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HomeMy WebLinkAboutOrdinance 6973Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6973 File Number: 2026-106 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-62 FOR APPROXIMATELY 4.8 ACRES LOCATED AT 1439 NORTH RUPPLE ROAD IN WARD 4 FROM C-1, NEIGHBORHOOD COMMERCIAL; RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE; AND RSF-8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE 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 C-1, Neighborhood Commercial; RSF-4, Residential Single-Family, Four Units Per Acre; RMF-12, Residential Multi-Family, 12 Units Per Acre; and RSF-8, Residential Single-Family, 8 Units Per Acre 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: $ 107.92 Proposed CS SARDINIA WAY SICILY LN MALTA LN CONGRESSIONAL ST MONET DR SANTA MARIA LN HA Z EL T I N E DR CO RSI C A DR IZ A R D L N RUPPLE R D RU P P L E R D RSF-4 RSF-1 RMF-12 C-1 RSF-8 CS RPZD Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0062 1439 N. RUPPLE RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-1 CS RMF-12 RSF-4 RSF-8 0.0 4.8 0.0 0.0 0.0 Total 4.8 ac1:2,400 Current 4.5 0.0 0.2 0.0 0.1 RZN-2025-0062 EXHIBIT A Parcel ID: 765-24086-100 A part of the SW 1/4 of the NE 1/4 of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Northeast corner of the SW 1/4 of the NE 1/4 of said Section 12; Thence N87°18'57"W 40.00 feet to the point of beginning, said point being on the west right-of-way of North Rupple Road as described in Deed Record Book 2016 at Page 3637; Thence along said west right-of-way S02°39'03"W 499.01 feet; Thence leaving said west right-of-way N87°20'57"W 330.76 feet; Thence N02°39'03"E 499.27 feet; Thence S87°09'53"E 22.13 feet; Thence S87°18'57"E 308.63 feet to the point of beginning, containing 3.79 acres, more or less, and subject to all easements and rights-of-way of record or fact. Parcel ID: 765-24083-000 A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Twelve (12), Township Sixteen (16) North, Range Thirty-One (31) West, Washington County, Arkansas, being more particularly described as follows, to wit: Beginning at the southeast corner of said 40-acre tract, and running thence South 89 degrees 48 minutes West 880.00 feet; Thence North 123.75 feet; Thence North 89 degrees 49 minutes East 530.00 feet; Thence North 14 feet; Thence North 89 degrees 48 minutes East 350.00 feet; Thence South 137.9 feet to the point of beginning, containing 2.69 acres, more or less. Subject to an easement for a road on the east side of said tract. Less and except all that part of the following described land lying within the description shown: A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Twelve (12), Township Sixteen (16) North, Range Thirty-One (31) West, being more particularly described as follows: Commencing at the northeast corner of said 40-acre tract; Thence S 02 degrees 25'15" W along the east line of said 40-acre tract 331.48 feet to the true point of beginning, said point being in Rupple Road and from which a 1/2" iron rebar reference iron set on the west right-of-way line of said road bears N 87 degrees 08'21" W 22.68 feet; Thence S 02 degrees 25'15" W 607.93 feet to a point in Rupple Road from which a 1/2" iron GIS Approved 12/12/2025 RZN-2025-0062 EXHIBIT B rebar reference iron set on the west right-of-way line of said road right-of-way line of said road bears N 87 degrees 58'00" W 25.77 feet; Thence leaving the east line of said 40-acre tract and running along an existing fence N 87 degrees 58'00" W 350.00 feet to a set 1/2" iron rebar; Thence S 02 degrees 25'15" W 257.72 feet to a set 1/2" iron rebar; Thence N 87 degrees 08'31" W 39.39 feet to a set 1/2" iron rebar; Thence S 03 degrees 41'07" W 123.76 feet along an existing fence to a set 1/2" iron rebar on the south line of said 40-acre tract; Thence N 87 degrees 08'31" W 503.85 feet along the south line of said 40-acre tract to an existing iron at the southeast corner of Willow Springs Subdivision; Thence N 02 degrees 42'53" E 994.45 feet along the east line of said subdivision to a set 1/2" iron rebar; Thence leaving the east line of said subdivision S 87 degrees 08'21" E 890.58 feet to the point of beginning, containing 17.19 acres, more or less. Recital: This property is 1.11 acres, more or less. This property is designated on the County Tax Rolls as Tax Parcel No: 765-24083-000 of Washington County, Arkansas. