. The subject property lies within the Walker
Park Neighborhood Master Plan, which supports high-density infill of single-family housing. While RI-U zoning
allows single-family use consistent with the plan, its broader by-right and conditional residential and
commercial uses conflict with the plan’s intent and neighborhood character. The plan designates areas like
Southgate Commercial Center, School & 15th, Jefferson Square, and Huntsville Road for commercial growth—
not the subject site. Nearby DG zoning along E. Huntsville Road supports diverse housing and commercial
uses consistent with the plan, unlike RI-U in this location, which could undermine the plan’s goals. However,
RI-U aligns with the plan’s call for smaller lots and more sustainable development patterns, allowing 18-foot lot
widths versus NC’s 40-foot minimum. The site’s current through-lot condition, discouraged by the plan, could
be addressed through rear development enabled by rezoning. Both RI-U and NC share similar development
standards, including height limits (three stories), build-to zones, and 5-foot side and rear setbacks. Although
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
RI-U zoning conflicts with elements of the Walker Park Master Plan, staff supports the rezoning based on the
balance of considerations.
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. These areas are intended to support a wide variety
of housing types in walkable, urban neighborhoods. The RI-U zoning district would allow for a mixture of
residential densities that are urban form, which supports walkability in the area. The proposed zoning is
compatible with the surrounding NC zoning district in terms of requiring a build-to-zone; and is compatible with
existing buildings that are located nearby. However, where the subject property is located, as noted above,
would not fully acknowledge the Walker Park Neighborhood Master Plan as this location is not intended for
zoning districts that allow for diverse housing types. The location is intended to be primarily single-family,
which is at odds with the proposed zoning. That said, RI-U does fulfill a goal of the plan that includes smaller
lot sizes to allow for a sustainable development pattern. The property has a high infill score of 9, which
indicates that it is a suitable location for infill. It is also located within a third of a mile of a Tier 1 center, which
advocates for a mixture of uses, both commercial and residential. Staff finds that the requested rezoning could
allow for the creation of missing middle housing and meets City Goals 1 (appropriate infill), 3 (compact,
complete, and connected development), and 6 (opportunities for attainable housing).
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:
• 4 Minute Fire Response (Station 1, located at 303 W. Center St.)
• Near Sewer Main (12-inch main Combs Avenue; 6-inch main South Willow Avenue.)
• Near Water Main (4-inch main S. Combs Avenue; 2-inch main S. Willow Avenue.)
• Near City Park (Ralph “Buddy” Hayes Park )
• Near Paved Trail (Willow Avenue Trail; Side Path Trail)
• Near ORT Bus Stop (Willow & Huntsville)
• Near Razorback Bus Stop (MLK BLVD & Willow)
• Walker Park Master Plan
• Sufficient Intersection Density
DISCUSSION:
At the September 8, 2025 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Werner motioned and Commissioner Payne seconded. A
member of the public spoke in support of the item at the meeting. There was no discussion among the
Commissioners.
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 #: 2025-1767
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-38 FOR APPROXIMATELY 0.20 ACRES LOCATED AT 338 SOUTH COMBS
AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U,
RESIDENTIAL INTERMEDIATE-URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from NC, Neighborhood Conservation to RI-U,
Residential Intermediate-Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
9/19/2025
Submitted Date
No
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-$
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
2025-1767
Item ID
10/7/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0038: Rezoning (338 S. COMBS AVE/BATES, 524): Submitted by WESLEY BATES for property located at
338 S. COMBS AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN.
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: September 8, 2025
SUBJECT: RZN-2025-0038: Rezoning (338 S. COMBS AVE/BATES, 524):
Submitted by WESLEY BATES for property located at 338 S. COMBS AVE.
The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.20 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE-URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0038 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0038 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in central Fayetteville about 320 feet south of the S. Combs Avenue and
E. Huntsville Road intersection. The property is zoned NC, Neighborhood Conservation and
overall contains approximately 0.20 acres. The property is developed with a single-family home
that was built in 1930; the property is not located in an overlay district but is in the Walker Park
Master Plan area. Surrounding land uses and zoning are depicted below in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped NC, Neighborhood Conservation
South Single-Family Residential NC, Neighborhood Conservation
East Single-Family Residential NC, Neighborhood Conservation
West Single-Family Residential NC, Neighborhood Conservation
Request: The request is to rezone the property from NC, Neighborhood Conservation, to RI-U,
Residential Intermediate-Urban.
