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Home My WebLink AboutOrdinance 6917113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6917 File Number: 2025-1785 11111111111111111111111111111111111111 TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 10;231'2025 02:14PM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER. CIRCUIT CLERK FILE NO:2025-29507 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-36 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1146 NORTH MAXWELL DRIVE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 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 RSF-4, Residential Single -Family, 4 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: 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 RZN-2025-0036 Close Up View 1146 N. MAXWELL DR m,,3° v > Q R-A W V z Q •--------� Midtown I Trail DEANE ST J a z z J RSF-4 ,`----------------- RSF-18 Neighborhood Link Regional Link - High Activity Unclassified Residential Link - - - Trail (Proposed) Planning Area Fayetteville City Limits MAXWEL• L- MAXWEL• L- Subject Property RI-12 Feet 0 75 150 300 450 600 1:2,400 RZN-2025-0036 EXHIBIT 'A' v- iq NOEL•LEAV` 1 vl w� v If W ' i — =^ 711 ti s I ill �= Midtown SYCAMORE ST t — -- _ ly v HICKORY•ST m` 'V �� I, c N 17._,- r.' �I Z rRMFz4' I `NORTH Zone Current Proposed RI-U 0.0 0.3 RSF-4 0.3 0.0 Total 0.3 ac RZN-2025-0036 EXHIBITS' Parcel ID 765-08117-000: Lot Numbered Ten (10) of Maxwell Addition to the City of Fayetteville, Arkansas, as per plat of said Addition 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 23?2025 02:14PM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-29507 KYLE SYLVESTER, CIRCUIT CLERK Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-1785 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-2025-0036: Rezoning (1146 N. MAXWELL DR./BATES-SIEMEK, 365): Submitted by WESLEY BATES for property located at 1146 N. MAXWELL DR. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 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 0.30-acre parcel is located approximately 200 feet west of the intersection N. Garland Ave. and W. Sycamore St. on the north side of N. Maxwell Dr. The property directly abuts Tri-Cycle Farms, is zoned RSF- 4, Residential Single-Family, 4 Units per Acre, and includes a segment of the Midtown Trail across its northern extents. It is developed with one 1,158 square foot single-family dwelling which Washington County records indicate was built in 1961. No zoning overlay districts or master planning areas apply to the parcel. Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per Acre to RI-U, Residential Intermediate-Urban. Public Comment: Staff has received multiple inquiries and five comments in opposition to the proposed rezoning, citing narrow streets, traffic, parking, noise, increased infrastructure demands, drainage concerns, loss of existing housing, negative impacts to the neighborhood character, and a general opposition to more rental units and increased density. Land Use Compatibility: The subject property is primarily surrounded by single-family homes to the east, west, and south, though there are nearby apartments on both Mount Comfort and Garland. Tri-Cycle Farm, a nonprofit teaching farm is located directly north. Other nonresidential services including churches, parks, a police and fire station, and commercial businesses also located in the area. 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, but maintains a minimum lot width of 18 feet. Several rezonings in recent years have slowly increased the permitted density in the area, with an anticipated increase in the built environment as those areas redevelop. The applicant has indicated an intent to add two additional homes, though staff finds up to five lots could potentially be created along the street or trail. That said, staff finds that parking, drainage, tree Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov preservation and other requirements will likely limit the development potential of the parcel. While RSF-4 and RI-U allow similar uses, RI-U permits housing to be attached and be built on smaller lots, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a greater variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a moderate infill score of 7, indicating it is a suitable location for infill development. The property also fronts on to Midtown Trail, a recent public improvement by the city in the area that would enable residents to utilize alternative means of transportation. 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 7 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 8, 2266 W. Deane St.) 2. Near Water Main (8-inch main, Maxwell Dr.) 3. Near Sewer Main (6-inch main, Maxwell Dr.) 4. Near Grocery Store (Harps) 5. Near City Park (Lewis Soccer Complex) 6. Near Paved Trail (Midtown Trail, On Subject Parcel) 7. Near Razorback Bus Stop (Garland and Sycamore) DISCUSSION: At the September 8, 2025 Planning Commission meeting, a vote of 6-2-0 forwarded the request to City Council with a recommendation of approval. Commissioner Werner motioned and Commissioner McGetrick seconded. The applicant presented examples of trail-oriented developments, as well as information about adjacent services, financing challenges associated with ADU construction, and the implications of parking requirements for fee-simple lots versus ADUs due to recent state law changes. Ten members of the public spoke at the meeting, with seven speaking in opposition and three speaking in support