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-106 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0062: Rezoning (1439 & SOUTH OF 1439 N. RUPPLE RD./RUPPLE ROAD LLC, 400): Submitted by WESLEY BATES for properties located at 1439 N. RUPPLE RD in WARD 4. The properties are zoned C-1, NEIGHBORHOOD COMMERCIAL, RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE, and contains approximately 4.8 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 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 -$ -$ Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-106 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-62 FOR APPROXIMATELY 4.8 ACRES LOCATED AT 1439 NORTH RUPPLE ROAD IN WARD 4 FROM C-1, NEIGHBORHOOD COMMERCIAL; RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE; AND RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE 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 C-1, Neighborhood Commercial; RSF-4, Residential Single-Family, Four Units Per Acre; RMF-12, Residential Multi-Family, 12 Units Per Acre; and RSF-8, Residential Single-Family, 8 Units Per Acre 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 2026-106 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-2025-0062: Rezoning (1439 & SOUTH OF 1439 N. RUPPLE RD./RUPPLE ROAD LLC, 400): Submitted by WESLEY BATES for properties located at 1439 N. RUPPLE RD in WARD 4. The properties are zoned C-1, NEIGHBORHOOD COMMERCIAL, RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE, and contains approximately 4.8 acres. The request is to rezone the properties 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 two parcels located in west Fayetteville approximately 800 feet north of the W. Wedington Dr and N. Rupple Rd intersection. The parcels are currently undeveloped and on the west side of Rupple Road, to the northeast of the Rupple Meadows subdivision. No portion of the property is within FEMA- designated floodplain or floodway, and there are potentially hydric soils at the northwestern-most corner. The subject properties are located in the Wedington Corridor Master Plan Area. Request: The request is to rezone the subject properties from C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units Per Acre, RMF-12, Residential Multi-Family, 12 Units Per Acre, And RSF-8, Residential Single-Family, 8 Units Per Acre, to CS, Community Services. Public Comment: Staff has not received any public comment. Land Use Compatibility: Staff finds the proposed zoning of CS, Community Services to be compatible with the surrounding mix of residential and commercial uses. The properties are located near the intersection of W. Wedington Dr and N. Rupple Rd in an area that contains a variety of land uses and is well served by city services. The properties’ most prominent zoning district, C-1, Neighborhood Commercial, is designed to encourage the development of smaller-scale commercial which can serve nearby residential concentrations. The proposed CS is intended to provide for adaptable mixed-use centers located along commercial corridors that connect denser development nodes. The CS district has comparable nonresidential use schedules to C-1, with the addition of residential uses. While C-1 zoning provides an urban form setback option, development in that zoning district typically follows a more traditional auto-oriented setback with parking in front of structures. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CS requires an urban form setback with buildings addressing the street, which is in character with much of the neighboring properties. CS and C-1 have similar both have no lot standards, with CS requiring an 18-foot lot width minimum for residential uses dwellings. While the parcels are split zoned with very small portions designated RSF-4, RSF-8, and RMF-12, these areas are inadequate to allow significant, if any, residential development. CS allows the same residential use allowances (single- to multi-family) with additional uses but are not uniform for the setbacks in RSF-4 and -8. By allowing for a rezoning to CS, this eliminates this split- zone and allows for more uniform development. Staff finds that the proposed rezoning would allow for more mixed-uses that can support nearby properties without any substantial change to the area’s character. Land Use Plan Analysis: Staff finds that a rezoning to CS for the subject properties would be consistent with the City’s adopted land use plans. The City Plan 2040’s Future Land Use Map designates the properties as City Neighborhood Area which is intended to support the widest spectrum of nonresidential and residential uses. The subject properties lie along N. Rupple Rd, a crucial point within the Wedington Corridor Plan. This plan calls for a walkable area that is developed with mixed-uses near the Wedington and Rupple intersection, which is a Tier 2 City Growth Node located approximately 800 feet to the south. A rezoning from C-1 to CS would support this as CS allows for mixed-uses while C-1 only allows for commercial uses. The other zoning districts that the subject properties enter into do support residential, though they are too small and not long N. Rupple. Staff supports the rezoning to CS as it would allow for a variety of mixed-use allowances that would “provide goods and services for people in surrounding residential areas, which fits well with the existing residential development surrounding the subject property”. A rezoning from CS could also support Goals 1 (infill), 3 (compact development), 6 (opportunities for attainable housing) of City Plan 2040, encouraging infill by allowing for dense mixed-use development along a major thoroughfare in an area that has access to existing city services. 