Public Comment: Staff has received one comment in support of the rezoning citing development
opportunities.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The property’s frontage along S. Combs Avenue and S. Willow Avenue,
Residential Links, is partially improved with sidewalk and asphalt paving. Any
street improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject property. There is an existing 4-inch water
main on the north-west side of the subject property along the south-east of S.
Combs Avenue. In addition, there is an existing 2-inch water main on the south-
east side of the subject property along the north-west side of S. Willow Avenue.
Sewer: Sanitary Sewer is available to the subject property. There are two existing 12-inch
sewer main on the north-west side of the subject property along the north-west of
S. Combs Avenue. In addition, there is a 6-inch sewer main on the south-east side
of the subject property along the north-west side of S. Willow Avenue.
There are known wet weather sewer capacity issues identified in the City’s 2021
Sewer Master Plan that appear in the system approximately 400 linear feet
downstream of this property
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams or hydric soils are
present. Any improvements or requirements for drainage would be determined at
the time of development submittal.
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 .9 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 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, RI-U, Residential Intermediate-Urban, requires 15%
minimum canopy preservation. The current zoning district, NC, Neighborhood
Conservation, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood. The property is also
located within the Walker Park Neighborhood Master Plan area.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 2 of 20
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.
The Walker Park Neighborhood Master Plan was the city’s first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
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:
• 4 Minute Fire Response (Station 1, located at 303 W. Center St.)
• Near Sewer Main (12-inch main Combs Avenue; 6-inch main South Willow Avenue.)
• Near Water Main (4-inch main S. Combs Avenue; 2-inch main S. Willow Avenue.)
• Near City Park (Ralph “Buddy” Hayes Park )
• Near Paved Trail (Willow Avenue Trail; Side Path Trail)
• Near ORT Bus Stop (Willow & Huntsville)
• Near Razorback Bus Stop (MLK BLVD & Willow)
• Walker Park Master Plan
• Sufficient Intersection Density
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 requested rezoning to be generally
compatible with surrounding land use but is inconsistent with zoning
patterns. The City’s comprehensive plan acknowledges the value of
increasing density in locations where City services and utilities already exist,
but only where it “reflects the existing community character.” The subject
property is located in the Walker Park Neighborhood Master Plan area, which
recommends appropriate infill of single-family residential units with high-
density. The potential in RI-U does allow for single-family in the interior of
the neighborhood, which would be in keeping with the master plan and
established character. However, the additional by-right and conditional
residential and commercials allowances in RI-U would not be upholding the
intent of the plan nor established character. Allowing businesses to be
located by-right in the middle of this residential block, could result in
compromising the integrity of the Walker Park Neighborhood Plan goals. The
plan notes Southgate Commercial Center, the intersection of School & 15th,
Jefferson Square, and along Huntsville Road as intended places to grow
commercial nodes and streets. The DG zoning to the north along E.
Huntsville Road allows for commercial and diverse housing uses (two-,
three-, and four-family), adhering to the goals of the plan. Allowing a zoning
district with more allowances in an area that was not intended for variety
could hurt the intent of the master plan area.
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 3 of 20
But the lot standards in RI-U would be in keeping with that same plan. The
plan recommends smaller lot sizes in the area as it would allow for a more
sustainable pattern of development. RI-U would allow for smaller lot sizes
with an 18-foot lot width compared to NC’s 40-foot requirement. The subject
property is also in non-compliance as it is a through-lot, which is
discouraged as this design impacts the public’s visual and physical
interaction with the development here. A rezoning could allow for
development in the rear of the property, which would eliminate this
nonconformity. Both zoning types are comparable as both do allow for a
maximum height of three stories for housing uses. Another similarity would
be that both require a build-to-zone requirement, ensuring that the urban
form fabric of the area is maintained. The setback requirements for this
subject property would also remain the same as both would require 5-foot
side and rear setbacks. The proposed zoning is generally incompatible with
the Walker Park Neighborhood Master Plan, but on the balance of
considerations, staff is in support of this rezoning request.
