The URL can be used to link to this page

Home My WebLink AboutOrdinance 7004Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7004 File Number: 2026-1794 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-13 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1429 AND 1431 WEST DEANE STREET IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from RSF-4, Residential Single-Family, Four Units per Acre, to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on June 2, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 89.68 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Midtown Trail Proposed RI-U MAXWELL DR ST E P H E N S A V E GIFFORDAVE DEANE ST P-1 RSF-4 R-A RSF-8 Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2026-0013 1429 W DEANE ST & 1431 W DEANE ST N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.4 0.0 Total 0.4 ac1:2,400 Current 0.0 0.4 Exhibit A Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Legal Description 1431 Deane Street, Fayetteville, AR 72703 765-10069-000 Lot 3, Reinheimer Subdivision, of a part of the SW 1/4 of the SE 1/4 of Section 5, Township 16 North, Range 30 West, Washington County, Arkansas, as shown on plat record 1 at page 255, along with and subject to a mutual use and right for access driveway easement located along the East 10 feet of Lot 3, Reinheimer Subdivision. Subject to easements, rights of way, and protective covenants of record, if any. Legal Description 1429 Deane Street, Fayetteville, AR 72703 765-10070-000 Lot 4, Reinheimer Subdivision, of a part of the SW 1/4 of the SE 1/4 of Section 5, Township 16 North, Range 30 West, Washington County, Arkansas, as shown on plat record 1 at page 255, along with a mutual use and right for access driveway easement located along the East 10 feet of Lot 3, Reinheimer Subdivision. Subject to easements, rights of way, and protective covenants of record if any. Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1794 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-13 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1429 AND 1431 WEST DEANE STREET IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from RSF-4, Residential Single-Family, Four Units per Acre, to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F 5/12/2026 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 2026-1794 Item ID 6/2/2026 City Council Meeting Date - Agenda Item Only RZN-2026-0013: Rezoning (1429 & 1431 W DEANE ST/JOANNA ELISABETH HESS & MYLISSA GRABER, 365) Submitted by RMP LLP for property located at 1429 & 1431 W DEANE ST in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 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: 6/2/2026 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1794 MEETING OF JUNE 2, 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-2026-0013: Rezoning (1429 & 1431 W DEANE ST/JOANNA ELISABETH HESS & MYLISSA GRABER, 365) Submitted by RMP LLP for property located at 1429 & 1431 W DEANE ST in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 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 northwest Fayetteville and is approximately 215 feet northeast of the Lewis Soccer Complex. The property contains two parcels totaling 0.40 acres which is currently zoned RSF-4, Residential Single-Family, Four Units per Acre and contains two single-family dwellings. One dwelling was constructed in 1925 and the other in 1949, per Washington County Assessor records, with neither individually eligible for the National Register of Historic Places. The property is not subject to any overlay districts. Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, Four Units per Acre to RI-U, Residential Intermediate - Urban. Public Comment: Staff has one public comment in denial of rezoning, citing neighborhood character concerns and infill development in this area. Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses and zoning patterns. While the subject property is currently zoned RSF-4 and is immediately surrounded by single- family properties, the broader neighborhood context includes single-family dwellings of varying scale, tandem lots, accessory dwellings, two-family dwellings, and multi-family housing. Where RSF-4 only permit single family by right and two-family dwellings and minimal commercial uses conditionally, RI-U allows additional housing types and would also conditionally allow for multi-family dwellings and private dormitories, in addition to minimal commercial uses. Notably, multiple properties zoned RI-U are situated within a quarter-mile radius. Introducing RI-U to this site would align with these existing development patterns rather than introducing foreign requirements. While RSF-4 typically requires larger setbacks, RI-U utilizes smaller bulk and area requirements that better reflect the urban fabric already established by the nearby RI-U parcels. Although RI-U does not carry a maximum density, the total size of the subject area, comprising 0.4 acres (0.2 acres per lot), Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov inherently limits the scale of potential development. The application of urban form setbacks on a site of this size ensures that new construction remains contextual. Staff finds the rezoning will not result in a significant adverse impact, as it bridges the gap between the immediate single-family lots and the existing higher-density residential allowances in the vicinity. Land Use Plan Analysis: The proposed zoning is consistent with the City Plan 2040 Future Land Use Map designation as a Residential Neighborhood Area, which supports a wide variety of housing types at an appropriate scale. The RI-U district supports this designation by expanding residential opportunities on a site with a moderate infill score of 7. The presence of other RI-U zoning in the vicinity reinforces that this request supports City Goals #1 (appropriate infill), #3 (compact development), and #6 (attainable housing opportunities). Staff finds that RI-U will allow for development that respects the immediate residential context while successfully integrating with the diverse housing densities found within the quarter-mile radius. