HomeMy WebLinkAboutOrdinance 69931 13 West Mountain Street
Fayetteville, AR 72701
(47e) 575-8323
Ordinance: 6993
File Number: 2026-1075
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2O2GO7
FOR APPROXIMATELY O.3O ACRES LOCATED AT 325 SOUTH WASHINGTON AVENUE IN WARD 1
FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: 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 NC, Neighborhood Conservation 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 l.
PASSED and APPROVED on April 2l ,,2026
Approved:Attest:
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Molly Rawn,C
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 85.12
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Close Up View
RZN-2026-0007 325 S. WASHINGTON AVE
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0 150 300 450 60075
Feet
Subject Property
Zone Proposed
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Parcel 765-05049-000
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
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Doc ID: 021833800003 Type: REL
Kind: WARRANTY DEED
Recorded: 11/01/2024 at 03:41:12 PM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2024_00028911
That S&L Development, LLC an Arkansas Limited Liability Company, hereinafter called Grantor,
for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in
hand paid by S&L Development, LLC hereinafter called Grantees, do hereby grant, bargain and sell unto
said Grantees and unto their heirs and assigns forever, the following described land in the County of
Washington and State of Arkansas, to -wit:
LEGAL DESCRIPTION - LOT 11A:
PART OF ORIGINAL LOT 11 AND A PART OF ORIGINAL LOT 12 OF ELAM'S SUBDIVISION OF BLOCK 1, 2,
AND 3 OF COMBS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER RECORDED PLAT ON FILE
IN THE OFFICE OF THE CIRCUIT CLERK OF WASHINGTON COUNTY AND AS PER PLAT RECORDED AT 2017-
00022267, BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS; COMMENCING AT THE SW CORNER
OF LOT 12, thence N05017'47"E 44.81 feet to the POINT OF BEGINNING; THENCE N05'17'47"E 40.00
FEET, THENCE S85'44'40"E 140.89 FEET, THENCE S06-25'47"W 40.00 FEET, THENCE N85'45'13"W 140.10
FEET TO THE POINT OF BEGINNING: CONTAINING 5,617 SQUARE FEET, MORE OR LESS, SUBJECT TO
EASEMENTS AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION - LOT 126:
PART OF ORIGINAL LOT 12 OF ELAM'S SUBDIVISION OF BLOCK 1, 2, AND 3 OF COMBS ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS PER RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT
CLERK OF WASHINGTON COUNTY AND AS PER PLAT RECORDED AT 2017-00022267, BEING DESCRIBED
MORE PARTICULARLY AS FOLLOWS; BEGINNING AT THE SW CORNER OF LOT 12, THENCE N05'17'47"E
44.81 FEET, THENCE 585-45'13"E 140.10 FEET, THENCE S06'25-47"W 47.39 FEET, THENCE N84'42'13"W
139.14 FEET TO THE POINT OF BEGINNING: CONTAINING 6,435 SQUARE FEET, MORE OR LESS, SUBJECT
TO EASEMENTS AND RIGHT OF WAY OF RECORD.
*It is the express intent to create an additional parcel number, so that Lot 11 and Lot 12 have separate
parcel numbers.
TO HAVE AND TO HOLD the lands and appurtenances thereunto belonging unto the said
Grantees and unto their heirs and assigns forever. And the said Grantor hereby covenants with the
Grantee that he is lawfully seized of said lands and premises, that the same is unencumbered, and that
he will forever warrant and defend the said lands against all legal claims whatsoever.
Grantors, hereby covenant with the said Grantees that they will forever warrant and defend the
title to said lands against all claims and encumbrances done or suffered by or through the Grantors, but
against non -other, except easements, restrictions and encumbrances existing and/or or record.
File Number: 202400028911 Page 1 of 3
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-1075
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-07 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 325 SOUTH
WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-1075
MEETING OF APRIL 21, 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-2026-0007: Rezoning (325 S. WASHINGTON AVE/S&L DEVELOPMENT LLC,
524) Submitted by ODYSSEY ENGINEERING for property located at 325 S.
WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD
CONSERVATION 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 is in central Fayetteville and roughly 700 feet north of the former Jefferson School and its
associated greenspace. The property contains one parcel totaling 0.30 acres which is currently zoned NC,
Neighborhood Conservation. The property was included in Phase 1 of Fayetteville’s Citywide Historic
Resources Survey in 2026 with a single-family structure identified on-site that was constructed in 1930 with
potential eligibility for the National Register of Historic Places as a part of a historic district but is not
individually eligible. The property is not subject to any overlay districts but is partially within the streamside
protection zone on the southern portion of the parcel. The property is also included in the Walker Park
Neighborhood Plan. Previously, this parcel was included in a 2021 large scale development proposal (LSD-
2021-000039), which was approved for a cluster housing development. Subsequently, a variance was
approved in conjunction with the project, granting a variance from the Unified Development Code standard
requiring a flood study. Although all approvals were granted, they have since expired, and there is no longer
any intent to include this parcel in that development.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate - Urban.
Public Comment: Staff has not received any public comment at this time.
Land Use Compatibility: Staff finds the requested rezoning to be generally compatible with surrounding land
use but is inconsistent with zoning patterns. The City’s comprehensive plan acknowledges the value of
increasing density in locations where City services and utilities already exist, but only where it “reflects the
existing community character.” The subject property is located in the Walker Park Neighborhood Master Plan
area, which recommends appropriate infill of single-family residential units with higher density. While RI-U does
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
allow for single-family, which would be in keeping with the master plan and established character the zoning
district also permits by-right of two-, three-, and four-family dwellings and conditional low-scale commercial and
multi-family allowances that may not be fully consistent with the plan nor established character. Allowing small
businesses to be located, conditionally, in the middle of this residential block, could result in compromising the
integrity of the Walker Park Neighborhood Plan goals. The plan notes Southgate Commercial Center, the
intersection of School & 15th, Jefferson Square, and along Huntsville Road as intended places to grow
commercial nodes and streets. The DG zoning to the north along E. Huntsville Road allows for commercial and
diverse housing uses (two-, three-, and four-family), adhering to the goals of the plan. Approving a zoning
district with more allowances in an area that was not intended for variety could contravene the intent of the
master plan, but the lot and zoning standards in RI-U do are intended to compliment existing neighborhoods
while allowing additional housing variety. The plan recommends smaller lot sizes in the area as it would allow
for a more sustainable pattern of development. RI-U would allow for smaller lot sizes with an 18-foot lot width
compared to NC’s 40-foot requirement. The subject property has development restrictions due to the
Floodplain running along the southern half of the parcel which discourages any physical interaction with the
development here. A rezoning could allow for development on the northern half of the property, which would
enhance infill development. Both zoning types are comparable as both allow for a maximum height of three
stories for housing uses. Another similarity would be that both require a build-to-zone requirement, ensuring
that the urban form fabric of the area is maintained. The setback requirements for this subject property would
also remain the same as both would require 5-foot side and rear setbacks. The proposed zoning is generally
incompatible with the Walker Park Neighborhood Master Plan, but on the balance of considerations, staff is in
support of this rezoning request.
Land Use Plan Analysis: The proposed zoning is consistent with the property’s designation as a Residential
Neighborhood Area on the City Plan 2040 Future Land Use Map, which is intended to support a variety of
housing types within walkable urban neighborhoods. The RI-U zoning district would allow a mix of residential
densities in an urban form that promotes walkability. It is also generally in keeping with the surrounding NC
zoning district, as both require build-to zones, and it aligns with the character of nearby development.
However, the proposed zoning does not fully align with the Walker Park Neighborhood Master Plan, which
designates this area for primarily single-family development rather than a broader mix of housing types. It is
important to note that this plan was adopted in February 2008, and greater weight may be given to the more
recent City Plan 2040. Even so, the RI-U district does support one of the Master Plan’s goals by allowing
smaller lot sizes that encourage a more sustainable development pattern. Additionally, the site is encumbered
by a streamside protection zone on the southern half of the parcel. With the proposed rezoning, the northern
portion could accommodate increased density through reduced lot widths and by-right development of two-,
three-, and four-family dwellings. The property has a high infill score of 10, which indicates that it is a suitable
location for infill. It is also located within a third of a mile of a Tier 1 center found in City Plan 2040's growth
concept map, which advocates for a mixture of uses, both commercial and residential. Staff finds that the
requested rezoning could allow for the creation of missing middle housing and meets City Goals 1 (appropriate
infill), 3 (compact, complete, and connected development), and 6 (opportunities for attainable housing).
