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
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RZN-2025-0037 902 & 908 W. HUGHES ST
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RZN-2025-0037
EXHIBIT 'A'
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Zone Current Proposed
RW 0.0 0.3
RMF-40 0.3 0.0
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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
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SYCAMORE ST
NORTH STGARLAND
AVE
LEVERETT
AVE
WEDINGTONDR
MAPLE ST
GARLAND
AVE
GR
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A
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RA
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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
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C
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OA
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BERRY ST
ST
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LI
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ALLEY
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N ORTH ST
RMF-40
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C-1
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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
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A
N
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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 ^.":
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1*5n3'.?-fl.q?
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Sebastian
Subscribed and swom to before me on this l3th day of October,2025
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