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8, 2266 W Deane St) • Near Sewer Main (6 in gravity line, south of subject property) • Near Water Main (8 in and 24 in lines, W Deane St) • Near Public School (Asbell Elementary School) • Near City Park (Lewis Soccer Complex) • Near Paved Trail (Midtown Trail) • Near Razorback Bus Stop (Washington Plaza & Garland & Sycamore) DISCUSSION: At the May 11, 2026 Planning Commission meeting, a vote of 8-0-0 forwarding the request to City Council with a recommendation of approval. No additional discussion was made. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Citlali Samano, Planner MEETING DATE: May 11, 2026 SUBJECT: RZN-2026-0013: Rezoning (1429 & 1431 W DEANE ST/JOANNA ELISABETH HESS & MYLISSA GRABER, 365) Submitted by RMP LLP for property located at 1429 & 1431 W DEANE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE – URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2026-0013 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2026-0013 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in west Fayetteville and is approximately 215 feet northeast of the Lewis Soccer Complex. The property contains two parcels totaling 0.40 acres which is currently zoned RSF-4, Residential Single-Family, Four Units per Acre and contains two single-family dwellings. One dwelling was constructed in 1925 and the other in 1949, per Washington County Assessor records, but is not individually eligible for the National Register of Historic Places. The property is not subject to any overlay districts. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North U of A Agricultural Farm R-A, Residential Agricultural South Single-Family Residential RSF-4, Residential Single-Family, Four Units Per Acre East Single-Family Residential RSF-4, Residential Single-Family, Four Units Per Acre West Single-Family Residential RSF-4, Residential Single-Family, Four Units Per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, Four Units per Acre to RI-U, Residential Intermediate - Urban. Public Comment: Staff has one public comment in denial of rezoning, citing neighborhood character concerns and infill development in this area. Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 1 of 19 Updated with PC results Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has frontage along West Deane Street. West Deane Street is a fully improved Neighborhood Link Street with asphalt paving, sidewalk and curb & gutter. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject property. There is an existing 8-inch water main and an existing 24-inch main along West Deane Street. Sewer: Sanitary Sewer is available to the subject property. There is an existing 6-inch sewer main along the south side of the subject property. Drainage: There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 186 feet southeast of the property. No portions of the subject area lie within the Hillside-Hilltop Overlay District. No portion of the subject area lie within a FEMA floodplain. No protected streams are present in the subject area. There are hydric soils present in the subject area. Though hydric soils are a known indicator of wetlands, for an area area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Fire: Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 0.6 miles from the fire station with an anticipated drive time of approximately 1 minutes using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The current zoning district of zoned RSF-4, Residential Single-Family, Four Units per Acre, requires 25% minimum canopy preservation. The proposed zoning district of zoned RI-U, Residential Intermediate - Urban, requires 15% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 2 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. 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, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site with a weighted score of 11. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8, 2266 W Deane St) • Near Sewer Main (6 in gravity line, south of subject property) • Near Water Main (8 in and 24 in lines, W Deane St) • Near Public School (Asbell Elementary School) • Near City Park (Lewis Soccer Complex) • Near Paved Trail (Midtown Trail) • Near Razorback Bus Stop (Washington Plaza & Garland & Sycamore) Finding: Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses and zoning patterns. While the subject property is currently zoned RSF-4 and is immediately surrounded by single-family properties, the broader neighborhood context includes two- family dwellings and infill housing. Current zoning allows for two-family dwellings and minimal commercial uses conditionally; however, RI-U would also conditionally allow for multi-family dwellings and private dormitories, in addition to minimal commercial uses. Notably, multiple properties zoned RI- U are situated within a quarter-mile radius. Introducing RI-U to this site would align with these existing development patterns rather than introducing foreign requirements. While RSF-4 typically requires larger setbacks, RI-U utilizes smaller bulk and area requirements that better reflect the urban fabric already established by the nearby RI-U parcels. Although RI-U does not carry a maximum density, the total size of the subject area, comprising 0.4 acres (0.2 acres per lot), inherently limits the scale of potential development. The application of urban form setbacks on a site of this size ensures that new construction remains contextual. Staff finds the rezoning will not result in a significant adverse impact, as it bridges the gap between the immediate single-family lots and the existing higher-density residential allowances in the vicinity. Land Use Plan Analysis: The proposed zoning is consistent with the City Plan 2040 Future Land Use Map designation as a Residential Neighborhood Area, which supports a wide variety of housing types at an appropriate scale. The RI-U district supports this designation by expanding residential opportunities on a site with a moderate infill score of 7. The presence of other RI-U zoning in the vicinity reinforces that this request supports City Goals Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 3 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F #1 (appropriate infill), #3 (compact development), and #6 (attainable housing opportunities). Staff finds that RI-U will allow for development that respects the immediate residential context while successfully integrating with the diverse housing densities found within the quarter-mile radius. 