HomeMy WebLinkAboutOrdinance 6953Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6953
File Number: 2025-2551
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-54
FOR APPROXIMATELY 0.20 ACRES LOCATED AT 187 E. 12TH STREET IN WARD 1 FROM NC,
NEIGHBORHOOD CONSERVATION TO UN, URBAN NEIGHBORHOOD
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 NC, Neighborhood Conservation to UN, Urban Neighborhood.
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 16, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
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EXHIBIT A
RZN-2025-0054
EXHIBIT B
Lot Ten (10), Block Four (4), of Berl Dodd Addition to the City of Fayetteville, Washington
County, Arkansas, as designated upon the recorded plat of said Addition on file in the
office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.
Subject to easements, rights-of-way, restrictions, and protective covenants of record, if any.
Subject to all prior mineral reservations and oil and gas leases.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2551
MEETING OF DECEMBER 16, 2025
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-2025-0054: Rezoning (187 E. 12th ST./ROSENGARDEN, 563): Submitted by
WESLEY BATES for property located at 187 E. 12TH ST in WARD 1. The property is
zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20
acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD.
RECOMMENDATION:
City Planning staff recommend denial and the Planning Commission recommend approval of a request to
rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is located in central Fayetteville approximately 200 feet east of Walker Park at the corner
of E. 12th Street and S. Washington Avenue. The property contains 0.20 of an acre and is developed with a
single-family dwelling that Washington County records indicate was constructed in 2003. The property is
zoned, NC, Neighborhood Conservation, which it received in 2008. The property is located within the Walker
Park Master Plan Area.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to UN, Urban
Neighborhood.
Public Comment: To date, staff has received no public comment regarding this request.
Land Use Compatibility: Staff finds the proposed zoning of UN, Urban Neighborhood to be incompatible with
the surrounding area land uses. Like the existing NC zoning district, UN is an urban district which has a 0- to
25-foot buildto zone, promoting pedestrian-oriented development by encouraging buildings to be constructed
closer to the street. What sets Urban Neighborhood apart is it is designed to both support and allow for a
diverse range of housing and non-residential types, which would be an outlier in this area of the Walker Park
neighborhood. The permitted uses in the UN zoning district include development of small commercial, multi-
family, and others that exceed the allowances of nearby zoning districts. The conditional uses of NC do allow
for additional development and infill opportunities that would be more in character with the area than upzoning
to a more intense district. UN, when compared to NC, allows for smaller lot sizes, reduced setbacks, and
increased residential and small commercial densities, changing the established area’s lot size and character.
Staff recommends the applicant utilize an appropriate conditional use that accomodates their development
plants or request a zoning district with less potential intensity, such as NS-L, Neighborhood services, Limited, a
zoning district that is in the area that allows for modest, diverse development.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Land Use Plan Analysis: Staff finds the proposed rezoning to be inconsistent with the Walker Park master plan
area but consistent with the Future Land Use Map designation and City Plan 2040. The Walker Park
Neighborhood Plan encourages a variety of housing types while conserving the existing residential, and
specifically single-family residential, fabric intact. The proposed allowances would impact that goal and would
introduce additional residential and non-residential diversity in the area that staff finds to be inconsistent with
some adopted plan goals. The Future Land Use Map identifies this area as a Residential Neighborhood Area,
which is primarily residential in nature and supports a wide variety of housing types of appropriate scale and
context. The subject property has a infill score of 7 which could indicate the area can likely support
development beyond the allowances of the existing NC zoning. The zoning request also meets Goals 1
(appropriate infill), 3 (mixed-use development), and 6 (attainable housing opportunities) of City Plan 2040.
However, meeting these goals would potentially negatively impact the Walker Park Neighborhood Master Plan.
Long Range Staff have provided a memo that shows the rezoning supports City Plan 2040 and the Future
Land Use Plan but runs in contravention with the Walker Park Master Plan, with both stances citing the use
allowances introduced by UN in the Walker Park neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site with a
weighted score of 8. The following elements of the matrix contribute to the score:
Adequate Fire Response (Station #3)
Near Sewer Main (8-inch main along S. Washington)
Near Water Main (6-inch main along S. Washington Avenue)
Near City Park (Walker Park)
Near Paved Trail (Walker Park Trail)
Near ORT Bus Stop (College at Walker Park)
Within Master Plan Area (Walker Park Neighborhood)
DISCUSSION:
At the November 24, 2025 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioners offered little other comment, finding the request to
be compatible and allowing for further mixed-use development in the Walker Park neighborhood. While the
applicant presented a bill of assurance at the meeting that would prohibit development of mulit-family dwellings
(defined as five or more attached units), the Planning Commission neither accepted it nor included the bill
when forwarding the item to Council. No members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2551
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-54 FOR APPROXIMATELY 0.20 ACRES LOCATED AT 187 E. 12TH STREET IN
WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO UN, URBAN
NEIGHBORHOOD
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 NC, Neighborhood Conservation to UN,
Urban Neighborhood.