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 7, 835 N. Rupple Rd.) •Near Water Main (12-inch, N. Rupple Rd) •Near Sewer Main (8-inch, N. Sicily Ln; 8-inch south side of the subject properties) •Near City Park (Red Oak and Bruce Davis Parks) •Near Paved Trail (Rupple Side-Path Trail) •Near Razorback Bus Stop (Rupple & Congressional) •Within Master Plan Area (Wedington Corridor Plan) •Appropriate Land Use (City Neighborhood) DISCUSSION: At the January 12, 2026, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Werner motioned and commissioner Castin seconded. No discussion was held between the Commissioners. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0062: Rezoning (1439 & SOUTH OF 1439 N. RUPPLE RD./RUPPLE ROAD LLC, 400): Submitted by WESLEY BATES for properties located at 1439 N. RUPPLE RD. The propert ies are zoned C- 1, NEIGHBORHOOD COMMERCIAL, RSF -4, RESIDENTIAL SINGLE - FAMILY, FOUR UNITS PER ACRE, RMF -12, RESIDENTIAL MULTI - FAMILY, 12 UNITS PER ACRE, and RSF -8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE, and contains approximately 4.8 acres. The request is to rezone the propert ies to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2025-0062 to the City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0062 to the City Council with a recommendation of approval.” BACKGROUND: The subject properties are located in west Fayetteville approximately 800 feet north of the W. Wedington Dr and N. Rupple Rd intersection. The properties are zoned C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units Per Acre, RMF-12, Residential Multi- Family, 12 Units Per Acre, and RSF-8, Residential Single-Family, 8 Units Per Acre, and are undeveloped. The subject properties are located in the Wedington Corridor Master Plan Area. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential RSF-1, Residential Single-Family, 1 Units per Acre South Two-Family Residential RMF-12, Residential Multi-Family, 12 Units per Acre East Multi-Family Residential RPZD, Residential Planned Zoning District West Single-Family and Two-Family Residential RSF-1, Residential Single-Family, 1 Units per Acre; RSF-4, Residential Single-Family, 4 Units per Acre; RSF-8, Residential Single-Family, 8 Units per Acre; RSF-12, Residential Multi-Family, 12 Units per Acre Request: The request is to rezone the subject properties from C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units Per Acre, RMF-12, Residential Multi-Family, 12 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 1 of 24 Updated w/ meeting results Units Per Acre, And RSF-8, Residential Single-Family, 8 Units Per Acre, to CS, Community Services. Public Comment: Staff has not received any public comment. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along N Rupple Rd. N. Rupple Rd is a fully improved Regional Link Street with asphalt paving, sidewalk, curb and gutter. The subject area has a road frontage along N. Sicily Ln. N. Sicily Ln is a fully improved Residential Link Street with asphalt paving, curb & gutter. 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 12-inch water main is present along East side of N Rupple Rd. Sewer: Sanitary sewer is available to the subject area. Existing 8-inch sewer main is present along N. Sicily Ln. Existing 8-inch sewer main is present on the South side of the subject properties. Drainage: Hydric soils are present in the subject area. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. No portion of the properties lies within the Hillside Hilltop Overlay District or FEMA floodplain. Additionally, no protected streams are present on the subject properties. Any improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The properties are located approximately 1 mile from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 2 of 24 Tree Preservation: The proposed zoning district, CS, Community Services, requires a 20% minimum canopy preservation. The current zoning districts, C-1, Neighborhood Commercial, RSF-8, Residential Single-Family, 8 Units per Acre, and RMF-12, Residential Multi-Family, 12 Units per Acre, require a 20% minimum canopy preservation, and RSF-4, Residential Single-Family, 4 Units per Acre, requires a 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties as being within the proposed rezone as City Neighborhood Area. 