HomeMy WebLinkAboutOrdinance 6971Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6971
File Number: 2026-103
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-68
FOR APPROXIMATELY 0.83 ACRES LOCATED AT 1967 EAST HUNTSVILLE ROAD IN WARD 1 FROM
RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE; AND C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department’s Agenda Memo from RSF-4, Residential Single-Family, Four Units per Acre; RMF-24, Residential Multi-
Family, 24 Units per Acre; and C-1, Neighborhood Commercial to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 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: $ 11101.84
Proposed CS
RA
Y
A
V
E
JE
R
R
Y
A
V
E
LEDIEPL
FAIRLANE ST
CH
E
R
R
Y
L
N
DOCKERY
LN
LEE ST
HELEN ST
HUNTSVILLE RD
RI-12P-1
RSF-7
RSF-4
I-2
C-2
RMF-24
NS-L
C-1
NS-G
RSF-8
RI-U
CS
UN
Regional Link - High Activity
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0068 1967 E. HUNTSVILLE RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-1
CS
RMF-24
RSF-4
0.0
0.8
0.0
0.0
Total 0.8 ac1:2,400
Current
0.0
0.0
0.2
0.6
SURVEY DESCRIPTION (PARCEL NO. 765-15203-00):
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4)
OF SECTION TWENTY-THREE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)
WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NW 1/4 OF SAID
SECTION 23, SAID POINT BEING AN ALUMINUM MONUMENT, THENCE S02°41’51”W A
DISTANCE OF 550.25 FEET; THENCE N87°25’08”W A DISTANCE OF 336.49 FEET; THENCE
S02°49’22”W A DISTANCE OF 52.69 FEET TO A 1/2 INCH REBAR WITH CAP “PS 1374” ON
THE SOUTHERLY RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 (EAST HUNTSVILLE
ROAD) AND THE POINT OF BEGINNING; THENCE S02°49’22”W A DISTANCE OF 197.32
FEET TO THE NORTH LINE OF WATSON ADDITION AS SHOWN ON PLAT 1-221 OF THE
WASHINGTON COUNTY RECORDS AND A 1/2 INCH SPINNER; THENCE ALONG SAID
NORTH LINE, N88°40’51”W A DISTANCE OF 165.07 FEET TO A REBAR WITH CAP “PLS 1532
PLS 1427”; THENCE LEAVING SAID NORTH LINE, N01°13’53”E A DISTANCE OF 115.81
FEET TO A REBAR WITH CAP “PLS 1532 PLS 1427”; THENCE S89°28’49”E A DISTANCE OF
8.05 FEET TO A REBAR WITH CAP “PLS 1532 PLS 1427”; THENCE N01°11’38”E A DISTANCE
OF 107.20 FEET TO THE SOUTHERLY RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16
(EAST HUNTSVILLE ROAD) AND A 1/2 INCH REBAR WITH CAP “PS 1374”; THENCE ALONG
SAID SOUTHERLY RIGHT OF WAY, S87°27’41”E A DISTANCE OF 37.68 FEET; THENCE
S77°19’58”E A DISTANCE OF 127.42 FEET TO THE POINT OF BEGINNING, CONTAINING
0.803 ACRES (34,973 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-
WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD AND FACT.
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
2026-103
Item ID
2/3/2026
City Council Meeting Date - Agenda Item Only
RZN-2025-0068: Rezoning (1967 E HUNTSVILLE RD, 565): Submitted by ENGINEERING SERVICES INC for property
located at 1967 E. HUNTSVILLE RD in WARD 1. The property is partially zoned RSF-4, RESIDENTIAL SING-FAMILY,
FOUR UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, AND C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 0.83 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-103
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-68 FOR APPROXIMATELY 0.83 ACRES LOCATED AT 1967 EAST HUNTSVILLE
ROAD IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE; RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE; AND C-1,
NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from RSF-4, Residential Single-Family, Four
Units per Acre; RMF-24, Residential Multi-Family, 24 Units per Acre; and C-1, Neighborhood
Commercial to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-103
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-2025-0068: Rezoning (1967 E HUNTSVILLE RD, 565): Submitted by
ENGINEERING SERVICES INC for property located at 1967 E. HUNTSVILLE RD. in
WARD 1. The property is partially zoned RSF-4, RESIDENTIAL SING-FAMILY, FOUR
UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, AND
C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.83 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property includes approximately 0.8 acres located just east of the intersection of E. Huntsville
Road and S. Ray Avenue in southeast Fayetteville. The property is developed with a single-family house and is
split-zoned three ways, with the largest portion zoned RSF-4, Residential Single-Family, 4 Units per Acre,
alongside areas of RMF-24, Residential Multi-Family, 24 Units per Acre, and C-1, Neighborhood Commercial.
