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HomeMy WebLinkAboutOrdinance 6970Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6970 File Number: 2026-102 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-65 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1807 NORTH GARLAND AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE 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 RSF-4, Residential Single-Family, Four Units per Acre 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: $ 89.68 Proposed RI-U BEL AIR DR OA K L A N D A V E MELMAR DR DAVIS ST KELLEY ST SH A N N O N D R GI F F O R D A V E LY N N S P L NOELLE AVE JANICE AVE DEANE ST GA R LAND AVE GA R L A N D A VE RMF-24 RSF-4 R-A RI-U Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0065 1807 N. GARLAND AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.4 0.0 Total 0.4 ac1:2,400 Current 0.0 0.4 Lot 5, Rudolph Subdivision, to the City of Fayetteville, Arkansas, as shown on plat of record in Plat Book 5 at Page 66, plat of records of Washington County, Arkansas. LESS AND EXCEPT: Part of Lot 5 of Rudolph Subdivision to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Southwest Corner of Lot 7 of Rudolph Subdivision to the City of Fayetteville; thence South 87° 10' 55" East along the South line of said Lot 7 a distance of 211.72 feet to a point on the Westerly right of way line of State Highway 112 as established by AHTD Job 040489; thence South 02° 43' 00" West along said right of way line a distance of 89.97 feet to a point on the North line of Lot 5 of Rudolph Subdivision to the City of Fayetteville to the POINT OF BEGINNING; thence continue South 02° 43' 10" West along said right of way line a distance of 100.04 feet to a point on the South line of Lot 5 of Rudolph Subdivision to the City of Fayetteville; thence North 87° 09' 08" West along said South line a distance of 24.77 feet to a point on the Westerly right of way line of State Highway 112 as established by AHTD Job 040489; thence North 20° 49' 49" East along said right of way line a distance of 9.71 feet to a point; thence North 02° 46' 51" East along said right of way line a distance of 60.03 feet to a point; thence North 04° 39' 26" East along said right of way line a distance of 30.41 feet to a point on the North line of Lot 5 of Rudolph Subdivision to the City of Fayetteville; thence South 87° 11' 24" East along said North line a distance of 23.06 feet to the point of beginning and containing 0.06 acres or 2,402 square feet more or less as shown on AHTD plans referenced as Job 040489. Subject to easements, rights-of-way, and protective covenants of record, if any. Subject to prior mineral reservations and oil and gas leases. 1/15/2026 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 2026-102 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0065: Rezoning (1807 N GARLAND AVE, 365): Submitted by WESLEY BATES for property located at 1807 N.GARLAND AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, 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 SERVICES (620) 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 #: 2026-102 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-65 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1807 NORTH GARLAND AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE 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 RSF-4, Residential Single-Family, Four Units per Acre 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 2026-102 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: Citlali Samano, Planner SUBJECT: RZN-2025-0065: Rezoning (1807 N GARLAND AVE, 365): Submitted by WESLEY BATES for property located at 1807 N. GARLAND AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, 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, located at 1807 N. Garland Avenue, is situated approximately 80 feet west of the intersection of W. Bel Air Drive and N. Garland Avenue. The parcel encompasses approximately 0.4 acres and was originally developed in 1948. The property was most recently purchased on December 5, 2025. The area surrounding the property is primarily RSF-4, Residential Single-Family, 4 Units per Acre with the property adjacent to the south recently rezoned to RI-U, Residential Intermediate – Urban on March 10, 2025 (RZN-2025-0005). Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, Four (4) Units per Acre to RI-U, Residential Intermediate - Urban. Public Comment: Staff received one public comment in opposition, citing the existing zoning's allowance of ADUs to support density goals, and that a rezone to RI-U would allow higher density. Additional concerns related to current drainage issues and overall neighborhood character were also shared. Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area and current land uses. The current RSF-4 zoning permits single-family residential development, while the proposed RI-U zoning allows for a broader range of mixed-residential uses, including single-family and two-family to four-family dwellings, accessory dwelling units, cluster housing, and short-term rentals. The RI-U district is intended to follow an urban form development pattern, emphasizing building placement, scale, and orientation that are compatible with walkable, neighborhood-oriented environments. Given the property’s proximity to existing single-family development to the north, east, and west, and mixed-residential housing types to the south, staff finds that rezoning to RI-U would provide an appropriate and compatible transition between surrounding land uses. While both districts allow up to three stories, RI-U permits this height only when buildings or portions of buildings are set back more than 10 ft from the Master Street Plan right-of-way, ensuring compatibility with the surrounding neighborhood. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the goals and policies of City Plan 2040 and the property’s designation as a Residential Neighborhood area on the Future Land Use Map. Rezoning the property from RSF-4 to RI-U supports City Plan 2040 Goal #6 by expanding housing choices and encouraging a mix of housing types and densities in walkable areas with access to transit and active transportation networks. Staff finds the subject site to be in an increasingly walkable area, particularly with access to the midtown trail alongside available transit service. The site’s location and surrounding development pattern support continued residential use with a mix of housing types, and the proposed rezoning advances the City’s long-range land use and housing objectives. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8) • Near Sewer Main (N Garland Ave and subject property) • Near Water Main (N Garland Ave and subject property) • Near City Park (Scull Creek Trail, Agri Park, and Lewis Soccer Complex) • Near Paved Trail (Garland Ave and Midtown Trail) • Near Razorback Bus Stop (Garland & Sycamore) 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. Commissioners in favor did not offer any comments. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. PC Staff Report TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Citlali Samano, Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0065: Rezoning (1807 N GARLAND AVE, 365): Submitted by WESLEY BATES for property located at 1807 N. GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE, and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0065 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0065 to City Council with a recommendation of approval.” BACKGROUND: The subject property, located at 1807 N. Garland Avenue, is situated approximately 80 ft west of the intersection of W. Bel Air Drive and N. Garland Avenue. The parcel encompasses approximately 0.4 acres and was originally developed in 1948. The property was most recently purchased on December 5, 2025. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre South Residential Mixed-Family RI-U, Residential Intermediate - Urban East N Garland Avenue, Residential Single-Family across Regional Link RSF-4, Residential Single-Family, 4 Units per Acre West Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per Acre, to RI-U, Residential Intermediate - Urban. The applicant has indicated that they are requesting the rezoning to allow for gentle residential infill through flexibility for small-scale residential development, such as cluster housing, while maintaining the residential character of the area. Public Comment: Staff has received a comment opposing the subject rezoning. The comment stems from a previous rezoning of 1791 N. Garland Avenue, which was approved on March 10, 2025 (RZN-2025-0005). The opposition is based on concerns regarding building height and density; however, no specific development plans have been submitted to the Planning Department. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along North Garland Avenue. North Garland Avenue is a Fully improved Regional-High Activity Link Street with asphalt paving, sidewalk and 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 8-inch water main is present along North Garland Avenue. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present along North Garland Avenue. There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 350 ft northwest of this property. Drainage: The property is not located within a FEMA floodplain, protected stream, or the Hillside–Hilltop Overlay District; however, hydric soils are present on site. Hydric soils can indicate potential wetlands, though additional characteristics such as hydrophytic vegetation and seasonal standing water are required for formal wetland classification. Because hydric soils are present, further environmental review will be required at the time of development. Prior to permit issuance, a report from a qualified environmental professional must be submitted addressing the presence of wetlands. If wetlands are identified, a U.S. Army Corps of Engineers (USACE) jurisdictional determination will be required. Any drainage improvements will be evaluated during development review. 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 8, located at 2266 W Deane St., protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 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, RSF-4, Residential Single-Family, 4 Units per Acre, requires a 25% minimum canopy preservation whereas the proposed zoning district, RI-U, Residential Intermediate - Urban, requires a 15% minimum canopy preservation. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 2 of 15 CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. 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, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6 for this site with a weighted score of 11.