of the request. Those speaking in opposition cited traffic and safety concerns, noting the narrow pavement width of Maxwell Dr. as well as the lack of sidewalks, presence of steep drainage swales, illegal parking, and the difficulty of navigating two-way access on the street, especially for emergency vehicles. Other concerns included loss of existing housing units and a desire for a less intense zoning request or larger units. Comments in support of the request cited existing by-right allowances on the property, recommendations by the housing task force and recent code changes, the need for additional small housing units adjacent to alternative forms of transportation, and the potential for the units to be sold fee-simple. Commissioners voting in favor of the request cited the proximity of the adjacent trail, bus stop, and other nonresidential services such as Harps, the need and desire for less car-oriented development, and the potential for homeownership by permitting additional subdivision of lots. Commissioners also noted that traffic would be further evaluated with development and that the addition of two ADUs without any additional parking spaces could be more detrimental to the neighborhood than the addition of fee-simple lots where parking could be required. Commissioners Garlock and Payne voted against the rezoning. Commissioner Garlock stated that, while he would generally be supportive of the request if it were located on a more improved street, he could not vote in favor of the rezoning given concerns regarding traffic safety. 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 #: 2025-1785 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-36 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1146 NORTH MAXWELL DRIVE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 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 RSF-4, Residential Single-Family, 4 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 2025-1785 Item ID 10/7/2025 City Council Meeting Date - Agenda Item Only RZN-2025-0036: Rezoning (1146 N. MAXWELL DR./BATES-SIEMEK, 365): Submitted by WESLEY BATES for property located at 1146 N. MAXWELL DR. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 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-2025-0036: Rezoning (1146 N. MAXWELL DR./BATES-SIEMEK, 365): Submitted by WESLEY BATES for property located at 1146 N. MAXWELL DR. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE- URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0036 to the City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0036 to the City Council with a recommendation of approval.” BACKGROUND: The subject property is comprised of one parcel totaling 0.30 acres, located approximately 200 feet east of the intersection N. Garland Ave. and W. Sycamore St. on the south side of Midtown Trail. The property directly abuts Tri-Cycle Farms and is zoned RSF-4, Residential Single-Family, 4 Units per Acre. It is developed with one 1,158 square foot single-family dwelling which Washington County records indicate was built in 1961. 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 Tri-Cycle Farms RSF-4, Residential Single-Family, 4 Units per Acre South Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre East Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre West Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per Acre to RI-U, Residential Intermediate-Urban. Public Comment: Staff has received multiple inquiries and four public comments in opposition to the proposed rezoning, citing narrow streets, increased traffic, inadequate parking, noise , higher infrastructure demands, drainage concerns, loss of existing housing, and a general opposition to more rental units. A public comment in opposition was also provided via phone, citing traffic, Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 1 of 22 (UPDATED WITH MEETING RESULTS) potential negative impacts to the existing neighborhood character, and general opposition to any increase in density. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property’s frontage along N. Maxwell Drive, a Residential Link, is partially improved with asphalt paving. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing 8-inch water main on the south side of the subject property along the south side of N. Maxwell Drive. Sewer: Sanitary sewer is available to the subject property. There is an existing 6-inch sewer main on the south side of the subject property along the north side of N. Maxwell Drive. There are known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan that appear in the system approximately 1,100 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 8, located at 2266 W. Deane St., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 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, RSF-4, Residential Single-Family, 4 Units per Acre, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood 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 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. Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 2 of 22 CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane St.) • Near Water Main (8-inch main, Maxwell Dr.) • Near Sewer Main (6-inch main, Maxwell Dr.) • Near Grocery Store (Harps) • Near City Park (Lewis Soccer Complex) • Near Paved Trail (Midtown Trail, On Subject Parcel) • Near Razorback Bus Stop (Garland and Sycamore) 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 primarily surrounded by single-family homes to the east, west, and south, though there are nearby apartment complexes on Mount Comfort and Garland. Tri-Cycle Farm, a nonprofit teaching farm is located directly north of the subject area. Other nonresidential services including churches, city parks, a police and fire station, and commercial business are also located in the area. 