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per
Acre, RMF-24, Residential Multi-Family, 24 Units per Acre, and C-1, Neighborhood Commercial, to CS,
Community Services.
Public Comment: Staff did not receive any public comment relating to the rezoning request.
Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area and
current land uses. While no two of the existing zoning districts permit the same uses, combined they allow a
variety of residential and nonresidential uses, which the proposed CS district would allow across the full extent
of the property. The property is located adjacent to and in close proximity to existing and planned multi-family
residential uses, including to the east on property that was rezoned in CS in 2025. Given this context, staff
finds that rezoning the property to CS would provide a logical and compatible transition consistent with nearby
zoning and land use patterns. The CS district permits a maximum building height of five stories, compared to
the three-story maximum allowed in RSF-4. Staff finds that even at the maximum height, a multi-family
residential building would be appropriate given the overall area's land uses, adjacency to a major
transportation corridor, and emerging development character of the area.
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 City Plan 2040 and the
property’s Future Land Use designation as a City Neighborhood area. Rezoning the property to CS 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 site’s location and surrounding
context support continued residential development at a higher intensity, and the rezoning would help correct an
outdated zoning boundary while advancing long-range land use goals.
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 #3)
• Near Sewer Main (E Lee Street)
• Near Water Main (E Huntsville Road)
• Near Paved Trail (E Huntsville Road)
• Near ORT Bus Stop (Huntsville & Ray)
• Appropriate Future Land Use (City Neighborhood)
DISCUSSION:
At the January 12, 2026 Planning Commission meeting, a vote of 7-0 forwarded the request to City Council
with a recommendation of approval. Commissioners offered no comment. 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. Planning Commission Staff Report
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: January 12, 2026
SUBJECT: RZN-2025-0068: Rezoning (1967 E HUNTSVILLE RD, 565): Submitted
by ENGINEERING SERVICES INC for property located at 1967 E.
HUNTSVILLE RD. The property is partially zoned RSF-4, RESIDENTIAL
SING-FAMILY, FOUR UNITS PER ACRE, RMF-24, RESIDENTIAL
MULTI-FAMILY, 24 UNITS PER ACRE, AND C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 0.83 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0068 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0068 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located just east of the intersection of E. Huntsville Road and S. Ray
Avenue. While the property is currently zoned primarily RSF-4, Residential Single-Family, 4 Units
per Acre, a large portion of the site is zoned RMF-24, Residential Multi-Family, 24 Units per Acre,
with a small portion of the western half of the lot zoned C-1, Neighborhood Commercial. The
property consists of approximately 0.8 acres in total. Parcel number 765-15203-000 was assigned
its current mixed zoning pursuant to Ordinance No. 4503, adopted on July 15, 2003. Surrounding
land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North
E Huntsville Road,
Neighborhood Services across
Regional Link
NS-L, Neighborhood Services - Limited; NS-G,
Neighborhood Services - General
South Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre
East Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre
West Residential Single-Family/ Mixed
Neighborhood Services
RSF-4, Residential Single-Family, 4 Units per Acre; C-
1, Neighborhood Commercial; NS-L, Neighborhood
Services - Limited
Request: The request is to rezone the subject property from zoned RSF-4, RESIDENTIAL SING-
FAMILY, FOUR UNITS PER ACRE, AND RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS
PER ACRE to CS, Community Services.
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 1 of 19
Public Comment: To date, staff has received no public comment regarding this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has street frontage along East Huntsville Road, which is a fully
improved Regional Link – High Activity Street with asphalt paving, sidewalk, curb
and gutter. Any street improvements required in these areas would be determined
at the time of the development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Water: Public water is available to the subject area. An existing 12-inch water main is
present along East Huntsville Road and an existing 8-inch water main is present
along East side of the subject property.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is
present along East Huntsville Road and an existing 8-inch sewer main is present
along East side of the subject property.
Drainage: No portion of the property lies within a FEMA floodplain, protected stream, or within
the Hillside-Hilltop overlay district. No hydric soils are present on site. Any
requirements for drainage improvements will be determined at time of
development.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3, located at 1050 S Happy Hollow Rd., protects this site. The property is
located approximately 0.3 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 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 proposed zoning district, CS, Community Services, requires a minimum
canopy preservation of 20%. The current zoning districts, RSF-4, Residential
Multi-Family, 24 Units per Acre and C-1, Neighborhood Commercial, also require
a minimum of 20% canopy preservation. However, the RSF-4, Residential
Single-Family, Four Units per Acre zoning district requires a higher minimum
canopy preservation of 25%.