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 8 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd.) • Near Water Main (12-inch, N. Rupple Rd) • Near Sewer Main (8-inch, N. Sicily Ln; 8-inch south side of the subject properties) • Near City Park (Red Oak Park) • Near Paved Trail (Side-Path Trail) • Near Razorback Bus Stop (Rupple & Congressional) • Within Master Plan Area (Wedington Corridor Plan) • Appropriate Land Use (City Neighborhood) 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 proposed zoning of CS, Community Services to be compatible with the surrounding mix of residential and commercial uses. The properties are located near the intersection of W. Wedington Dr and N. Rupple Rd in an area that contains a variety of land uses and is well served by city services. The properties’ existing majority zoning district, C-1, Neighborhood Commercial, is designed to encourage the development of smaller-scale commercial which can serve nearby residential concentrations. The proposed CS is intended to provide for adaptable mixed-use centers located along commercial corridors that connect denser development nodes. CS have comparable use schedules to C-1, with some exceptions being the introduction of residential uses. While C-1 zoning provides an urban form setback option, development in that zoning district typically follows a more traditional auto-oriented setback requirement with parking in front of structures. CS requires an urban form Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 3 of 24 setback with buildings addressing the street, which is in character with much of the neighboring properties. CS and C-1 have similar both have no lot area minimums. Only CS requires an 18-foot lot width minimum dwellings but is similar to C-1 with no width requirements for all other uses. The parcels are split zoned with RSF-4, RSF-8, and RMF-12, which can support residential by-right, but their location and size do not allow for any significant development. CS allows the same residential use allowances (single- to multi-family) with additional uses but are not uniform for the setbacks in RSF-4 and -8. By allowing for a rezoning to CS, this eliminates this split-zone and allows for more uniform development. Staff finds that the proposed rezoning would allow for more mixed-uses that can support nearby properties without any substantial change to the area’s character. Land Use Plan Analysis: Staff finds that a rezoning to CS for the subject properties would be consistent with the City’s adopted land use plans. The City Plan 2040’s Future Land Use Map designates the properties as City Neighborhood Area which is intended to support the widest spectrum of nonresidential and residential uses. The subject properties lie along N. Rupple Rd, a crucial point within the Wedington Corridor Plan. This plan calls for a walkable area that is developed with mixed-uses near the Wedington and Rupple intersection, which is a Tier 2 City Growth Node located approximately 800 feet to the south. A rezoning from C-1 to CS would support this as CS allows for mixed-uses while C-1 only allows for commercial uses. The other zoning districts that the subject properties enter into do support residential, though they are too small and not long N. Rupple. Staff supports the rezoning to CS as it would allow for a variety of mixed-use allowances that would “provide goods and services for people in surrounding residential areas, which fits well with the existing residential development surrounding the subject property”. A rezoning from CS could also support Goals 1 (infill), 3 (compact development), 6 (opportunities for attainable housing) of City Plan 2040, encouraging infill by allowing for dense mixed-use development along a major thoroughfare in an area that has access to existing city services. 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 from to CS is justified. Rezoning to CS would allow for housing densities that are comparable to the existing development pattern in the area and which are consistent with the City’s planning objectives and policies while also allowing for commercial development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the properties to CS has the potential to increase the traffic along N. Rupple Rd given the allowable uses and no density maximum. However, N. Rupple Rd is a high-traffic corridor that was intended to handle additional traffic. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 4 of 24 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 properties to CS has the potential to increase population density, though it is not likely to undesirably increase the load on public services. The properties have access to existing water and sanitary sewer infrastructure and is close to public services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0062 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 5 of 24 Werner 7-0-0 Castin BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre o §161.09 District RSF-8, Residential Single-Family - Eight (8) Units Per Acre o §161.14 District RMF-12, Residential Multi-Family - Twelve (12) Units Per Acre o §161.21 District C-1, Neighborhood Commercial o §161.22 Community Services • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map • Long Range Planning Memo • Request Letter Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 6 of 24 161.07 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. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 7 of 24 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. (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. 