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, but maintains a minimum lot width of 18 feet. Several rezonings in recent years have slowly increased the permitted density in the area, with anticipated increased in the built environment as those areas redevelop. The applicant has indicated an intent to add two additional homes, though staff finds up to five lots could potentially be created along the street or trail. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. While RSF-4 and RI-U allow similar uses, RI-U permits more housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a greater variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 7 with a weighted score of 8, indicating it is a suitable location for infill development. The property also fronts onto Midtown Trail, a recent public improvement by the city in the area that would enable residents to utilize alternative means of transportation. 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. Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 3 of 22 Finding: The applicant has stated that they have requested this rezoning to create two small housing units facing Midtown Trail. Staff finds that two separate dwelling units could be constructed by right as accessory dwelling units with no additional parking required. A rezoning to RI-U would permit those units to be subdivided onto individual lots, potentially enabling home- ownership 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 appreciable increase traffic danger and congestion since the subject property is relatively small. RI-U would also permit trail-oriented development in line with recent code changes. Any street improvements required in this area would be determined at the time of development proposal. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 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, the presence of Midtown Trail on the northern portion of the property, and proximity to nonresidential services such as grocery stores, transit and parks, 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 1,100 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-2025-0036 to the City Council with a recommendation of approval. Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 4 of 22 PLANNING COMMISSION ACTION: Required YES Date: September 8, 2025 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code • §161.07 District RSF-4, Residential Single-Family –Four (4) Units Per Acre • §161.12 Residential Intermediate-Urban • Project Maps • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map • Request Letter • Public Comment Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 5 of 22 X WERNER MCGETRICK 6-2-0 (PAYNE / GARLOCK OPPOSED) “I move to forward RZN-2025-0036 to the City Council with a recommendation of approval.” 161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (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 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot minimum width 60 feet 70 feet Hillside Overlay District Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 6 of 22 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 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-2025-0036 (BATES-SIEMEK) Page 7 of 22 161.12 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-2025-0036 (BATES-SIEMEK) Page 8 of 22 * 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-2025-0036 (BATES-SIEMEK) Page 9 of 22 GARLAND AV E DEANE ST NORTH ST LE V E R E T T A V E GARLAND AVE WEDINGTONDR GA R L A N D A V E GR E G G A V E SYCAMORE ST G A RLAND AVE RSF-4 RMF-24 RMF-40P-1 C-2 I-1 C-1 R-O R-A CS RSF-18 Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0036 1146 N. MAXWELL DR N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 10 of 22 Midtown Trail Midtown Trail Proposed RI-U MALIBU ST LY N N S P L AD D I N G T O N A V E G I F F O R D A V E JA N I C E A V E HICKORY ST MAXWELL DR MAXWELL DR NOELLE AV E G AR LAND AVE DEANE ST G A R LAND AVE GA R L A N D A V E SYCAMORE ST GARLAND A V E RSF-4 RI-12 RMF-24 R-A RSF-18 RI-U Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0036 1146 N. MAXWELL DR N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.3 0.0 Total 0.3 ac1:2,400 Current 0.0 0.3 Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 11 of 22 BEL AIR DR O A K LAN D A VE MELMAR DR GARLAND AVE DEANE ST GARLAND AVE GA R L A ND AVE SYCAMORE ST GARLAND AVE Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0036 1146 N. MAXWELL DR N 0 225 450 675 900112.5 Feet Subject Property Commercial Single-Family Residential and Multi-Family Residential Single-Family Residential Single-Family Residential 1:3,600 Urban Agriculture Farm Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 12 of 22 City Neighborhood Civic and Private Open Space Non-Municipal Government Residential Neighborhood GARLAN D AVE DEANE ST GA R L A N D A V E WEDINGTON DR NORTH ST G A R L A N D AVE GREGG AVE SYCAMORE ST G ARLAND AVE Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0036 1146 N. MAXWELL DR N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 13 of 22 To the Planning Commission and City Staff, I am writing to respectfully request the rezoning of the property at 1146 