HomeMy WebLinkAboutOrdinance 6972Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6972
File Number: 2026-105
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-64
FOR APPROXIMATELY 0.33 ACRES LOCATED AT 1417 NORTH ADDINGTON AVENUE IN WARD 2
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RSF-18, RESIDENTIAL
SINGLE-FAMILY, 18 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE
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 RSF-18, Residential
Single-Family, 18 Units per Acre, subject to the attached Bill of Assurance.
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: $ 9595.76
Proposed
RSF-18
MOUNTCOMFORT RD
HENDRIX ST
AD
D
I
N
G
T
O
N
AVE
CEDAR ST
AD
DING
TO
N
AVE
CARTER ST
MAXWELL DR
JAMES ST
ST
E
P
H
E
N
S
A
VE
MOUNTCOMFORTRD
RSF-4
RI-12
C-1
RMF-24
RSF-18RI-U
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0064 1417 N. ADDINGTON AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
RSF-18
RSF-4
0.3
0.0
Total 0.3 ac1:2,400
Current
0.0
0.3
RZN-2025-0064
EXHIBIT A
RZN-2025-0064
EXHIBIT B
LEGAL DESCRIPTION
1417 N. ADDINGTON AVENUE
Lot 1, Block 3, Hendrix Addition, to the City of Fayetteville, Washington
County, Arkansas, as per plat on file in the Office of the Circuit Clerk and
Ex-Officio Recorder of Washington County, Arkansas.
Less & Except:
200 feet of equal and uniform width off the North end of Lot 1, Block 3,
Hendrix Addition, to the City of Fayetteville, Washington County,
Arkansas, as per plat on file in the Office of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas.
Subject to recorded instruments, covenants, rights of way, and easements,
if any. Subject to all prior mineral reservations and oil and gas leases, if
any.
1/14/2026
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
2026-105
Item ID
2/3/2026
City Council Meeting Date - Agenda Item Only
RZN-2025-0064: Rezone (1417 N. ADDINGTON AVE/BAUER HAUS, 404): Submitted by BART & PATRICIA BAUER for
property located at 1417 N. ADDINGTON AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 0.33 acres. The request is to rezone the property to RSF-
18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-105
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-64 FOR APPROXIMATELY 0.33 ACRES LOCATED AT 1417 NORTH
ADDINGTON AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE,
SUBJECT TO A BILL OF ASSURANCE
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 RSF-18, Residential Single-Family, 18 Units per Acre, subject to the attached Bill of
Assurance.
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
2026-105
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: Wesley Frank, Planner
SUBJECT: RZN-2025-0064: Rezone (1417 N. ADDINGTON AVE/BAUER HAUS, 404): Submitted by
BART & PATRICIA BAUER for property located at 1417 N. ADDINGTON AVE in WARD
2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE and contains approximately 0.33 acres. The request is to rezone the property
to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE.
RECOMMENDATION:
City Planning staff recommends denial and the Planning Commission recommend approval of a request to
rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is located at the northwest corner of the N. Addington Avenue and W. Mount Comfort
Street intersection. The property contains 0.33 acres and is currently developed with a single-family dwelling
which Washington County records indicate was built in 1941, and an accessory dwelling unit which was
developed in 2020. A previous rezoning request on this property was denied by Planning Commission on
March 10, 2025. At that time, Commission discussion largely revolved around the potential development
outcomes from a rezoning and how the proposed rezoning would not introduce additional housing options.
Request: The applicant is requesting to rezone the property from RSF-4, Residential Single-Family – 4 Units
per Acre, to RSF-18, Residential Single-Family – 18 Units per Acre, subject to a bill of assurance limiting the
number of residential units to two.
Public Comment: Staff received one comment in opposition to the rezoning citing higher density concerns.
Land Use Compatibility: Staff finds the request to a higher-density zoning district to be generally compatible
from a current land use perspective, but had concerns about the applicant's provided Bill of Assurance.
