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HomeMy WebLinkAboutOrdinance 6968Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6968 File Number: 2026-100 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-66 FOR APPROXIMATELY 1.18 ACRES LOCATED AT 1171 AND 1173 NORTH DOUBLE SPRINGS ROAD IN WARD 4 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 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-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. 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 February 3, 2026 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: $ 86.86.64 Proposed RI-12 DOUBLE SPRINGS RD JEANFAY LN DO U B L E S P R I N G S R D WEDINGTON DR RMF-24 C-2 C-1 RSF-4 R-ARSF-1 Regional Link Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A RI-12 0.0 1.2 Total 1.2 ac1:2,400 Current 1.2 0.0 RZN-2025-0066 Exhibit A PARCEL #765-03389-000: LOT 14, BURLINGTON HEIGHTS SUBDIVISION, A SUBDIVISION LOCATED IN WASHINGTON COUNTY, CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. GIS Approved 12/12/2025 RZN-2025-0066 Exhibit B 1/13/2026 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 2026-100 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0066: Rezoning (1171 & 1173 N. DOUBLE SPRINGS RD/ WELLS, 441): Submitted by BATES AND ASSOCIATES for property located at 1171 & 1173 N. DOUBLE SPRINGS DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.18 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. 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: Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-100 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-66 FOR APPROXIMATELY 1.18 ACRES LOCATED AT 1171 AND 1173 NORTH DOUBLE SPRINGS ROAD IN WARD 4 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 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-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. 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. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-100 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: RZN-2025-0066: Rezoning (1171 & 1173 N. DOUBLE SPRINGS RD/ WELLS, 441): Submitted by BATES AND ASSOCIATES for property located at 1171 & 1173 N. DOUBLE SPRINGS DR. in WARD 4. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 1.18 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. 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 in west Fayetteville approximately 300 feet north of the intersection of N. Double Springs Rd. and W. Wedington Dr. The 1.18-acre subject area contains one parcel which was constructed with a 2,016 square-foot two-family dwelling constructed in 1981 along with multiple outbuildings. The property is not located within any zoning overlays or master plan areas and does not contain any floodplain, streamside protection, or hydric soils. Request: The request is to rezone the subject property from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: Staff finds that the requested rezoning appears generally compatible with the surrounding area and existing land uses. While the immediately surrounding property is primarily characterized by low-density residential and R-A zoning, there is a cluster of commercial uses at the intersection of Double Springs Rd. and W. Wedington Dr. Additional development appears to be on the rise in the area, including several residential developments either recently completed or in the development pipeline adjacent to N. 54th and N. 59th Ave. and a request to rezone multiple acres along Michael Cole to permit additional townhome development in this area. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff finds that a rezoning to a higher density is merited at the site. RI-12 allows up to three- and four-family dwellings by-right. Given extensive development of two-family dwellings in the vicinity, staff finds that three- and four-family dwellings are likely compatible in this location. Additionally, RI-12 allows for an incremental infusion of other types of missing middle housing including three- Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov and four- family dwellings and cluster housing developments, as well as the potential for incremental commercial uses with a conditional use permit. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the goals in City Plan 2040 and the property’s future land use designation as a Residential Neighborhood area, which are intended to serve a variety of housing types. Further, City Plan 2040 designates the intersection of N. Double Springs Rd. and W. Wedington Dr. as a Tier 3 growth center, which “are intended to serve the immediately surrounding residential areas and… cater to the specific needs of a small market.” While staff finds that a rezoning to a mixed-use district such as NS-G could both better address the intent of city goals and plans and serve the needs of future residents given the minimal number of nonresidential services in the area, increasing residential density alone within this area will also serve these long-term goals since housing is necessary to provide a sufficient customer base to sustain nonresidential services. Further, while the property is less than 200 feet to the city’s northern boundary, it is approximately 2 miles from the city’s western edge. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a ranged score of 4-5 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 7, 835 N. Rupple Rd) 2. Near Sewer Main (8” within the property) 3. Near Water Main (6”, N. Double Springs Rd.) 4. Near City Park (Harmony Pointe Park) 5. Near Paved Trail (Wedington Side Path) DISCUSSION: At the January 12, 2026 Planning Commission meeting, a vote of 6-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner McGetrick was opposed, citing concerns with the jump in density from the surrounding properties and the lack of services in the area. Commissioners in favor noted the property’s proximity to a tier center and the role of the growth plan to guide development. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report –TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0066: Rezoning (1171 & 1173 N. DOUBLE SPRINGS RD/ WELLS, 441): Submitted by BATES AND ASSOCIATES for property located at 1171 & 1173 N. DOUBLE SPRINGS DR. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.18 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2025-0066 to City Council with a recommendation of approval.” RECOMMENDED MOTION: “I move to forward RZN-2025-0066 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in west Fayetteville approximately 300 feet north of the intersection of N. Double Springs Rd. and W. Wedington Dr. The 1.18-acre subject area contains one parcel which was constructed with a 2,016 square-foot two-family dwelling constructed in 1981 along with multiple outbuildings. The property is not located within any zoning overlays or master plan areas and does not contain any floodplain, streamside protection, or hydric soils. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Two-Family Residential R-A, Residential Agricultural South Undeveloped R-A, Residential Agricultural East Single-Family Residential R-A, Residential Agricultural West Single- and Two-Family Residential R-A, Residential Agricultural Request: The request is to rezone the subject property from R-A, Residential Agricultural to RI- 12, Residential Intermediate, 12 Units per Acrea. Public Comment: Staff has not received any public comment at this time. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 1 of 15 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property’s frontage along N. Double Springs Rd., a partially improved Residential Link with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal Water: Public water is available to the subject area. There is an existing 6-inch water main along N. Double Springs Rd. Sewer: Sanitary sewer is available to the subject area. There is an existing 8-inch sewer main connections along the back side of the subject property. There are no known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan adjacent to this property. Drainage: No portion of the property lies within the Hillside-Hilltop Overlay District or FEMA floodplain, and there are no protected streams or hydric soils within the subject area. 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 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 2.2 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 proposed zoning districts, RI-12, Residential Intermediate, 12 Units per Acre requires 20% minimum canopy preservation. The current zoning district, R-A, Residential-Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood and Natural 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 s etbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4-5 for this site with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd) • Near Sewer Main (8” within the property) Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 2 of 15 • Near Water Main (6”, N. Double Springs Rd.) • Near City Park (Harmony Pointe Park) • Near Paved Trail (Wedington Side Path) 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 that the requested rezoning appears generally compatible with the surrounding area and existing land uses. The surrounding property is primarily characterized by low-density residential and R-A, Residential Agricultural zoning with a cluster of commercial uses at the intersection of Double Springs Rd. and W. Wedington Dr. Additional development appears to be on the rise in the area, including several residential developments either recently completed or in the development pipeline adjacent to N. 54th and N. 59th Ave. and a request to rezone multiple acres along Michael Cole to permit additional townhome development in this area. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff finds that a rezoning to a higher density is merited at the site. RI-12 allows up to three- and four-family dwellings by-right. Given extensive development of two-family dwellings in the vicinity, staff finds that three- and four-family dwellings are likely compatible in this location. Additionally, RI- 12 allows for an incremental infusion of other types of missing middle housing including three- and four- family dwellings and cluster housing developments, as well as the potential for incremental commercial uses with a conditional use permit. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the goals in City Plan 2040 and the property’s future land use designation as a Residential Neighborhood area, which are intended to serve a variety of housing types. Further, City Plan 2040 designates the intersection of N. Double Springs Rd. and W. Wedington Dr. as a Tier 3 growth center, which “are intended to serve the immediately surrounding residential areas and… cater to the specific needs of a small market.” While staff finds that a rezoning to a mixed-use district such as NS-G could both better address the intent of city goals and plans and serve the needs of future residents given the minimal number of nonresidential services in the area, staff finds that increasing residential density alone within this area will also serve these long-term goals since residential density is necessary to provide a sufficient customer base to sustain nonresidential services. Further, while the property is less than 200 feet to the city’s northern boundary, it is approximately 2 miles from the city’s western edge. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 3 of 15 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 justification to rezone the property from R-A to RI-12. A rezoning to RI-12 could permit units in a missing middle style when subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town experiencing increased development pressure. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from R-A to RI-12 has the potential to increase traffic to this location though there factors such as the small size of the property, tree preservation, drainage, and parking are likely to naturally limit development potential. While there are relatively limited nonresidential services in the area, staff finds that nonresidential commercial uses are permitted in close proximity. The property has access to existing public infrastructure. Staff finds the proposed rezoning is not likely to increase the load on public services to an undesirable degree and that an increase in residential density in the area could serve to encourage development of commercial uses. Any street improvements required in this area would be determined at the time of development proposal. Fayetteville Public Schools did not comment on this request. 