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Home My WebLink AboutOrdinance 6924113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6924 File Number: 2025-1685 111111111111111111111111111111111111111111 TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 11 13 2025 08:37AM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER, CIRCUIT CLERK FILE NO: 2025-31631 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-27 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 3070 WEST MOUNT COMFORT ROAD IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL AND RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE 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, Four Units Per Acre to NS-G, Neighborhood Services -General and RSF-18, Residential Single Family, 18 units per acre subject to a bill of assurance. 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 November 4, 2025 Approved: N* &J��J 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: $103.36 Page 1 RZN-2025-0027 3070 W. MOUNT COMFORT EXHIBIT Close Up View R p W DRAKESTONE w THORN EBROOK-ST Q Y V 3 z W Y WESTBURY-ST• P-1 Regional Link Residential Link Planning Area Fayetteville City Limits z J MOUNT- COMFORT-RD RSF-4 Feet 0 75 150 300 450 600 1:2,400 T DOVE DR Zone Current Proposed NS-G 0.0 0.2 RSF-18 0.0 0.2 RSF-4 0.4 0.0 Total 0.4 ac RZN-2025-0027 EXHIBITS' SURVEYED PROPERTY DESCR/PRaV -LOT 9A (To NS-G) Port of Lot 9, Black A, Mi. Comfort Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Commencing of on existing rebor marking the Northeast Corner of said Lot 9 Thence along the East Dine of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 82.09 feet to a set rebor with cop and the Point of Beginning. Thence continue along the East lane of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 89.48 feet to a set rebor with cop. Thence leaving said Cost fine, ,North 87 degrees 19 minutes 56 seconds West, 100.00 feet to a set rebor with cop on the West line of Lot 9. Thence along the West line of said Lot 9, North 02 degrees 27 minutes 18 seconds East, 90,83 feet to a set rebor with cap. Thence leaving said West line, South 86 degrees 33 minutes 45 seconds East, 100.01 feet to the Point of Beginning, containing 0.21 acres and subject to any Easements of Record. SURVEYED PROPERTY DESCRIPT1pN -LOT 96 (To RSF-18) Port of Lot 9, Block A, Mi. Comfort Addition to the My of FoyetteWle, Wdshington County, Arkansas being more particularly described as follows; Beginning of an existing rebor marking the Northeast Corner of said Lot 9. Thence along the East line of said Lot 9. South 02 degrees 27 minutes 18 seconds West, 82.09 feet to a set rebor with cop and the Point of Beginning. Thence leaving said East line, North 85 degrees 33 minutes 45 seconds West, 100.01 feet to a set rebor with cap on the West lane of Lot 9. Thence along the West line of said Lot 9, North 02 degrees 27 minutes 18 seconds East, 81.36 feet to a point marking the Northwest Corner of Lot 9. Thence along the North line of said Lot 9. South 86 degrees 58 minutes 53 seconds .East, 100.00 feet to the Point of Beginning, containing 0.19 acres and subject to any Easements of Record WASHINGTON COUNTY, AR I CERTIFY THIS INSTRUMENT WAS FILED ON 11 13 2025 08:37AM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-31631 KYLE SYLVESTER, CIRCUIT CLERK CITY OF FAYETTEVILLE ® ARKANSAS MEETING OF NOVEMBER 4, 2026 CITY COUNCIL MEMO 2025-1685 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: Appeal: RZN-2026-0027: Rezoning (3070 W. MOUNT COMFORT RD/SUMMERHILL, 323): Submitted by WESLEY BATES for property located at 3070 W. MOUNT COMFORT RD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: City Planning staff recommend approval and the Planning Commission denied a request to rezone the subject property as shown in exhibits 'A' and `B'. BACKGROUND: The subject property is in west Fayetteville at the northwest corner of W. Mount Comfort Road's intersection with N. Gooseberry Lane. The property contains 0.40 acres which is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, and is developed with a single-family home that County records indicate was built in 1960. Request: The request is to appeal the Planning Commission's decision to deny the applicant's request to rezone the property from RSF-4 to NS-G, Neighborhood Services, General. Public Comment: Staff has received public comment in opposition to the request, with neighbors concerned that the proposal was incompatible with the surrounding land uses, and inconsistent with the neighborhood character. Land Use Compatibility: Staff finds the proposed rezoning from RSF-4 to NS-G to be compatible with the surrounding land uses. RSF-4 is a single-family district that typically requires 70 feet of street frontage and a minimum lot area of 8,000 sq. feet. Though surrounded by single-family uses to the west, north, and east, the property fronts W. Mount Comfort Road, a High Activity Link Street. With this location on the corner of a major thoroughfare, a single-family zoning district is not likely the highest and best use for the property with the potential for additional housing or small nonresidential uses appropriate. NS-G, while it allows for some limited commercial uses, is still considered to be a residential district, the intention of which is to promote pedestrian - oriented neighborhood development at a scale that is compatible with surrounding land uses. While allowing a density up to 18 units per acre, staff finds that given the size of the site, the lot area minimums for dwelling units, and the limited nature of developable area, the site would likely never reach that maximum threshold. Further, limited businesses (such as medical offices, coffee shops, and small grocery stores) would be permitted on the property to a maximum size of 8,000 sq. ft., which, given its corner location, would be well - Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 suited to provide services and amenities within a walkable distance of many residents that currently are required to make trips to employment and services by vehicle. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans. The potential for non-residential uses promotes walkability in an area that is largely residential. The property is located almost precisely halfway between two tier centers (one on N. Rupple Road and W. Mount Comfort, and the other located at W. Mount Comfort and N. Salem Road). Further, elements contributing to appropriate infill total five, indicating that a minimal increase in density is appropriate here. Staff finds that the applicant's request is in line with this score. The proposal also supports goals 3 and 4 in City Plan 2040, including promotion of infill, creating opportunities for housing, and developing complete neighborhoods. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The following elements of the matrix contribute : • Adequate Fire Response (Station #8, Deane Street) • Near Sewer Main (8" in N. Gooseberry Lane, 8" in W. Mount Comfort Road) • Near Water Main (12" in W. Mount Comfort Road, 2.5" in N. Gooseberry Lane) • Near City Park (Gary Hampton Softball Complex) • Near Paved Trail (Marked Shared Roadway, W. Mount Comfort Road) DISCUSSION: At the August 11, 2025 Planning Commission meeting, a request to rezone the property from RSF-4 to NS-G was denied by a 3-6-0 vote. (Commissioners Werner, Gulley, Cabe, Payne, Garlock, and McGetrick were opposed). Commissioners in favor agreed with staffs findings that the change would support small-scale, walkable services along W. Mount Comfort Road. Opponents raised concerns about access management, scale, and compatibility with the neighborhood, preferring the applicants seek conditional use permitting under the current zoning if non-residential uses were proposed. Seven residents spoke in opposition, citing traffic issues along W. Mount Comfort, concerns about inserting commercial activity on what is currently a dead-end street, and lack of compatibility with neighborhood character and existing land uses. BUDGET/STAFF IMPACT: ATTACHMENTS: 3. Appeal Letter, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report, 7. Additional Information - 49863 - Applicant Split -Zone Legals, 8. Additional Information - Mt Comfort CC Final, Initial Exhibit A (Original version that does not display City Council's amendment), Initial Exhibit B (Original version that does not display City Council's amendment), 9. Additional Information - Approved Bill of Assurance Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ��. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-1685 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-27 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 3070 WEST MOUNT COMFORT ROAD IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL AND RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE 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, Four Units Per Acre to NS-G, Neighborhood Services -General and RSF-18, Residential Single Family, 18 units per acre subject to a bill of assurance. 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. Page 1 Masters, Jessica From: Pennington, Blake Sent: Wednesday, August 13, 2025 9:54 AM To: Konrad Siemek Cc: CityClerk; Wes Bates; Masters, Jessica; Williams, Kit; Hungate, Hannah Subject: RE: Appeal of rezoning denial for 3070 W Mt Comfort Road Thank you for confirming, Konrad. The appeal meets the form, time, and place requirements of Section 155.02 and can be added to the City Council agenda. Thanks, Blake Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas From: Konrad Siemek <ksiemek@gmail.com> Sent: Wednesday, August 13, 2025 9:48 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Wes Bates <bateswt@gmail.com>; Masters, Jessica <jmasters @fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Hungate, Hannah <hhungate@fayetteville-ar.gov> Subject: Re: Appeal of rezoning denial for 3070 W Mt Comfort Road 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. Blake, I believe we would agree with your statement, if I am understanding correctly. Konrad Siemek Owner AD&U Physical Therapist www.adandvounwa.com 0 ADSU On Wed, Aug 13, 2025, 9:32 AM Pennington, Blake <bpennington@favetteville-ar.gov> wrote: Wes, Section 155.02(A) requires that appeals set forth the applicable UDC section(s). Based on what you've written below, could you confirm that Section 154.03 would be the appropriate UDC section? 154.03(A)(3) discusses the requirement for applicants to explain the compatibility of the proposed rezoning with neighboring property and why the proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses. Thanks, Blake Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas From: CityClerk <cityclerk@fayetteville-ar.gov> Sent: Tuesday, August 12, 2025 2:34 PM To: Wes Bates <bateswt@gmail.com> Cc: Konrad Siemek <ksiemek@gmail.com>; Masters, Jessica <*masters@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Hungate, Hannah <hhungate@fayetteville-ar.gov> Subject: RE: Appeal of rezoning denial for 3070 W Mt Comfort Road Good afternoon Mr. Bates, Thank you for your email message! Our City Attorneys have been added to this message, we'll await further instructions on how to proceed. Thank you, Jonathan Ramirez Deputy City Clerk - Communications Office of the City Clerk -Treasurer City of Fayetteville, Arkansas 479-718-7629 fayetteville-ar.gov jram irez(a)fayetteville-ar.gov 91relfflalm L From: Wes Bates <bateswt@gmail.com> Sent: Tuesday, August 12, 2025 1:23 PM To: CityClerk <cityclerk@favetteville-ar.gov> Cc: Konrad Siemek <ksiemek@gmail.com>; Masters, Jessica <imasters@favetteville-ar.gov> Subject: Appeal of rezoning denial for 3070 W Mt Comfort Road CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and Members of the City Council, I am writing to formally appeal the Planning Commission's denial of our rezoning request for 3070 W Mt Comfort Road from its current zoning to NS-G (Neighborhood Services General). The Planning Department recommended approval of this request, recognizing that NS-G is consistent with the character and land use patterns along this section of Mt Comfort. In fact, NS-G zoning already exists across the street, and the property's frontage along Mt Comfort makes it an appropriate location for a small-scale, neighborhood -serving use. We believe it is neither practical nor in the community's best interest to require exclusively single-family homes along a major street like Mt Comfort. The NS-G district allows for mixed -use, walkable development that complements surrounding residential areas, increases neighborhood amenities, and provides flexibility for future needs. Given the existing NS-G zoning nearby, the property's location on a high -traffic corridor, and the Planning Department's support, we respectfully request that the City Council approve our rezoning to NS-G. Thank you for your con side ration. Sincerely, Wes Bates Wes Bates bateswt@gmail.com 479-595-5499 049FCITY OF _ FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Planning Director MEETING DATE: August 11, 2025 SUBJECT: RZN-2025-0027: Rezoning (3070 W. MOUNT COMFORT RD/SUMMERHILL, 323): Submitted by WESLEY BATES for property located at 3070 W. MOUNT COMFORT RD. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -LIMITED. RECOMMENDATION: Staff recommends forwarding RZN-2025-0027 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN-2025-0027 to City Council with a recommendation for approval." BACKGROUND: The subject property is in west Fayetteville at the northwest corner of W. Mount Comfort Road's intersection with N. Gooseberry Lane. The property contains 0.40 acres which is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, and is developed with a single-family home that County records indicate was built in 1960. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential 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 NS-G, Neighborhood Services, General. Public Comment: Staff has received public comment in opposition to the request. Neighbors were concerned that the proposal was incompatible with the surrounding land uses, and inconsistent with the neighborhood character. INFRASTRUCTURE AND ENVIRONMENTAL ANALYSIS: Streets: The subject area has street frontage along W. Mount Comfort Road, which is a fully improved Regional Link Street with asphalt paving, sidewalk, curb and gutter. Planning Commission August 11, 2025 (Summerhill) Paqe 1 of 14 The subject area has street frontage along North Gooseberry Lane, which is a partially improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of the development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 12-inch water main is present along W. Mount Comfort Road. An existing 2.5-inch water main is present along N. Gooseberry Lane. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present along W. Mount Comfort Road. An existing 8-inch sewer main is present along N. Gooseberry Lane. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 50 linear feet downstream of this property. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA floodplain. Additionally, no protected streams are present, no are there hydric soils on the property. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 1.1 miles 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 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services, General requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, Four Units per Acre requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. 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 August 11, 2025 (Summerhill) Paqe 2 of 14 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8, Deane Street) • Near Sewer Main (8" in N. Gooseberry Lane, 8" in W. Mount Comfort Road) • Near Water Main (12" in W. Mount Comfort Road, 2.5" in N. Gooseberry Lane) • Near City Park (Gary Hampton Softball Complex) • Near Paved Trail (Marked Shared Roadway, W. Mount Comfort Road) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed rezoning from RSF-4 to NS- G to be compatible with the surrounding land uses. RSF-4 is a single-family district that typically requires 70 feet of street frontage and a minimum lot area of 8000 sq. feet. Though surrounded by single-family uses to the west, north, and east, the property fronts W. Mount Comfort Road on the northwest corner of its intersection with N. Gooseberry Lane. W. Mount Comfort Road is a High Activity Link Street, and with its location on the corner with a major thoroughfare, a single-family zoning district is not likely the highest and best use for the property. NS-G, while it allows for some limited commercial uses, is still considered to be a residential district, the intention of which is to promote pedestrian -oriented neighborhood development at a scale that is compatible with surrounding land uses. While allowing a density up to 18 units per acre, staff finds that given the size of the site, the lot area minimums for dwelling units, and the limited nature of developable area, the site would likely never reach that maximum threshold. Further, limited businesses (such as medical offices, coffee shops, and small grocery stores) would be permitted on the property to a maximum size of 8000 sq. ft., which, given its corner location, would be well -suited to provide services and amenities within a walkable area to many residents that currently are required to take those trips using a vehicle. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans. The insertion of the possibility of non-residential uses in the area promotes walkability in an area that has long been established as residential. The property is located almost precisely halfway between two tier centers (one on N. Rupple Road and W. Mount Comfort, and the other located at W. Mount Comfort and N. Salem Road). Further, the infill score is 5, indicating that a minimal increase in density would be recommended here. Staff finds that the applicant's request is in line with this score. The proposal also supports goals 3 and 4 in City Plan 2040. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning the subject property from RSF-4 to NS-G is justified and is consistent with the city's future land use plans. Planning Commission August 11, 2025 (Summerhill) Paqe 3 of 14 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RSF-4 to NS-G has the potential to increase traffic at this location considering that the site is currently developed with a single-family home. Staff does not find, however, that given the size of the site, and the requirements for access management, that it would be to an appreciable degree. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property currently has access to public streets and water. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 50 linear feet downstream of this property, and any necessary upgrades or improvements to existing infrastructure would be determined at the time of development. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0027 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: August 11, 2025 O Tabled O Forwarded ® Denied motion to forward Motion: Payne denied. Second: Garlock Vote: 3-5-0 Commissioners Werner Gulley,Cabe Payne, Garlock McGetrick Planning Commission August 11, 2025 (Summerhill) Paqe 4 of 14 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.19 NS-G, Neighborhood Services - General • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map • Request letter • Public Comment 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 Planning Commission August 11, 2025 (Summerhill) Paqe 5 of 14 Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 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, repeal and termination section. 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Planning Commission August 11, 2025 (Summerhill) Paqe 6 of 14 Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (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 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. Planning Commission August 11, 2025 (Summerhill) Paqe 7 of 14 (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission August 11, 2025 (Summerhill) Paqe 8 of 14 RZN-2025-0027 3070 W. MOUNT COMFORT A& One Mile View RD NORTH r0 0.13 0.25 0.5 Miles Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway — Unclassified Residential Link Planned Neighborhood Link ■ Planned Residential Link — Shared -Use Paved Trail — Trail (Proposed) Design Overlay District Y — 1 Fayetteville City Limits Planning Area 9 RSF-1 W J RSF-4 I� I ----I _ —1---- —W Subject Property I R-A MOUNT-COMFO -Rp R-O j 0 i NC '� O=� � > J P-1 RI-U V m _ r ' y Z,Q RMF-24 / aOW � W WE RI-12 ` ' LU j F- IX or IL Planning Area Fayetteville City Limits August 11, 2025 (Summerhill) Paqe 9 of 14 RZN-2025-0027 Close Up View DRAKESTONE ST 3070 W. MOUNT COMFORT RD THORN EBROOK-ST Q Y U_ co Z w Y -WESTBURY-ST z J W Subject Property I'/ Propos d S-G MOUNT<COMFORT RD RSF-4 DOVE DR MEADOWLARK F-D R z J Y Q _I 0 0 it SAUTER LN NORTH Zone Current Proposed NS-G 0.0 0.4 RSF-4 0.4 0.0 Regional Link Residential Link Feet Planning Area 0 75 150 300 450 600 - - Fayetteville City Limits 1 -2,400 Total 0.4 ac August 11, 2025 (Summerhill) Pape 10 of 14 RZN-2025-0027 7 W. M NT MF RT RD Current Land Use �. 