Properties surrounding the subject property’s neighboring properties are comprised mostly of low-density
single-family dwellings. Of note however, there does exist a diversity of housing types in close proximity. The
lot within the subject property is relatively small, at 0.33 acre, which suggests that any future development will
be limited in size. Given the building requirements and permitted uses associated with the RSF-18 zoning
district, any future development will likely be compatible in scale with surrounding properties. In terms of land
use, the subject property is located near single-family, multi-family, commercial, and industrial zoning districts.
The building height maximum for both RSF-4 and RSF-18 zoning districts is 3 stories, which means that
rezoning would not permit the construction of any taller buildings. A prominent distinction between the districts
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
is their setbacks with the front and rear setback requirements, lot size, and lot width requirements being
reduced under RSF-18. Where RSF-4 requires a 15-foot front and rear setback, RSF-18 would require a 25-
foot build-to-zone and a 5-foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a
minimum width of 70 feet, RSF-18 would require a lot size of 2,500 square feet (single-family) or 2,000 square
feet (two-family), and a lot width minimum of 30 feet.
The applicant has submitted a Bill of Assurance for consideration, limiting the property to only allow for two
residential units. Staff does agree that the subject property would benefit from a rezoning to allow for additional
density, and supported the original rezoning to RSF-18 at the March 10, 2025 PC meeting; however, the
proposal with the Bill of Assurance limits development potential, which led to staff's ultimate recommendation.
Land Use Plan Analysis: Staff finds the request to be inconsistent with City Plan 2040’s Future Land Use Map
designates the property as Residential Neighborhood, but does border the City Neighborhood designation. The
subject property also has an infill score of 8 and is located 0.35 of a mile northwest of a Tier 2 center at the
intersection of W. Wedington Drive and N. Garland Avenue. City Plan 2040 describes Tier 2 centers as being
“characterized by housing that ranges from one- to three- story detached dwellings, duplexes, row houses, and
mid-rise apartments.” Staff finds that with the Bill of Assurance limiting the potential for housing options, the
requested rezoning would not be compatible with the City’s housing development goals (#1, 2, 3, and 6).
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8. The following elements
of the matrix contribute to the score:
• Adequate Fire Response (Station 8, 2266 W. Deane Street)
• Near Sewer Main (8-inch and 6-inch sewer mains N. Addington Avenue; 6-inch main W. Mount Comfort
Road)
• Near Water Main (6-inch main N. Addington Avenue)
• Near Grocery Store (Harps Food Store)
• Near City Park (Lewis Park)
• Near U of A Campus
• Near Paved Trail (Mount Comfort Road)
• Near Razorback Bus Stop (Garden Park and Mount Comfort & Stephens)
DISCUSSION:
At the January 12, 2026, Planning Commission meeting, a vote of 5-2-0 was cast to reconsider the item. The
Planning Commission then voted 5-2-0 to forward the request to City Council with a recommendation of
approval, including a bill of assurance. Commissioners Werner and Gulley were opposed. The applicant
resubmitted the rezoning application to RSF-18 with the addition of a Bill of Assurance limiting the property to
two single-family structures. Currently, the property is developed with a single-family dwelling and an
accessory dwelling unit (ADU). The applicant stated that they intend to use the reduced RSF-18 lot minimums
to split the property into two lots with each residential unit on its own lot. Staff is opposed to the proposed
rezoning due in part to the inclusion of the Bill of Assurance, stating that this would limit potential development
on the property and that the rezoning application did not address development concerns raised by the Planning
Commission in the March 2025 meeting. The Commissioners spoke on development and parking concerns
should the rezoning and lot split be approved. No members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A , 5. Exhibit B, 6. Bill of Assurance, 7. Staff Report
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner") Bauer Haus,
LLC an Arkansas Limited Liability Company, hereby voluntarily offers this Bill of
Assurance and enters into this binding agreement and contract with the City of
Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. The use of Petitioner's property shall be limited to no further lot splits.
2. Other restrictions including number and type of structures upon the property
are limited to no more than two (2) single-family residential homes.
3. Specific activities will not be allowed upon petitioner's property include
Not applicable
4. (Any other terms or conditions)
Not applicable
5. Petitioner specifically agrees that all such restrictions and terms shall run with
the land and bind all future owners unless and until specifically released by Resolution
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, l A-m C f i as uL /e- , as the owner, developer,
buyer, (Petitioner) voluntarily offer all such assurances and sign my name below.