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 9-10 for this site. The
following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station 1, located at 303 W. Center St.)
• Near Sewer Main (6-inch main along S. Washington Ave.)
• Near Water Main (6-inch main along S. Washington Ave.)
• Near U of A Campus
• City Park (Ralph “Buddy” Hayes Park)
• Near Paved Trail (Willow Avenue Trail; Side Path Trail)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
• Near ORT Bus Stop (Willow & Huntsville)
• Near Razorback Bus Stop (MLK BLVD & Willow)
• Walker Park Master Plan
• Sufficient Intersection Density
DISCUSSION:
At the March 23, 2026, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council
with a recommendation of approval. Motion by Commissioner Gulley and seconded by Commissioner Gabe
with a vote in denial by Commissioner Werner. Commissioner Werner asked if the Historic District in the Long-
Range Planning Memo is assured or pending. City Staff stated that efforts to establish a historic district are
advancing. The district will be considered by the Historic District Commission at their April meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
3/24/2026
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
2026-1075
Item ID
4/21/2026
City Council Meeting Date - Agenda Item Only
RZN-2026-0007: Rezoning (325 S. WASHINGTON AVE/S&L DEVELOPMENT LLC, 524) Submitted by ODYSSEY
ENGINEERING for property located at 325 S. WASHINGTON AVE. in WARD 1. The property is zoned NC,
NEIGHBORHOOD CONSERVATION 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 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: March 23, 2026
SUBJECT: RZN-2026-0007: Rezoning (325 S. WASHINGTON AVE/S&L
DEVELOPMENT LLC, 524) Submitted by ODYSSEY ENGINEERING for
property located at 325 S. WASHINGTON AVE. The property is zoned NC,
NEIGHBORHOOD CONSERVATION and contains approximately 0.30
acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE-URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0007 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2026-0007 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in central Fayetteville and roughly 700 feet north of Jefferson Park. The
property contains one parcel totaling 0.30 acres which is currently zoned NC, Neighborhood
Conservation. The property was included in Phase 1 of Fayetteville’s Citywide Historic Resources
Survey in 2026. The existing structure contains a single-family bungalow that was constructed in
1930 and is potentially eligible for the National Register of Historic Places as a part of a historic
district but is not individually eligible. The property is not subject to any overlay districts but is
partially within the streamside protection zone on the southern portion of the parcel. The property
is also included in the Walker Park Neighborhood Plan. Surrounding land uses and zoning are
depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Residential NC, Neighborhood Conservation
South Residential NC, Neighborhood Conservation
East Residential NC, Neighborhood Conservation
West Residential NC, Neighborhood Conservation
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to
RI-U, Residential Intermediate - Urban.
Public Comment: Staff has not received any public comment at this time.
Planning Commission
March 23, 2026
RZN-2026-0007 (S&L DEVELOPMENT LLC)
Page 1 of 19
Updated with PC results
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has a road frontage along South Washington Avenue. South
Washington Avenue is a partially improved Residential Link Street with asphalt
paving and open ditches. Any street improvements required in these areas would
be determined at the time of the development proposal. 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 6-inch water
main along South Washington Avenue.
Sewer: Sanitary Sewer is available to the subject property. There is an existing 6-inch
sewer main of South Washington Avenue.
Drainage: There are no known wet weather sewer capacity issues identified in the City’s
2025 Sewer Master Plan that appear in the system 480 feet southwest of this
property. There is a FEMA Floodplain within the southern half of the property
therefore a floodplain development review will be required at the time of permit or
plan submittal. This will restrict the type of development and impact in flood
zones; and may require additional documentation such as flood studies or
elevation certificates depending on the type of development. If a development
impacts a floodplain, those impacts may require review and approval from FEMA.
