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HomeMy WebLinkAboutOrdinance 6969Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6969 File Number: 2026-101 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-63 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1090 SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN 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 RI-U, Residential Intermediate-Urban. 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 Waxflower –Wood Connector Proposed RI-U Proposed RI-U WASHIN G TON AV E CO L L E G E A V E 13TH ST 10TH ST BEE BA LM A VE 11TH ST 13TH ST 9TH ST 12TH ST WA XFL OWER A V E 12TH PL 13TH PL P-1 DG NC RSF-18 NS-L RI-U Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0063 1090 S. WASHINGTON AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed NC RI-U 0.0 0.4 Total 0.4 ac1:2,400 Current 0.4 0.0 RZN-2025-0063 EXHIBIT A RZN-2025-0063 EXHIBIT B South half (½) of Lots Twenty-six (26) and Thirty One (31), and all of Lots Twenty-seven (27), Twenty-eight (28), Twenty-nine (29) and Thirty (30), in Block Numbered Three (3) in Glenwood Park Addition to the City of Fayetteville, 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. (Commonly known as 1090 South Washington Ave., Fayetteville, Arkansas) Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-101 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0063: Rezoning (1090 S. WASHINGTON AVE/HORNBACK REVOCABLE TRUST, 563): Submitted by WESLEY BATES for property located at 1090 S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 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 -$ -$ Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-101 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-63 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1090 SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN 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 RI-U, Residential Intermediate-Urban. 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 2026-101 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-2025-0063: Rezoning (1090 S. WASHINGTON AVE/HORNBACK REVOCABLE TRUST, 563): Submitted by WESLEY BATES for property located at 1090 S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. 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 south Fayetteville approximately 400 feet east of Walker Park at the intersection of S. Washington Ave. and E. 11th St. The subject area contains 0.40 acres composed of one parcel which is bisected by a 20-foot-wide unimproved alley right-of-way. The parcel has been constructed with an 826 square-foot single-family dwelling constructed in 1941. The property is partially encumbered by hydric soils and is located within the Walker Park Master Plan area. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: The subject property is primarily surrounded by single-family homes with relatively small lot sizes. Additionally, there are a high number of two-, three-, and four-family dwellings in the immediate vicinity and a 9-unit cluster housing court directly south of the subject area. The presence of existing alley right- of-way on the property, albeit unimproved, offers opportunities for alley-oriented development in line with recent ordinance changes, and existing alley-loaded development is present in the vicinity. RI-U permits a mix of low-intensity residential types with no maximum density, including up to four-unit buildings, but maintains a minimum lot width of 18 feet. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. A rezoning to RI-U could support a broader range of housing types in an area experiencing increased demand for housing within close proximity to services such as Walker Park and a smaller unnamed park within Willow Bend, the Fayetteville Senior Center, Razorback Greenway, transit stops, churches and other nonresidential Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov amenities. While NC and RI-U allow similar uses, RI-U permits more housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a greater variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 7 with a weighted score of 8, indicating it is a suitable location for infill development. The property fronts onto S. Washington, Ave., a marked shared roadway which connects into public trails and the Razorback Greenway, and which would enable residents to utilize alternative means of transportation. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. The subject property is included in the Walker Park Neighborhood Plan. The request for RI-U is appropriate given the Neighborhood Plan’s vision for housing variety. The Walker Park Neighborhood Plan acknowledges the “predominately single-family nature of the interior of the neighborhood.” A large swathe of primarily single- family zoned property is located roughly between E. 7th St. to E. 15th St. RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting any potential by-right commercial uses that were not envisioned for the neighborhood and may not be compatible at this time. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 1, 303 W. Center St.) 2. Near Sewer Main (8”, S. Washington Ave) 3. Near Water Main (6”, S. Washington Ave. | 8”, E. 11th St.) 4. Near City Park (Walker Park) 5. Near Paved Trail (Walker Park | Waxflower – Wood Connector) 6. Near ORT Bus Stop (College at Senior Center and Walker Park) 7. Within Master Plan Area (Walker Park Master Plan) DISCUSSION: At the January 12, 2026 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Madden had questions regarding the existing alley right-of- way adjacent to the property and what improvements could be required to those alleys. Staff clarified improvements would be dependent on the proposed development and its associated impact. There was no other discussion and 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-2025-0063: Rezoning (1090 S. WASHINGTON AVE/HORNBACK REVOCABLE TRUST, 563): Submitted by WESLEY BATES for property located at 1090 S. WASHINGTON AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0063 to City Council with a recommendation of approval.” RECOMMENDED MOTION: “I move to forward RZN-2025-0063 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in south Fayetteville approximately 400 feet east of Walker Park at the intersection of S. Washington Ave. and E. 11th St. The subject area contains 0.40 acres composed of one parcel which is bisected by a 20-foot-wide unimproved alley right-of-way. The parcel has been constructed with an 826 square-foot single-family dwelling constructed in 1941. The property is partially encumbered by hydric soils and is located 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 Single-Family Residential and Undeveloped NC, Neighborhood Conservation South Single-Family Residential and Undeveloped RI-U, Residential Intermediate-Urban East Single-Family Residential RSF-18, Residential Single-Family, 18 Units per Acre West Single-Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. Public Comment: Staff has not received any public comment at this time. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 1 of 16 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along S. Washington Ave. and E. 11 th St., both partially improved residential links with asphalt paving and open ditches. 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. There is an existing 8-inch water main along E. 11th St. and an existing 6-inch water main along S. Washington Ave. Sewer: Sanitary sewer is available to the subject area. There is an existing 8-inch sewer main along S. Washington Ave. There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 675 feet south of this property. Drainage: No portion of the property lies with the Hillside-Hilltop Overlay District or FEMA floodplain, and no protected streams are present in the subject area. Hydric soils are present on the property. 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 1, located at 303 W. Center 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. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate-Urban requires 15% minimum canopy preservation. The current zoning district, NC, Neighborhood Conservation requires 20% 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. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 2 of 16 Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a 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 1, 303 W. Center St.) • Near Sewer Main (8”, S. Washington Ave) • Near Water Main (6”, S. Washington Ave. | 8”, E. 11th St.) • Near City Park (Walker Park) • Near Paved Trail (Walker Park | Waxflower – Wood Connector) • Near ORT Bus Stop (College at Senior Center and Walker Park) • Within Master Plan Area (Walker Park Master Plan) 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: The subject property is primarily surrounded by single-family homes with relatively small lot sizes. Additionally, there are a high number of two-, three-, and four-family dwellings in the immediate vicinity and a 9-unit cluster housing court directly south of the subject area. The presence of existing alley right-of-way on the property, albeit unimproved, offers opportunities for alley-oriented development in line with recent ordinance changes, and existing alley-loaded development is present in the vicinity. RI-U permits a mix of low-intensity residential types with no maximum density, including up to four-unit buildings, but maintains a minimum lot width of 18 feet. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. A rezoning to RI-U could support a broader range of housing types in an area experiencing increased demand for housing within close proximity to services such as Walker Park and a smaller unnamed park within Willow Bend, the Fayetteville Senior Center, Razorback Greenway, transit stops, churches and other nonresidential amenities. While NC and RI-U allow similar uses, RI-U permits more housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a greater variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 7 with a Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 3 of 16 weighted score of 8, indicating it is a suitable location for infill development. The property fronts onto S. Washington, Ave., a marked shared roadway which connects into public trails and the Razorback Greenway, and which would enable residents to utilize alternative means of transportation. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. The subject property is included in the Walker Park Neighborhood Plan. The request for RI-U is appropriate given the Neighborhood Plan’s vision for housing variety. The Walker Park Neighborhood Plan acknowledges the “predominately single-family nature of the interior of the neighborhood.” A large swathe of primarily single-family zoned property is located roughly between E. 7th St. to E. 15th St. RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting any potential by-right commercial uses that were not envisioned for the neighborhood and may not be compatible at this time. 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 NC to RI-U. A rezoning to RI-U would permit the development of more units which could be subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town with a relatively high concentration of services, amenities, and employment opportunities. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U is not likely to create or appreciable increase traffic danger and congestion since the subject property is relatively small. RI-U would also permit alley-oriented development in line with recent code changes. Any street improvements required in this area would be determined at the time of development proposal. 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 RI-U has the potential to alter the population density when considering that RI-U has no set density limitation. However, given the presence of existing public infrastructure, the presence of nearby trails and other bike infrastructure, and proximity to nonresidential services such as the Senior Center, churches, transit stops, and parks, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. While there are known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan that appear in the system approximately 675 linear feet downstream of this property, the small size of the property is also likely to naturally limit the development capacity of the parcel. Any street improvements required in this area would Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 4 of 16 be determined at the time of development proposal. 