Date Printed Name
3" VJ
Address
-� P, Vkcr- 'f--- P(- 7a7S(o
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
Title (if on behalf of business entity)
��}Tpj em- 9w-ue'e,
Signature
NOTARY OATH
On this, the 1 day of JaIA�K4 , 202(, before me, the undersigned
notary, personally appeared &kiri6a. qe P-Jr' , known to me (or satisfactorily
proven) to be the person(s) whose name is/ are subscribed to the above and, after being
placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to
sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and
executed the same for the purposes therein contained.
ww-d W10"Id? WW- -I'd,
My Commission Expires:
BLAIRE BRADBURY
Notary Public • Arkansas
Washington County
Commission 8 12712936
My Commission Expires Jan 15, 203
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Wesley Frank, Planner
MEETING DATE: January 12, 2026
SUBJECT: RZN-2025-0064: Rezone (1417 N. ADDINGTON AVE/BAUER HAUS,
404): Submitted by BART & PATRICIA BAUER for property located at 1417
N. ADDINGTON AVE. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately
0.33 acres. The request is to rezone the property to RSF-18,
RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends denial of RZN-2025-0064.
RECOMMENDED MOTION:
If in support:
1. “I move that there is sufficient evidence to justify reconsideration of this item.”
2. “I move to forward RZN-2025-0064 to City Council with a recommendation of approval.”
If not in support:
1. “I move that there is insufficient evidence to justify reconsideration of this item.”
BACKGROUND:
The subject property is located at the corner of the N. Addington Avenue and W. Mount Comfort
Street intersection. The property contains 0.33 acres and is currently developed with a single-
family dwelling which Washington County records indicate was built in 1941, and an accessory
dwelling unit which was developed in 2020. A previous rezoning request on this property was
denied by Planning Commission on March 10, 2025. Commissioners discussed how the proposed
rezoning would not introduce additional housing options and that RI-U may be better suited at this
location. Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-Family Residential RSF-4, Residential Single-Family – 4 Units per Acre
South Multi-Family Residential RMF-24, Residential Multi-Family – 24 Units per Acre
East Single-Family Residential RSF-4, Residential Single-Family – 4 Units per Acre
West Single-Family Residential RSF-4, Residential Single-Family – 4 Units per Acre
Request: The applicant is requesting to rezone the property from RSF-4, Residential Single-
Family – 4 Units per Acre, to RSF-18, Residential Single-Family – 18 Units per Acre. The applicant
has stated that rezoning would allow for appropriate infill. The applicant has also offered a Bill of
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 1 of 18
Updated w/ meeting results
Assurance that limits the number of residential units to two structures allowed on the property. It
is attached to this staff packet for the Commission’s consideration.
Public Comment: Staff has received one comment that was in opposition to the rezoning citing
higher density concerns.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has a road frontage along North Addington Avenue. North
Addington Avenue is a partially improved Residential Link Street with asphalt
paving and open ditches. The subject area has a road frontage along West Mount
Comfort Road. West Mount Comfort Road is a partially improved Residential Link
Street 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. Existing 6-inch water main is present
along North Addington Avenue. Existing 8-inch water main is present along West
Mount Comfort Road.
Sewer: Sanitary Sewer is available to the subject property. There is an existing 8-inch and
6-inch sewer main present along North Addington Avenue. In addition, there is an
existing 6-inch sewer main present along West Mount Comfort Road. There are
known wet weather sewer capacity issues identified in the City’s 2025 Sewer
Master Plan that appear in the system 350 feet Northwest of this property.
Fire: Station 8, located at 2266 W Deane St., protects this site. The property is located
approximately 1 mile from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 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. Fire apparatus
access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside-Hilltop Overlay District, nor within
a Streamside Protection Zone. The property does not lie in the FEMA floodplain.
Any additional improvements or requirements for drainage will be determined at
the time of development.
There are hydric soils 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
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 2 of 18
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.
