HomeMy WebLinkAboutOrdinance 6985Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6985
File Number: 2026-483
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-01
FOR APPROXIMATELY 0.80 ACRES LOCATED AT 3513 WEST MARTIN LUTHER KING JR
BOULEVARD IN WARD 1 FROM C-1, NEIGHBORHOOD COMMERCIAL TO UT, URBAN
THOROUGHFARE
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 to UT, Urban Thoroughfare.
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 March 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: $86.64
Old Farmington
Trail
Proposed UT
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RMF-24
R-A
RSF-4
C-2
C-1
UT
CS
P-1
Neighborhood Link
Regional Link - High Activity
Residential Link
Planned Neighborhood Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0001 3513 W. MARTIN LUTHER
KING JR BLVD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-1
C-2
R-A
UT
0.0
0.0
0.0
0.8
Total 0.8 ac1:2,400
Current
0.7
0.0
0.0
0.0
PART OF THE SW 1/4 OF THE NW 1/4 AND PART OF THE NW 1/4 OF THE SW 1/4 OF
SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE SOUTH LINE
OF SAID SW 1/4 OF THE NW 1/4 WHICH IS S 88°00'11" Е 738.39 FEET FROM AN
EXISTING STATE MONUMENT MARKING THE SW CORNER OF SAID SW 1/4 OF THE
NW 1/4, THENCE LEAVING SAID SOUTH LINE AND RUNNING N 19°30'11" W 95.05
FEET TO A CHISELED "X" IN CONCRETE ON THE SOUTHERLY RIGHT OF WAY OF
MARTIN LUTHER KING BOULEVARD (HIGHWAY 62); THENCE ALONG SAID RIGHT
OF WAY N 65°53'51" Е 43.76 FEET; THENCE CONTINUING ALONG SAID RIGHT OF
WAY N 74°25'51" E 133.17 FEET TO A CHISELED "X" IN ASPHALT; THENCE
LEAVING SAID RIGHT OF WAY S 19°30'11" E 201.21 FEET; THENCE S 7608'49" W
177.34 FEET; THENCE N 19°30'11" W 94.33 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.80 ACRES, MORE OR LESS.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-483
MEETING OF MARCH 17, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Citlali Samano, Planner
SUBJECT: RZN-2026-0001: Rezoning (3513 W. MARTIN LUTHER KING JR BLVD/MLK
WAREHOUSES LLC, 557 & 556) Submitted by SWOPE CONSULTING for property
located at 3513 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.80 acres.
The request is to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
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 is in west Fayetteville, south of W. Martin Luther King Jr. Boulevard's intersection with S.
Dinsmore Trail. The property contains one parcel totaling 0.80 acres which is currently zoned C-1,
Neighborhood Commercial and not subject to any overlay districts. Development on the property includes three
office/warehouse structures, ranging in size from 3,800 to 4,800-square feet. A portion of the property is within
FEMA-designated floodplain associated with the Farmington Branch that is just off site to the southwest.
Request: The request is to rezone the subject property from C-1, Neighborhood Commercial to UT, Urban
Thoroughfare.
Public Comment: Staff has not received any public comment at this time.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6-7 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, S Hollywood Ave)
• Near Sewer Main (6 in gravity line, W Martin Luther King Blvd)
• Near Water Main (18 in line, W Martin Luther King Blvd)
• Near Grocery Store (Aldi’s, W Martin Luther King Blvd)
• Near City Park (Centennial Park)
• Near Paved Trail (Old Farmington Trail, S Dinsmore Trl)
• Near Razorback Bus Stop (Walmart, MLK)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Land Use Compatibility: From a current land use standpoint, the request is compatible with its immediate
surroundings. The property is surrounded by commercially zoned parcels and undeveloped mixed-use zoning
districts. The site is directly located on W. Martin Luther King Jr. Blvd., designated as a Regional Link - High
Activity Street, which is intended to support higher-intensity commercial activity and serve as a major
transportation corridor. Given this classification, commercial or mixed-use developed represent the highest and
best use of the property. The surrounding corridor currently exhibits a pattern of automobile-oriented and
service-related commercial development, reinforcing the appropriateness of an auto-oriented shop at this
location. The site’s direct access to a major arterial roadway minimizes traffic impacts on local residential
streets and supports safe ingress and egress for customers. Although single-family residential uses are located
within the broader vicinity, the UT zoning district is specifically designed to provide goods and services to
nearby neighborhoods while promoting compatible design standards through the inclusion of commercial and
residential uses. The district encourages a concentration of commercial and mixed-use development that
enhances both function and appearance along major thoroughfares.