N Maxwell Drive from Residential Single-Family, 4 units per acre (RSF-4) to Residential Intermediate-Urban (RI-U). This property backs up directly to the new Midtown Trail, part of Fayetteville’s expanding trail network, and is located just across from Tri-Cycle Farms. The site offers a rare opportunity to create two small housing units that connect directly to the trail and are within walking or biking distance of local amenities, including the new neighborhood coffee shop on Sycamore Street. The property is also located close to a city bus route, supporting transit-oriented development and reducing car dependency. The proposed RI-U zoning would allow for gentle density in a way that’s compatible with the existing residential character, while offering more housing options in a highly livable and connected location. Small-scale, trail-oriented housing at this site would support the City’s goals of sustainability, equity, and smart growth. Statement of Compatibility: This rezoning is compatible with surrounding land uses and Fayetteville’s broader planning vision. The property is located in a walkable, bikeable neighborhood with existing mixed housing types nearby. RI-U zoning maintains a residential form and scale, while allowing for incremental infill that fits within the existing neighborhood context. The proximity to trail infrastructure, transit, and local businesses makes this an ideal site for thoughtful, modest densification. Thank you for your time and consideration. We believe this rezoning aligns with the values of the community and offers a meaningful opportunity to support housing diversity and connectivity in Fayetteville. Sincerely, Wes Bates Reviewed by: Donna Wonsower, AICP Senior Planner Development Services APPROVED Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 14 of 22 1 Wonsower, Donna From:Planning Shared Sent:Friday, August 29, 2025 7:50 AM To:Wonsower, Donna Subject:FW: Rezone for 1146 N Maxwell Dr. Attachments:Letter to Planning 082825.docx RZN-2025-0036 Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 From: Christine Myres <christine.myres@gmail.com> Sent: Thursday, August 28, 2025 5:10 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Rezone for 1146 N Maxwell Dr. CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have attached a letter for the Commission about this rezoning request, and would appreciate it being distributed to the members. Thank you. Christine A. Myres Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 15 of 22 August 28, 2025 To the Fayetteville Planning Commission Re: Rezoning request for 1146 N. Maxwell Dr. RSF-4 to RI-U I am writing to ask the Planning Commission to deny this requested rezoning. I live next door at 1158 N. Maxwell Dr. and own my home. As a former member of the Commission I am aware of the ramifications of most rezoning requests. The idea of adding to the current traffic on our narrow street is troublesome, since there is no opportunity to widen the road; there are ditches on both sides, we currently have no sidewalks, and the street is only wide enough for two cars at best. There are frequently cars parked on the sides of the street (often for days at a time) and that narrows the driving lane to one car. When you turn the corner from Garland, you never know if you will have the whole road to drive down the block or not. Our neighborhood is largely single-family owner occupied and although there are several rentals, they still conform to the single-family model. Adding two more units at the back of the .3-acre lot does not conform to best practices for this type of neighborhood. I believe they are allowed one ‘accessory’ unit under current zoning? Unless there is adequate off- street parking, the addition of any units would create an unsustainable situation for the street. Currently, the rental house residents frequently park on the street since there is inadequate parking in the driveway; the renters have 4 cars. And of course, if they have visitors, those park in the street. Please consider this request carefully, as you usually do, in light of the increased traffic and cars using our narrow street. I am especially concerned that this will create a precedent for others to overload a small lot with too many dwelling units and consequently create more traffic and car problems. Yours sincerely, Christine A. Myres 1158 N. Maxwell Dr. Fayetteville, AR 72703 Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 16 of 22 1 Wonsower, Donna From:Planning Shared Sent:Thursday, August 28, 2025 9:18 AM To:Wonsower, Donna Subject:FW: 1146 North Maxwell propose rezoning from RSF-4 to RI-U Follow Up Flag:Follow up Flag Status:Flagged Re: RZN-2025-0036 Zak Tamijani Planning Technician Development Services City of Fayetteville 479-444-3443 fayetteville-ar.gov From: Mei Ziegler <Mei.Ziegler@arisahealth.org> Sent: Wednesday, August 27, 2025 5:25 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: 1146 North Maxwell propose rezoning from RSF-4 to RI-U CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I received a letter today from Wesley Bates requesting a rezoning of a property that is across from mine. I believe he wants to add two tiny houses behind his property that will face the bicycle trail. My understanding is that under current city laws, he can add two ADUs without any parking requirements, however, he does want to add a driveway west of his property so there can be access to the tiny houses behind the current house, thus the proposed rezoning. My concern is if this were to take precedence and every house here were to add two ADUs to their backyards, wouldn't that put stress to our sewer system, and how can we address the increased traffic on a narrow street like North Maxwell? Have we addressed the increased noise level from traffic? My other concern is wouldn't this devalue the surrounding properties, and take away the aestheticness of the area? I enjoyed living here for over 20 years because of the peacefulness, and hopefully for the next 20 years. Thank you for your kind consideration. Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 17 of 22 2 Regards, Mei Ziegler 479-466-5125 Disclaimer: The information contained in this message may be confidential and any unauthorized retention, forwarding, printing, copying, distribution, or use of such information by the addressee or any other recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately and permanently delete all electronic record of this message and any hardcopies you may have created. Secured by Paubox - HITRUST certified Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 18 of 22 1 Wonsower, Donna From:Planning Shared Sent:Thursday, August 28, 2025 4:36 PM To:Wonsower, Donna Subject:FW: Proposed Re-Zoning at 1146 N. Maxwell Dr. In Fayetteville For you! Jessie Masters, AICP Planning Director Development Services City of Faye eville, Arkansas (479) 575-8239 www.faye eville-ar.gov Website | Facebook | Twi er | Instagram | YouTube -----Original Message----- From: Lorraine Miller <lwmiller46@yahoo.com> Sent: Thursday, August 28, 2025 11:43 AM To: Planning Shared <planning@faye eville-ar.gov> Subject: Proposed Re-Zoning at 1146 N. Maxwell Dr. In Faye eville CAUTION: This email originated from outside of the City of Faye eville. Do not click links or open a achments unless you recognize the sender and know the content is safe. I received a le er from Wesley Bates regarding a proposed re-zoning from RSF-4 to RI-U at 1146 N. Maxwell, the residence is next door to the residence directly across the street from me. I live at 1157 N. Maxwell. I have lived in my home since the summer of 1979…46 years. During these last 4 1/2 decades, I have witnessed changes in our neighborhood… some good, others not so good. In the past several years, many good things have happened on N. Maxwell and S. Maxwell , connected by the curve at the end of the street. Younger people, some of whom are families with young children have been moving in. OFen, before they move in, I have observed extensive remodeling ( if not complete remodeling of the interior), being done. While taking my daily walk with my dogs around the N Maxwell/ S Maxwell blocks, I have observed this and met so many of my new neighbors and their children playing outside. It’s a good feeling to see this re-vitalizaHon of the neighborhood I love so much! However, as I see more children riding their bikes or trikes on our street, or young couples with a stroller taking their newborn around the loop, I worry because we now have more vehicles on our very narrow street. I also worry about the increased traffic on our loop as I walk my dogs. We have a few homes in our neighborhood that are rental homes, oFen renHng to students all of whom have their own vehicles. It’s just a LOT of added vehicles to a very narrow street. For example, the address requesHng re-zoning is currently occupied by students. There are usually at least 4 SUV’s and oFen 5 vehicles parked in the driveway and on the street. Needless to say, navigaHng down the street around these cars is quite difficult, especially when meeHng cars. Now, as I understand the proposal, by adding 2 addiHonal residences with parking for addiHonal vehicles in the back yard of the current home, this can only magnify an already serious problem. Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 19 of 22 2 OFen, I wonder how our trash and re-cycling trucks can make it around the loop. I especially am concerned during the “ mowing season” when addiHonal trucks and trailers are providing yard work to neighbors. Just this week, I noHced where a mailbox had been hit, the wooden post split obviously by a vehicle. This is one of the homes that was completely renovated before she moved in. This tells me she intends on staying in our neighborhood for a while. I hate this for her. Another neighbor has had her mailbox hit several Hmes and has had a difficult Hme finding a place to put it so this won’t happen. I am afraid if this re-zoning request is approved, it will only be the beginning. Other people who own rental property will see this as an opportunity for increased income and do the same. A very bad problem can only get worse when this happens. I very much appreciate your taking the Hme to read my le er. I love my home and my neighbors and we ABSOLUTELY do not need increased vehicles and traffic on our streets. Please, please deny this request. RespecQully, Lorraine Miller 1157 N. Maxwell Dr. Faye eville, AR 72703 Sent from my iPad Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 20 of 22 1 Wonsower, Donna From:Planning Shared Sent:Thursday, September 4, 2025 5:11 PM To:Wonsower, Donna Subject:FW: Rezoning request for 1164 North Maxwell Follow Up Flag:Follow up Flag Status:Flagged Concerning RZN-2025-0036 Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 From: Lisa and David McClure <hiscouple@att.net> Sent: Thursday, September 4, 2025 3:49 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Rezoning request for 1164 North Maxwell CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am