Tree Preservation:
The proposed zoning district of RSF-18, Residential Single-Family – 18 Units per
Acre, requires 20% minimum canopy preservation. The current zoning district
of RSF-4, Residential Single-Family – 4 Units per Acre, requires 25% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood.
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 nonresidential 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 8 for this site
with a weighted score of 9.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 8, 2266 W. Deane Street)
• Near Sewer Main (8-inch and 6-inch sewer mains N. Addington Avenue; 6-inch main W.
Mount Comfort Road)
• Near Water Main (6-inch main N. Addington Avenue)
• Near Grocery Store (Harps Food Store)
• Near City Park (Lewis Soccer Complex)
• Near U of A Campus
• Near Paved Trail (Mount Comfort Road)
• Near Razorback Bus Stop (Garden Park and Mount Comfort & Stephens)
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’s neighboring properties are
comprised mostly of low-density single-family dwellings. There does exist a
diversity of housing types on the street, especially similarly zoned RSF-18
properties on W. Hendrix Street – the properties in this zoning district have
not currently developed to increase the lots’ density. The lot within the
subject property is relatively small, at 0.33 acre, which suggests that any
future development will be limited in size. Given the building requirements
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 3 of 18
and permitted uses associated with the RSF-18 zoning district, any future
development will likely be compatible in scale with surrounding properties.
In terms of land use, the subject property is located near single-family, multi-
family, commercial, and industrial zoning districts. The building height
maximum for both RSF-4 and RSF-18 zoning districts is 3 stories, which
means that rezoning would not permit the construction of any taller
buildings. However, the front and rear setback requirements, lot size, and lot
width requirements would all be reduced. Where RSF-4 requires a 15-foot
front and rear setback, RSF-18 would require a 25-foot build-to-zone and a 5-
foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet
and a minimum width of 70 feet, RSF-18 would require a lot size of 2,500
square feet (single-family) or 2,000 square feet (two-family), and a lot width
minimum of 30 feet.
The applicant has submitted a Bill of Assurance for consideration, limiting
the property to only allow for two residential units. Staff does agree that the
subject property would benefit from a rezoning to allow for additional
density; however, the proposal with the Bill of Assurance limits constrains
any development potential.
Land Use Plan Analysis: City Plan 2040’s Future Land Use Map designates
the property as Residential Neighborhood, but does border the City
Neighborhood designation. The subject property also has an infill score of 8
and is located 0.35 of a mile north west from a Tier 2 center at the intersection
of W. Wedington Drive and N. Garland Avenue. The City Plan 2040 describes
Tier 2 centers as being “characterized by housing that ranges from one- to
three- story detached dwellings, duplexes, row houses, and mid-rise
apartments.” Staff finds that with the Bill of Assurance limiting the potential
for housing options, the requested rezoning would not be compatible with
the City’s housing development goals (#1, 2, 3, and 6).
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: As the request has not changed since the previous submittal and is limited
by the proposed Bill of Assurance, staff does not find that the rezoning
request to be justified.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to RSF-18 has the potential to increase
traffic in this area. However, given the size of the lot and the ability to access
it via a Residential Link street, staff finds that the possibility of increased
traffic danger and congestion is minimal.
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 subject property from RSF-4 to RSF-18 would have the
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 4 of 18
potential to increase population density in this area in a way that would not
undesirably increase the load on public services. Staff finds that the water
and sewer infrastructure available to this site could support the impact that
this zoning change would bring. The Fayetteville School District did not
provide comment on this rezoning.
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 denial of RZN-2025-0064.
PLANNING COMMISSION ACTION: Required YES
Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 RSF-4, Residential Single-Family – Four (4) Units per Acre
o §161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
• Long Range Planning Memo
• Applicant Request Letter
• Bill of Assurance
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 5 of 18
Upon a motion by Commissioner
McGetrick and a second by
Commissioner Castin, the
Commission voted 5-2-0 (Payne and
Madden dissented) to reconsider the
rezoning.
Upon a motion by Commissioner
Castin and a second by
Commissioner McGetrick, the
Commission voted 5-2-0 (Werner
and Gulley dissented) to forward the
item to City Council.