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 2 of 19
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as City Neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections, creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6 for this site
with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3)
• Near Sewer Main (E Lee Street)
• Near Water Main (E Huntsville Road)
• Near Paved Trail (Huntsville Road)
• Near ORT Bus Stop (Huntsville & Ray)
• Appropriate Future Land Use
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. RSF-4 zoning allows for
single-family residential uses whereas the CS district allows a mix of
residential and non-residential uses, including multi-family dwellings,
neighborhood-serving commercial uses, offices, personal services, and
civic or cultural facilities. The subject property is currently developed with a
single-family residence constructed in 1941 and has been under the
ownership of DMM Holdings since September 3, 2025. The property is
located adjacent to and in close proximity to existing and planned multi -
family residential uses, including a CS-zoned property to the east that was
rezoned in 2024 and approved by City Council on February 5, 2025. Given
this context, staff finds that rezoning the property to CS would provide a
logical and compatible transition consistent with nearby zoning and land use
patterns. The CS district permits a maximum building height of five stories,
compared to the three-story maximum allowed in RSF-4. Staff finds that even
at the maximum height, a multi-family residential building would be
appropriate given the adjacent CS zoning and emerging multi-family
character of the area.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with City Plan 2040 and the property’s Future Land Use designation as a City
Neighborhood area. Rezoning the property to CS supports City Plan 2040
Goal #6 by expanding housing choices and encouraging a mix of housing
transportation networks. The site’s location and surrounding context
support continued residential development at a higher intensity, and the
rezoning would help correct an outdated zoning boundary while advancing
long-range land use goals.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning to CS is justified and appropriate at
this time. The rezoning would allow for a mix of residential and
neighborhood-serving non-residential uses consistent with the City
Neighborhood designation and surrounding zoning pattern, and it supports
the City’s objectives for infill development and housing diversity.
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 will likely result in an increase in traffic
to and from the site. Additional traffic increases are also anticipated due to
planned multi-family residential development on nearby properties to the
west that are currently zoned CS. While an increase in traffic is expected,
staff finds that potential impacts can be adequately addressed through site
design, access management, and required transportation-related
improvements at the time of review and permitting. As such, staff does not
find that the proposed rezoning would create an undue traffic danger or level
of congestion that would warrant denial of the 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 CS zoning district allows residential development by right and is
therefore expected to increase population density in the area. The subject
property is currently served by existing water, sanitary sewer, and fully
improved public streets. Any development associated with SIP-2025-0007 or
future projects on the site will be required to demonstrate adequate capacity
and make necessary improvements to public infrastructure in compliance
with City standards. Staff finds that the anticipated increase in density can
be accommodated and does not create an undue burden on public services.
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
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 4 of 19
RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0068 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 §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre
o §161.16 District RMF-24, Residential Multi-Family – Twenty-Four (24) Units
Per Acre
o §161.21 District C-1, Neighborhood Commercial
o §161.22 District CS, Community Services
• Long-Range Planning Exhibit
o LRP Memo
• Applicant Exhibits
• Request Letter
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 5 of 19
Werner
Castin
7-0
WYMAN RD
HUNTSVILLERD
CROSSOVER
RD
ARMSTRONGAVE
HAPPY
HOLLOW
RD
15TH ST
I-1
I-2
RMF-24
R-O
C-2
C-1
R-A
RSF-4
RPZD
MSC
P-1
RI-U
NC
CS
UT
RSF-8
UN
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0068 1967 E. HUNTSVILLE RD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 6 of 19
Proposed CS
RA
Y
A
V
E
JE
R
R
Y
A
V
E
LEDIEPL
FAIRLANE ST
CH
E
R
R
Y
L
N
DOCKERY
LN
LEE ST
HELEN ST
HUNTSVILLE RD
RI-12P-1
RSF-7
RSF-4
I-2
C-2
RMF-24
NS-L
C-1
NS-G
RSF-8
RI-U
CS
UN
Regional Link - High Activity
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0068 1967 E. HUNTSVILLE RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-1
CS
RMF-24
RSF-4
0.0
0.8
0.0
0.0
Total 0.8 ac1:2,400
Current
0.0
0.0
0.2
0.6
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 7 of 19
FAIRLANE
ST
HAPPY
HOLLOW
RD
RA
Y
A
V
E
HUNTSVILLE RD
HAPPY
HOLLOWRD
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-2025-0068 1967 E. HUNTSVILLE RD N
0 225 450 675 900112.5
Feet
Subject Property
Mixed Residential
Single-Family Residential
Commercial
Single-Family Residential
1:3,600
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 8 of 19
City
Neighborhood
Civic
Institutional
Industrial
Natural
Residential
Neighborhood WYMAN RD
HUNTSVILLE RD
CROSSOVER
RD
ARMSTRONGAVE
HAPPY
HOLLOW
RD
15TH ST
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Neighborhood 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-2025-0068 1967 E. HUNTSVILLE RD N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 9 of 19
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 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
Hillside Overlay
District Lot
minimum width
60 feet 70 feet
Hillside Overlay
District Lot
area minimum
8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 10 of 19
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.
