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HomeMy WebLinkAboutOrdinance 6943113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6943 File Number: 2025-2426 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN-2025-52 FOR APPROXIMATELY 0.20 ACRES LOCATED SOUTH OF 111 EAST ROCK STREET IN WARD 1 FROM R-O, RESIDENTIAL -OFFICE TO DG, DOWNTOWN GENERAL 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 R-O, Residential -Office to DG, Downtown General. 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 December 2, 2025 Approved: at -�O� Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 85.12 Page 1 RZN-2025-0052 SOUTH OF 111 E. ROCK ST Close Up View MOUNTAIWST-w 0 W �p J M J W O ROC SOUTH 4TH�S Urban Center Alley Residential Link Hillside -Hilltop Overlay District Design Overlay District ~ Planning Area _ ! Fayetteville City Limits iR W Q W W J J, 0 0 MOUNTAIN•RT W Q z 0 c� _z 9 Feet 0 75 150 300 450 600 1:2,400 RZN-2025-0052 Exhibit 'A' r/F Zone Current Proposed DG 0.0 0.2 R-O 0.2 0.0 Total 0.2 ac RZN-2025-0052 EXHIBITS' flintlock September 25, 2025 222 S COLLEGE Legal description Parcel # 765-02973-000: • W 100 FT LOT 8 BLOCK 2 • The West 100 feet of Lot 8, Block 2, Boles Addition, to the City of Fayetteville, Washington County, Arkansas, as shown on plat record X2 at page page 76. • Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect 479.305.4807 528 N COLLEGE, SUITE 3, FAYETTEVILLE AR 72701 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 2, 2025 CITY COUNCIL MEMO 2025-2426 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: RZN-2025-0052: Rezone (SOUTH OF 111 E. ROCK ST./KCMS, 524): Submitted by FLINTLOCK LTD for property located SOUTH OF 111 E. ROCK ST in WARD 1. The property is zoned R-O, RESIDENTIAL -OFFICE, and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff and the Planning Commission recommends approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on the west side of the alley that connects E. Rock Street and E. South Street, between S. College Avenue and S. Mill Avenue. The property contains one parcel totaling 0.20 of an acre which is currently undeveloped. A concept plat (CPL-2025-0008) has been submitted for the development of cluster housing with additional discussions between the applicant and staff about multi -family development. The property is not part of any zoning overlay or master plan area. Request: The request is to rezone the subject property from R-O, Residential -Office, to DG, Downtown General. Public Comment: Staff has received two public comments in opposition to this request, with primary concerns centered around lack of planning, concerns for compliance with the future Downtown Master plan, traffic increase, and cluster housing density. Land Use Compatibility: Staff finds the proposed zoning of DG, Downtown General to be compatible with the surrounding area. DG is designed to support and allow a diverse range of residential, commercial, and institutional uses, which compliments a similar diversity of uses located nearby (e.g., varied housing, Yvonne Richardson Community Center, Penguin Ed's, Feed & Folly, and downtown Fayetteville). This contrasts with R-O which has limited by -right residential uses and is focused predominantly on allowing office commercial use. The property only fronts on to an alley, and with the City passing Ord. 6869, it is permissible for alleys to be used as frontage, allowing for this property to be developed. Like the nearby DG, RMF-24, and RI-U zoning districts, DG is an urban -form district which has a 0 to 25-foot build to zone, promoting pedestrian -oriented development by encouraging buildings to be constructed closer to the front property line. Additionally, the bulk and area requirements for R-O are considerably greater (60-90 lot widths for single- to three-family) than the 18-foot width requirement of DG, which allows for more residential development opportunities on smaller Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 properties. The area requirements of R-O are more intense as well requiring 6,000 to 8,000 square feet of lot area for development compared to DG not having any. The setbacks for R-O are significantly greater than DG, further highlighting the required size of any property for development. Given the use allowances and greater flexibility for development that DG permits, Staff finds that rezoning the subject property to DG would allow for greater opportunities for development in the area that are compatible. Land Use Plan Analysis: Staff finds that a rezoning to DG would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as Residential Neighborhood Area; these areas are intended to support a wide variety of housing types in walkable urban neighborhoods. A rezoning to DG could allow for the creation of residential opportunities due to the reduced lot size requirements, which can in turn can allow for diverse housing types. The property has a high infill score of 9, which indicates that this area is a suitable location for additional infill because of the available local infrastructure and development. The subject property is located near a Tier 1 city node that is centered on the Downtown Square, 1,900 feet away. As per the City's 2040 plan, "buildings found in a Tier One Center include multi -story residential and commercial with a dense mix of shops, homes, jobs, and amenities." Staff finds that the requested rezoning could allow for the creation of missing middle housing that meets City Goals #1 (appropriate infill), #3 (compact development), and #6 (attainable housing options). CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 9 attributes. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8-inch main, S. College Avenue (separate from subject property to the west)) • Near Water Main (8-inch main, S. College Avenue (separate from subject property to the west)) • Near U of A Campus • Near City Park (Yvonne Richardson Community Center; Ralph "Buddy" Hayes Park) • Near Paved Trail (MLK side path) • Near ORT Bus Stop (Willow & Huntsville; Willow & Rock; Huntsville & Ray; N. College & Center (East)) • Near Razorback Bus Stop (Downtown Square) • Near Sufficient Intersection Density DISCUSSION: At the November 10, 2025 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Cabe made the motion with Commissioner Castin seconding. One member of the public attempted to speak at the meeting; however, a communication error resulted in them not being heard. That speaker's comment was added to the Planning Commission report that is included in the report. BUDGET/STAFF IMPACT: ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report 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 #: 2025-2426 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN-2025-52 FOR APPROXIMATELY 0.20 ACRES LOCATED SOUTH OF III EAST ROCK STREET IN WARD 1 FROM R-O, RESIDENTIAL -OFFICE TO DG, DOWNTOWN GENERAL 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 R-O, Residential -Office to DG, Downtown General. 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 City of Fayetteville Staff Review Form 2025-2426 Item ID 12/2/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/14/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2025-0052: Rezone (SOUTH OF 111 E. ROCK ST./KCMS, 524): Submitted by FLINTLOCK LTD for property located SOUTH OF 111 E. ROCK ST in WARD 1. The property is zoned R-0, RESIDENTIAL -OFFICE, and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Budget Impact: Account Number Project Number Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ - fi Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: November 10, 2025 Updated w/ meeting results SUBJECT: RZN-2025-0052: Rezone (SOUTH OF 111 E. ROCK ST./KCMS, 524): Submitted by FLINTLOCK LTD for property located SOUTH OF 111 E. ROCK ST. The property is zoned R-O, RESIDENTIAL -OFFICE, and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2025-0052 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "1 move to forward RZN-2025-0052 to the City Council with a recommendation for approval." BACKGROUND: The subject property is located in an alley between E. Rock Street and E. South Street about 300 feet southeast from the S. Nelson Hackett Boulevard and E. Rock Street intersection. The property contains one parcel totaling 0.20 of an acre which is currently undeveloped. A concept plat (CPL-2025-0008) has been submitted for the development of cluster housing with additional discussions between the applicant and staff about multi -family development. The property is not part of any zoning overlay or master plan area. Surrounding land uses and zoning are listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Two -Family Residential R-O, Residential -Office South Undeveloped DG, Downtown General East Single -Family Residential RMF-24, Residential Multifamily, 24 Units per Acre West Single -Family Residential; Undeveloped DG, Downtown General Request: The request is to rezone the subject property from R-O, Residential -Office, to DG, Downtown General. Public Comment: To date, staff has not received any public comment. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property's western frontage, an alley, is partially improved with asphalt paving. Any street improvements required in these areas would be determined at the time of development proposal. Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 1 of 15 Water: Public water is not available to the subject area. Sewer: Sanitary sewer is not available to the subject area. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA floodplain. Additionally, no protected streams or hydric soils are present on the subject property. Any improvements or requirements for drainage will be determined at time of development. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.7 miles 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 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 DG, Downtown General, requires 10% minimum canopy preservation. The current zoning district of R-O, Residential -Office, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 9 for this site with a weighted score of 12.5. The following elements of the matrix contribute to the score: • AdequateFire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8-inch main, S. College Avenue (separate from subject property to the west)) • Near Water Main (8-inch main, S. College Avenue (separate from subject property to the west)) • Near U of A Campus • Near City Park (Yvonne Richardson Community Center; Ralph "Buddy" Hayes Park) • Near Paved Trail (Willow Avenue) • Near ORT Bus Stop (Willow & Huntsville; Willow & Rock; Huntsville & Ray; N. College & Center (East)) • Near Razorback Bus Stop (Downtown Square) Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 2 of 15 • Near Sufficient Intersection Density 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 zoning of DG, Downtown General to be compatible with the surrounding area. The DG zoning use schedule is designed to support and allow a diverse range of residential, commercial, and institutional uses, which are located nearby (e.g., varied housing, Yvonne Richardson Community Center, Penguin Ed's, Feed & Folly, and downtown Fayetteville). Compare that with R-O which has limited by -right residential uses and is focused predominantly on allowing office commercial use. The property only fronts onto an alley, and with the City passing Ord. 6869, it is permissible for alleys to be used as frontage, allowing for this property to be developed. Like the existing R-O and nearby DG, RMF- 24, and RI-U zoning districts, DG is an urban -form district which has a 0 to 25-foot build to zone, promoting pedestrian -oriented development by encouraging buildings to be constructed closer to the front property line. Additionally, the bulk and area requirements for R-O are considerably greater (60-90 lot widths for single- to three-family) than the 18-foot width requirement of DG, which allows for more development opportunities on smaller properties. The area requirements of R-O are more intense as well requiring 6,000 to 8,000 square feet of lot area for development compared to DG not having any. The setbacks for R-O are significantly greater than DG, further highlighting the required size of any property for development. Given the use allowances and greater flexibility for development that DG permits, Staff finds that rezoning the subject property to DG would allow for greater opportunities for development in the area. Land Use Plan Analysis: Staff finds that a rezoning to DG would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as Residential Neighborhood Area; these areas are intended to support a wide variety of housing types in walkable urban neighborhoods. A rezoning to DG could allow for the creation of residential opportunities due to the reduced lot size requirements, which can in turn can allow for diverse options of housing types. The property has a high infill score of 9, which indicates that this area is a suitable location for additional infill because of the available local infrastructure and development. The subject property is located near a Tier 1 city node, which is located at the Downtown Square, 1,900 feet away. As per the City's 2040 plan, "buildings found in a Tier One Center include multi- story residential and commercial with a dense mix of shops, homes, jobs, and amenities." Staff finds that the requested rezoning could allow for the creation of missing middle housing that meets City Goals #1 (appropriate infill), #3 (compact development), and #6 (attainable housing options). 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 3 of 15 Finding: Staff finds that the proposed rezoning from R-O to DG is justified. Rezoning to DG would allow for infill development that is consistent with the City's planning objectives and policies. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to DG has the potential to increase traffic along adjacent streets, but only minimally as the size of the property is small with significant topography challenges, capping density. 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 R-O to DG has the potential to increase population density, though it is not likely to undesirably increase the load on public services. The property does not have access to existing water and sanitary sewer infrastructure, though this could be developed due to its close proximity to existing mains. The subject property is close to other public services. 