Fire: Station 1, located at 303 W Center St., protects this site. The property is located
approximately 0.9 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 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, NC, Neighborhood
Conservation, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood. The property is also
located within the Walker Park Neighborhood Master Plan area.
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.
Planning Commission
March 23, 2026
RZN-2026-0007 (S&L DEVELOPMENT LLC)
Page 2 of 19
The Walker Park Neighborhood Master Plan was the city’s first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 9-10 for this
site with a weighted score of 12.5. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station 1, located at 303 W. Center St.)
• Near Sewer Main (6-inch main along S. Washington Ave.)
• Near Water Main (6-inch main along S. Washington Ave.)
• Near U of A Campus
• City Park (Ralph “Buddy” Hayes Park)
• Near Paved Trail (Willow Avenue Trail; Side Path Trail)
• Near ORT Bus Stop (Willow & Huntsville)
• Near Razorback Bus Stop (MLK BLVD & Willow)
• Walker Park Master Plan
• Sufficient Intersection Density
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the requested rezoning to be generally
compatible with surrounding land use but is inconsistent with zoning
patterns. The City’s comprehensive plan acknowledges the value of
increasing density in locations where City services and utilities already exist,
but only where it “reflects the existing community character.” The subject
property is located in the Walker Park Neighborhood Master Plan area, which
recommends appropriate infill of single-family residential units with high-
density. The potential in RI-U does allow for single-family in the interior of
the neighborhood, which would be in keeping with the master plan and
established character. However, the additional by-right of two-, three-, and
four-family dwellings and conditional low-scale commercial and multi-family
allowances in RI-U would not be upholding the intent of the plan nor
established character. Allowing small businesses to be located,
conditionally, in the middle of this residential block, could result in
compromising the integrity of the Walker Park Neighborhood Plan goals. The
plan notes Southgate Commercial Center, the intersection of School & 15th,
Jefferson Square, and along Huntsville Road as intended places to grow
commercial nodes and streets. The DG zoning to the north along E.
Huntsville Road allows for commercial and diverse housing uses (two-,
three-, and four-family), adhering to the goals of the plan. Allowing a zoning
district with more allowances in an area that was not intended for variety
could hurt the intent of the master plan area. But the lot standards in RI-U
would be in keeping with that same plan. The plan recommends smaller lot
sizes in the area as it would allow for a more sustainable pattern of
development. RI-U would allow for smaller lot sizes with an 18-foot lot width
Planning Commission
March 23, 2026
RZN-2026-0007 (S&L DEVELOPMENT LLC)
Page 3 of 19
compared to NC’s 40-foot requirement. The subject property has
development restrictions due to the Floodplain running along the southern
half of the parcel which discourages any physical interaction with the
development here. A rezoning could allow for development on the northern
half of the property, which would enhance infill development. Both zoning
types are comparable as both allow for a maximum height of three stories
for housing uses. Another similarity would be that both require a build-to-
zone requirement, ensuring that the urban form fabric of the area is
maintained. The setback requirements for this subject property would also
remain the same as both would require 5-foot side and rear setbacks. The
proposed zoning is generally incompatible with the Walker Park
Neighborhood Master Plan, but on the balance of considerations, staff is in
support of this rezoning request.
Land Use Plan Analysis: The proposed zoning is consistent with the
property’s designation as a Residential Neighborhood Area on the City Plan
2040 Future Land Use Map, which is intended to support a variety of housing
types within walkable urban neighborhoods. The RI-U zoning district would
allow a mix of residential densities in an urban form that promotes
walkability. It is also generally in keeping with the surrounding NC zoning
district, as both require build-to zones, and it aligns with the character of
nearby development. However, the proposed zoning does not fully align with
the Walker Park Neighborhood Master Plan, which designates this area for
primarily single-family development rather than a broader mix of housing
types. It is important to note that this plan was adopted in February 2008,
and greater weight may be given to the more recent City Plan 2040. Even so,
the RI-U district does support one of the Master Plan’s goals by allowing
smaller lot sizes that encourage a more sustainable development pattern.