161.16 - District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing
of a variety of dwelling types in suitable environments in a variety of densities.
(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 26 Multi-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 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a Manufactured home park 50 feet
Single-family 35 feet
Two (2) family 35 feet
Three (3) family or more 70 feet
Professional offices 100 feet
(2) Lot Area Minimum.
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 11 of 19
Manufactured home park 3 acres
Lot within a mobile home park 4,200 square feet
Townhouses: Individual lot 2,000 square feet
Single-family 3,000 square feet
Two (2) family 4,000 square feet
Three (3) family or more 7,000 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(E) Setback Requirements.
Front Side Other Uses
A build-to zone that is located between the front
property line and a line 25 feet from the front
property line.
8 feet
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 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, between 10—20 feet from the master
street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back
greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an
additional setback from any side boundary line of an adjacent single family district. The amount of additional setback
for the portion of the building over two (2) stories shall be equal to the difference between the total height of that
portion of the building, and two (2) stories.
(G) Building Area. 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(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; 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. 5495, 4-17-12; 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, 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, §6(Exh. E), 5-2-23; 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.
161.21 - District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum
buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 12 of 19
Unit 5 Government Facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
(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 16 Shopping goods
Unit 34 Liquor stores
Unit 35 Outdoor music establishments*
Unit 36 Wireless communications facilities*
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 15 feet
Front, if parking is allowed between the right-
of-way and the building
50 feet
Side None
Side, when contiguous to a residential district 10 feet
Rear 20 feet
Urban Form Setback Regulations:
Front A build-to zone that is located
between 10 feet and a line 25 feet
from the front property line
Side and rear None
Side or rear, when contiguous to a
single-family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the
portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of
the building, and two (2) stories.
(G)
Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H)
Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312,
4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-
15-19; Ord. No. 6521, §4, 1-18-22)
161.22 - Community Services
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 13 of 19
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas and is intended to provide for
adaptable mixed use centers located along commercial corridors that connect denser development
nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings
addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is
a commercial zone. The intent of this zoning district is to provide standards that enable development to
be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All Others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front: A build-to zone that is located between 10 feet
and a line 25 feet from the front property line.
Side and Rear: None
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 14 of 19
Side or rear, when
contiguous to a single-
family residential
district:
15 feet
(F) Building Height Regulations.
Building
Height
Maximum
5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5,
7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; Ord. No. 6879, §2, 5-20-25)
Editor's note— 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-2025-0068 (DMM HOLDINGS LLC)
Page 15 of 19
TO: Citlali Samano, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: January 12, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2025-0068
BACKGROUND:
The applicant requests to rezone approximately 0.83 acres from a mix of RSF-4, RMF-24, and
C-1 to CS, Community Services. 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 City Neighborhood area, which are “more densely developed than
residential neighborhood areas and provide a mix of non-residential and residential uses.” This
designation supports the widest spectrum of uses and encourages density in all housing types
and non-residential and commercial uses along major corridors.1 The request aligns with this
designation by adding commercial use opportunities to the site which are not permitted in the
areas zoned RSF-4 and RMF-24. CS is an appropriate use that would allow a variety of uses and
housing types in an area with existing infrastructure to support it. This aligns with goals 1, 2, 3,
and 6 of City Plan 2040.
Property History:
The subject property contains a single-family dwelling constructed ca. 1941, according to
Washington County Tax Assessor records. The building is of historic age but does not retain
integrity of design or materials and is not eligible for the state or National Register of Historic
Places.