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 RSF-4 to RI-U. Staff finds that the proposed rezoning is compatible with surrounding properties and consistent with the City’s future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RSF-4 to RI-U may slightly increase local traffic, though the property's size naturally limits overall density. 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 additional 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-2026-0013 to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 4 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F PLANNING COMMISSION ACTION: Required YES Date: May 11, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.07 District RSF-4, Residential Single-Family, Four Units per Acre o §161.09 District RSF-8, Residential Single-Family, Eight Units per Acre • Staff Exhibits o Long-Range Planning Memo • Applicant Exhibits o Request Letter • Public Comments Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 5 of 19 Brink Cabe 8-0-0 with a rec. of approval Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F NORTH ST GARLAND AVE DEANE ST GARLAND AVE 49 SANG AVE SYCAMORE ST GARLANDAVE LEVERETT AVE WEDINGTON DR GARLAND AVE 49 RMF-40 RSF-4 C-2 C-1 I-1 R-O P-1 RMF-6 RMF-24 R-A CS RSF-18 Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Freeway/Expressway Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View RZN-2026-0013 1429 W DEANE ST & 1431 W DEANE ST N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 6 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Midtown Trail Proposed RI-U MAXWELL DR ST E P H E N S A V E GIFFORDAVE DEANE ST P-1 RSF-4 R-A RSF-8 Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2026-0013 1429 W DEANE ST & 1431 W DEANE ST N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.4 0.0 Total 0.4 ac1:2,400 Current 0.0 0.4 Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 7 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F LE W I S A V E DEANE ST 2025 Imagery | EagleView Technologies | Surdex Corporation Neighborhood Link Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2026-0013 1429 W DEANE ST & 1431 W DEANE ST N 0 225 450 675 900112.5 Feet Subject Property Mixed Residential Single-Family Residential Single-Family Residential Institutional 1:3,600 Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 8 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F City Neighborhood Civic and Private Open Space Civic Institutional Non-Municipal Government Residential Neighborhood NORTH ST GARLAND AVE DEANE ST GARLAND AVE 49 WEDINGTON DR GARLANDAVE SYCAMORE ST GARLAND AVE 49 Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Freeway/Expressway Unclassified Alley Residential Link Planned Neighborhood Link Planned 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-2026-0013 1429 W DEANE ST & 1431 W DEANE ST N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 9 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F 161.07 - District RSF-4, Residential Single-Family — Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Units per acre 4 or less (D) Bulk and Area Regulations. Single-family dwellings Two-family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot minimum width 60 feet 70 feet Hillside Overlay District Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 10 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 6945, §5(Exh. D), 12-16-25) 161.09 - District RSF-8, Residential Single-Family — Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single-family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two-family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 11 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F (3) Land Area per Dwelling Unit Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy s ystems shall not be considered buildings. (Ord. No. 6945, §5(Exh. D), 12-16-25) Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 12 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F TO: Citlali Samano, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: May 11, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2026-0013 BACKGROUND: The applicant requests to rezone approximately 0.40 acres from RSF-4, Residential Single- Family, Four Units Per Acre to RI-U, Residential Intermediate-Urban. Two long range planning documents are relevant when evaluating this request: City Plan 2040 and the Heritage & Historic Preservation Plan. 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”. 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 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. Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 13 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F DISCUSSION: Zoning History: Ordinance 1747 approved on June 29, 1970 enacted a new zoning map and set of districts and zoning requirements for the city. This map shows the subject property and surrounding neighborhood as being zoned into the low-density “R-1” zoning district, which was subsequently translated to “RSF-4” with the adoption of the city’s Unified Development Code. City Plan 2040 and Future Land Use Plan: This area is designated as a Residential Neighborhood area, which are “primarily residential in nature and support a wide variety of housing types of appropriate scale and context.” This request aligns with this designation by increasing the potential density and allowing for more diverse housing types, including two-, three- and four-family dwellings. RI-U would also permit greater flexibility for lot width and area. The request is in keeping with both the future land use designation and existing neighborhood patterns and supports goals 1, 2, & 6 of City Plan 2040. Property History: The subject property contains two single-family dwellings constructed ca. 1925 and ca.1949, according to Washington County Tax Assessor records. The dwellings have not yet been captured by the citywide historic property survey and are not individually eligible for inclusion on the National Register of Historic Places. 