2 - Oil 4 V We r Mim Wv. Mixed Use M i1 f� Regional Link Unclassified Residential Link ■ ■ Planned Residential Link — — — Trail (Proposed) i� Planning Area Fayetteville City Limits Single -Family Residential OWF,0 a.. ' Feet 0 112.5 225 450 1:3,600 675 '7i �� 1J1J • - AE,t FEMA Flood Hazard Data 100-Year Floodplain Floodway August 11, 2025 (Summerhill) Page 11 of 14 RZN-2025-0027 3070 W. MOUNT COMFORT Future Land Use RD NORTH I I I I 1E ■ a ■ ■ o ' di J a a Subjec MOUNT- COMFORT- RD 6 � i t ' � J .�., Industrial Q,m � --_,Natural ® Civic and ---- ---- ----- — --- , V Private - `_-------�'� �-� Open Space ` Z Q i W a' `Ml ------- - !� / W O ---- , - W Cf) 2 � `•,` f� % moo, W O a i Regional Link City Neighborhood Neighborhood Link Civic Institutional Regional Link - High Activity Freeway/Expressway Civic and Private Open Space — Unclassified Industrial — Residential Link Feet Natural Planned Neighborhood Link ■ Planned Residential Link Non -Municipal Government 1 Planning Area 0 305 610 1,220 1,830 2,440 Residential Neighborhood _i Fayetteville City Limits Rural Residential — — Trail (Proposed) 1:10,000 Design Overlay District Urban Center August 11, 2025 (Summerhill) Paqe 12 of 14 Property Address: 3070 W Mt Comfort Rd Current Zoning: RSF-4 Proposed Zoning: NS-G (Neighborhood Services — General) To Whom It May Concern, We are requesting a rezoning of the property located at 3070 W Mt Comfort Rd from RSF-4 (Residential Single -Family, 4 units per acre) to NS-G (Neighborhood Services — General). While our current development plans do not require commercial use, we believe NS-G is the most appropriate zoning district for this site, both in terms of long-term flexibility and compatibility with the surrounding area. This property sits along Mt Comfort Road, a designated thoroughfare, and lies between two established Tier centers. Given its location between these centers, NS-G is an appropriate transition zone that allows for neighborhood -scale services and a range of housing types, while maintaining a pedestrian -oriented, residential character. NS-G zoning would provide flexibility for future small-scale, neighborhood -friendly commercial uses, which have been encouraged by city planning staff in this area. Although our current plans are residential in nature, we support the vision of mixed -use and neighborhood -scale development along key corridors like Mt Comfort. This rezoning would align with the city's goals of creating walkable, mixed -use neighborhoods and support sustainable growth patterns. We believe this zoning change represents a compatible and context -sensitive approach that balances current development needs with the long-term goals of the community. The scale and intent of NS-G is consistent with nearby land uses and appropriate given the property's location between two activity nodes. Thank you for your consideration of this request. Wesley Bates Compiled Public Comment RZN-2025-0027 Original Message From: Michelle Parker <fotosbymichelle(a_yahoo.com> Sent: Sunday, August 3, 2025 7:44 PM To: Planning Shared<planning(a)fayetteville-ar.gov> Cc: Nathan- Hubby <nute4christ(c)gmail.com> Subject: 3070 W. Mt Comfort 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. Hello, My name is Michelle Parker, and I live at 2306 N. Kenswick Avenue. I received a notification letter of a rezoning adjacent to my home, planned for 3070 W. Mt Comfort, owned by Jean Summerhill, and proposed by Wesley Bates. Currently our neighborhood, as well as all neighborhoods adjacent to this parcel are zoned RSF-4, and I see that the applicant is wanting to change this to 18 units per acre. I am extremely surprised and against this zoning, as are my neighbors. This comes at a complete shock because we do not currently have any type of multi -family homes near us. Several streets down, there are duplex homes, but nothing at the density of 18 units per acre. I don't believe that it fits into this area, or into the city's master zoning plan. I do know that we are trying to move to the new "zones" of having walkable commercial options, however, this density of homes right in the middle of a single family neighborhood would stick out like a sore thumb. I am aware that the city is currently dealing with an affordable housing shortage, but the single family home that currently exists on the property would be a perfect home for a young family that is looking for one. I do not believe that building something that fits into an 18 units per acre development will alleviate the affordable housing problem in any way, and if anything, I believe it would just remove one more opportunity for a Fayetteville family to own their own home. I would like to request that my opinion be forwarded on to my ward 4 representative, and the entire planning commission that will be hearing this request. I would also like to request a copy of the preliminary plans that are being proposed for this property so that I can inform my neighbors that are not familiar with how to share their comments with their representatives. Thank you for your time, Michelle Parker From: Burke <bruss8993(ogmail.com> Sent: Monday, August 11, 2025 12:40 PM To: Brink, Andrew <andrew.brink(cilfayetteville-ar.gov>; Payne, Brad <brad. pavne6djavetteville-ar.gov>; Gulley, Fred <fred. guIlevCa)favetteviIle-ar.gov>; Garlock, Jimm<Timm.garlock(a�favetteville-ar.gov>; Madden, Mary <mare.madden (cDfavetteviIle-ar.gov>; McGetrick, Mary <mary.mcgetrick a( favetteville-ar.gov>; Cabe, Matthew <matthew.cabe(cDfavetteville-ar.gov>; Castin, Nick<nick.castin6d�favetteville-ar.gov>; Werner, Nick <nick.wernerccDfayetteville-ar.gov>; Planning Shared <planninga(�.fayetteville-ar.gov> Cc: ward4 post aMayetteviIle-ar.gov Subject: RZN-2025-0027 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commissioners, I'm writing to request that you reject the application to rezone the property located at the corner of Gooseberry and Mt. Comfort. Compiled Public Comment RZN-2025-0027 The new owners claim they just want to put two dwellings on the property, but they want to rezone it to "neighborhood services -general". I am skeptical of their true intentions. I believe up to four units are permissible under the current zoning, so they need do nothing. I have lived at 2395 Gooseberry for 13 years. I do not want to have a storefront or storefronts there, nor do my neighbors. I really think it should stay a single family home, so it is consistent with the rest of the surrounding area. Also, traffic is already bad enough on Mt. Comfort. Adding a business will make traffic worse and there is no turn lane in that part of Mt. Comfort. The neighborhood currently has access to services at Caseys and the Kum-n-Go on Mt. Comfort and there will be more services when the large development at Mt. Comfort and Rupple are complete. Thank you for your consideration. Regards, Burke Russell 2395 N. Gooseberry Ln. 479-236-6971 bruss8993(oDgmail.com From: Jacob B Hertzog <iacob.b.hertzog(cDgmail.com> Sent: Thursday, August 7, 2025 11:02 PM To: Planning Shared <planning(a�favetteville-ar.gov> Cc: Erica Duncan <ericaboberica(aDgmail. com> Subject: Rezoning of 3070 Mount Comfort 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. To Whom It May Concern, We live at 2278 N. Gooseberry Lane in Fayetteville, directly across from the proposed rezoning of 3070 Mount Comfort. We are distressed by the implications and impact of the proposal. Rezoning this lot to anything other than its current designation as RSF-4 would be detrimental for the street and the neighborhood at -large. We strongly oppose this rezoning for the following reasons: 1. We refute the assertion in RZN-2025-0027, this is NOT a major thoroughfare. Gooseberry Lane is an unfinished, (currently) dead end street. It has no sidewalks and no drainage. It is not wide enough for parked cars. 2. There is no traffic light or signal of any kind. As housing and businesses have spread on Mount Comfort, the peak commuter time traffic makes it impossible to turn left from Gooseberry Lane. 3. Anything other than single family housing would be highly disruptive to the neighborhood. In particular we are concerned about light pollution, noise pollution, and increased vehicle traffic. 4. Businesses of any kind would include grotesque features such as parking lots, dumpsters, commercial air - conditioners, and security lights that we find completely unacceptable. 5. Allowing this rezoning would cause a domino effect on the street and increase pressure on other residents to sell or forfeit their property. 6. There is absolutely no reason that any other proposed idea cannot be accommodated in the large development at Mount Comfort Road and Rupple Road. Compiled Public Comment RZN-2025-0027 Furthermore, we are shocked at the callousness of the developer and the city in working quickly to green -light this proposal. The decision seems to have been made seemingly before you even sought input from community members on the hearing date -August 11th. We also believe that the proposed development is disingenuous, and while the developer currently proposes multiple small homes, the rezoning allows for a gross cadre of possibilities including retail and high density housing, both completely inappropriate for the location. Gooseberry Lane is beautiful - it is a place we can leisurely ride a bike with our daughter. It is generally quiet, filled with birds, mature trees, and multi -generational residents of Fayetteville. We moved here nine years ago from New York and have invested heavily into updating and adding on to our house. We cannot bear to imagine our window looking out at a grocery store, a parking lot, or a cluster of apartments. We do not oppose development on principle, but we completely oppose rezoning 3070 Mount Comfort and we ask the council to reconsider this proposal. Thank you for your consideration. Sincerely, Jake Hertzog & Erica Duncan 2278 N Gooseberry Lane www.'akehertzog.com www.heV'azzguy.com https://us01.z.antigena.com/l/VirOnbZmaggEeZrgv--O-- BIMb9MwBXGnHjL9C86m8dnFiGFl1 oHCWBc6eEJ21 tdwWZJjJPDH9GuawBdUd- UBIyJu7yBCX xLvi355ruWBadJHfM- KgZOPCoAbLz9guFaAXOgD5PeloagBbLgH2SUbk--CUowVt6Gis168ZIv72Tfz4T1--N96Mrz3YFBMSWclz "on" 0i1l vn IV -tom- Cor" m-t Ck 0-7 0 kN Mt. C�mf"�'r R�• ) Q q ov-j , I ow r,.eSic�uv�. 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Crw6 o 1 cq env 22�16 N 6006,qc?>PKAv' 2290� GooS e f / 2 U a3iS G�a�beri� I 30/( mr 6)fil�r� ;C) 2325 5e),,,c rt� 23Zs � G 23ob cost- h�rr� a35a ►� . �r 4L4 33�G y�9.�2z -�3qi y-�.y- 95308° 47q4-lo�O y�y-a3c. -�c9�1 � - 971 - 72 3o�-�c�1�1ZC3 171 (1 YZS'SG63 �O1.6Cr y-7*y 3ol 74qi '17q 3. � 0741�tg E S--.s S I � N 97U... k E ftpmm� WIN= A Imam— 5 S& Z(o T) Icl LIccnhq a3sa N• I�nS utx�l� H��''� 3�5 Ir Z Z �n�saJ �a�fJ s j 6aK�V l�?w� G K � ✓�f�- L17 % G S� " 11 J F t� A 0ni � )IN e5qr WIi ales ��°�� , `f`I�--tya_�t03 z� Lil Yt -Eitf 2,7 00v kwO owl" �Joo� q1I �777`I`1 b U79- +�'lq �?jr PAeE 3 QW, AOW -- _ - -. � I � #(k4.e ,,.Oi 2wmom 3 fq 3(0 ; g I t, tv WT4U, Qlf I A f I Z3j� Al, f6� - y,#kc.� ?z 40el)z Coo 'j August 10, 2025 Re: 3070 W Mt Comfort Rezoning Dear Planning Commission, I'm writing to you as a mother and homeowner on the implications the rezoning of 3070 Mt Comfort will have on our everyday life. I have been a resident of 2278 N Gooseberry Lane for the past 9 years with my husband and three year old daughter. I don't believe that the planning commission team has fully thought out the consequences of what forcing this space into a commercial corner will do to us and other nearby residents. In regard to the potential of having a business directly in front of our home, I've personally worked in retail for small businesses in Fayetteville since moving to town. Not only do you have the traffic of customers, but you have to consider the traffic of constant deliveries of goods. Imagine a grocery store being in front of your home with deliveries of food and product to the store with limited space to park or turn around. Customers stopping by nonstop. A bottleneck of traffic in the narrow entrance of Gooseberry. Dumpsters and constant lighting out of our front door and front windows, which happens to be our three year old's bedroom. How disruptive to our way of life. -What will the noise and light pollution be and until what time of day? -What kind of people will start hanging around the neighborhood? This street is full of families with young children and elderly folks. -Will we have constant cars parking on our curb and turning around in our driveway? How unsafe for our children and safety of our street. Mt. Comfort Road has no turn lane and it is nearly impossible to turn left during rush hours. There is no stoplight. As compared to nearby Raven Lane, it is quite narrow, has no drainage system. It is not a high density connective street and nor should it be forced into being one. That is not why we, and our neighbors, invested in this home and street for our family. Gooseberry Lane is a peaceful, dead end street, and that is why we moved from busy New York City, to this nice, quiet street to raise a family here. We've invested quite a lot financially into renovating our home and find it abhorrent that the city would consider such a change to an all residential neighborhood. Please do not take away the sanctity of our street and risk the safety of our daughter. Keep this area low density residential, as it has been and should stay. I would also like to point out that there is a commercial zone going in very nearby called Mount Comfort Square with a grocery store, coffee shops and restaurants. The developers are PROPERLY and thoughtfully building an infrastructure to withstand this type of traffic, including a turn lane and loads of parking as well as high walkability standards with stop lights. That is how it is done. Not forced into a corner without the infrastructure to withstand it. We must be logical and reasonable as we expand this town. Rezoning a small corner and being disruptive to residential areas is not the way. Thank you, Erica Duncan Additional Information Received Date Received: 10/08/2025 M M/D D/YYYY Time: 5:38 PM 00:00 (AM/PM) From: Jonathan Curth, Development Services Name & Title