Additionally, the site is encumbered by a streamside protection zone on the
southern half of the parcel. With the proposed rezoning, the northern portion
could accommodate increased density through reduced lot widths and by-
right development of two-, three-, and four-family dwellings. The property
has a high infill score of 10, which indicates that it is a suitable location for
infill. It is also located within a third of a mile of a Tier 1 center, which
advocates for a mixture of uses, both commercial and residential. Staff finds
that the requested rezoning could allow for the creation of missing middle
housing and meets City Goals 1 (appropriate infill), 3 (compact, complete,
and connected development), and 6 (opportunities for attainable housing).
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification for rezoning the subject
property from NC to RI-U since the rezoning would be consistent with the
property’s future land use designation and supports several goals of City
Plan 2040.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Planning Commission
March 23, 2026
RZN-2026-0007 (S&L DEVELOPMENT LLC)
Page 4 of 19
Finding: A rezoning from NC to RI-U could increase traffic in the area as the
allowances in RI-U allow for more development with no density maximums
and smaller lot widths. Given the small property, and it’s restrictions with the
floodplain, there is a prevention of substantial development. Staff does not
anticipate a noticeable increase in traffic as a result of the rezoning.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed rezoning has the potential to slightly alter the population
density since it would allow for more intense residential development.
However, the property currently has access to public streets, water, and
sewers, and any necessary improvements would be determined at the time
of development. 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-2026-0007 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: March 23, 2026 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Project Maps
o One Mile Map
Planning Commission
March 23, 2026
RZN-2026-0007 (S&L DEVELOPMENT LLC)
Page 5 of 19
Gulley
Cabe
7-1-0
o Close-Up Map
o Current Land Use Map
o Future Land Use Map
• Unified Development Code
o §161.29 District NC, Neighborhood Conservation
o §161.12 District RI-U, Residential Intermediate – Urban
• Staff Exhibits
o Long-Range Planning Memo
• Applicant Exhibits
o Request Letter
Planning Commission
March 23, 2026
RZN-2026-0007 (S&L DEVELOPMENT LLC)
Page 6 of 19
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Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
RZN-2026-0007 325 S. WASHINGTON AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
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Proposed RI-UCO
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RMF-24
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RI-U
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Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Hillside-Hilltop Overlay District
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0007 325 S. WASHINGTON AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NC
RI-U
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0.1
Total 0.1 ac1:2,400
Current
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KING JR BLVD
COLLEGE
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2025 Imagery | EagleView Technologies | Surdex Corporation
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2026-0007 325 S. WASHINGTON AVE N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential
Mixed Use
Single-Family Residential
Mixed Use
1:3,600
Planning Commission
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City
Neighborhood
Civic and
Private
Open Space
Residential
Neighborhood
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KING JR BLVD
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Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2026-0007 325 S. WASHINGTON AVE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
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March 23, 2026
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161.29 - Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other
zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses,
such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For
the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited business*
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 40 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front A build-to zone that is located between the
front property line and a line 25 feet from
the front property line.
Side 5 feet
Rear 5 feet
Rear, from center
line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(Ord. No. 5128, 4-15-08; 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, 7—9, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
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.
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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
A build-to zone that is located between the
front property, line and a line 25 feet from the
front property line.
None
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
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* 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— 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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TO: Citlali Samano, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: March 23, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0007
BACKGROUND:
The applicant requests to rezone approximately 0.27 acres from NC, Neighborhood
Conservation to RI-U, Residential Intermediate - Urban. Four long range planning documents
are relevant when evaluating this request: City Plan 2040, Walker Park Neighborhood Plan, the
Heritage & Historic Preservation Plan, and Phase 1 Fayetteville Citywide Historic Resources
Survey.
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”.
Walker Park Neighborhood Plan (2008):
Adopted in February 2008, the Walker Park Neighborhood Plan outlined four guiding principles,
of which one is relevant to this request:
1. Balance of Uses and Housing
Heritage & Historic Preservation Plan (2023):
The City’s Heritage & Historic Preservation Plan was initiated by City Plan 2040.