Land Use Plan Analysis: Staff finds that the request is not fully consistent with adopted land use policies, the
Future Land Use Map designation (Natural Area), but does align with certain goals of City Plan 2040. The
Natural Area designation reflects an intent to preserve natural landscapes, including the existing floodplain
areas; however, the surrounding context has evolved with substantial commercial zoning along the corridor
and City Neighborhood designations nearby that support a range of housing types. Given the site’s location
along a high-activity arterial roadway and its adjacency to commercially zoned properties, the Natural Area
designation appears to be primarily influenced by the Farmington Branch stream, which runs along the western
and southern boundaries, as well as portions of the 100-year floodplain that extend into the property. Of note,
the amount of FEMA-designated floodplain on the property has been reduced in recent re-mapping of the area.
Additionally, the Natural Area designation does not represent the most practical or context-sensitive long-term
land use for the site. The surrounding City Neighborhood designation anticipates residential density that would
benefit from proximate neighborhood-serving commercial services. A mixed-use zoning district such as UT
provides an appropriate combination between established commercial activity and residential areas.
Additionally, the site’s infill score and corridor location suggest that limited, well-designed commercial
development may better support overall connectivity and land use efficiency than preservation as strictly
natural landscape. Allowing this use would strengthen commercial connectivity along W. Martin Luther King Jr.
Blvd. and support City Plan 2040 Goal #3 by promoting compact, complete, and connected development
patterns. The proposed use would contribute to economic activity, provide a needed service to the community,
and reinforce the established development pattern of the corridor.
DISCUSSION:
At the February 23, 2026 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Brink asked staff about differences between C-1 and UT as
the interpretation was that automotive services are an allowable use. Clarification was given as C-1 allows Use
Unit 18: gasoline service stations and drive-in/drive-through restaurant with gasoline service stations allowing
oil changes and/or lubrication for cars, vans and light trucks. However, Use Unit 17: Transportation Trades and
Services allows for an array of automotive services such as motor repair, automotive sales, body
shops/garages etc. Use Unit 17 is not an allowed use in C-1 but is allowed in UT, hence the rezoning request.
No other comments were received from either the Commission nor the public.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-483
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-01 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 3513 WEST MARTIN
LUTHER KING JR BOULEVARD IN WARD 1 FROM C-1, NEIGHBORHOOD
COMMERCIAL TO UT, URBAN THOROUGHFARE
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 to UT,
Urban Thoroughfare.
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.
2/23/2026
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
2026-483
Item ID
3/17/2026
City Council Meeting Date - Agenda Item Only
RZN-2026-0001: Rezoning (3513 W. MARTIN LUTHER KING JR BLVD/MLK WAREHOUSES LLC, 557 & 556) Submitted
by SWOPE CONSULTING for property located at 3513 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.80 acres. The request is to rezone the
property to UT, URBAN THOROUGHFARE.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: February 23, 2026
SUBJECT: RZN-2026-0001: Rezoning (3513 W. MARTIN LUTHER KING JR BLVD)
Submitted by SWOPE CONSULTING for property located at 3513 W.
MARTIN LUTHER KING JR BLVD. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 0.80 acres.
The request is to rezone the property to UT, URBAN THOROUGHFARE.
PP 557 & 596.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0001 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2026-0001 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in west Fayetteville on the southbound side of the intersection of W MLK
Jr. Blvd and S Dinsmore Trl. The property contains one parcel totaling 0.80 acres which is
currently zoned C-1, Neighborhood Commercial. The property is not subject to any overlay
districts. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Commercial C-2, Thoroughfare Commercial
South Undeveloped C-2, Thoroughfare Commercial; R-A, Residential Agricultural
East Undeveloped C-1, Neighborhood Commercial
West Commercial C-2, Thoroughfare Commercial; R-A, Residential Agricultural
Request: The request is to rezone the subject property from C-1, Neighborhood Commercial to
UT, Urban Thoroughfare.
Public Comment: Staff has not received any public comment at this time.
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 1 of 15
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage to West Martin Luther King Jr Blvd which is a
partially improved Regional Link – High Activity Street with asphalt paving, curb
and gutter and open ditches. Any street improvements required in these areas
would be determined at the time of development proposal. Any additional
improvements or requirements for drainage will be determined at time of
development.
Water: Public water is available to the subject property. There is an existing 18-inch water
main along the south side of West Martin Luther King Jr Blvd.
Sewer: Sanitary Sewer is available to the subject property. There is an existing 6-inch
sewer main along the south side of West Martin Luther King Jr Blvd.