Director To: City Clerks Office Name & Title Agenda Meeting Date: 10/21/2025 MM/DD/YYYY Civic Clerk Number: 2025-1685 Ex. 2025-994 Forwarded to City Received from Dept. Head with City Attorney's Office and Attorney included. Department Head M T COMFOR 7- A 001 RON - 3� OCK A - � 0 7-5 5A * 9D :DIIOA 100FSP1/F00�PARF00�100F55 : OCKA, 0T OOMTORFADDDIROON 7-00 7-Hf CITY 00� ICJ )"DTTfVILLf /WA5HIN67- GV 0000� ARKAN5A5, , T CERTIF/CA TE OF OWNERSHIP & DED/CA T/ON We, the undersigned owners, representing one hundred percent (1009) ownership of the real estate shown and described herein, do hereby dedicate for public ownership, all streets and alleys as shown on this plot for public benefit as prescribed by low. The owners also dedicate to the City of Fayetteville and to the public utility companies (including any cable television company holding o franchise granted by the City of Fayetteville) the easements as shown on this plat for the purpose of installation of new focilities and the repair of existing facilities. Also established hereby is the right of ingress and egress to said easements, the right to prohibit the erection of buildings, structures, or fences within said easements, and the right to remove or trim trees within said easements. -------------------------------- KONRAD SIEMEK Dote -------------------------------- WES BATES Dote CER71FICA TE OF ACCURACY OF SURVEY l certify that the plat shown and described hereon is a true and correct survey and that the monuments hove been place as shown hereon as required by Regulotions, Standards and Specifications for the Division, Development and Improvement of Unincorporated Land in Washington County". Dote- --------------- Surveyor - ----------------------------- SE TRA CK REOU/REMEN TS ZONE - RI-U - RESIDENTIAL INTERMEDIATE - URBAN FRONT - A BUILD- TO ZONE THA T IS LOCH TED BETWEEN THE FRONT PROPERTY LINE AND A LINE 25 FEET FROM THE FRONT PROPERTY LINE. SIDE - OTHER USES - NONE SIDE - SINGLE & TWO(2) FAMILY - 5 FEET REAR - OTHER USES - 5 FEET REAR - FROM CENTERLINE OF AN ALLEY - 12 FEET A55REV IAF/ON LECEIND O, M, e 6A5 METER F H, e PIRE H YOPM IV 6,A, e OUYANCHOR PP = POWER POLE W V, e WATER VAL VIE W,,M e WATER METER T R, e TELEPHONE 915ER 55M He = SANITARYSEWER MANHOLE 5,D,M,H, = ,5T0 D IN MANHOLE SURVEYORS NOTE: This survey was conducted under the supervision of Clovis W. Satterfield, No. 0147, Ricky Hill, No. 1443, or Jacob Long, No. 1915, Satterfield Land Surveyors, P.A., Certificate of Authorization No. 718. Satterfield Land Surveyors, P.A., 1-(479)-632-3565 Hwy. 71 North, P.O. Box 640, Almo, AR 72921 SURVEYOR'S NOTE: This survey was done to mark the corners on the ground and to show observed structures. Utilities located if Requested according to utility company records, and or above ground inspection. This survey was done from description furnished to us or instruction from the person(s) named on this plat. No title search was done and record ownership, Rights of Way of road and Easements to and across this property must be confirmed by others. The Buyer or Owner of this property should satisfy themselves as to the correct owner through a title search or review by on attorney. SURVEYOR S NOTE.• This property does not lie within the 100- Yeor Flood Zone, according to the Flood Mop for Washington County, Arkansas, Community Panel No. 05143CO204G, Doted: January 25, 2024Okz This plot is copyright material and is provided solely for the use of the person(s) named on this plat and may not be used or distributed to any other person(s) or company for their benefit. No license has been created, expressed or implied to copy the survey without the written consent of Satterfield Land Surveyors, P.A.. No one including the person(s) named, may reproduce this plat. Only authentic copies that appear with the surveyor's seal in red may be used Any copies used without this red seal are considered unauthorized copies and are considered a copyright infringement. After filing with State Surveyors office, survey becomes public record. 20' 10, 0 GRAPHIC SCALE 20' 40' REFERENCE DEED WARRANTY DEED FILEov 2025-00020799 ■ SURVEY REFERENCES 1 I BASIS OF BEARING ARKANSA S STATE PLANE COORDINATES GRID NORTH 1983. ADJOINING Oi, iWfg PARCEL` 765-06526-000 KEVIN 4 CYNTHIA 5M/7H 2255 N 6005E5ERRY LN FAY=EVILLEy AR. 7270.4 ZONED: R`,� 4 N 6462 / 5,44 NE CORNER E 66l 637 / 7 LOF 6, OLOCK A � MT COMFORT ADD. N 25®20'32" W O, 37' I N 6470 / 5, ]761VE CORNERTO AN E. R.O, E 66 / 624, OT 9 OLOCK A—x—x—x—x x—x—x—x—x—xJ T COMFORT: r01A(T-OF�E6/ININERN�647526,45---------------------- �66®5&'�3°'�/000PARENTT CT�LOF LOT l 0 OLOCK A E �661421, 56 /i�IT COMFOR-ADD, 1N�9/CC�RINEF� 3 SURVEYED PROPERTY DESCRIPTION PARENT TRACT Port of Lot 9, Block A, Mt. Comfort Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Beginning at on existing rebor morking the Northeast Corner of said Lot 9. Thence along the East line of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 179.38 feet to o point on the North Right of Way line of West Mount Comfort Rood. Thence leaving said East line and along said North Right of Way line, North 86 degrees 57 minutes 51 seconds West, 100.00 feet to a point on the West line of Lot 9. Thence leaving said North Right of Way line and along said West line, North 02 degrees 27 minutes 18 seconds East, 179.35 feet to a point morking the Northwest Corner of said Lot 9. Thence along the North line of said Lot 9, South 86 degrees 58 minutes 53 seconds East, 100.00 feet to the Point of Beginning, containing 0.42 acres and subject to any Easements of Record. SURVEYED PROPERTY DESCRIPTION L 0 T 9A Port of Lot 9, Block A, Mt. Comfort Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Commencing of on existing rebor morking the Northeast Corner of said Lot 9. Thence along the East line of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 82.09 feet to a set rebor with cop and the Point of Beginning. Thence continue along the East line of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 89.48 feet to a set rebor with cop. Thence leaving said East line, North 87 degrees 19 minutes 56 seconds West, 100.00 feet to o set rebor with cop on the West line of Lot 9. Thence along the West line of said Lot 9, North 02 degrees 27 minutes 18 seconds East, 90.83 feet to a set rebor with cop. Thence leoving said West line, South 86 degrees 33 minutes 45 seconds East, 100.01 feet to the Point of Beginning, containing 0.21 acres and subject to any Easements of Record. SURVEYED PROPERTY DESCRIPTION LOT 9B Port of Lot 9, Block A, Mt. Comfort Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Beginning of on existing rebor morking the Northeast Corner of said Lot 9. Thence along the East line of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 82.09 feet to a set rebor with cop and the Point of Beginning. Thence leaving said East line, North 86 degrees 33 minutes 45 seconds West, 100.01 feet to a set rebor with cop on the West line of Lot 9. Thence along the West line of said Lot 9, North 02 degrees 27 minutes 18 seconds East, 81.36 feet to a point morking the Northwest Corner