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HomeMy WebLinkAboutOrdinance 6916113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6916 File Number: 2025-1770 1111111111111111111111111111111111111 TYPE: LAND RE -CORDS FEE: $25.00 1 OF 3 REC: 10..23�2025 02:16PM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER. CIRCUIT CLERK FILE NO:2025-29510 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-37 FOR APPROXIMATELY 0.29 ACRES LOCATED AT 902 AND 908 WEST HUGHES STREET IN WARD 2 FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE 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 RMF-40, Residential Multi -Family, 40 Units per Acre 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: /✓i//�/A/la I Gam-""' ' ` Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $88.16 Page 1 fW RZN-2025-0037 902 & 908 W. HUGHES ST Close Up View Lu HAZEL- ST - --_ c-z Z Q N °Y NT IU �Q w �� I CS Q �RMF-24f �, ITV W m J CO��OG 11 h N � I w z016 Ojp Subject Property Neighborhood Link Regional Link - High Activity Alley Residential Link Planning Area Fayetteville City Limits W Lu a a w w w J,00 rIN-RSM> HUGHES ST y -q�� I a W Q G Z J Y Q O I Feet 0 75 150 300 450 600 1:2,400 RZN-2025-0037 EXHIBIT 'A' C-t R-O Zone Current Proposed RW 0.0 0.3 RMF-40 0.3 0.0 Total 0.3 ac rBA%rlr �wal Y� Engineers •Surveyors 7230 S Pleasant Ridge Dr 1 Fayetteville, AR 72704 PH: (479) 442-93501 batesnwa.com COMBINED PARCELS #765-10325-000 & #765-10325-001: RZN-2025-0037 EXHIBITS' LOTS 7 AND 8, BLOCK 2, ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE , WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WEST HUGHES STREET MARKING THE SOUTHEAST CORNER OF SAID LOT 8 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N87005'52"W 112.4 F, THENCE LEAVING SAID RIGHT-OF-WAY N03004'07"E 111.97', THENCE S86°50'37"E 113.16' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF NORTH STORER AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S03027'23"W 11 IAA TO THE POINT OF BEGINNING, CONTAINING 0.29 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH STORER AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. WASHINGTON COUNTY, AR ICERTIFYTHIS IN STRUMENT WAS FILED ON 10 23?2025 02:16PM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-29510 KYLE SYLVESTER, CIRCUIT CLERK Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-1770 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-2025-0037: Rezoning (902 & 908 W HUGHES ST/MARKS REVOCABLE TRUST, 444): Submitted by BATES AND ASSOCIATES for property located at 902 & 908 W. HUGHES ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE and contains approximately 0.29 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 consists of two parcels (0.29 acres) located about 800 feet southeast of the intersection of N. Garland Ave. and W. North St. directly on the northwest corner of N. Storer Ave. and W. Hughes Ave. The property is zoned RMF-40, Residential Multi-Family, 40 Units per Acre. The parcels were previously developed with a single-family home that was demolished in 2024. No zoning overlay districts or master planning areas apply to the parcel. Request: The request is to rezone the subject property from RMF-40, Residential Multi-Family, 40 Units per Acre to RI-U, Residential Intermediate-Urban. Public Comment: Staff has not received any comments at this time. Land Use Compatibility: The subject property is adjacent to multifamily dwellings to the west and south, and a mix of attached and detached residential units to the east. Nonresidential services are present on the north side of W. North Street, and the subject area is just over 1,000 feet northeast of the University of Arkansas’ main campus. Staff finds the proposed zoning district compatible with surrounding uses; RI-U permits a mix of low-intensity residential types, including up to four-unit buildings, with a minimum lot width of 18 feet. Given the density of surrounding residential uses and mix of existing housing types, staff finds that the uses permitted in RI-U align with the surrounding neighborhoods. RI-U permits missing middle housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Additionally, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Map designation as City Neighborhood Area. The RI-U zoning district would shift Use Unit 26: Multifamily Dwellings to a conditional use but would remove density maximums and permit smaller lot sizes, which staff finds to be consistent with the surrounding area. The property has a relatively high infill score of 11, indicating it is a suitable location for infill development. