HomeMy WebLinkAboutOrdinance 6955Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6955
File Number: 2025-2550
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-56
FOR APPROXIMATELY 0.83 ACRES LOCATED AT 1723 NORTH CHESTNUT AVENUE IN WARD 2
FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES
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 C-2, Thoroughfare Commercial to CS, Community Services.
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-2025-0056
EXHIBIT 'B'
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2550
MEETING OF DECEMBER 16, 2025
TO:Mayor Rawn and City Council
THRU:Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM:Jessica Masters, Planning Director
SUBJECT: RZN-2025-0056: Rezoning (1723 N. CHESTNUT AVE/MASCHOFF & HALASZ, 366):
Submitted by DABS PROPERTIES LLC for property located 1723 N. CHESTNUT AVE.
in WARD 2. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and
contains approximately 0.83 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is located at the northwest corner of W. Sycamore Street and N. Chestnut Avenue. The
property is developed with a multi-tenant space that has an intermittent use history. The official certificate of
occupancy on the project, constructed around 2008, appears that it was issued for offices, but that it could also
be used for apartments. More recently, upon attempting to obtain a business license for the use of one of the
spaces as a short-term rental, the property owner was informed that the structure had not been inspected for a
multi-family structure, and would likely require additional improvements to bring to current fire and building
safety code regulations. Further, since residential uses are not permitted in the C-2 zoning district, a rezoning
was needed to allow this structure to be used solely as a multi-family building.
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial to CS, Community
Services.
Public Comment: Staff did not receive any public comment relating to the rezoning request.
Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area and
current land uses. The C-2 zoning district is among the City’s highest intensity, nonresidential districts, and is a
traditional, auto-oriented zoning district. C-2 allows for buildings up to 6 stories tall, with exclusively commercial
uses permitted by-right, including auto-oriented services, drive-thru restaurants, and gas stations. Further,
residential uses are not typically permitted in this district. The property in question is currently surrounded by I-
1, Heavy Commercial and Light Industrial, zoning, but a mix of residential and commercial properties also exist
in the surrounding area. Conversely, the CS zoning district is a form-based zoning district, which typically
requires structures to be placed closer to the street with a build-to zone, rather than with a conventional
setback, to activate the pedestrian and public realm. Parking is typically required to be placed at the rear of the
property, or to be more hidden from general view. CS also allows for residential uses by-right, which promotes
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
a more mixed-use, traditional town form type of development. Rezoning this corner property near the
convergence of two of the City’s major trails could help activate the area and inspire development that is
consistent with overall City goals.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the goals in City Plan 2040
and the property’s future land use designation as a City Neighborhood area. A rezoning from C-2 to CS
contributes to City Plan 2040 goals 1-3, in that it helps promote a compact, complete, and connected
development on an infill-ready site near the center of town. This site is highly walkable, and there is available
transit.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range between 6-8 for this
site. The following elements of the matrix contribute to this score:
Adequate Fire Response (Station #2, 138 W. North St.)
Near Sewer Main (N. Chestnut Ave. and W. Sycamore Street)
Near Water Main (N. Chestnut Ave. and W. Sycamore Street)
Near Grocery Store (Harps)
Near City Park (Gregory Park)
Near Paved Trail (Scull Creek/Midtown Trail)
Near Razorback Bus Stop (Leverett and Sycamore)
Appropriate Future Land Use (City 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 comment, finding the request to be
compatible with current land use surroundings and future land use goals. No members of the public spoke at
the meeting.
BUDGET/STAFF IMPACT:
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2550
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-56 FOR APPROXIMATELY 0.83 ACRES LOCATED AT 1723 NORTH CHESTNUT
AVENUE IN WARD 2 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY
SERVICES
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 C-2, Thoroughfare Commercial to CS,
Community Services.
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
-$
-$
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
2025-2550
Item ID
12/16/2025
City Council Meeting Date - Agenda Item Only
RZN-2025-0056: Rezoning (1723 N. CHESTNUT AVE/MASCHOFF & HALASZ, 366): Submitted by DABS PROPERTIES
LLC for property located 1723 N. CHESTNUT AVE. in WARD 2. The property is zoned C-2, THOROUGHFARE
COMMERCIAL, and contains approximately 0.83 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
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
MEETING DATE:November 24, 2025
SUBJECT: RZN-2025-0056: Rezoning (1723 N. CHESTNUT AVE/MASCHOFF &
HALASZ, 366): Submitted by DABS PROPERTIES LLC for property
located 1723 N. CHESTNUT AVE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL, and contains approximately 0.83
acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0056 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0056 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located at the northwest corner of W. Sycamore Street and N. Chestnut
Avenue. The property is developed with a multi-tenant space that has an intermittent use history.