Drainage: No protected streams or FEMA Floodplain. However, there are hydric soils 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.
Fire: Station 6, located at 900 S Hollywood Ave., protects this site. The property is
located approximately 1.4 miles from the fire station with an anticipated drive time
of approximately 5 minutes using existing streets. The anticipated response time
would be approximately 7.2 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 current zoning district of C-1, Neighborhood Commercial, requires 20%
minimum canopy preservation. The proposed zoning district of UT, Urban
Thoroughfare, requires 15% 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 Natural Areas.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 2 of 15
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6-7 for this
site with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, S Hollywood Ave)
• Near Sewer Main (6 in gravity line, W Martin Luther King Blvd)
• Near Water Main (18 in line, W Martin Luther King Blvd)
• Near Grocery Store (Aldi’s, W Martin Luther King Blvd)
• Near City Park (Centennial Park)
• Near Paved Trail (Old Farmington Trail, S Dinsmore Trl)
• Near Razorback Bus Stop (Walmart, MLK)
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: From a current land use standpoint, the request is
compatible with its immediate surroundings. The property is surrounded by
commercially zoned parcels and undeveloped mixed-use zoning districts.
The site is directly located on W. Martin Luther King Jr. Blvd., designated as
a Regional Link - High Activity Street, which is intended to support higher-
intensity commercial activity and serve as a major transportation corridor.
Given this classification, commercial uses represent the highest and best
use of the property. The surrounding corridor already exhibits a pattern of
automobile-oriented and service-related commercial development,
reinforcing the appropriateness of an auto-oriented shop at this location.
The site’s direct access to a major arterial roadway minimizes traffic impacts
on local residential streets and supports safe ingress and egress for
customers. Although single-family residential uses are located within the
broader vicinity, UT district is specifically designed to provide goods and
services to nearby neighborhoods while promoting compatible design
standards through the inclusion of commercial and residential uses. The
district encourages a concentration of commercial and mixed-use
development that enhances both function and appearance along major
thoroughfares.
Land Use Plan Analysis: Staff finds that the request is not fully consistent
with adopted land use policies, the Future Land Use Map designation
(Natural Area), but does align with certain goals of City Plan 2040. The
Natural Area designation reflects an intent to preserve natural landscapes;
however, the surrounding context has evolved with substantial commercial
zoning along the corridor and City Neighborhood designations nearby that
support a range of housing types. Given the site’s location along a high-
activity arterial roadway and its adjacency to commercially zoned properties,
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 3 of 15
the Natural Area designation appears to be primarily influenced by the
Farmington Branch stream, which runs along the western and southern
boundaries, as well as portions of the 100-year floodplain that extend into
the property. However, this designation does not represent the most
practical or context-sensitive long-term land use for the site. The
surrounding City Neighborhood designation anticipates residential density
that would benefit from proximate neighborhood-serving commercial
services. A mixed-use zoning district such as UT provides an appropriate
combination between established commercial activity and residential areas.
Additionally, the site’s infill score and corridor location suggest that limited,
well-designed commercial development may better support overall
connectivity and land use efficiency than preservation as strictly natural
landscape. Allowing this use would strengthen commercial connectivity
along W. Martin Luther King Jr. Blvd. and support City Plan 2040 Goal #3 by
promoting compact, complete, and connected development patterns. The
proposed use would contribute to economic activity, provide a needed
service to the community, and reinforce the established development pattern
of the corridor.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from C-1 to UT does not maintain the site’s agreement with the
“Natural Area” designation, however the site has held C-1 zoning for more
than two decades, as per City Ordinance 4667 passed on January 4, 2005.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from C-1 to UT would have no changes in the
allowable density on the site as both districts have no density maximums.
C-1 does not allow residential uses, whereas UT does an array of residential
uses from single-family dwellings up to multi-family dwellings. However,
staff does not find that the ultimate added density would appreciably
increase traffic danger or congestion at this location.
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 C-1 to UT would increase the potential
population at the site, but staff does not find that it would be to an
undesirable degree; staff finds that given the City’s growth and moderate
infill score, this rezoning would be an incremental step in providing more
commercial amenities.
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
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 4 of 15
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-2026-0001 to City
Council with a recommendation of approval.