Heritage and Historic Preservation Master Plan Relevant Goals and Action Items
1.9 Plan Review Include historic preservation staff in review of proposed major
projects and zoning changes to determine impacts to historic
resources.
1.10 Demolition
Ordinance
Pass an ordinance to allow for the review of proposed demolitions
for resources forty-five years or older. Staff to evaluate each
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March 23, 2026
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property for significance. Work with property owner to discourage
demolition. Reviews should be taken up by HDC as needed.
4.9 Community
Engagement:
Transparency
Publish information about historic preservation reviews and
demolitions of historic properties to increase transparency.
Phase 1 Fayetteville Citywide Historic Resources Survey (2026):
The subject property was included in the phase 1 windshield survey of historic resources, which
identified a cluster of potentially significant resources historically known as “South Fayetteville.”
This neighborhood consists of modest residential properties constructed and occupied by
middle- and working-class residents. This area has experienced significant new development
involving the demolition of historic-age resources and the construction of new buildings that are
incompatible with the scale and character of the neighborhood.1
The subject property contains a single-family bungalow dwelling constructed ca. 1930,
according to Washington County Tax Assessor records. The property is potentially eligible for
the National Register of Historic Places as part of a historic district but is not individually eligible.
It is also contributing to a potential Local Historic District, which is currently under review by
staff. It has been assigned a moderate preservation priority.2 The survey recommends the
evaluation of a local historic district to slow the rapid loss of historic buildings and protect the
historic character of South Fayetteville. 3
Since rezoning requests often precede redevelopment plans, the property owner and/or
applicant should consult with Long Range & Preservation Planner prior to demolition or
alteration of historic-age structures to capture photo documentation. Documentation of historic
1 Post Oak Preservation Solutions, Phase 1 Fayetteville Citywide Historic Resources Survey, 20.
2 A moderate preservation was assigned to properties that represent a common but significant historic building type that is
represented on the NRHP and are not facing major development pressure. In most cases, resources that are already listed on the
NRHP were assigned a “Medium” preservation planning priority. For additional information, see Post Oak Preservation Solutions,
Phase 1 Fayetteville Citywide Historic Resources Survey, 10.
3 Post Oak Preservation Solutions, Phase 1 Fayetteville Citywide Historic Resources Survey, Survey Log; Recommendations 21,
and Survey Form 299.
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resources is an effective way to mitigate against the loss of historic structures when regulatory
tools are not available.
DISCUSSION:
Zoning History:
The zoning history of the neighborhood merits consideration
with this request. The 1945 “A Master City Plan and Public
Works Program for Fayetteville, Arkansas”, sponsored jointly
by the Fayetteville Chamber of Commerce and Fayetteville
City Council, called for the construction of U.S. Highway 71
through the neighborhood, following Willow Ave. and Spring
Branch to the intersection of Maple and Mission. Part of the
justification for the route was that “It would afford an
opportunity to build roadside parks and parking area in what
is now sub-standard housing districts.”, and that “The
highway would not pass by important public buildings such
as schools, hospitals, etc.” The historic St. James Methodist
and Missionary Baptist churches as well as the Lincoln
School, the segregated elementary school, were all on the
proposed highway route.
While many of the projects proposed in the 1945 plan did not
come to fruition, the neighborhood was subjected to many of
the proposals of the 1968 “Program for Community Renewal”
written by consulting planner James Vizzier. Like many
urban renewal plans of the mid-20th century, the plan was
paid for in part by a grant from the federal Urban Renewal
Administration under the Housing Act of 1954. The plan
noted that Fayetteville’s “general plan should be updated
and expanded to include plans for community renewal.”, and further explained that, “…about
65% of the housing supply (in the city) might be susceptible to blight…Most of these
improvements are in older neighborhoods where the units that must be cleared are deficient or
dilapidated rather than sound.” Vizzier counted 1,327 families to be displaced by public
improvements for University expansion, street construction, hospitals or schools and
playgrounds, while at the same time noting an imbalance between the cost of housing and
family income. He laid out an ambitious and costly ($47,615,400 in 1968 dollars) plan for urban
renewal in Fayetteville, most of which was never accomplished. One of the significant outcomes
of Vizzier’s recommendations, however, was Fayetteville’s zoning ordinance in 1970. Vizzier
had criticized the city’s zoning as being based “primarily on existing land use instead of the
future land use plan. And second, it does not recognize the need for raising the standards for
land use in older areas. Upgrading and renewal of older areas are not provided for in the
document (referring to the city’s comprehensive plan). The rules do not provide for large scale
developments such as renewal projects.”
