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HomeMy WebLinkAboutOrdinance 6978 (2)Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6978 File Number: 2026-215 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-73 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1149 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI-FAMILY, TWENTY-FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from RMF-24, Residential Multi-Family, Twenty-Four Units per Acre to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on February 17, 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: $ 88.16 RZN-2025-0073 1149 S. WEST AVE RZN-2025-0073 Close Up View EXHIBIT 'A' Pill sommumi PUBLIC el • i603 I 41. I lie 411 , NC 11TH.ST S) AVBLIC 60°' Eli Subject Property oy , W 2 G EIMNO , z z . - o alh I. .. Eh I 3 . l am ill > il - ■ •L. a43III III i e y i. au a lr` • III illi 13TH•ST I ffi AN ,► ilk a ihe1. 4.74p _ ill�•� - o It ■ we W WV F V I l 11 a NORTH Zone Current Proposed now Regional Link-High Activity RI-U 0.0 0.3 - Unclassified RMF-24 0.3 0.0 - Alley Feet - Residential Link IiIIII CPlanning Area 0 75 150 300 450 600 Fayetteville City Limits 1:2,400 Total 0.3 ac RZN-2025-0073 EXHIBIT B Lot Numbered Fifteen (15) in Block Numbered Two (2) in Wilson-Dunn Addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-215 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-73 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1149 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI-FAMILY, TWENTY-FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from RMF-24, Residential Multi-Family, Twenty- Four Units per Acre to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. 1/29/2026 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 2026-215 Item ID 2/17/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0073: Rezoning (1149 S. WEST AVE./HORNBACK REVOCABLE TRUST, 562): Submitted by WESLEY BATES for property located at 1149 S. WEST AVE. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 2/17/2026 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-215 MEETING OF FEBRUARY 17, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: RZN-2025-0073: Rezoning (1149 S. WEST AVE./HORNBACK REVOCABLE TRUST, 562): Submitted by WESLEY BATES for property located at 1149 S. WEST AVE. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property includes 0.30 acres is in south Fayetteville, approximately 200 feet south of the intersection of S. West Ave. and W. 11th St. To the west, the property is bordered by unimproved alley right-of- way and while it was previously co-developed with a 1,584 square-foot single-family dwelling , this has since been removed. The property is not within any zoning overlay or master plan areas Request: The request is to rezone the subject property from RMF-24, Residential Multifamily, 24 Units per Acre to RI-U, Residential Intermediate-Urban. Public Comment: Staff has not received any public comment at this time. Land Use Compatibility: The subject property is primarily surrounded by single-family homes. There are also a high number of two-family and other small multifamily dwellings within the block and a large apartment complex approximately 300 feet to the north. The presence of existing alley right-of-way on the property, albeit unimproved, offers opportunities for alley-oriented development in line with recent ordinance changes, and existing alley-loaded development is present in the vicinity. RI-U permits a mix of low-intensity residential types with no maximum density, including up to four-unit buildings, but maintains a minimum lot width of 18 feet. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. A rezoning to RI-U could support a broader range of housing types in an area experiencing increased demand for housing within close proximity to services such as Walker Park, the Fayetteville National Cemetery, Razorback Greenway, transit stops, grocery stores and other nonresidential amenities. While RMF-24 and RI-U allow similar uses, RI-U does not allow multifamily structures by right. Staff finds RI-U’s smaller lot size requirements could encourage compatible infill development without disrupting neighborhood scale. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has numerous attributes conducive to appropriate infill. The property is located close to the Razorback Greenway and Tsa-La Gi Trail, enabling residents to utilize alternative means of transportation. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to this score: 1. Adequate Fire Response (Station 9, 2250 S. School Ave.) 2. Near Sewer Main (6”, S. West Ave) 3. Near Water Main (6”, West Side of Property) 4. Near Grocery Store (Walmart Neighborhood Market, El Amanecer Market) 5. Near University of Arkansas Campus 6. Near City Park (Walker Park) 7. Near Paved Trail (Razorback Greenway 8. Near ORT Bus Stop (School at Varsity House) DISCUSSION: At the January 26, 2026 Planning Commission meeting, a vote of 5-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Madden motioned and Commissioner Holeyfield seconded. There was some discussion about what alley improvements could be triggered. No commissioners were opposed, and no members of the public spoke at the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: January 26, 2026 SUBJECT: RZN-2025-0073: Rezoning (1149 S. WEST AVE./HORNBACK REVOCABLE TRUST, 562): Submitted by WESLEY BATES for property located at 1149 S. WEST AVE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0073 to City Council with a recommendation of approval.” RECOMMENDED MOTION: “I move to forward RZN-2025-0073 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in south Fayetteville approximately 200 feet south of the intersection of S. West Ave. and W. 11th St. The subject area contains 0.30 acres composed of one parcel which is bordered by unimproved alley right-of-way to the west. The parcel was previously constructed with a 1,584 square-foot single-family dwelling which has since been removed. The property is not within any zoning overlay or master plan areas. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre South Single-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre East Single-Family Residential RMF-24, Residential Multifamily, 24 Units per Acre West Mixed-Density Residential RMF-24, Residential Multifamily, 24 Units per Acre Request: The request is to rezone the subject property from RMF-24, Residential Multifamily, 24 Units per Acre to RI-U, Residential Intermediate-Urban. Public Comment: Staff has not received any public comment at this time. Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 1 of 14 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along S. West Ave., a fully improved residential links with asphalt paving, sidewalk and 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. There is an existing 6-inch water main the west side of S. West Ave. Sewer: Sanitary sewer is available to the subject area. There is an existing 6-inch sewer main along the west side of the property within the alley. There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 678 feet south of this property. Drainage: No portion of the property lies with the Hillside-Hilltop Overlay District or FEMA floodplain, and no protected streams or hydric soils are present in the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 9, located at 2250 S. School Ave., protects this site. The property is located approximately 0.9 miles 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. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate-Urban requires 15% minimum canopy preservation. The current zoning district, RMF-24, Residential Multifamily, 24 Units per Acre requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 9 for this site with a weighted score of 11.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Sewer Main (6”, S. West Ave) • Near Water Main (6”, West Side of Property) Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 2 of 14 • Near Grocery Store (Walmart Neighborhood Market, El Amanecer Market) • Near University of Arkansas Campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (School at Varsity House) • Near Razorback Bus Stop (Walmart Neighborhood Market) FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The subject property is primarily surrounded by single-family homes. There are also a high number of two-family and other small multifamily dwellings within the block and a large apartment complex approximately 300 feet to the north. The presence of existing alley right-of- way on the property, albeit unimproved, offers opportunities for alley- oriented development in line with recent ordinance changes, and existing alley-loaded development is present in the vicinity. RI-U permits a mix of low- intensity residential types with no maximum density, including up to four- unit buildings, but maintains a minimum lot width of 18 feet. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. A rezoning to RI-U could support a broader range of housing types in an area experiencing increased demand for housing within close proximity to services such as Walker Park, the Fayetteville National Cemetery, Razorback Greenway, transit stops, grocery stores and other nonresidential amenities. While RMF-24 and RI-U allow similar uses, RI-U permits does not allow multifamily structures by right. Staff finds RI-U’s smaller lot size requirements could encourage compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 9 with a weighted score of 11.5, indicating it is a suitable location for infill development. The property is located close to the Razorback Greenway and Trsa-La Gi Trail, enabling residents to utilize alternative means of transportation. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds there is justification to rezone the property from RMF-24 to RI-U. A rezoning to RI-U would permit the development of more units which could Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 3 of 14 be subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town with a relatively high concentration of services, amenities, and employment opportunities. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U is not likely to create or appreciable increase traffic danger and congestion since the subject property is relatively small. RI-U would also permit alley-oriented development in line with recent code changes. Any street improvements required in this area would be determined at the time of development proposal. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RMF-24 to RI-U has the potential to alter the population density when considering that RI-U has no set density limitation. However, given the presence of existing public infrastructure, nearby trails and other bike infrastructure, and the proximity to nonresidential services such as grocery stores, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. While there are known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan that appear in the system approximately 678 linear feet downstream of this property, the small size of the property is also likely to naturally limit the development capacity of the parcel. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends RZN-2024-0073 be forwarded to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 4 of 14 PLANNING COMMISSION ACTION: Required YES Date: January 26, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.12 District RI-U, Residential Intermediate – Urban o §161.16 District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre • Request Letter Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 5 of 14 X MADDEN HOLEYFIELD 5-0-0 “I move to forward RZN-2025-0073 to City Council with a recommendation of approval.” STADIUM DR NELSON HACKETT BLVD SCHOOL AVE 15TH ST MARTIN LUTHER KING JR BLVD 19TH ST RMF-24 RMF-40 I-2 RSF-4 I-1 P-1 RPZD NC DG MSC C-1 C-2 NS-G R-A CS RI-U UC Regional Link Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View RZN-2025-0073 1149 S. WEST AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 6 of 14 Proposed RI-U PU B L I C 60 1 ELL I S A V E PUBLIC 609 11TH ST PUBLIC 603 13TH ST EN G L I S H P L AL L E Y 4 5 0 WE S T A V E DUNN AVE SCHOOLAVE RMF-24 I-1 DG MSC CS NC UN Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0073 1149 S. WEST AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RMF-24 0.3 0.0 Total 0.3 ac1:2,400 Current 0.0 0.3 Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 7 of 14 LT C O L L E R O Y PO N D A V E PU B L I C 60 1 DU N N AV E ELL I S A V E PUBLIC609 SCHOOLAVE 15TH ST 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Regional Link - High Activity Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0073 1149 S. WEST AVE N 0 225 450 675 900112.5 Feet Subject Property Commercial Single-Family Residential Cultural / Institutional Multi-Family Residential 1:3,600 Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 8 of 14 161.16 District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two (2) family 35 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 9 of 14 Two (2) family 4,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Uses 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/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §6(Exh. E), 5-2-23; Ord. No. 6879, §2, 5-20-25) Editor's note(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 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 10 of 14 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley A build-to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 11 of 14 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right- of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 12 of 14 TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 26, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0073 BACKGROUND: The applicant requests to rezone approximately 0.30 acres from RMF-24, Residential Multi- Family, Twenty-four Units per Acre to RI-U, Residential Intermediate – Urban. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.45) On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. DISCUSSION: Zoning History: Ordinance 1747 approved on June 29, 1970 enacted a new zoning map and set of districts and zoning requirements for the city. This map shows the subject property and surrounding neighborhood as being zoned into the medium-density “R-2” zoning district, which was subsequently translated to “RMF-24” with the adoption of the city’s Unified Development Code. 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.” This land use designation also encourages the incorporation of low-intensity non-residential uses intended to serve the surrounding neighborhood, such as retail or offices. 1 The request aligns with this designation by increasing the variety of housing types permitted from just single-family to include two-, three-, four-family housing. Limited business could be permitted by conditional use permit. 1 City Plan 2040, 128. Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 13 of 14 To: Fayetteville Planning Commission From: Wes Bates Re: Rezoning Request – 1149 S West Ave (RMF-24 → RI-U) Date: 12/10/25 Dear Commissioners, I am requesting a rezoning of 1149 S West Ave from RMF-24 to RI-U. RI-U zoning already exists along this portion of West Avenue, and this request extends an established zoning pattern. The surrounding neighborhood is characterized by smaller-scale residential buildings, traditional lot patterns, and walkable urban form—all of which are directly supported by the RI-U district. In contrast, RMF-24 is an older multifamily zone that anticipates larger apartment blocks and a development pattern that does not match the scale or character of the street today. Rezoning to RI-U will result in development that is more compatible in height, form, and intensity with nearby properties. RI-U provides the flexibility for context-appropriate infill while ensuring that the built form remains consistent with the existing neighborhood. Thank you for your consideration. Wes Bates Reviewed by: Donna Wonsower, AICP Senior Planner Development Services APPROVED Planning Commission January 26, 2026 RZN-2025-0073 (HORNBACK REVOCABLE TRUST) Page 14 of 14 Form v1.55 NVN media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 578080 PO#: Matter of: ORD 6978 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 WASHINGTONBENTON 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 6978 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$88.16. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/22/26;NWA nwaonline.com 02/22/26 BRALegal Cler `s syFP', •\--\- State ofARKANSAS,County of Sebastian " �OTAR Subscribed and sworn to before me on this 23rd day of February,2026 _ P j B_ C N ARY PUBLIC Ordinance:6978 File Number: 2026.215 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 73 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1149 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24,RESIDENTIAL MULTI-FAMILY, TWENTY-FOUR UNITS PER ACRE TO RI-U,RESI- DENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit B)both attached to the Planning Department's Agenda Memo from RMF-24,Residential Multi-Family,Twenty-Four Units per Acre to RI-U,Residential In- termediate-Urban. Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on February 17,2026 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:588.16 February 22.2026 578080