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-2025-0052 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION Required YES IlDate: November 10, 2025 O Tabled 0Forwarded O Denied w/ a Motion: Cab- recommendation IlSecond: Castin of approval Vote: 8-0-0 Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 4 of 15 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.20 District R-O, Residential Office o §161.28 Downtown General • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Request Letter Two public comments updated 11/12/2025 Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 5 of 15 161.20 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services 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 11 Manufactured home ark* Unit 13 Eating laces Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 1 Small scale production Unit 48 1 Private dormitories (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Page 6 of 15 Two 2 family 60 feet Three 3 or more 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two 2 family 6,500 square feet Three 3 or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two 2 or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right- of -way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form Setback Regulations: Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 7 of 15 Front A build -to zone that is located between the front property line and a line 25 feet from the front property line Side 5 feet Side -zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is filed.** The remaining side setbacks shall be 10 feet Rear None Rear when contiguous to a 15 feet single family residential district (F) Building Height Regulations. Building Height Maximum 15 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7- 19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 2, 3, 4-2- 19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25) Editor's note(s)-Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (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 November 30, 2025 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 November 10, 2025 RZN-2025-0052 (KCMS) Page 8 of 15 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Page 9 of 15 (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 15 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6- 18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1- 16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (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 November 30, 2025 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 November 10, 2025 RZN-2025-0052 (KCMS) Paqe 10 of 15 RZN-2025-0052 One Mile View 1 1 DICKSON II 1 1 1 II 1 1 I I 11 i 1 Neighborhood Link Regional Link - High Activity Urban Center — Unclassified — Alley — Residential Link — — Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits iPlanning Area SOUTH OF 111 E. ROCK ST bject Property WE, Su Planning Area Fayetteville City Limits --- g R-O ORTH fa I R-A RSF-4 y RSF-8 I LurHFR 4TBLVpr 'I L I ILLF,Rnuj November 10, 2025 RZN-2025-0052 (KCMS) Paqe 11 of 15 RZN-2025-0052 SOUTH OF 111 E. ROCK ST Close Up View MOUNTAIWST-w 0 w �p J M J W O ROC SOUTH 4TH�S Urban Center Alley Residential Link Hillside -Hilltop Overlay District Design Overlay District ~ Planning Area _ ! Fayetteville City Limits iR W Q W W J J, 0 0 W Q z 0 c� _z co 9 Feet 0 75 150 300 450 600 1:2,400 r/F Zone Current Proposed DG 0.0 0.2 R-O 0.2 0.0 Total 0.2 ac November 10, 2025 RZN-2025-0052 (KCMS) Paqe 12 of 15 November 10, 2025 RZN-2025-0052 (KCMS) Paqe 13 of 15 RZN-2025-0052 SOUTH OF 111 E. ROCK ST 4& Future Land Use NORTH LAFAYETTE;ST I ni L DICKSON I Residential ITS Neighborhood l�I _J - . ■ Subject Property �O loft 94- JLU , ID / O I MARTIN LU_THER MARTIN LUTHER KING RBLVD KING JR BLVD H � VILLE RD ------- VNTS city 0 Neighborhoo n I G 2 I Civic and N O Private O Open Space Z D / O Ilk 1 Neighborhood Link City Neighborhood Regional Link - High Activity Civic Institutional Urban Center Civic and Private Open Space Unclassified Industrial — Alley Feet Natural Residential Link Planning Area Non -Municipal Government Fayetteville City Limits 0 305 610 1,220 1,830 2,440 Residential Neighborhood Trail (Proposed) 1:10 000 � Rural Residential — _ I Design Overlay District ' Urban Center annlnq Commission November 10, 2025 RZN-2025-0052 (KCMS) Page 14 of 15 f 1 intlock September 25, 2025 222 S COLLEGE PETITION TO CHANGE ZONING OF A SINGLE LOT TO: The Fayetteville City Planning Commission & The Fayetteville City Council Flintlock Ltd Co requests that the zoning designation of the following lot (parcel # 765-02973-000) be changed from Residential Office (R-0) to Downtown General (DG): 222 S College Avenue (765-02973-000) REASON FOR ZONING CHANGE REQUEST / STATEMENT OF NEED: The zoning change request will allow for rational redevelopment of the lot. RO is not suited for this type of lot, as it does not have traditional street frontage, and it is currently surrounded by the DG zoning district. The DG zone was designed to promote "a flexible and dynamic range of uses" and allows for narrow lot width and no lot area minimum, which will help in the development of this lot and its compatibility with the surrounding neighborhood. IMPACT ON NEIGHBORS & CITY: The requested zoning change will minimally impact the surrounding properties in terms of land use, traffic, and signage. It is not expected to increase traffic danger or congestion. Parking will be off street, located on the property. Water and Sewer are available at the flag lot of this property. For noise purposes, the DG district is a residential zone. The proposed zoning is the most well -matched change that will allow the site to be compatible with the adjacent growth. CONSISTENT WITH LAND USE PLANS: It is our opinion that the proposed zoning change is entirely consistent with both land use planning objectives, principles, and policies and is consistent with the neighborhood. The Future Land Use Map calls out the flag lot to be designated as City Neighborhood, which "supports the widest spectrum of uses and encourages density in all housing types...". The rezoning will allow the property to be developed in a manner that is directly in line with the City's 2040 goal to "...make appropriate infill and revitalization our highest priorities." Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect 479.305.4807 528 N COLLEGE, SUITE 3, FAYETTEVILLE AR 72701 Planning Commission November 10, 2025 RZN-2025-0052 (KCMS) Paqe 15 of 15 Frank, Wes From: Planning Shared Sent: Monday, November 10, 2025 8:32 AM To: Frank, Wes Subject: FW: RZN-2025-0052 Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 -----Original Message ----- From: Kelley Schwarting <adorned@me.com> Sent: Sunday, November 9, 2025 5:41 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0052 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 Planners, The unspecified use of this land south of Rock has me concerned. If it will be cluster houses does that need a DG zoning? Or will it later be joined with adjacent land and turned into a 5 story mega apartment building further eroding our tiny neighborhood. I think random rezoning should not be happening without a plan. Currently the Downtown Master is being looked at and rezoning tiny parcels should be put on hold until we know exactly the future Downtown Master plans. It's a slippery slope once rezoned without a proper plan mind. Kelley Schwarting 324 S East Ave 1 Frank, Wes From: Planning Shared Sent: Monday, November 10, 2025 8:32 AM To: Frank, Wes Subject: FW: RZN-2025-0052 (KCMS) For you Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 FAY ETTEVILLE g4r•N11SAS From: Schuyler Schwarting <schuylerschwarting@gmail.com> Sent: Sunday, November 9, 2025 7:46 PM To: Planning Shared <planning@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; schuylerschwarting@gmail.com Subject: RZN-2025-0052 (KCMS) 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 am writing to you today to ask that you deny the rezoning request for RZN-2025-0052 which is for the alleyway south of 111 E. Rock St. Finding of the Staff. When Staff states that rezoning the subject property to DG would allow for greater opportunities for development in the area. My Response: What they are saying is that it allows for a more dense development on a small parcel that will adversely affect the surrounding neighborhood. 3) A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Staff Finding: Rezoning the property to DG has the potential to increase traffic along adjacent streets, but only minimally as the size of the property is small with significant topography challenges, capping density. My Response: This property is only part of the potential development. KCMS owns the 2 huge lots on S. College Ave just adjacent, to the west of this parcel. So, this is only one piece of the potential development. And there are 2 more large parcels to the south of these lots. Also, any traffic from this 3+ lot development will create a traffic flow problem. Currently, the only way to travel south of these parcels you would have to traverse through the neighborhood to get to South St. There are no left(south) turns from E. Rock St and Nelson Hackett and no left(south) turns on S. College and Nelson Hacket. We will not be able to withstand another multi family development that would increase traffic danger and congestion and adversely affect the quiet neighborhood. The recently approved 138 unit multi family development, Urban Lofts, on South St and Nelson Hackets will already be an issue once it is built at this intersection. 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. Staff Finding: Rezoning the property from R-O to DG has the potential to increase population density, though it is not likely to undesirably increase the load on public services. The property does not have access to existing water and sanitary sewer infrastructure, though this could be developed due to its close proximity to existing mains. My Finding: There are existing water and sewer lines on the adjacent property and lots that the applicant, KCMS Development owns. 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. Staff Finding: N/A My Finding: There are no reasons why this property is needed to be rezoned. The current zoning of R-O allows for the initial request of cluster housing in which I am in favor of. Also, by leaving it with the existing zoning of R-O, if they did want to develop a small multi -family development, they could submit it for review and obtain a conditional review showing how they will affect the surrounding neighborhood and street traffic. Thanks for your consideration on the denial of this rezoning request. Sincerely, Schuyler Schwarting 324 S. East Ave. Fayetteville, AR. 72701