of Lot 9. Thence along the North line of said Lot 9, South 86 degrees 58 minutes 53 seconds East, 100.00 feet to the Point of Beginning, containing 0.19 acres and subject to any Easements of Record. SURVEYED PROPER T Y DESCRIPTION RIGHT OF WA Y DEDICA TION Port of Lot 9, Block A, Mt. Comfort Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Commencing of on existing rebor morking the Northeast Corner of said Lot 9. Thence along the East line of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 171.57 feet to a set rebor with cop and the Point of Beginning. Thence continue along the East line of said Lot 9, South 02 degrees 27 minutes 18 seconds West, 7.81 feet to a point on the North Right of Way line of West Mount Comfort Rood. Thence along said North Right of Way line, North 86 degrees 57 minutes 51 seconds West, 100.00 feet to o point on the West line of Lot 9. Thence along the West line of said Lot 9, North 02 degrees 27 minutes 18 seconds East, 7.16 feet to o set rebor with cop. Thence leaving said West line, South 87 degrees 19 minutes 56 seconds East, 100.00 feet to the Point of Beginning, containing 0.02 acres and subject to any Easements of Record. O SR.B. = SET 1/2" REBAR W/ CAP O 5 P/K N. = SET P/K NAIL O S R. R S = SET RAILROAD SPIKE O S N. = SET NAIL • E R. B = EXISTING REBAR • E. L P• = EXISTING IRON PIN • E P/K N = EXISTING P/K NAIL • E. N. = EXISTING NAIL • E. R. R. S. = EXISTING RAILROAD SPIKE = EXISTING GOVERNMENT MONUMENT = EXISTING STONE = EXISTING STATE MONUMENT O = EXISTING R/W MARKER —x— = EXISTING FENCE 0 = COMPUTED POINT F• C. = FENCE CORNER SURVEYORS DISCLAIMER AND STA TEMENT OF USE This survey wos conducted by the written or verbol outhorizotion of the person nomed os the buyer and/or Use SIURVEYOR: RICKYHILL /JACOB LONE' CONTACT, Wf,5Lf Y oA Tf5 022 5 ffBALM/ A Vf by os shown on this plot. No one hos the outhority to use the doto or /ego/ description from this survey except those nomed or their ogents and the survey is only certified to the dote shown on this plot. This plot is protected by copyright and ony person other thou those homed using or relying upon this lot will be held responsible. Sotterfield Lond Surveyors, p p y P.A. will not be responsible or hove ony liability to any other person or compony who uses this plot without written outhorizotion. After filing with Stote Surveyors office, survey becomes public record 1526 HWY 7/ NORTH ALMA, AR, 72021 THO�� (470)632-3565 EMAIL hl'ky'0'1'V'y�l9o�" jlong 515urveyny,coa� �A YfTTf /Ill Lf A� 7270 � ✓�� FHDNf, 4O �i,9-55-54�✓11Q/ DRAWN BY.• D. REG. ARK & OKLA. 1928 HWY. 71 NORTH, ALMA, ARK. - PHONE No. (479) 632-3565 FAX (479) 632-5002 - WEBSI TE: http://www.slsurveying.com SCALE: 1 = E20 DATE 9 15 25 JOB NO. 49, 863 Additional Information Received Date Received: 10/08/2025 M M/D D/YYYY Time: 5:38 PM 00:00 (AM/PM) From: Jonathan Curth, Development Services Name & Title Director To: City Clerks Office Name & Title Agenda Meeting Date: 10/21/2025 MM/DD/YYYY Civic Clerk Number: 2025-1685 Ex. 2025-994 Forwarded to City Received from Dept. Head with City Attorney's Office and Attorney included. Department Head What do we envision for the future? ow City Plan 2040 Goals 1. We will make appropriate in1 ll and revitalization our highest priority 2. We will discourage suburban sprawl 3. We will make compact, complete, and connected development the standard 4. We will grow a livable transportation network S. We will assemble an enduring green network 6. We will create opportunities for attainable housing u 2306 0 23 2299 Z3154 3)33210 3200 304 3162 1 Y�Y 2794 2277 W Westbury St 2)6u 7751 332)',334n253 zz35 3235 3)17 3199 3163 31613110 r300 33 NS1-G on 2306 7799 2278 IN e G�2)46 too' Y 3090;®O t09 3016 Z• W Mount Comfort Rd 2640 2637 2301 W Meadowlark Or -- - _-- - _z__ i -__ 2241 — 2230 7057 2649 2041 )O)5 2225 3008 2996 )946 )916 )906 )054 7040 7037 - 1-t—r`t-d F.d E Harold St E Briarchtf St 2 rr E coltiJ;1U _ t O E Eton St T n E Furman st E Rolling Hills Or E Oakcliff St u Q E Rosemont St v a c � r 0 0 0 3 t U 2 E Hilldale pr NS-G 3016 County Rd 84 Q Fayetteville, Arkansas r{ Snare a X Nov 2007 See latest date .,yam 6 •. � l - 2948 W Mt Comfort Rd Q Fayetteville, Arkansas -"R • Google Street Yew ''( Mar 2026 See more dates Streets p� t r 2021 May 2018 Apr 2014 May 2013 t i Why are we doing this? - Single family along Mt Comfort made sense when the house was built - Mt Comfort is a busy road. It is not appropriate to force homes to be along Mt Comfort From EPA: People who live and work near sources of air pollution can be exposed to higher levels of air contaminants, many of which contribute to adverse health effects including: • reduced lung function, • asthma, • cardiovascular disease, and • premature death. From Realtor.com: Homes near noisy environments can sell for up to 20% less W How do we define "busy" . Gregg near Township North at Razorback Greenway Razorback near football stadium Volume Count a`0 .. 18,000 00 00 (.1 b Loom to `-' Begin Log Mile: 0.000 End Log Mile: 2.028 Length: 2.028 Miles ADT 2024: 18,000 ADT 2023: 18,000 ADT 2022: 17,000 ADT 2021: 18,000 ADT 2020: 17,000 ADT 2019: 15,000 ADT 2018: 15,000 ADT 2017: 13,000 ADT 2016: 13,000 ADT 2015: 12,000 ADT 2013: 11,000 ADT 2012: 10,000 ADT 2011: 8,500 ADT 2008: Rniita Linn- 7,900 C^it�i Ctraat What makes a complete neighborhood ? Regional Link Street Mixed -use development Multiple transportation options Access to daily needs Diverse housing options Green spaces Equity and inclusivity r, n , 52z-� 5 year plan: multi use trail -->Prerequisite Access to be determined at development Keeping Development Accessible and Authentic • We need both greenfield mixed -use and adaptive reuse • Adaptive reuse keeps costs lower and gives entrepreneurs a foothold • Relying only on greenfield projects prices out small, local tenants UCr C, Mt. Comfort Square, Located in West Fayetteville Compromise - We thought we had agreement. Doubts arose and made us reconsider. - What would we feel good about? - Neighborhood commercial along Mt Comfort - RSF-18 to create self imposed residential buffer - No change to RSF-4 to the north of our property - Productive discussions with neighbors and listened to feedback - Can add gentle density without impacting character of the neighborhood Jacob B Hertzog icob.b.hertzog@gmail.com> Tue, Sep 2, 11:26PM (6 days ago) * u <-) to planning, deveiupmentservices, teresa.turk, monique.jones, bob.stafiord, dandre.jones, sarah.moore, mike.wiederkehr, scott.berna, sarah.bunch, mayor, me, ksiemek, bekahrosesmith, cynthia, Kat Dear Mayor Rawn, Members of Fayetteville City Council, City Planning Staff, and Development Services, I am writing on behalf of the residents of N. Gooseberry Lane regarding the appeal of Rezoning Proposal 2025 0027. We remain strongly opposed to the original proposal that the planning commission denied on August 11th, a change to NS-G, and we are opposed to any commercial rezoning of 3070 Mount Comfort. We have had many discussion with the developers over the last several weeks and we are grateful for their responsiveness to our concerns. As of August 31st, we are pleased to share that we have reached a compromise: As residents of Gooseberry Lane we would support a change to RSF-18. We support their plan as it has been described to us, to build two additional single-family, single -story homes to the north of the existing structure. A change to RSF-18 allows for the type of homes that the developers hope to build, and prevents the ///�� ///777 commercial possibilities that we hope to avoid. RMA15A5. /;;t Ue AK 7Y764 /are swam .rr- a Nt0'PV%rwo..s7 Ni17!