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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: P $'l:M i C). 'rlf" = -i FAvE r-rE vrr L E !r= %i*=N Molly Rawn,C This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 85.12 Page 1 J lEI:ESIr-{fl Itrr,, Proposed RI-U CO L L E G E A V E SOUTH ST 4TH ST 5TH ST AL L E Y 1 1 9 AL L E Y 2 6 7 WIL L O W A V E 4TH ST SOUTH ST WASHINGTON AVE CO M B S A V E H U N T S VIL L E R D MI L L A V E NELSO N HACKE T T B L V D MARTIN LUTHER KING JR BLVD RMF-24 DG NC RSF-18 RI-U UN 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 0.0 0.3 Total 0.3 ac1:2,400 Current 0.3 0.0 Parcel 765-05049-000 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: II[Illl �lll 111 [III[ f ll[l lil[I fli[[ lii[[ lii[111111 [Illl [Illl l[lll I[lll llll ll[1 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 H U N T S VIL L E R D MO R N I N G S I D E D R DICKSON ST SCH O O L A V E R O C K ST COLLEGE AVE HUNTSVILLE RD N E L S O N H ACK E T T B L V D MARTIN LUTHER KING JR BLVD MI L L AV E RMF-24 R-O RSF-4 R-A RSF-8 MSC DC RPZD P-1 NC DG CS I-1 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 Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 7 of 19 Proposed RI-UCO L L E G E A V E SOUTH ST 4TH ST 5TH ST AL L E Y 1 1 9 WI L L O W A V E AL L E Y 2 6 7 4TH ST SOUTH ST WASHINGTON AVE CO M B S A V E H U N T S VIL L E R D MI L L A V E N E L S O N H A C K E T T B L V D MARTIN LUTHER KING JR BLVD RMF-24 DG NC RSF-18 RI-U UN 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 0.0 0.1 Total 0.1 ac1:2,400 Current 0.1 0.0 Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 8 of 19 CO L L E G E A V E BL O C K A V E BL O C K AV E 7TH ST WOOD AVE MARTIN LUTHER KING JR BLVD COLLEGE AVE ROCK ST N E L S O N H A C K E T T B L V D H U N T S V I L L E R D MI L L A V E 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 March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 9 of 19 City Neighborhood Civic and Private Open Space Residential Neighborhood H U N T S VIL L E R D MO R N I N G S I D E D R DICKSON ST SCH O O L A V E R O C K ST COLLEGE AVE HUNTSVILLE RD N E L S O N H ACK E T T B L V D MARTIN LUTHER KING JR BLVD MI L L AV E 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 Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 10 of 19 161.29 - 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. Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 11 of 19 161.12 - 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* Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 12 of 19 * 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 March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 13 of 19 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 Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 14 of 19 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. Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 15 of 19 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. Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 16 of 19 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. Planning Commission March 23, 2026 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 17 of 19 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 RZN-2026-0007 (S&L DEVELOPMENT LLC) 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 RZN-2026-0007 (S&L DEVELOPMENT LLC) Page 19 of 19