the owner and resident at 1218 North Maxwell, which is four houses west of the proposed rezoning of 1146 North Maxwell Drive and I am opposed to the rezoning of the property. I have lived in my home since 1989, and raised my family in this home. During the 36 years of living in our neighborhood, I have seen many changes. When I first moved in, both North and South Maxwell were a mix of younger to middle aged residents who were raising their families, enjoying the large yards and mature trees. The streets were quiet, and kids rode their bikes with no concern of being hit by a car. During the early 2000’s, residents started the Maxwell-Stephens-Hendrix Neighborhood Association to work together to keep our neighborhoods safe from encroachment of apartments, as there seem to be a trend for developers to buy older homes, tear them down, and build duplexes or small apartment complexes on the lot. Since that time, the trend toward destroying small neighborhoods in favor of rental properties has continued. The most current attempt is the rezoning of the home on 0.3 acres at 1146 North Maxwell from RSF-4 to Residential Intermediate- Urban, and go from a density of 4 units per acre to no density cap. I have been told the plan is to build 2 ADUs, along with parking for the 2 units in the backyard and leave the current structure. Buying older homes in areas close to campus for the purpose of splitting the lot and building “affordable housing” seems to be a current trend in the Fayetteville housing Planning Commission September 8, 2025 RZN-2025-0036 (BATES-SIEMEK) Page 21 of 22 2 market. For example – the single family home on a half acre lot at 1254 West Hendrix was split in 2020 into 3 lots. Each lot now has a housing unit and an ADU, with a parking lot in the middle of the lot, for a total of 6 housing units. While this appears to be a way to offer “affordable” housing and address the housing crisis in Fayetteville, the property at 1146 North Maxwell is not appropriate property to use for such an endeavor due to issues with the lot size, street size, and drainage issues. The lot size for the Maxwell property is approximately 88 feet wide and 139 feet deep, according to the GIS map on the City’s website. The property on Hendrix prior to being split into 3 lots, is 105 feet wide and 210 feet deep – almost twice the size of the Maxwell property. The parking area for the 6 units on Hendrix is 95 feet wide and 61.6 feet deep. The total area from the back of the house on North Maxwell to the Midtown Trail boundary is 88 feet wide and 64.3 feet deep – smaller than just the parking area for the ADUs on Hendrix. Add 2 ADUs, and parking becomes non-existent, meaning residents will have to park in the front yard or on the street. North Maxwell is a very narrow street with ditches on either side, making it difficult for 2 vehicles to pass each other. People will have to park on the road due to the lack of parking at their ADU, and their guests would also have to park on the street. This makes it difficult for emergency vehicles to navigate the road. The road is narrow enough if cars were parked on the side and another car was coming the other direction, emergency crews would not be able to get down the street. The current house at 1146 has 4 vehicles, and adding more beds to the property will result in more cars. The probability of cars parking on the street is very high, which will make access to houses further in the neighbor difficult for both residents and emergency services. There is also concern that there will be storm water drainage issues due to the loss of natural drainage once more solid surfaces are installed. For proper water drainage, most civil engineers recommended 1/8th inch for every foot of slope for water to drain properly. There is approximately 271 feet between the 1146 property, which currently at 1,300 feet elevation, and the start of our property, which is at 1,293 feet. Removing the natural drainage area a back yard provides will mean the storm water will have to find a new path to flow, since it cannot naturally soak in to the grassy area. We have already lost the natural drainage ditch behind the houses when it was filled in for the Midtown trail, so removing more natural drainage and building solid surfaces will increase the drainage issues. While I appreciate that Fayetteville is having an affordable housing crisis, I do not believe coming into old, established neighborhoods and building ADUs, duplexes, and other housing units that will become rentals is the way to fix the crisis. Our City is already 58% rentals, and more and more owner homes are being torn down so developers can build rental property. The most recent Federal Reserve Survey of Consumer Finance shows that homeowners are 43 times more wealthy than renters. We need home owners – not renters – to come to Fayetteville to ensure our city continues to be a thriving, multi generational, multi cultural community and not just another college town full of apartment complexes and chain restaurants. We need to have housing that encourages people to want to buy a stake in our city and help it to thrive. I ask that the Council deny this rezoning request and leave our neighborhood a place where people can afford to buy small starter homes with green space for their kids to play. Keeping small family homes as homes, not multi people units is the best way to solve our affordable housing crisis and ensure growth for our city. 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