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 property has access to water and sewer, and any increase in density would have to be balanced with any necessary upsizing of those facilities required to serve the development to be borne by the developer. Fayetteville Public Schools did not comment on the 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 RZN-2025-0066 be forwarded to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.03 District R-A, Residential-Agricultural o §161.12 District RI-12, Residential Intermediate – Twelve (12) Units per Acre • Long-Range Planning Memo • Request Letter Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 5 of 15 WERNER PAYNE 6-1-0 (MCGETRICK OPPOSED) “I move to forward RZN-2025-0066 to City Council with a recommendation of approval.” X WEDINGTON DR DOUBLE SPRINGS RD DOUBLE SPRINGS RD C-2 RMF-6 R-O RI-12 R-A RSF-4 RSF-1 P-1 RSF-8 RI-U Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 6 of 15 Proposed RI-12 DOUBLE SPRINGS RD JEANFAY LN DO U B L E S P R I N G S R D WEDINGTON DR RMF-24 C-2 C-1 RSF-4 R-ARSF-1 Regional Link Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A RI-12 0.0 1.2 Total 1.2 ac1:2,400 Current 1.2 0.0 Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 7 of 15 DOUBLE SPRINGS RD STARNES RD DO U B L E SP R I N G S R D WEDINGTON DR 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Neighborhood Link Unclassified Residential Link Planned Residential Link Planning Area Fayetteville City Limits Current Land Use RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Mixed Residential Mixed Residential Washington County 1:3,600 Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 8 of 15 Natural Residential Neighborhood Rural Residential WEDINGTON DR DOUBLE SPRINGS RD DOUBLE SPRINGS RD Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 9 of 15 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 10 of 15 (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5- 5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) 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 January 12, 2026 RZN-2025-0066 (WELLS) Page 11 of 15 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 (D) Bulk and Area Regulations. Single- family Two (2) family Three (3) and four (4) family Lot width minimum 50 feet 50 feet 90 feet Lot area minimum 5,000 square feet 7,260 square feet 10,890 square feet. (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 12 of 15 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; 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, §§4, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §2(Exh. A), 5-2-23) 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 January 12, 2026 RZN-2025-0066 (WELLS) Page 13 of 15 TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0066 BACKGROUND: The applicant requests to rezone approximately 1.18 acres from R-A, Residential Agricultural, to RI-12, Residential Intermediate – Twelve Units per Acre. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. 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”. 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.” 1 The request aligns with this designation by increasing the variety of housing types permitted from just single - family to include two-, three-, and four-family dwellings. The RI-12 district would also allow the incorporation of some non-residential uses by conditional use like Limited Business (Use Unit 12a). The proposal aligns with Goals 1, 2, 3, and 6 of City Plan 2040 by creating additional flexibility for diverse housing choices in an area that is already supported by infrastructure. Property History: The subject property contains a single-family dwelling constructed ca. 1981, according to Washington County Tax Assessor records. The building is not of historic age. This area was annexed into the city in 1982 (Ord. No. 2857) and was assigned the current R-A zoning designation at that time. 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 14 of 15 November 20th, 2025 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Double Springs Development Dear Planning Staff, Bates & Associates, Inc., on behalf of Nathan & Darien Wells, has applied for a rezoning in Fayetteville. The location of the proposed rezoning is NW of the intersection of W Wedington Drive and N Double Springs Road (Washington County Parcel 765-03389-000). The total acreage of the development is 1.18 acres. The current zoning district is currently R-A with the request to rezone to RI-12. The adjacent properties are currently zoned for a variety of districts, including R-A, RSF-1, RSF- 4, RMF-24, C-1, and C-2. The request to rezone the subject property from R-A to RI-12 remains consistent with the adopted Future Land Use Map designation of Residential Neighborhood. As shown in the zoning exhibit on the following page, the area already supports a diverse mix of residential and limited commercial zoning districts. The proposed rezoning will not adversely impact surrounding land uses, as the RI-12 district continues the established residential character and aligns with the intended development pattern for this area. By maintaining compatibility with neighboring residential zones and remaining within the broader vision for residential land use, the request represents an appropriate transition to this property. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. Geoffrey Bates President of Engineering Reviewed by: Donna Wonsower, AICP Senior Planner Development Services APPROVED Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 15 of 15 Form v1.55 NV\ /A DECEIVE 2/9/2026 niedi&r C Y C;FAYET-EV L-E CITY CLERK'SCFFICE Account#: NWCL5 004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 574808 PO#: Matter of: ORD 6968 AFFIDAVIT•STATE OF ARKANSAS Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6968 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$86.64. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 \ ti\\\\Huu.I'�,���� Legal Clerk BRAS / cc 0\ 22.20,? -/- State of ARKANSAS,County of Sebastian • , �.• . ()TAR},, Subscribed and sworn to before me on this 9th day of February,2026 = cniM 'i•-• 'UBL\G •.c tip: NOT Y PUBLIC Ordinance:6968 File Number: 2026-100 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 66 FOR APPROXIMATELY 1.18 ACRES LOCATED AT 1171 AND 1173 NORTH DOUBLE SPRINGS ROAD IN WARD 4 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RI-12,RESIDENTIAL INTER- MEDIATE,12 UNITS PER ACRE 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 R-A, Residential- Agricultural to RI-12,Residential Intermediate,12 Units per Acre. 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 February 3,2026 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:$86.64 February 8,2026 574808