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 RZN-2024-0063 be forwarded to City Council with a recommendation of approval. ________________________________________________________________________ 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 §161.29 District NC, Neighborhood Conservation o §161.12 District RI-U, Residential Intermediate – Urban • Long-Range Planning Memo • Request Letter Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 5 of 16 WERNER CASTIN 7-0-0 “I move to forward RZN-2025-0063 to City Council with a recommendation of approval.” X HUNTSVILLE RD HUNTSVILLERD SCHOOL AVE MARTIN LUTHER KING JR BLVD 15TH ST NELSON HACKETTBLVD MI L L AV E 19TH ST MO R N I N G S I D E D R RMF-24 RSF-4 I-1 RPZD RSF-8 P-1 MSC DG CS NC R-AUC Regional Link Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View RZN-2025-0063 1090 S. WASHINGTON AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 6 of 16 Waxflower –Wood Connector Proposed RI-U Proposed RI-U WASHIN G TON AV E CO L L E G E A V E 13TH ST 10TH ST BEE BA LM A VE 11TH ST 13TH ST 9TH ST 12TH ST WA XFL OWER A V E 12TH PL 13TH PL P-1 DG NC RSF-18 NS-L RI-U Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0063 1090 S. WASHINGTON AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed NC RI-U 0.0 0.4 Total 0.4 ac1:2,400 Current 0.4 0.0 Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 7 of 16 13TH ST CO L L E G E A V E WASHINGTON AVE MCCLINTON ST WO O D A V E 2025 Imagery | EagleView Technologies | Surdex Corporation Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0063 1090 S. WASHINGTON AVE N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Multi-Family Residential City of Fayetteville Walker Park Single-Family Residential 1:3,600 Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 8 of 16 City Neighborhood Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential HUNTSVILLE RD HUNTSVILLERD SCHOOL AVE MARTIN LUTHER KING JR BLVD 15TH ST NELSON HACKETTBLVD MI L L AV E MORNINGSIDE DR Regional Link Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Planned Neighborhood Link Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0063 1090 S. WASHINGTON AVE N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 9 of 16 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (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 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley A build-to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 10 of 16 (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 60% 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. (Ord. No. 5945, §5(Exh. A), 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. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. 161.29 Neighborhood Conservation Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 11 of 16 (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 (F) Building Height Regulations. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 12 of 16 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. 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-2025-0063 (HORNBACK REVOCABLE TRUST) Page 13 of 16 TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0063 BACKGROUND: The applicant requests to rezone approximately 0.40 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate - Urban. 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: • 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. 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.” 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 housing. The RI-U district would also allow the incorporation of some non-residential uses by conditional use like Limited Business (Use Unit 12a). 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 14 of 16 Walker Park Neighborhood Plan: The subject property is included in the Walker Park Neighborhood Plan. The request for RI-U is appropriate given the Neighborhood Plan’s vision for housing variety. 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. RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting any potential by-right commercial uses that were not envisioned for the neighborhood and may not be compatible at this time. Property History: The subject properties contains a single-family dwelling constructed ca. 1941, according to Washington County Tax Assessor records. The property is of historic age, but does not retain it’s integrity of design or materials and is not eligible for the state or National Register of Historic Places. The property is not within a local historic district. 2 Walker Park Neighborhood Plan, 18. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 15 of 16 To: Fayetteville Planning Commission From: Wes Bates Re: Rezoning Request – 1090 S Washington Ave (NC → RI-U) Date: 11-11-2025 Dear Commissioners, I am requesting a rezoning for the property located at 1090 S Washington Ave from Neighborhood Conservation (NC) to Residential Intermediate-Urban (RI-U). The property is currently zoned for single-family use, but the lot size and existing structure make it well-suited for the type of gentle residential infill envisioned by the City Plan. The goal of this rezoning is to add additional housing options to the neighborhood by allowing flexibility for small-scale residential development while maintaining the existing neighborhood character. Statement of Compatibility The proposed RI-U zoning is compatible with the surrounding context and consistent with the city’s goals for infill development and attainable housing. There is already RI-U zoning directly across the street, and this rezoning would create a logical continuation of that existing pattern. The RI-U district allows for a modest increase in residential density while maintaining the form and scale of traditional neighborhood development. It does not permit commercial uses, ensuring that the area remains residential in nature. This rezoning supports the City Plan’s emphasis on infill housing, walkability, and the efficient use of existing infrastructure. Allowing an additional residential unit or tandem lot configuration at 1090 S Washington provides attainable housing options that align with the long-term goals for this neighborhood. Thank you for your consideration, Wes Bates Reviewed by: Donna Wonsower, AICP Senior Planner Development Services APPROVED Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 16 of 16 Form vl.55 NVN DEC EIVE 2/9/2026 niedza CITY OF FAYETT9/202 EVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYE 1'1'EVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 574810 PO#: Matter of: ORD 6969 AFFIDAVIT•STATE OF ARKANSAS 1. 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 6969 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$0.00 Affidavit Charge). NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 r, \`\\\\ `! BRA$��//'�., JJ J� \SSI6 F4 Legal Cler o "22.20 c-F-. OTARy gym•. State ofARKANSAS,County of Sebastian - . 0:N Subscribed and sworn to before me on this 9th day of February,2026 _ '• Og0G o.:• NARY PUBLIC Ordinance:6969 Fie Number:2026-101 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 63 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1090 SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC,NEIGHBOR- HOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE- URBAN 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 RI-U,Residen- tial Intermediate-Urban. 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:586.64 February 8,2026 574810