1 City Plan 2040, 130.
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 16 of 19
This area was annexed into the city in 1965 (Ord. No. 1458). In 1970, the property was zoned
R-1, Low Density Residential.
In 2003, portions of the property were rezoned to C-1 and RMF-24 resulting in a single parcel
with multiple zoning districts.
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 17 of 19
ENGINEERING SERVICES INC.
1207 S. Old Missouri Rd. P.O. Box 282 Springdale, Arkansas 72765-0282 Ph: 479-751-8733 Fax: 479-751-8746
December 2, 2025
Jonathan Curth, Director Submitted Electronically via EnerGov
Development Services
City of Fayetteville, Arkansas
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning Request
1967 E Huntsville Ave.
Mr. Curth,
We are submitting application materials to rezone approximately 0.83 acres at 1967 E Huntsville
Ave from a combination of RSF-4, RMF-24, and C-1 districts to CS (Community Services).
The property to be rezoned is one parcel, 765-15203-000 which is owned by DMM Holdings,
LLC. The property is located along the South side of E Huntsville between S Ray Ave and Jerry
Ave approximately 0.33 miles West of the intersection of E Huntsville Ave and Hwy 265 .
The property is being rezoned to allow for future residential development of the property. There
is an existing structure on the property which the owner intends to remove and replace with new
residential structures in a concurrent SIP submittal.
Our requested zoning of CS would be the preferred district for several reasons:
• The requested district would be compatible with surrounding properties/uses in that
there are several nearby properties that are already in the requested district.
• Planning Commission has indicated their approval/desire for this district in the area by
recently approving the rezoning of other properties in the area into this district. One
recent example is RZN-2024-0059 for 0.54 acres located at 2015 E Huntsville.
• The requested district would allow for the proposed future development . Density, bulk
and area regulations, building setbacks, and allowed uses are all compatible with the
owner’s proposed development of the site.
• The CS district would accommodate the proposed development and is consistent with
the city’s future land use map as this is a City Neighborhood area. It would also offer
some flexibility in housing and commercial types within the City Neighborhood area.
The future land use plan designates this area as City Neighborhood . City Plan 2030 states:
“City Neighborhood Areas are more densely developed than residential neighborhood
areas and provide a varying mix of nonresidential and residential uses. This designation
supports the widest spectrum of uses and encourages density in all housing types, from
single family to multifamily.”
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 18 of 19
December 2, 2025
1967 E Huntsville Ave. Rezoning
Page 2
Brian J. Moore, P.E. Tim J. Mays, P.E. Jason Appel, P.E. Jerry W. Martin President Vice President Secretary/Treasurer Chairman of the Board
No issues related to the ability of existing infrastructure to support future development of the
property are apparent.
Thank you for your consideration of this request.
Sincerely,
Jonathan Schmitz
Jonathan Schmitz
Planning Commission
January 12, 2026
RZN-2025-0068 (DMM HOLDINGS LLC)
Page 19 of 19
Form vl 55
NNAECEIVE
2/9/2026D
flied Za CTYOFFAYETTEVL_E
CITY CLERK'S CFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 574816
PO#:
Matter of: ORD 6971
AFFIDAVIT•STATE OF ARKANSAS
is 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 6971
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$101.84.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 711W/1/ 441 .16.....5r _ .
Legal Clerk ��` �-G� BRAS (4‘
� •N��SSip�•�• 9�%
O.or. 22.20 `.�
State of ARKANSAS,County of Sebastian :} pTARy m'
Subscribed and sworn to before me on this 9th day of February. 2026 _m 2
PUB G o• 2;
NOT RY PUBLIC
Ordinance:6971
File Number: 2026-103
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
68 FOR APPROXIMATELY 0.83
ACRES LOCATED AT 1967 EAST
HUNTSVILLE ROAD IN WARD 1
FROM RSF-4,RESIDENTIAL SIN-
GLE-FAMILY,FOUR UNITS PER
ACRE; RMF-24, RESIDENTIAL
MULTI-FAMILY, 24 UNITS PER
ACRE; AND C-1, NEIGHBOR-
HOOD COMMERCIAL TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville.
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B)both attached to the
Planning Department's Agenda
Memo from RSF-4,Residential
Single-Family, Four Units per
Acre; RMF-24, Residential
Multi-Family,24 Units per Acre;
and C-1, Neighborhood Com-
mercial to CS,Community Serv-
ices.
Section 2: That the Clty
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:$101.84
February 8,2026 574816