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. These areas are intended to support a wide variety of
housing types in walkable urban neighborhoods. The RI-U zoning district
would allow for a mixture of residential densities that are urban form, which
supports walkability in the area. The proposed zoning is compatible with the
surrounding NC zoning district in terms of requiring a build-to-zone; and is
compatible with existing buildings that are located nearby. However, where
the subject property is located, as noted above, would not comply to the
Walker Park Neighborhood Master Plan as this location is not intended for
zoning districts that allow for diverse housing types. The location is intended
to be primarily single-family, which is at odds with the proposed zoning. But,
RI-U does fulfill one goal of the plan that includes smaller lot sizes to allow
for a sustainable development pattern. The property has a high infill score
of 9, which indicates that it is a suitable location for infill. It is also located
within a third of a mile of a Tier 1 center, which advocates for a mixture of
uses, both commercial and residential. Staff finds that the requested
rezoning could allow for the creation of missing middle housing and meets
City Goals 1 (appropriate infill), 3 (compact, complete, and connected
development), and 6 (opportunities for attainable housing).
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 for rezoning the subject
property from NC to RI-U since the rezoning would be consistent with the
property’s future land use designation and supports several goals of City
Plan 2040.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from NC to RI-U could increase traffic in the area as the
allowances in RI-U allow for more development with no density maximums
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 4 of 20
and smaller lot widths. Given the small property which would prevent
substantial development, Staff does not anticipate a noticeable increase in
traffic as a result of the rezoning.
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 slightly alter the population
density since it would allow for more intense residential development.
However, the property currently has access to public streets, water, and
sewers, and any necessary improvements 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:
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-2025-0038 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: September 8, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.29 Neighborhood Conservation
o §161.12 District RI-U, Residential Intermediate - Urban
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 5 of 20
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
• Request Letter
• Public Comment
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 6 of 20
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
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 7 of 20
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)
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 8 of 20
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster housing development
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit
12a
Limited business
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front Side
Other
Uses
Side
Single &
Two (2)
Family
Rear
Other
Uses
Rear,
from
centerline
of an
alley
A build-to zone that is
located between the
front property, line
and a line 25 feet
from the front property
line.
None 5 feet 5 feet 12 feet
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 9 of 20
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or
any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions
of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum
height of three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 10 of 20
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
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 11 of 20
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)
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 12 of 20
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the dev elopment of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster housing development
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit
12a
Limited business
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front Side
Other
Uses
Side
Single &
Two (2)
Family
Rear
Other
Uses
Rear,
from
centerline
of an
alley
A build-to zone that is
located between the
front property, line
and a line 25 feet
from the front property
line.
None 5 feet 5 feet 12 feet
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 13 of 20
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or
any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions
of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum
height of three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 14 of 20
H
U
N
T
S
V
I
L
L
E
R
D
MORNINGSIDE
DR
DICKSON ST
SCHOOL
AVE
ROCK
ST
MARTIN LUTHER
KING JR BLVD
CO
L
L
E
G
E
A
V
E
N E L S ON H A C KETT B L V D