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.
11/26/2025
Submitted Date
No
-$
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V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2551
Item ID
12/16/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0054: Rezoning (187 E. 12th ST./ROSENGARDEN, 563): Submitted by WESLEY BATES for property located
at 187 E. 12TH ST in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.20 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO:Fayetteville Planning Commission
FROM:Jessie Masters, Planning Director
THRU:Wesley Frank, Planner
MEETING DATE:November 24, 2025
SUBJECT: RZN-2025-0054: Rezoning (187 E. 12
th ST./ROSENGARDEN, 563):
Submitted by WESLEY BATES for property located at 187 E. 12TH ST.
The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.20 acres. The request is to rezone the property
to UN, URBAN NEIGHBORHOOD.
RECOMMENDATION:
Staff recommends denial of RZN-2025-0054.
RECOMMENDED MOTION:
“I move to deny RZN-2025-0054.”
BACKGROUND:
The subject property is located in central Fayetteville approximately 200 feet east of Walker Park
at the corner of E. 12th St and S. Washington Avenue. The property contains 0.20 of an acre and
is developed with a single-family dwelling that Washington County records indicate was
constructed in 2003. The property is zoned, NC, Neighborhood Conservation, which it received
in 2008. The property is located in within the Walker Park Master Plan Area. Surrounding land
uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped NC, Neighborhood Conservation
South Single-Family Residential NC, Neighborhood Conservation
East Two-Family Residential RI-U, Residential Intermediate - Urban
West Single-Family Residential NC, Neighborhood Conservation
Request:The request is to rezone the subject property from NC, Neighborhood Conservation to
UN, Urban Neighborhood.
Public Comment:To date, staff has received no public comment regarding this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets:The subject area has a road frontage along South Washington Avenue. South
Washington Avenue is a fully improved Residential Link Street with asphalt paving,
sidewalk, curb and gutter. The subject area has a road frontage along East 12th
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 1 of 16
Updated w/ meeting results
Street. East 12th Street is a Partially improved Residential Link Street with asphalt
paving, curb & gutter. Any street improvements required in these areas would be
determined at the time of the development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present along South Washington Avenue.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present along South Washington Avenue.
There are known wet weather sewer capacity issues identified in the City’s 2025
Sewer Master Plan that appear in the system 295 feet south of this property.
Drainage: No portion of the property lies within a FEMA floodplain, protected stream, or within
the Hillside-Hilltop overlay district. No hydric soils are present on site. Any
requirements for drainage improvements 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 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 1.8 miles from the fire station with an anticipated drive time
of approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 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 current zoning district, NC, Neighborhood Conservation, requires 20%
minimum canopy preservation. The proposed zoning district, UN, Urban
Neighborhood, requires 15% minimum canopy perseveration.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood area. The property is
also located within the Walker Park Neighborhood Master Plan 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.
The Walker Park Neighborhood Master Plan was the city’s first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 2 of 16
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site
with a weighted score of 8. The following elements of the matrix contribute to the score:
x Adequate Fire Response (Station #3)
x Near Sewer Main (8-inch main along S. Washington)
x Near Water Main (6-inch main along S. Washington Avenue)
x Near City Park (Walker Park)
x Near Paved Trail (Walker Park Trail)
x Near ORT Bus Stop (College at Walker Park)
x Within Master Plan Area (Walker Park Neighborhood)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed zoning of UN, Urban
Neighborhood to be incompatible with the surrounding area land uses. Like
the existing NC zoning district, UN is an urban district which has a 0- to 25-
foot build to zone, promoting pedestrian-oriented development by
encouraging buildings to be constructed closer to the street. What sets
Urban Neighborhood apart is it is designed to both support and allow for a
diverse range of housing and non-residential types, which would be an
outlier in the Walker Park single-family neighborhood fabric. The use
schedule of UN allows for the development of small commercial, multi-
family, and others that greatly exceeds the allowances of nearby zoning
districts. The conditional uses of NC do allow for additional development and
infill opportunities that would be more in character with the area than
upzoning to a more intense district. UN - when compared to NC - allows for
smaller lot sizes, reduced setbacks, and increased residential and small
commercial densities, changing the established area’s lot size and
character. Staff recommends the applicant find an appropriate conditional
use that would fit their needs or to rezone to a zoning district that is not as
intense, such as NS-L, a zoning district that is in the area that allows for
modest, diverse development.