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 th ese 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.
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.
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 6 of 18
(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. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 7 of 18
161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre
(A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient
development of single-family detached residences in a variety of densities.
(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.
Units per acre Eighteen (18) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 30 feet
Two (2) family 30 feet
(2) Lot Area Minimum.
Townhouses: individual lot 1,250 square feet
Single-family 2,500 square feet
Two-family 2,000 square feet
(E) Setback Requirements.
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 8 of 18
Front Side Side-Zero Lot Line* Rear
A build-to
zone that is
located
between the
front property
line and a line
25 ft. from the
front property
line.
5 feet
on
both
sides
A setback of less than
five feet (zero lot line)
is permitted on one
interior side, provided
a maintenance
agreement is filed**.
The remaining side
setback(s) shall be 10
feet.
5 feet
* A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building
Code when locating a structure in close proximity to property lines and/or adjacent structures.
** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line.
This may be provided through a perpetual maintenance easement on the adjacent property, or through a
combination of a maintenance easement and private property. Walls, fences and customary yard accessories are
permitted in the maintenance area.
(F) Building Height Regulations.
Building Height Maximum 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 for two-family dwellings.
(Ord. No. 5800, §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; 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. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause)
and Ord. No. 6625 (extending 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 December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or
further amend this sunset, repeal and termination section.
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 9 of 18
CLEVELAND ST
GARLAND
AVE
SYCAMORE ST
DEANE ST
GARLAND
AVE
WEDINGTON DR NORTH ST
LE
V
E
R
E
T
T
A
V
E
GA
R
L
A
N
D
A
V
E
SANG
AVE
GA
R
L
A
N
D
A
V
E
GARLAND
AVE
RMF-40
R-O
C-1
RSF-4
I-1
P-1
RMF-24
C-2
R-A
CS
NC
RSF-18
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0064 1417 N. ADDINGTON AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS LLC)
Page 10 of 18
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 10 of 18
Proposed
RSF-18
MOUNTCOMFORT RD
HENDRIX ST
AD
D
I
N
G
T
O
N
AVE
CEDAR ST
AD
DING
TO
N
AVE
CARTER ST
MAXWELL DR
JAMES ST
ST
E
P
H
E
N
S
A
VE
MOUNTCOMFORTRD
RSF-4
RI-12
C-1
RMF-24
RSF-18RI-U
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0064 1417 N. ADDINGTON AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
RSF-18
RSF-4
0.3
0.0
Total 0.3 ac1:2,400
Current
0.0
0.3
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS LLC)
Page 11 of 18
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 11 of 18
MOUNT
COMFORT RD
GARLAND
AVE
GA
R
L
A
N
D
A
V
E
WEDINGTONDR
GARLAND
AVE
2025 Imagery | EagleView Technologies | Surdex Corporation
Regional Link
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2025-0064 1417 N. ADDINGTON AVE N
0 225 450 675 900112.5
Feet
Subject Property
Mixed Residential
Multi-Family Residential
Mixed Residential
Mixed Residential
1:3,600
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS LLC)
Page 12 of 18
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 12 of 18
City
Neighborhood
Civic and
Private
Open Space
Non-Municipal
Government
Residential
Neighborhood
NORTH ST
GARLAND
AVE
SYCAMORE ST
DEANE ST
GARLAND
AVE
GA
R
L
A
N
D
A
V
E
WEDINGTON DR
GA
R
L
A
N
D
A
V
E
GARLAND
AVE
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2025-0064 1417 N. ADDINGTON AVE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS LLC)
Page 13 of 18
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 13 of 18
TO: Wes Frank, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: January 12, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2025-0064
BACKGROUND:
The applicant requests to rezone approximately 0.33 acres from RSF-4, Residential Single-
Family, Four Units per Acre to RSF-18, Residential Single-Family, Eighteen Units per Acre. One
long range planning document is relevant when evaluating this request: City Plan 2040.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
• Goal 1 – We will make appropriate infill and revitalization our highest priority.
• Goal 2 – We will discourage suburban sprawl.
• Goal 3 – We will make compact, complete, and connected development the standard.