HUNTSVILLE RD
MI
L
L
AV
E
R-O
RSF-4
RMF-24
R-A
RSF-8
MSC
DC
RPZD
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-2025-0038 338 S. COMBS AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 15 of 20
Proposed
RI-U
WO
O
D
A
V
E
CO
L
L
E
G
E
A
V
E
BAR
T
O
N
A
V
E
4TH
ST
SOUTH ST
A
L
L
E
Y
39
9
WIL
L
O
W
A
V
E
4TH ST
WALKER RD
AL
L
E
Y
1
1
9
ALLEY
267
WASHINGTON
AVE
CO
M
B
S
A
V
E
H
U
N
T
S
V
I
L
L
E
R
D
MI
L
L
A
V
E
MARTIN LUTHER
KING JR BLVD
RMF-24
R-O
RSF-8
NC
DG
RSF-18
RI-U
UN
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Hillside-Hilltop Overlay District
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0038 338 S. COMBS AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NC
RI-U
0.0
0.2
Total 0.2 ac1:2,400
Current
0.2
0.0
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 16 of 20
CO
L
L
E
G
E
A
V
E
7TH ST
WOOD AVE
H
U
N
T
S
V
I
L
L
E
R
D
ROCK ST
CO
L
L
E
G
E
AV
E
MI
L
L
A
V
E
MARTIN LUTHER
KING JR BLVD
N E L S O N
H A C K E T T B L V D
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2025-0038 338 S. COMBS AVE N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential and
Multi-Family Residential
Single-Family Residential and
Multi-Family Residential
Single-Family
Residential
Single-Family Residential and
Multi-Family Residential
1:3,600
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 17 of 20
City
NeighborhoodCivic and
Private
Open Space
Residential
Neighborhood
H
U
N
T
S
VIL
L
E
R
D
MO
R
N
I
N
G
S
I
D
E
D
R
DICKSON ST
SCH
O
O
L
A
V
E
ROCK
ST
MARTIN LUTHER
KING JR BLVD
COLLEGE
AVE
N E LSON H A CKET T B L V D
HUNTSVILLE RD
MI
L
L
AV
E
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-2025-0038 338 S. COMBS AVE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 18 of 20
To the Planning Commission and City Staff,
I am writing to respectfully request the rezoning of the property located at 338 S Combs
Avenue from Neighborhood Conservation (NC) to Residential Intermediate-Urban (RI-U).
This property is located in a walkable, centrally located neighborhood that is well positioned to
support gentle residential infill. The existing NC zoning is overly restrictive and limits the ability
to make use of the lot in a way that reflects both the historic development pattern and the City’s
current goals for sustainable, context-appropriate growth.
Rezoning to RI-U would allow for modestly increased density while preserving the residential
scale and character of the area. It would open the door for more flexible housing options—such
as duplexes or small footprint homes—helping meet the growing demand for attainable housing
near the urban core.
Statement of Compatibility:
The proposed RI-U zoning is compatible with the surrounding neighborhood and aligns with the
development pattern already emerging in nearby areas. Several properties within a few blocks
have already been rezoned or redeveloped to support a greater mix of housing types. RI-U
zoning maintains a residential form while allowing for more efficient land use and increased
housing diversity. This request is in line with the goals of City Plan 2040, including increased
housing choice, infill development, and enhanced walkability.
Thank you for your consideration. We believe this rezoning is a thoughtful and appropriate step
toward ensuring that neighborhoods like this one can grow in a sustainable, inclusive, and
responsive manner.
Sincerely,
Wesley Bates
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 19 of 20
Planning Commission
September 8, 2025
RZN-2025-0038 (BATES)
Page 20 of 20
N\A RECEIVED
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Company:
Ad number #:
PO #:
Matter of:
NWCL5004205
CITY OF FAYETTEVILLE.CLERKS OFFI
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FAYETTEVILLE, AR72701
s46335
oRD 6915
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AFFIDAVIT ' STATE OFARKAI{SAS
do solemnly swear that I am the l,egal Clerk ofthe NWA lrcEocrat Gszrttc, a daily
ncwspsper pdntcd and publishcd in WASHINGTONtsENTON county, Statc ofARKANSAS; that I was so rclated to
this publication at and durjng the publication ofthe annexed legal advertisement in the mancr of:
oRD 6915
Pcnding in the couG in s8id County, srd at the dates ofthe seversl publications ofsaid advertisement stated below, and
that during said p€riods and at said dates, said newspaper was printed and had a bona fide circulstion in said County,
that said newspaper had becn regularly prinkd and published in said county, and had a bona fide circulation therein for
thc pcriod ofone month bcforc thc dstc of the firsr publicstion of said advcrtiscmenq and thar said advcnirmolt was
published in fte regular daily issues ofsaid newspaps as stsled below.
And that there is due or has been paid the NWA Democrgt Gszctte for publication the sum of $85.12
lncludes $0.00 Affidavit Charge).
NllA Democra! Gozetle l0/l?,/25; NWA nwaonline.com lo/l2ns
Legal Clerk
Stale ofARKANSAS, County of Sebastian
Subscribod and sxom !o before me on this l3th day of October,2025
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