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.
The subject property was again rezoned, this time to the current zoning designation of NC,
Neighborhood Conservation, in 2008 following the Walker Park Neighborhood Plan.
Map showing proposed route of Hwy.
71. 1945 Master City Plan, pg. 41.
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March 23, 2026
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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. 4 The request aligns with this
designation by increasing the variety of housing types permitted from just single-family to include
two-, three-, and four-family housing. Careful consideration of the site is merited since the property
is also designated as Natural area due to the presence of the Branch near the southern portion
of the parcel. Natural areas include those with limited development potential due to topography
or hydrology or ecologically sensitive areas. These areas are intended to encourage a
development pattern that prevents degradation and utilizes low impact development stormwater
infrastructure.5 Complete build-out of the site as permitted by RI-U may not be feasible or
advisable due to negative impacts on the stream and incongruence with the natural area
designation on part of the site.
Walker Park Neighborhood Plan:
The subject property is included in the Walker Park Neighborhood Plan, which outlines goals
and a vision for the area. Including a balance of commercial uses and diverse housing types.
RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park
Plan and City Plan 2040.
4 City Plan 2040, 128.
5 City Plan 2040, 126.
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February 11, 2026
Rezoning Narrative
325 Washington Avenue
Parcel No. 765-05049-000
Fayetteville, Arkansas
This letter is submitted in support of a rezoning request for the property located at 325 Washington Avenue,
Parcel Number 765-05049-000, in Fayetteville, Arkansas.
The subject property contains approximately 0.30 acres and is currently zoned NC (Neighborhood
Conservation). The property is located partially within the Residential Neighborhood designation of the Future
Land Use Plan and partially within the Natural Area designation. An existing stream is located adjacent to the
property and influences both site design and development potential.
Proposed Development
The current development concept includes four (4) attached townhome units and one (1) detached unit, for a
total of five (5) residential units. The proposed housing type is intended to provide context-sensitive, infill
residential development that complements the surrounding neighborhood while allowing for moderate density
consistent with surrounding rezonings in the area.
Surrounding Context
There have been several recent RUI rezonings in the area, as well as RMF-18 zoning immediately to the north,
indicating a pattern of moderate-density residential development in this portion of the neighborhood. The
properties immediately adjacent to the site remain zoned NC.
The requested rezoning is intended to align the site with the evolving residential development pattern in the
area while remaining sensitive to adjacent properties and natural features.
Streamside Protection & Environmental Considerations
An existing stream runs adjacent to the property. The applicant intends to request applicable Streamside
Protection waivers where necessary; however, the development will incorporate enhanced environmental
protections that exceed minimum standards.
Specifically, the proposal includes:
• A more intensive riparian buffer area along the stream corridor, designed not only to provide stream
protection but also to serve as a neighborhood amenity space.
• Proposed erosion control and stabilization measures along the streambank to improve long-term
environmental performance and reduce sedimentation risks.
The intent is to balance responsible infill development with improved stream stewardship and long-term
environmental enhancement of the corridor.
Planning Commission
March 23, 2026
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Page 18 of 19
Consistency with Future Land Use Plan
The portion of the property designated Residential Neighborhood supports moderate residential development.
While a portion of the site is identified as Natural Area, the proposal respects the stream corridor through
enhanced buffering and environmental improvements, ensuring the natural features remain protected and
integrated into the site design.
If you have any further questions or require further information please feel free to contact
jchavis@odysseynwa.com.
________________________________________
Jake Chavis
Owner- Director
jchavis@odysseynwa.com
Planning Commission
March 23, 2026
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