/0.7i ACCCMWI 1zaYa's41�:- RJANEUL Ar !Llc".5 Lola a(= QQQ .2.017-a-v_z-. - �� -a1 AQ. CCN/GVALR rMTCF /wcnvr uorAe,. xst:�rrsx s. NWCMIQ OV 0. A?. Cd/C7trAfAv aL=A qLm = yy¢¢ � ;YF343! � renoe � 00. er6 ' P7, iRoca I COT 9B /9 ACRf5 h, wrn of B/72.36 i r. I e gron ; o �j O t LI I I :onas 1C• eb �I Lor91 A ? cop a i o I N5 W/Q70/ a ems. I3 '�L'4�3X aI �! € t3°3)3'v�R� � r ?s4�z1., QN. - /YIl.ot' sr. y+3 y set a 0.2/ AOM 5 LOr 9.014.7J90.rT I VnqasA e r. I q corn. i :.p e tt3� 3�s�s :roost a .a > I ®�y. �k IG/Yra I 7r R A/47•/95e• /co00 ew nav t 3 sri - - -7 /6" :one, 97 P'. _ CP..A'A$Yr ��-L-7-1� ra 7.B/' . � : •, �, ... --- -- - a-- q , -, �irta �� at�1� tas �t3 _ { RIC."T Of WAY O 02 ACRfS i +Rt4r�t?t?saat�t 7485/SOfT.- x Why no Bill of Assurance? - We agree with staff's recommendation of NS-G and the uses allowed under that zoning - BoA creates additional work for staff and complexity down the road - Met with neighbors to discuss Bill of Assurance. Received email stating they do not support any uses under NS-G. aJacob B Hertzog Fri, Oct 3, 12:02 PM (3 days ago) Q E to Jonathan, cynthia, Kevin, Michael, Kathy, kzoch111, Joyce, Jessica, Austin, shields05, bekahrosesmith, Russell, Erica, Ashleigh, Jessica, Planning, me, Konrad Dear Jonathan, Thank you for your time on phone. As a quick response to the residential uses allowed to NS-G, the only one that our neighborhood supports is "single family dwellings". (Note this was part of the earlier discussion of RSF-18). Thank you again, Jake Hertzog Mt Comfort doesn't have to be like this Incremental Development More Affordable More Organic Preserves Allows for slower g rowth Compromising Additional Information Received Date Received: 11 /03/2025 M M/D D/YYYY Time: 4:36 PM 00:00 (AM/PM) City Attorney's Office Naoo &Title To: City Clerk's Office Name & Title Agenda Meeting Date: This item was reconsidered at the MM/DD/YYYY 11/04/2025 City Council meeting. Civic Clerk Number: 2025-1685 Ex. 2025-994 Forwarded to City Received from City Attorney's Office with Attorney's Office and Department Head included. Department Head OFFICE OF THE CITY ATTORNEY TO: CC: FROM: DATE: RE: DEPARTMENTAL CORRESPONDENCE Mayor Rawn City Council Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Jonathan Curth, Development Services Director Paralegal Blake Pennington, Senior Assistant City Attorne November 3, 2025 RZN-2025-0027 - 3070 W. Mount Comfort Road I received the attached bill of assurance from Wes Bates, the applicant on RZN- 2025-0027 at 3070 W. Mount Comfort Road, who had requested a rezoning of the property from RSF-4 to NS-G. The City Council voted to deny this rezoning application by a vote of 5-3 on October 21. I have heard from the applicant and a representative of the neighborhood that the vote to deny may be reconsidered tomorrow evening, which would be the last opportunity to make such a motion to reconsider. In the event a motion to reconsider passes, the applicant has asked that the City Council accept this bill of assurance as part of the rezoning. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of my request for a zoning reclassification of NS-G ) for the following property: {3070 W Mt Comfort), I, as the authorized agent for the owner or buyer of this property, _Wesley Bates and Konrad Siemek� (hereinafter called "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fayetteville City Council: 1. The area proposed to be rezoned to (NS-GI shall be limited to the following Permitted Uses: N/ A 2. Other restrictions including height of, number, and type of structures upon the property are limited to: N/ A 3. Specific activities that will not be allowed upon Petitioner's property include: Day Care, Dry Cleaning, Apparel, Bakery / Pastry Shops, Coffee Shop, Delicatessen, Drugstore, Food Specialty Stores, Grocery, Hardware Store, Health Food Store, Ice Cream, Meat Market, Restaurant / CafC-, Small Appliance Repair, Toy Store, Video Rental, Public Protection and Utility Facilities, Eating Places, Commercial Recreation (Small Sites), Multi -family Dwellings, Private Dormitories, Three- and Four -family Dwellings, Sidewalk Caf6s, Cluster Housing Development, Government Facilities, Wireless Communication Facilities, Two-family Dwellings, Cultural and Recreational Facilities, Small Scale Production, Vape/smoke shop, dispensary, Gunsmith, industrial laundry, auto accessory store, boat accessory store, tool sharpening 4. Any other terms or conditions: N/A Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of Petitioner's property affected by the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Wesley Bates and Konrad Siemek, as the authorized agent of Petitioner voluntarily offer all such assuran%cesj and sign my name below. qf Pnn ed Name of Authorized Agent Position or Title of Authorized Agent Signature Date NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON ) On this, the -- day of O�ibcr J 20-tC, before me, the undersigned notary, personally appeared Uul,W "aasA k known to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. My Commission Expires: Amww- ktp-�J- - N&IARY PUBLIC JENNI S7'0DDARD Notary Public - Arkam,is Washington County Cummission p 1272316 1 My Commission Expires Apr 19, 1033 Form 0.55 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 553881 PO #: Matter of: ORD 6924 AFFIDAVIT • STATE OF ARKANSAS ECEIVE 11/12/2025 CRY OF FAYETTEViLLE CITY CL.ERE OFFICE I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6924 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $103.36. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11109125, NWA nwaonline.com 11109125 7, !J- ---- � Z ", - Legal Cldw State of ARKANSAS, County of Sebastian Subscribed and sworn to before me on this loth day of November, 2025 now_-, ` ..�.Y PUBLIC �\U111IIIII//,/ 22-2 �p . 3� F-j :> �OTARy N =cn;g a.•-M Q= —y'.no �i//i/N C,OU NI ��\`\\ Ordinance: 6924 File Number: 2025-1685 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 27 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 3070 WEST MOUNT COMFORT ROAD IN WARD 4 FROM RSF-4, RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - GENERAL AND RSF-18, RESI- DENTIAL SINGLE FAMILY, 18 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo from RSF-4, Residential Single - Family, Four Units Per Acre to NS-G, Neighborhood Services - General and RSF-18, Residential Single Family,18 units per acre subject to a bill of assurance. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on November 4, 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: $103.36 November 9, 2025 553881