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 11 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 2, 138 W. North St.) 2. Near Water Main (6-inch main, Storer Ave.) 3. Near Sewer Main (8-inch main, Hughes St.) 4. Near Grocery Store (Harps) 5. Near Public School (Leverett Elementary) 6. Near University of Arkansas 7. Near City Park (Scull Creek Trail Corridor) 8. Near Paved Trail (Razorback Greenway) 9. Near Razorback Bus Stop (South Creekside) 10 Appropriate Future Land Use 11. 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 Garlock motioned and Commissioner Madden seconded. No members of the public spoke at the meeting and there was no discussion. BUDGET/STAFF IMPACT: NA 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 #: 2025-1770 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-37 FOR APPROXIMATELY 0.29 ACRES LOCATED AT 902 AND 908 WEST HUGHES STREET IN WARD 2 FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE 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 RMF-40, Residential Multi-Family, 40 Units per Acre 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 -$ -$ 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 2025-1770 Item ID 10/7/2025 City Council Meeting Date - Agenda Item Only RZN-2025-0037: Rezoning (902 & 908 W HUGHES ST/MARKS REVOCABLE TRUST, 444): Submitted by BATES AND ASSOCIATES for property located at 902 & 908 W. HUGHES ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.29 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: Donna Wonsower, Senior Planner MEETING DATE: September 8, 2025 SUBJECT: RZN-2025-0037: Rezoning (902 & 908 W HUGHES ST/MARKS REVOCABLE TRUST, 444): Submitted by BATES AND ASSOCIATES for property located at 902 & 908 W. HUGHES ST. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.29 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE- URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0037 to the City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0037 to the City Council with a recommendation of approval.” BACKGROUND: The subject property is comprised of two parcels (0.29 acres) located about 800 feet southeast of the intersection of N. Garland Ave. and W. North St. directly on the northwest corner of N. Storer Ave. and W. Hughes Ave The property is zoned RMF-40, Residential Multi-Family, 40 Units per Acre. The parcels was previously developed with a single-family home which was demolished in 2024. No zoning overlay districts or master planning areas apply to the parcel. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Multifamily Residential (Under Construction) RMF-40, Residential Multi-Family, 40 Units per Acre South Multifamily Residential RMF-40, Residential Multi-Family, 40 Units per Acre East Two-Family Residential RMF-40, Residential Multi-Family, 40 Units per Acre West Two-Family Residential RMF-40, Residential Multi-Family, 40 Units per Acre Request: The request is to rezone the subject property from RMF-40, Residential Multi-Family, 40 Units per Acre to RI-U, Residential Intermediate-Urban. Public Comment: Staff has not received any comments at this time. Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 1 of 16 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property has frontage along W. Hughes Street and N. Storer Avenue, both residential links, which are 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 6-inch water main on the east side of the subject property along the west of N. Storer Avenue. Sewer: Sanitary sewer is available to the subject property. There is an existing 8-inch sewer main on the south side of the subject property along the south of W. Hughes Street. 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 property lies within a FEMA floodplain or the Hillside Hilltop Overlay District. No protected streams or hydric soils are present on site. Any improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 2, located at 138 W. North St., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. 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, RMF-40, Residential Multifamily, 40 Units per Acre, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. 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. Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 2 of 16 CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 11 for this site with a weighted score of 15. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 2, 138 W. North St.) • Near Water Main (6-inch main, Storer Ave.) • Near Sewer Main (8-inch main, Hughes St.) • Near Grocery Store (Harps) • Near Public School (Leverett Elementary) • Near University of Arkansas • Near City Park (Scull Creek Trail Corridor) • Near Paved Trail (Razorback Greenway) • Near Razorback Bus Stop (South Creekside) • Appropriate Future Land Use • 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: The subject property is surrounded by multifamily dwellings to the east, west, and south, with smaller two- to four-family units scattered throughout. Extensive nonresidential services are present on the north side of W. North Street, and the subject area is approximately just over 1,000 feet northeast of the University of Arkansas’ main campus. Staff finds the proposed RI-U rezoning compatible with surrounding uses. RI-U permits a mix of low-intensity residential types, including up to four-unit buildings, with a minimum lot width of 18 feet. Given the density of surrounding residential uses and mix of existing housing types, staff finds that the uses permitted in RI-U align with the surrounding neighborhoods. RI-U permits missing middle housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Additionally, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as City Neighborhood Area. The RI-U zoning district would shift Use Unit 26: Multifamily Dwellings to a conditional use permit but would remove density maximums and permit smaller lot sizes, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 11 with a weighted score of 15, indicating it is a suitable location for infill development. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has stated that they have requested this rezoning to create permit the subdivision of smaller lots within a proposed townhome development. Staff finds that the parcel could be developed with up to 11 Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 3 of 16 dwelling units by right under the existing zoning. A rezoning to RI-U would likely permit a similar number of units in a missing middle style which subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town with a relatively high concentration of services, amenities, and employment opportunities. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U is not likely to create or appreciably increase traffic danger and congestion since the subject property is relatively small and already permits a high density under the existing zoning regulations. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RMF-40 to RI-U has the potential to alter the population density when considering that RI-U has no set density limitation. However, given the presence of existing public infrastructure, existing density allowances, the small size of the property, and proximity to nonresidential services such as grocery stores, schools, and commercial establishments, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. While 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, the small size of the property is also likely to naturally limit the development capacity of the parcel. Any street improvements required in this area would be determined at the time of development proposal. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0037 to the City Council with a recommendation of approval. Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 4 of 16 PLANNING COMMISSION ACTION: Required YES Date: September 8, 2025 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.12 District RI-U Residential Intermediate-Urban o §161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre • Project Maps • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map • Request Letter Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 5 of 16 X “I move to forward RZN-2025-0037 to the City Council with a recommendation of approval.” MADDEN 8-0-0 GARLOCK 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 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 6 of 16 * 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) Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repea l and termination section. Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 7 of 16 161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two (2) family 30 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 8 of 16 Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two (2) family 3,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 9 of 16 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §7(Exh. F), 5-2-23) Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repea l and termination section. • Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 10 of 16 CLEVEL AND ST GARLAND AV E GA R L A N D A V E SYCAMORE ST NORTH STGARLAND AVE LEVERETT AVE WEDINGTONDR MAPLE ST GARLAND AVE GR E G G A V E RA Z O R B A C K RD RSF-4 P-1 RMF-24 RMF-40 C-2 I-1 C-1 R-O NCDG CS RSF-18 Regional Link Neighborhood Link Institutional Master Plan 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-2025-0037 902 & 908 W. HUGHES ST N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 11 of 16 Proposed RI-U M O U N T C O M F O R T R D OA K L A N D A V E MO U N T CO M F O R T R D LE V E R E T T A V E OA K L A N D A V E LI N D E L L A V E HAZEL ST BERRY ST ST O R E R A V E HUGHES ST LI N D E L L A V E ALLEY 848 AL L E