The official certificate of occupancy on the project, constructed around 2008, appears that it was
issued for offices, but that it could also be used for apartments. Upon attempting to obtain a
business license for the use of one of the spaces as a short-term rental, the property owner was
informed that the structure had not been inspected for a multi-family structure, and would likely
require additional improvements to bring to current fire and building safety code regulations.
Further, since residential uses are not permitted in the C-2 zoning district, a rezoning was needed
to allow this structure to be used solely as a multi-family building. Surrounding land uses and
zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Residential Multifamily RPZD, Residential Planned Zoning District
South Residential Multifamily
RMF-40, Residential Multi-Family, 40 Units per
Acre
East Residential Multifamily RPZD, Residential Planned Zoning District
West Commercial/Industrial
C-2, Thoroughfare Commercial; I-1, Heavy
Commercial and Light Industrial
Request:The request is to rezone the subject property from C-2, Thoroughfare Commercial to
CS, Community Services.
Public Comment:To date, staff has received no public comment regarding this request.
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 1 of 13
Updated with final results
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has street frontage along W. Sycamore Street, which is a fully-
improved Neighborhood Link Street with asphalt paving, sidewalk, and curb and
gutter. The subject area has street frontage along N. Chestnut Avenue, which is a
partially improved Residential Link Street with asphalt paving, and partial sidewalk,
curb, and gutter. 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 6-inch water main is
present along N. Chestnut Avenue.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present along N. Chestnut Avenue.
Drainage: The property is located fully within the floodplain and hydric soils are present on
the subject property. A floodplain development review will be required at the time
of permit or plan submittal. This will restrict the type of development and impact in
flood zones; and may require additional documentation such as flood studies or
elevation certificates depending on the type of development. If a development
impacts a floodplain, those impacts may require review and approval from FEMA.
Hydric soils are a known indicator of wetlands. However, for an area to be
classified as wetlands, it may also need other characteristics such as hydrophytes
(plants that grow in water), and shallow water during parts of the year. Hydric Soils
can be found across many areas of Fayetteville, including valleys, floodplains, and
open prairies. It’s important to identify these natural resources during development,
so when these soils are identified on a property, further environmental studies will
be required at the time of development. Before permits will be issued for the
property a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal.
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 2, located at 138 W North St, protects this site. The property is located
approximately 1.1 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. The 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 existing zoning district, C-2, Thoroughfare Commercial, requires 15%
minimum canopy preservation. The proposed zoning district, CS, Community
Services, requires 20% minimum canopy preservation.
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 2 of 13
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as City Neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6-8 for this
site with a weighted score of 9.5. The following elements of the matrix contribute to the score:
x Adequate Fire Response (Station #2, 138 W. North St.)
x Near Sewer Main (N. Chestnut Ave. and W. Sycamore Street)
x Near Water Main (N. Chestnut Ave. and W. Sycamore Street)
x Near Grocery Store (Harps)
x Near City Park (Gregory Park)
x Near Paved Trail (Scull Creek/Midtown Trail)
x Near Razorback Bus Stop (Leverett and Sycamore)
x Appropriate Future Land Use (City 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 requested rezoning to be compatible
with the surrounding area and current land uses. The C-2 zoning district is
among the City’s highest intensity districts, and is a very traditional, auto-
oriented zoning district at that. It allows for buildings up to 6 stories tall, with
exclusively commercial uses permitted by-right, including auto-oriented
services, drive-thru restaurants, and gas stations. Further, residential uses
are not typically permitted in this district. The property in question is
currently surrounded by I-1 zoning, but a mix of residential and commercial
properties also exist in the surrounding area. Conversely, the CS zoning
district is a form-based zoning district, which typically requires structures to
be placed closer to the street with a build-to zone, rather than with a
traditional setback, to help activate the pedestrian and public realm and
provide a more welcoming environment. Parking is typically required to be
placed at the rear of the property, or to be more hidden from general view.
CS also allows for residential uses by-right, which promotes a more mixed-
use, traditional town form type of development. Rezoning this corner
property near the convergence of two of the City’s major trails could help
activate the area and inspire development that is consistent with overall City
goals.
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 3 of 13
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the goals in City Plan 2040 and the property’s future land use
designation as a City Neighborhood area. A rezoning from C-2 to CS
contributes to City Plan 2040 goals 1-3, in that it helps promote a compact,
complete, and connected development on an infill-ready site near the center
of town. This site is highly walkable, and there is available transit.