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8) • Near Sewer Main (N Garland Ave and subject property) • Near Water Main (N Garland Ave and subject property) • Near City Park (Scull Creek Trail, Agri Park, and Lewis Soccer Complex) • Near Paved Trail (Garland Ave and Midtown Trail) • Near Razorback Bus Stop (Garland & Sycamore) 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 current RSF-4 zoning permits single-family residential development, while the proposed RI-U zoning allows for a broader range of mixed-residential uses, including single-family and two-family to four-family dwellings, accessory dwelling units, cluster housing, and short-term rentals. The RI-U district is intended to follow an Urban Form development pattern, emphasizing building placement, scale, and orientation that are compatible with walkable, neighborhood-oriented environments. Given the property’s proximity to existing single-family development to the north, east, and west, and mixed- residential uses to the south, staff finds that rezoning to RI-U would provide an appropriate and compatible transition between surrounding land uses. Additionally, the lot width, lot area, and building height standards of the RI - U district are comparable to those of RSF-4. While both districts allow up to three stories, RI-U permits this height only when buildings or portions of buildings are set back more than 10 ft from the Master Street Plan right-of- way, ensuring compatibility with the surrounding neighborhood. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the goals and policies of City Plan 2040 and the property’s designation as a Residential Neighborhood area on the Future Land Use Map. Rezoning Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 3 of 15 the property from RSF-4 to RI-U supports City Plan 2040 Goal #6 by expanding housing choices and encouraging a mix of housing types and densities in walkable areas with access to transit and active transportation networks. The subject site is in a highly walkable area with available transit service. The site’s location and surrounding development pattern support continued residential use with a mix of housing types, and the proposed rezoning advances the City’s long-range land use and housing objectives. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds sufficient justification for rezoning the property from RSF-4 to RI- U at this time. The request would allow for mixed-residential development that is consistent with the area’s Residential Neighborhood future land use designation and reflective of the surrounding development pattern. The proposed zoning provides greater flexibility while maintaining compatibility with adjacent properties. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RSF-4 to RI-U has the potential to increase traffic to this location, though not necessarily in a way that is considerably different than how the site has been used for decades. Staff does not find that this request will appreciably increase traffic or congestion. 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 RI-U zoning district does have by-right residential uses and is therefore unlikely to increase the population density in this area. The overall property has access to existing water and sanitary sewer as well as fully-improved streets. Any development on this site will be responsible for increasing sewer capacity as needed. 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-2025-0065 to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) 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 §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre o §161.32 District RI-U, Residential Intermediate - Urban • Longe-Range Planning o LRP Memo • Applicant Exhibits o Request Letter Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 5 of 15 Werner Castin 7-0 GARLAND AVE DEANE ST GREGGAVE SYCAMORE ST WISE ST LEVERETT AVE GA R L A N D A V E GARLANDAVE WEDINGTONDR GARLAND AVE RSF-4 C-1 I-1 RMF-40P-1 RMF-24 C-2 R-O R-A CS RSF-18 Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View RZN-2025-0065 1807 N. GARLAND AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 6 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 6 of 15 Proposed RI-U BEL AIR DR OA K L A N D A V E MELMAR DR DAVIS ST KELLEY ST SH A N N O N D R GI F F O R D A V E LY N N S P L NOELLE AVE JANICE AVE DEANE ST GA R LAND AVE GA R L A N D A VE RMF-24 RSF-4 R-A RI-U Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0065 1807 N. GARLAND AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.4 0.0 Total 0.4 ac1:2,400 Current 0.0 0.4 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 7 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 7 of 15 MELMAR DR OAKLANDAVE BEL AIR DR GARLAND AVE DEANE ST GARLAND AVE SYCAMORE ST GARLAND AVE 2025 Imagery | EagleView Technologies | Surdex Corporation Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0065 1807 N. GARLAND AVE N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Single-Family Residential Institutional University of AR. Institutional University of AR. 1:3,600 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 8 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 8 of 15 City Neighborhood Civic and Private Open Space Non-Municipal Government Residential Neighborhood GARLAND AVE DEANE ST GREGGAVE SYCAMORE ST GA R L A N D A V E GARLANDAVE WEDINGTONDR GARLAND AVE Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential 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-2025-0065 1807 N. GARLAND AVE N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 9 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 9 of 15 161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (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 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 ft 80 ft Lot area minimum 8,000 square ft 12,000 square ft Land area per dwelling unit 8,000 square ft 6,000 square ft Hillside Overlay District Lot minimum width 60 ft 70 ft Hillside Overlay District Lot area minimum 8,000 square ft 12,000 square ft Land area per dwelling unit 8,000 square ft 6,000 square ft (E) Setback Requirements. Front Side Rear 15 ft 5 ft 15 ft (F) Building Height Regulations. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 10 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 10 of 15 Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 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) Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repea l and termination section. 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 ft Lot area minimum None (E) Setback Requirements. Front Side Other Uses Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 11 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 11 of 15 A build-to zone that is located between the front property, line and a line 25 ft from the front property line. None (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 ft 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 ft 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— 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-2025-0065 (COOKE) Page 12 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 12 of 15 TO: Citlali Samano, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0065 BACKGROUND: The applicant requests to rezone approximately 0.40 acres from RSF-4, Residential Single- Family, Four Units per Acre to RI-U, Residential Intermediate - Urban. 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. 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”. 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). 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. 1948, according to Washington County Tax Assessor records. The building is of historic age but does not retain its integrity of design or materials and is not eligible for the state or National Register of Historic 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 13 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 13 of 15 Places. The property is not within a local historic district. This area was annexed into the city in 1956 (Ord. No. 1121). In 1970, the city’s first zoning map identified the property as R-1, Low Density Residential, which was then changed to its current zoning designation RSF-4 in 2003. Figure 1. 1970 Zoning Map. Approximate location of property shown in red. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 14 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 14 of 15 To: Fayetteville Planning Commission From: Wes Bates Re: Rezoning Request – 1807 N Garland Ave (RSF-4 → RI-U) Date: November 12, 2025 Dear Commissioners, I am requesting a rezoning for the property located at 1807 N Garland Ave from Residential Single Family, Four Units per Acre (RSF-4) to Residential Intermediate-Urban (RI-U). The property is currently limited to single-family use, but its location and lot configuration 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—such as cluster housing development—while maintaining the residential character of the area. 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 adjacent to this property, and this request represents a logical continuation of that existing pattern. 1807 N Garland is located along a well-traveled corridor with excellent access to trails and public transit, making it an ideal location for slightly increased residential density. The RI-U district allows for a modest range of housing types while preserving the scale and form 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 goals of promoting infill housing, walkability, and the efficient use of existing infrastructure. Allowing additional residential flexibility at this location will contribute to attainable housing options and a more connected, sustainable neighborhood. Thank you for your consideration, Wes Bates Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 15 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 15 of 15 Form v1.55 NV‘ RECEIVED 2/9/2026 niedia CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 574815 PO #: Matter of: ORD 6970 AFFIDAVIT•STATE OF ARKANSAS I 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 6970 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$89.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 �GY B RA S t to,/ J �SSip•,• F Legal Clerk N: 22'203�;{o. State of ARKANSAS,County of Sebastian - \„_\oTA' Subscribed and sworn to before me on this 9th day of February,2026 =c3 PUBL\C o:• `" COll1N1y \\\`` NO ARY PUBLIC Ordinance:6970 File Number: 2026.102 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 65 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1807 NORTH GARLAND AVENUE IN WARD 2 FROM RSF-4,RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U,RESI- DENTIAL 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 RSF-4,Residential Single-Family, Four Units per Acre to RI-U,Residential Inter- mediate-Urban. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 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:$89.68 February 8,2026 574815