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 suns et, 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-2025-0062 (RUPPLE RD LLC) Page 8 of 24 161.09 District RSF-8, Residential Single-Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 9 of 24 Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then 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. (Ord. No. 4783, 10-18-05; 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, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 10 of 24 161.14 District RMF-12, Residential Multi-Family - Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a moderate density that is appropriate to the area. (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 12 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 45 feet Two (2) family 45 feet Three (3) family or more 80 feet Professional offices 100 feet Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 11 of 24 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,500 square feet Two (2) family 6,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. 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. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 12 of 24 (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 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, §4(Exh. C), 5-2-23; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 13 of 24 161.21 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 Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 25 Offices, studios, and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production 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 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 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 14 of 24 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 a n 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) Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 15 of 24 161.22 Community Services (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 Unit 46 Short-term rentals 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 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 16 of 24 (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 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(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 17 of 24 RU P P L E R D RU P P L E R D WEDINGTON DR RUPPLE RD RUPPLERD RUPPLE RD R-O RMF-24 C-1 RSF-4 R-A RSF-1 UT RSF-8 P-1 RPZD NS-L CS RMF-12 RI-12 RI-U Regional Link 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-2025-0062 1439 N. RUPPLE RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 18 of 24 Proposed CS SARDINIA WAY SICILY LN MALTA LN CONGRESSIONAL ST MONET DR SANTA MARIA LN HA Z EL T I N E DR CO RSI C A DR IZ A R D L N RUPPLE R D RU P P L E R D RSF-4 RSF-1 RMF-12 C-1 RSF-8 CS RPZD Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0062 1439 N. RUPPLE RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-1 CS RMF-12 RSF-4 RSF-8 0.0 4.8 0.0 0.0 0.0 Total 4.8 ac1:2,400 Current 4.5 0.0 0.2 0.0 0.1 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 19 of 24 PL U M T R E E D R MALLARD LN GOLF CLUBDR ME A D O W L A N D S D R RUPPLE RD RU P P L E R D 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-2025-0062 1439 N. RUPPLE RD N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Multi-Family Residential Multi-Family Residential Single-Family Residential 1:3,600 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 20 of 24 City Neighborhood Civic and Private Open Space Natural Residential Neighborhood RU P P L E R D RU P P L E R D WEDINGTON DR RUPPLE RD RUPPLERD RUPPLERD Regional Link 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-2025-0062 1439 N. RUPPLE RD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 21 of 24 TO: Wes Frank, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0062 BACKGROUND: The applicant requests to rezone approximately 6.48 acres from C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units per Acre, RMF-12, Residential Multifamily,12 Units per Acre, and RSF-8, Residential Single-Family, 8 Units Per Acre 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. 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 City Neighborhood area, which are “more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses.” This land use designation also supports the “widest spectrum of uses and encourages density in all housing types”. 1 The request aligns with this designation by clarifying zoning across the entirety of parcels and adds a variety of housing types, from single to multi-family, which are not currently permitted under the existing C-1 zoning and commercial uses not currently permitted under the sections with residential zoning. The purpose of the CS district is to provide goods and services for people in surrounding residential areas, which fits well with the existing residential development surrounding the subject property. This proposal aligns with several goals of City Plan 2040, and would provide an opportunity for new development at a site with existing 1 City Plan 2040, 130. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 22 of 24 infrastructure (goals 1 and 2). This proposal also advances goals for complete and connected development with urban form standards that would further improve the pedestrian experience along Rupple and provide opportunities for future commercial or mixed-use developments to serve the surrounding neighborhoods (goals 3 and 6). Property History: The subject property is currently unimproved and was annexed into the city in 2004 (Ord. No. 4588). At that time it was assigned RSF-1, Residential Single-Family 1 Unit per Acre. In 2006, the majority of the property was rezoned to C-1, Neighborhood Commercial subject to a Bill of Assurance (Ord. No. 4915) and phasing plan, but was subsequently not developed and the public street outlined in the Bill of Assurance to connect the residential development at the west to Rupple Road was not completed (attached below). Although it is somewhat unclear, it appears that the split zoned parcels originated at that time. Bill of Assurance from Ord. No. 4915: A rezoning to CS meets both the original intent for this property as envisioned in 2006, and Goals 1, 2, 3, and 6 of City Plan 2040 by emphasizing complete design, connectivity, and mixed-use or commercial development to serve the surrounding neighborhoods. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 23 of 24 Parcels: 765-24083-000 & 765-24086-100 Current Zoning: C-1 Proposed Zoning: CS (Community Services) Dear Planning Commission, This request is to rezone parcels 765-24083-000 and 765-24086-100 from C-1 ( NEIGHBORHOOD COMMERCIAL), RSF-4 (RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE), RMF-12 (RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE), and RSF-8 (RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE) to CS (Community Services). The majority of the parcel is C-1. The existing C-1 zoning allows only commercial uses, limiting the site’s potential to serve as a well-integrated part of the surrounding neighborhood. Rezoning to Community Services will allow a more balanced mix of uses that can function as a transition between nearby residential properties and other commercial areas. The intent is not to eliminate commercial potential, but to broaden the site’s options so it can adapt to changing market conditions and community needs over time. The CS district supports small-scale commercial, office, and residential uses within a walkable, neighborhood-oriented framework. This flexibility will make it possible to create a vibrant, mixed-use environment that maintains the intent of neighborhood-scale commercial development while introducing compatible residential and live-work opportunities. Statement of Compatibility The proposed CS zoning is compatible with surrounding land uses and zoning patterns. It maintains commercial options allowed under C-1 while adding the possibility for mixed-use and residential components that strengthen neighborhood connectivity and support local businesses. The Community Services district can serve as a transition zone between residential and more intensive commercial areas—exactly the function these parcels provide. The scale and form permitted under CS will ensure that any future development remains pedestrian-oriented and context-sensitive, complementing adjacent residential areas while contributing to the overall walkability and livability of the corridor. In summary, this rezoning maintains neighborhood-serving commercial uses while adding a mixed-use component that creates a thoughtful transition between residential and commercial zones, supporting both economic and community goals. Thank you for your consideration. Wes Bates Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 24 of 24 Form v1.55 NV\ DE CEIVE AA 2/9/2026 niedza C TY C,FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYET IEVILLE,AR 72701 Ad number#: 574824 PO #: Matter of: ORD 6973 AFFIDAVIT•STATE OF ARKANSAS Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6973 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$107.92. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 Legal Cler of• "`22 o^%F F:9 State of ARKANSAS,County of Sebastian N; �OTAR y �� Subscribed and sworn to before me on this 9th day of February 2026 = PUP o: v L • NO ARY PUBLIC Ordinance:6973 File Number: 2026-106 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 62 FOR APPROXIMATELY 4.8 ACRES LOCATED AT 1439 NORTH RUPPLE ROAD IN WARD 4 FROM C-1,NEIGHBORHOOD COMMERCIAL;RSF-4,RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE;RMF-12,RES- IDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE;AND RSF-8, RESIDENTIAL SINGLE-FAMILY,8 UNITS PER ACRE TO CS,COM- MUNITY 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 C-1,Neighborhood Commercial;RSF-4,Residential Single-Family, Four Units Per Acre; RMF-12, Residential Multi-Family,12 Units Per Acre; and RSF-8,Residential Single- Family,8 Units Per Acre to CS, Community Services. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on February 3,2026 Approved: Molly Rawn,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$107.92 February 8,2026 574824