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 sufficient justification to rezone the property from C-2 to
CS. This request will allow for the development of neighborhood and
community services, as well as allow for the development and the use of the
property for housing, which is not currently permitted under the current
zoning allowances.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from C-2 to CS is not likely to appreciably increase traffic danger
or congestion at this location. C-2 allows for high-intensity commercial uses,
and while CS allows for many of the same by-right, it limits some of the auto-
oriented uses, and also introduces residential uses, promoting walkability.
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 CS zoning district allows for residential uses, so the request could add
population to this area, but staff does not find that this would be undesirable.
This is a good location for moderate infill given access to water, sewer,
streets, and the City’s trail network to promote alternative transportation
options.
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-2025-0056 to City
Council with a recommendation of approval.
________________________________________________________________________
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 4 of 13
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 §161.22 Community Services
o §161.23 District C-2, Thoroughfare Commercial
x One Mile Map
x Close-Up Map
x Current Land Use Map
x Future Land Use Map
x Request Letter
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(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 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 5 of 13
X
Payne
Werner
8-0-0
with a recommendation
of approval.
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 goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front: A build-to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear: None
Side or rear, when contiguous to
a single-family residential district:
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; 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. 6409 §1, 2-2-21; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; 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
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 6 of 13
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.
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. 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 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 25 Offices, studios, and related services
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
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 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance Halls
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 15 feet
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 7 of 13
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side None
Side, when contiguous to a
residential district
15 feet
Rear 20 feet
Urban Form Setback Regulations:
Front A build-to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear None
Side or rear, when contiguous to
a single-family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 6 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 side boundary line of an adjacent residential 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 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 6, 7, 4-2-19; Ord. No.
6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6521, §5, 1-18-22)
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 8 of 13
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RZN-2025-0056 (MASCHOFF & HALASZ)
Page 12 of 13
DABS Properties LLC
1723 N Chestnut Ave
Fayetteville, AR 72703
Email: dabspropertiesllc@gmail.com
City of Fayetteville – Planning Division
City Hall
113 W Mountain St
Fayetteville, AR 72701
Re: Rezoning Request – 1723 N Chestnut Ave, Fayetteville, AR 72703
To the Fayetteville Planning Division,
We, the owners of DABS Properties LLC (Shane Maschhoff, Maria Dalva Halasz, Amire Abed, and
Beatriz Abed), respectfully submit this request to rezone our property at 1723 N Chestnut Ave,
Fayetteville, AR 72703 from C-2 (Thoroughfare Commercial) to CS (Community Services).
PURPOSE OF REZONING
The building on this property has historically been used for residential purposes; however, the existing
C-2 zoning does not allow residential occupancy. Rezoning to CS will bring the property into
compliance and allow us to continue offering safe, long-term residential rentals consistent with its past
use and the surrounding neighborhood.
COMPATIBILITY WITH SURROUNDING PROPERTIES
The property is surrounded by residential apartments, a church, and a storage facility. The continued
use of the structure as residential rentals is compatible with all nearby land uses and matches the
character of the area.
LACK OF ADVERSE IMPACT
The rezoning will not adversely affect surrounding properties because:
- Residential use produces less noise and traffic than many C-2 commercial uses.
- Adjacent uses are low-impact and compatible with housing.
- Any future improvements will comply with UDC requirements for buffering, setbacks, lighting, and
access.
SUPPORT OF CITY PLANNING GOALS
Rezoning the property to CS will correct zoning inconsistencies, support appropriate residential use,
and encourage reinvestment under a zoning category that reflects existing neighborhood conditions.
We respectfully request approval of this rezoning application. Thank you for your time and
consideration.
Sincerely,
DABS Properties LLC
Shane Maschhoff
Maria Dalva Halasz
Amire Abed
Beatriz Abed
Planning Commission
November 24, 2025
RZN-2025-0056 (MASCHOFF & HALASZ)
Page 13 of 13
12/26/2025
Ordinance: 6955
File Number: 2025-2550
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
56 FOR APPROXIMATELY 0.83
ACRES LOCATED AT 1723
NORTH CHESTNUT AVENUE IN
WARD 2 FROM C-2,THOROUGH-
FARE COMMERCIAL TO CS,
COMMUNITY SERVICES
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 C-2, Thoroughfare
Commercial to CS, Community
Services.
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 reflectthe 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 563798