Y 9 2 1 AL L E Y 1 0 4 8 AL L E Y 97 0 N ORTH ST RMF-40 C-2 C-1 R-O RMF-24CS Neighborhood Link Regional Link - High Activity Alley Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0037 902 & 908 W. HUGHES ST N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RMF-40 0.3 0.0 Total 0.3 ac1:2,400 Current 0.0 0.3 Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 12 of 16 OA K L A N D A V E LEVERETT AVE MOUNTCOMFORTRD GA R L A N D A V E GARLAND AV E NORTH STWEDINGTON DR Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0037 902 & 908 W. HUGHES ST N 0 225 450 675 900112.5 Feet Subject Property Commercial Multi-Family Residential Multi-Family Residential Single-Family Residential and Multi-Family Residential 1:3,600 Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 13 of 16 City Neighborhood Civic and Private Open Space Non-Municipal Government Residential Neighborhood GARL A N D AVE NORTH ST SYCAMORE ST GARLAND AV E WEDINGTON DR MAPLE ST GARLAND AVE GARLAND AVE GREGGAVE RA Z O R B A C K RD Regional Link Neighborhood Link Institutional Master Plan 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-2025-0037 902 & 908 W. HUGHES ST N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 14 of 16 July 29th, 2025 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Hughes Development Rezoning Dear Planning Staff, Bates & Associates, Inc., on behalf of Andrew Glen Revocable Trust And Marks, Karen Hammack Revocable Trust, has applied for a rezoning in Fayetteville. The location of the proposed rezoning is NW of the corner of W Hughes Street and North Storer Avenue (Washington County Parcels 765-10325-001, & 765-10325-000). The total acreage of the development is 0.29 acres. The current zoning district is currently RMF-40 with the request to rezone to RI-U. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. Geoffrey Bates President of Engineering Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 15 of 16 July 29th, 2025 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Hughes Development Rezoning Dear Planning Staff, The existing adjacent properties are currently zoned as RMF-40 and RMF-24. We are proposing the rezone from RMF-40 to RI-U which meets the adjacent land use. The exhibit on the next page is depicting the existing zoning as well as the neighboring properties. The proposed request for the rezone will not adversely affect the surrounding land use due to the request matching the adjacent properties current urban usage. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. Geoffrey Bates President of Engineering Planning Commission September 8, 2025 RZN-2025-0037 (MARKS REVOCABLE TRUST) Page 16 of 16 RECEIVED qcT 212025 CITY OF FA} ETI CITY cLsa< soAccount #: Company: Ad number #: PO #: Matter of: NWCL5004205 CITY OF FAYETTEVILLE-CLERKS OFFI 113 WMOUNTAIN FAYETTEVILLE, AR 7270I 546340 oRD 6916 AFFIDAVIT ' S'I A'TI.) OFAR(ANSAS I, Maria Hernandez-Lopez , do solemnly swea, Urat I am the Legal Clerk ofthc NwA DcDo.rot Grzcttc, a daily ncwspapcr printcd aod published in WASHINGTON/BENTON county, State ofARKANSAS; that I was so relaled to this publication at and during the publication ofthe annexed legal advenisement in the matter of: oRD 6916 Pending in the court, in said County, and at the dates ofthe several publications ofsaid advertiscment stated below, and that during said periods and al said dates, said newspaper was printed and had a bona fidc circulation in said County, tlat said newspaper had been regularly printed and published in said county, and had a bona fide circulstion thcrcin for the pGriod ofonc month bclbre rhe date ol the tirst publicarion ofsaid advenisemenq and that said advertis€,rnent was publishcd in the rcgular daily issues ofsaid ncwspapsr as statcd bclow. And that there is due or has been paid the NWA Democrat Grzette for publication the sum of$88.16 lncludes $0.00 Affidavit Charge). NllA Democrat Gaze e 10/12/25; NWA nwaonline.com 10/12/25 Legal Clerk State ofARKANSAS, (iounly of ^.": rsll,*Y*,2 1*5n3'.?-fl.q? zr;r,' Sebastian Subscribed and swom to before me on this l3th day of October,2025 NO UBLIC filoIumb.r: m25-1770 AN OFDII{ANCE IO FE2OIIE IHE PBOPERTY OE5{iI8EO II ffzoIrlrc PETmoil ur{ 2025, 17 f{B APPAOXXATELY 0,29 lcBEs LoclIto lt 902 llto 90! f,EST IUGTCS SrnEtT lll f,aAD 2 F80t 8IF-a0. BES|. oElItlL lluLTtF llttY a0 u[ns PEn AcSt ro i ]J, ntst, OEIJI]AT ,ITIATEI}IAIT,UNB^T BE IT OflDAII{EO BY TIjT OTY coullctL 0F THE cm 0f fAYf TTEYILII, ASXANSAS: S.clDn1ThflnxCrCoun- cr ol m. Cllr ot t.y.n.v|ll,, Afirn$a har,by ch.nc6 th. om ct.&trcrton ol in. !r@ lrlr sho*i m !l lna9 Gfi!{ A)lnd 6.l.idd.cnptE'(Er. hlb Sl h.rh .h.h.r! r. rn. PlmnriC lhp.rtmlnlt &.nd! tt6mo tr! n Fltf-lo, n r'denli.l Lu ti-F ly. 40 Undr p.. 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