Land Use Plan Analysis: Staff finds the proposed upzoning to be
inconsistent with the Walker Park master plan area but would be consistent
with the Future Land Use Map designation and City Plan 2040. The Walker
Park Neighborhood Plan encourages a variety of housing types while
conserving the existing single-family fabric where it is intact. The proposed
allowances would impact that homogenous goal and would introduce
residential and non-residential diversity in the area. The Future Land Use
Map identifies this area as a Residential Neighborhood Area, which is
primarily residential in nature and supports a wide variety of housing types
of appropriate scale and context. The subject property has a modest
weighted infill score of 8 which could indicate the area can likely support
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 3 of 16
modest development. The zoning request also meets Goals 1 (appropriate
infill), 3 (mixed-use development), and 6 (attainable housing opportunities)
of City Plan 2040. However, meeting these goals would potentially negatively
impact the Walker Park Neighborhood Master Plan. Long Range Staff have
provided a memo that shows the rezoning supports City Plan 2040 and the
Future Land Use Plan but does not support the Walker Park Master Plan, with
both stances citing the use allowances introduced by UN in the Walker Park
neighborhood.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds there is insufficient justification to rezone the property from NC
to UN. This request would introduce a wide range of uses that would
negatively impact nearby residential uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from NC to UN has the potential to create and increase traffic
danger or congestion as this property is not located on a major corridor with
higher traffic capacity. With that, the subject property is small, which would
place a cap on any substantial increase in 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 NC to UN could increase population density and
therefore the load on public services; however, the impact is not expected
to be detrimental. Adequate water and sewer connections are available to
the site, suggesting the area can support the increase and avoid costly
extensions to 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 denial of RZN-2025-0054.
________________________________________________________________________
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 4 of 16
PLANNING COMMISSION ACTION: Required YES
Date: November 24, 2025 ٲٲ Tabled ٲ Forwarded ٲ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
x Unified Development Code
o §161.29 Neighborhood Conservation
o §161.37 Urban Neighborhood
x One Mile Map
x Close-Up Map
x Current Land Use Map
x Future Land Use Map
x Long Range Planning Memo
x Request Letter
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 5 of 16
McGetrick
Holeyfield
8-0-0 (Commissioner Cabe was absent from the vote)
ٲ
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other
zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of
uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood
character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a
residential zone.
(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 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited business*
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communication facilities
Unit 44 Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 40 feet
(2) Lot Area Minimum. 4,000 square feet
(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 5 feet
Rear 5 feet
Rear, from center line of an alley 12 feet
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 6 of 16
(F) Building Height Regulations.
Building Height Maximum 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No.
6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; 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
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 7 of 16
161.37 Urban Neighborhood
(A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and
provide a transition into residential neighborhoods from more intense, mixed-use districts. Urban
Neighborhood promotes a walkable, pedestrian-oriented neighborhood development form with a variety of
housing options and complementary neighborhood businesses that are compatible in scale and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12b General business
Unit 13 Eating places
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk cafes
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 5 Government facilities
Unit 14 Hotel, motel and amusement services
Unit 15 Neighborhood shopping goods
Unit 36 Wireless communication facilities
Unit 45 Small scale production
Unit 48 Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 12 feet
All other uses None
(2) Lot Area Minimum. None.
(E) Setback Regulations.
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 8 of 16
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 an alley 12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 6830, §1(Exh. A), 1-7-25; Ord. No. 6879, §2, 5-20-25)
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 9 of 16
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Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 12 of 16
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Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 13 of 16
TO:Donna Wonsower, Senior Planner
FROM:Kylee Cole, Long Range & Preservation Planner
MEETING DATE:November 24, 2025
SUBJECT: Long Range Planning Comments Regarding RZN-2025-0054
BACKGROUND:
The applicant requests to rezone approximately 0.20 acres from NC, Neighborhood
Conservation to UN, Urban Neighborhood. Two long range planning documents are relevant
when evaluating this request:City Plan 2040 and the Walker Park Neighborhood Plan.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
x Goal 1 – We will make appropriate infill and revitalization our highest priority.
x Goal 2 – We will discourage suburban sprawl.
x Goal 3 – We will make compact, complete, and connected development the standard.
x Goal 6 – We will create opportunities for attainable housing.
o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and
sizes dispersed throughout the city and in proximity to transit and active
transportation networks. (p.45)
On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive
plans and organized them into six primary goals. The goals were meant to focus the City’s
efforts on appropriate infill that furthers a variety of transportation options, supports the creation
of attainable housing, and limits the amount of land consumed by development on the City’s
periphery, often termed “suburban sprawl”.
Walker Park Neighborhood Plan (2008):
Adopted in February 2008, the Walker Park Neighborhood Plan outlined four guiding principles,
of which one is relevant to this request:
1. Balance of Uses and Housing
DISCUSSION:
City Plan 2040 and Future Land Use Plan:
This area is designated as a Residential Neighborhood area, which are “primarily residential in
nature and support a wide variety of housing types of appropriate scale and context.” This land
use designation also encourages the incorporation of low-intensity non-residential uses intended
to serve the surrounding neighborhood, such as retail or offices.1 The request aligns with this
designation by increasing the variety of housing types permitted from just single-family to include
two-, three-, four-, and multifamily housing. The UN district would also incorporate non-residential
uses, however the intensity of some may extend beyond what was envisioned for this area.