________________________________________________________________________
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 5 of 15
PLANNING COMMISSION ACTION: Required YES
Date: February 23, 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 §161.21 District C-1, Neighborhood Commercial
o §161.24 District UT, Urban Thoroughfare
• Applicant Exhibits
o Request Letter
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 6 of 15
D
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CPZD
RMF-24
RSF-4
C-1
R-O
C-2
R-A
RSF-2
RSF-1
RPZD
UT
CS
NC
P-1
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2026-0001 3513 W MARTIN LUTHER
KING JR BLVD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 7 of 15
Old Farmington
Trail
Proposed UT
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RMF-24
R-A
RSF-4
C-2
C-1
UT
CS
P-1
Neighborhood Link
Regional Link - High Activity
Residential Link
Planned Neighborhood Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0001 3513 W. MARTIN LUTHER
KING JR BLVD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-1
C-2
R-A
UT
0.0
0.0
0.0
0.8
Total 0.8 ac1:2,400
Current
0.7
0.0
0.0
0.0
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 8 of 15
DINSMORETRL
O L D
F A R M I N G T O N R D
M A R T I N L U T H E R
K I N G J R B L V D
2025 Imagery | EagleView Technologies | Surdex Corporation
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Neighborhood Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2026-0001 3513 W. MARTIN LUTHER KING
JR BLVD N
0 225 450 675 900112.5
Feet
Subject Property
Undeveloped
Undeveloped
Commercial
City of Fayetteville
Centennial Park
1:3,600
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 9 of 15
City
Neighborhood
Civic and
Private
Open Space
Natural
Residential
Neighborhood
Rural
Residential
Urban Center
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M A R T I N L U T H E R
K I N G J R B L V DRUP
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Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Neighborhood 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-2026-0001 3513 W MARTIN LUTHER
KING JR BLVD N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
February 23, 2026
RZN-2026-0001 (MLK WAREHOUSES LLC)
Page 10 of 15
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
Unit 2 City-wide uses by conditional use permit
(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
February 23, 2026
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Urban Form Setback Regulations:
Front A build-to zone that is located
between 10 feet and a line 25
feet from the front property
line
Side and rear None
Side or rear, when contiguous to
a single-family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have
an additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over two (2) stories shall be equal to the difference between the total height of that
portion of the building, and two (2) stories.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such
lot. Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312,
4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-
15-19; Ord. No. 6521, §4, 1-18-22)
161.24 - Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living
in the surrounding communities. This district encourages a concentration of commercial and mixed use
development that enhances function and appearance along major thoroughfares. Automobile-oriented
development is prevalent within this district and a wide range of commercial uses is permitted. For the
purposes of Chapter 96: Noise Control, the Urban Thoroughfare 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 (2) family dwellings
Planning Commission
February 23, 2026
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Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
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 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
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 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 33 Adult live entertainment club or bar
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
Unit 48 Private dormitories
(C) Density. None
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family dwelling 18 feet
All other dwellings None
Non-residential 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
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Side or rear, when
contiguous to a single-
family residential district:
15 feet
(F) Building Height Regulations.
Building Height
Maximum
5 stories/7 stories*
* A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a
building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height
of seven (7) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have
an additional setback from any boundary line of an adjacent 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) Minimum buildable street frontage. 50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
Planning Commission
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Rezoning Compatibility Statement
The proposed rezoning from C-1, Neighborhood Commercial to U-T, Urban
Throughfare. Commercial is compatible with neighboring properties as well as existing
and current development patterns in the area. The requested rezoning will not
unreasonably adversely affect surrounding land uses because the U-T zoning allows for
a broader range of commercial and high-intensity uses, which are already present or
planned in the area, and any proposed development will be designed to minimize
potential impacts through setbacks, landscaping, traffic management and where
possible adhering to the city’s unified development code .
• Compatibility with Existing Uses:
The U-T zoning designation allows for a wider variety of commercial uses
compared to C-1, which is generally intended for more limited commercial
activities. This broader range of uses aligns with the existing or planned commercial
activity in the area, ensuring that the proposed development will fit within the
character of the neighborhood.
• Minimizing Potential Impacts:
The proposed development will be designed to minimize potential negative impacts
on neighboring properties through:
• Setbacks and Landscaping: Adequate setbacks and landscaping will be
implemented to create a buffer between the proposed development and
surrounding properties, reducing potential noise, light, and visual impacts.
• Traffic Management: Any proposed development will adhere to the city’s
traffic management requirements as specified in the city’s unified
development code.
• Noise and Light Controls: Measures will be taken to control noise and light
emissions from the development as required by the city’s unified
development code , ensuring that they do not unreasonably impact
neighboring properties.
• Supporting Community Needs:
The proposed development will contribute to the community by providing additional
commercial services and opportunities, which can help to meet the needs of
residents and businesses in the area.
• Economic Benefits:
The development will create new jobs and generate tax revenue, which can help to
strengthen the local economy.
Planning Commission
February 23, 2026
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