• Goal 6 – We will create opportunities for attainable housing.
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 density of single family dwellings through more
flexible lot width and area requirements, although other districts like RI-U may provide even
greater flexibility for future residential development by adding the potential for two-, three-, or four-
family dwellings by right.
The applicant refers to a Bill of Assurance that would state “only the two existing homes would
be allowed on that parcel and that no new homes can be built ever and no more lot splits would
be allowed.” At the time of writing, the actual Bill of Assurance was not available for review.
However, even without this document, the permitted uses and development standards allowed
under RSF-18 are all appropriate for the area and the Commission could consider forwarding
1 City Plan 2040, 128.
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS LLC)
Page 14 of 18
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 14 of 18
the item without the Bill of Assurance if one is provided. The applicant’s stated intent to simply
split the lot to sell the buildings separately is appropriate, and RSF-18 would facilitate the
narrower lot width minimum for the lot split. Numerous requests for rezoning along this stretch of
W. Mount Comfort Road indicate that there may be a need for a neighborhood plan to clearly
illustrate the vision for the future of this neighborhood.
Property History:
The subject property contains two single-family dwellings constructed ca. 1941 and 2020,
according to Washington County Tax Assessor records. The 1941 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 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-2025-0064 (BAUER HAUS LLC)
Page 15 of 18
Planning Commission
January 12, 2026
RZN-2025-0064 (BAUER HAUS)
Page 15 of 18
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner") Bauer Haus,
LLC an Arkansas Limited Liability Company, hereby voluntarily offers this Bill of
Assurance and enters into this binding agreement and contract with the City of
Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. The use of Petitioner's property shall be limited to no further lot splits.
2. Other restrictions including number and type of structures upon the property
are limited to no more than two (2) single-family residential homes.
3. Specific activities will not be allowed upon petitioner's property include
Not applicable
4. (Any other terms or conditions)
Not applicable
5. Petitioner specifically agrees that all such restrictions and terms shall run with
the land and bind all future owners unless and until specifically released by Resolution
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, l A-m C f i as uL /e- , as the owner, developer,
buyer, (Petitioner) voluntarily offer all such assurances and sign my name below.
Date Printed Name
3" VJ
Address
-� P, Vkcr- 'f--- P(- 7a7S(o
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
Title (if on behalf of business entity)
��}Tpj em- 9w-ue'e,
Signature
NOTARY OATH
On this, the 1 day of JaIA�K4 , 202(, before me, the undersigned
notary, personally appeared &kiri6a. qe P-Jr' , known to me (or satisfactorily
proven) to be the person(s) whose name is/ are subscribed to the above and, after being
placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to
sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and
executed the same for the purposes therein contained.
ww-d W10"Id? WW- -I'd,
My Commission Expires:
BLAIRE BRADBURY
Notary Public • Arkansas
Washington County
Commission 8 12712936
My Commission Expires Jan 15, 203
Form vl.55
NV\ ECEIVE
2/9/2026
Media C'Y cF /9/20 EVILLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 574823
PO#:
Matter of: ORD 6972
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 6972
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$95.76.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26
7114.47PIA41 \\\\\\Him III/
Legal Clerk J�;�r�s�'c� F ��
�. �.22.203,�.0. ;
State of ARKANSAS,County of Sebastian _ ()TAR} 9v•N
Subscribed and sworn to before me on this 9th day of February, 2026 -m:� puB'\C 2
a .2�ti. 'Q
%/t NCOUt �`�
ov'v`` �
NOT Y PUBLIC
Ordinance:6972
File Number:2026-105
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
64 FOR APPROXIMATELY 0.33
ACRES LOCATED AT 1417
NORTH ADDINGTON AVENUE IN
WARD 2 FROM RSF-4,RESIDEN-
TIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE TO RSF-18,
RESIDENTIAL SINGLE-FAMILY,
18 UNITS PER ACRE,SUBJECT
TO A BILL OF ASSURANCE
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 RSF-18,Residential Sin-
gle-Family,18 Units per Acre,
subject to the attached Bill of
Assurance.
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:$95.76
February 8,2026 574823