1 City Plan 2040, 128.
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 14 of 16
Specifically, UN permits General Business (Use Unit 12b) and Eating Places (Use Unit 13), which
may increase traffic or noise. However, uses like a small office may not result in a significant
impact to the neighborhood. Given this concern, a zoning district like NS-L may be more
appropriate, however it does not come with as flexible lot width minimums that may spark
redevelopment into fee-simple lots for denser housing. In reviewing the applicant’s request letter
and desire to retain the existing house but allow low-intensity commercial uses, rezoning to NS-
L could be an appropriate compromise.
It is also worth noting that the intent of the Urban Neighborhood district is to “serve as a mixed
use are of medium intensity and provide a transition into residential neighborhoods from more
intense, mixed-use districts.” The subject property is in the midst of solely residential properties,
and not on the periphery where it could serve as a transitional space. As such, this request may
not align with the intent of the Urban Neighborhood district.
Walker Park Neighborhood Plan:
The subject property is included in the Walker Park Neighborhood Plan, which outlines goals
and a vision for the area. Including a balance of commercial uses and diverse housing types.
While on its face, the request for UN may appear appropriate given the Neighborhood Plan’s
vision for balancing commercial uses and housing variety, the plan does acknowledge the value
of retaining single-family housing and other housing patterns where appropriate. The Walker
Park Neighborhood Plan acknowledges the “predominately single-family nature of the interior of
the neighborhood.”2 A large swathe of primarily single-family zoned property is located roughly
between E. 7th St. to E. 15th St. While mixed-use zoning districts may be appropriate along
major streets like E. 7th, E. 15th, and even S. College Ave. it is not clear that this portion of the
neighborhood was envisioned for commercial uses. RI-U offers increased housing flexibility,
which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting
commercial uses into an established residential neighborhood like would be permitted under
UN. This alternative would advance housing priorities and avoid locating commercial uses in an
incompatible area.
Property History:
The subject properties contains a single-family dwelling constructed ca. 2003, according to
Washington County Tax Assessor records. The property is not of historic age, is not eligible for
the state or National Register of Historic Places, and is not within a local historic district.
2 Walker Park Neighborhood Plan, 18.
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 15 of 16
To: Fayetteville Planning Commission
From: Wes Bates
Re: Rezoning Request – 187 E. 12th Street (NC → UN)
Date: 10-7-2025
Dear Commissioners,
I am requesting a rezoning for the property located at 187 E. 12th Street from Neighborhood
Conservation (NC) to Urban Neighborhood (UN). The property is currently zoned for
single-family use, but the existing structure and location make it well-suited for small
neighborhood commercial or office use that complements the surrounding area.
The goal of this rezoning is to allow flexibility to add a small neighborhood commercial space on
site while keeping the existing house. This would create an opportunity for a small office or local
business that serves nearby residents, adding a neighborhood amenity without disrupting the
residential character of the property or surrounding area.
Statement of Compatibility
The proposed UN zoning is compatible with the surrounding context and supports the city’s
goals for mixed-use, walkable neighborhoods. The area already includes a blend of residential,
institutional, and small commercial uses, and this rezoning would reinforce that pattern by
allowing a low-intensity use that fits within the existing built environment.
The UN district includes design and scale standards that ensure any future use remains
consistent with neighborhood character. The intent is not to introduce high-traffic or large-scale
development, but to create space for small local businesses or professional offices that serve
and strengthen the neighborhood.
This rezoning aligns with the City Plan’s emphasis on infill development, adaptive reuse, and
expanding opportunities for walkable, mixed-use neighborhoods. Allowing this small-scale
commercial flexibility at 187 E. 12th supports those objectives while preserving the form and
scale of the existing streetscape.
Thank you for your consideration,
Wes Bates
Reviewed by:
Donna Wonsower, AICP
Senior Planner
Development Services
APPROVED
Planning Commission
November 24, 2025
RZN-2025-0054 (ROSENGARDEN)
Page 16 of 16
12/26/2025
Ordinance: 6953
File Number: 2025-2551
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
54 FOR APPROXIMATELY 0.20
ACRES LOCATED AT 187 E.
12TH STREET IN WARD 1 FROM
NC, NEIGHBORHOOD CONSER-
VATION TO UN, URBAN NEIGH-
BORHOOD
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map (Exhibit
A) and the legal description (Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from NC, Neighborhood
Conservation to UN, Urban
Neighborhood.
Section 2: That the City Coun-
cil 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 16, 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: $ 85.12
December 21, 2025 563792