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 resources is an effective way to mitigate against the loss of historic structures when regulatory tools are not available. Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 14 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F LARRY McCREDY | Attorney lmccredy@rmp.law PO Box 1788 | Fayetteville AR 72702 5519 Hackett St. Suite 300 | Springdale AR 72762 T 479 443 2705 | F 479 443 2718 April 10, 2026 City of Fayetteville Planning Commission 113 West Mountain Street Fayetteville, AR 72701 Re: Rezoning Application for Parcel Number 765-10069-000 & 765-10070-000 To Whom It May Concern: I represent Riggins Ventures, LLC. I submitted an application to rezone parcel numbers 765-10069-000 and 765-10070-000 from RSF-4 to RI-U on or about March 26, 2026. Riggins Ventures is under contract to purchase this property, conditioned on a successful rezone application. I may have inadvertently created some confusion in the application because Riggins Ventures is not the current owner of the parcels for which rezoning is sought. Obviously, the current owners are aware of this effort and consent to it, as evidenced by the consent of owner form that they executed and that was submitted with the application. I apologize for this confusion. If there is any additional information needed at this time, please let me know. Thank you for your assistance. Sincerely, /s/ Larry McCredy Larry McCredy LMC/eil Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 15 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Statement of Compatibility Page 1 Statement of Compatibility: Proposed Rezoning from RSF-4 to RI-U Introduction This statement is submitted in support of the application to rezone two tracts of property, Parcel 765-10069-000 and 765-10070-000, from the RSF-4 (Residential Single-Family – Four Units Per Acre) zoning classification to the RI-U (Residential Intermediate – Urban) zoning classification. As set forth below, the proposed rezoning is compatible with neighboring properties and will not unreasonably adversely affect or conflict with surrounding land uses. Overview of Existing and Proposed Zoning Classifications The subject tracts are currently zoned RSF-4, which is designed to permit and encourage the development of low-density detached dwellings in suitable environments, as well as to protect existing development of these types. The RSF-4 district permits single-family dwellings by right, with two-family dwellings available as a conditional use. Maximum density in the RSF-4 district is four single-family units per acre and seven two-family units per acre, with a minimum lot width of 70 feet for single-family dwellings and a minimum lot area of 8,000 square feet. Building height is limited to three stories, and building area may not exceed 40% of the total lot area. The proposed RI-U zoning classification 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. The RI-U district permits single-family dwellings, two- family dwellings, and three- and four-family dwellings by right, with multi-family dwellings available as a conditional use. The minimum lot width is 18 feet, and there is no minimum lot area or density cap. Building height under the RI-U classification is limited to two stories for structures within ten feet of the front property line or any master street plan right-of-way line, and three stories for portions of buildings set back more than ten feet. The maximum building area is 60% of the total lot area, and a minimum of 50% of the lot width must constitute buildable street frontage. Compatibility with Surrounding Land Uses The surrounding properties are predominantly classified as RSF-4, RSF-8, R-A, and P-1. The proposed RI-U zoning is compatible with each of these neighboring classifications for the following reasons. First, the RI-U district shares a fundamentally residential character with the surrounding RSF-4 and RSF-8 districts. Like RSF-4, the RI-U district permits single-family and two-family dwellings. The RI-U district additionally permits three- and four-family dwellings by right, but the Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 16 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Statement of Compatibility Page 2 Fayetteville City Code expressly states that the RI-U classification is intended to provide a range of housing types that are “compatible in scale with single-family homes”. The code’s own language thus recognizes that the housing types encouraged under RI-U are designed to coexist harmoniously alongside single-family residential neighborhoods. The RSF-8 district, which permits a higher density of single-family dwellings than RSF-4, already introduces a slightly more intensive residential use in the area, and the RI-U district fits naturally within this existing spectrum of residential density. Second, the RI-U district’s building height and bulk restrictions serve as built-in safeguards ensuring that new development will remain consistent with the physical character of the neighborhood. The maximum building height in the RI-U district is two stories near the front property line and three stories when set back more than ten feet from the right-of-way. This height limitation mirrors the three-story maximum permitted in the RSF-4 district. Although the RI-U district allows a building coverage ratio of up to 60% of the lot area, compared to 40% in the RSF- 4 district, this modest increase is unlikely to produce development that is out of character with the existing neighborhood, particularly given the stepped height restrictions that keep structures near the street at a lower profile. Third, the RI-U district’s conditional use requirements provide additional protection for the surrounding neighborhood. Multi-family dwellings and private dormitories, for example, are not permitted by right but require a conditional use permit, which entails additional review and public input before approval. This ensures that more intensive use will only be developed if the City determines they are appropriate for the specific site and its context. Fourth, the proposed rezoning is consistent with the purpose of the neighboring R-A and P-1 districts. The R-A (Residential-Agricultural) district accommodates a mix of lower-density residential and agricultural uses, and the P-1 (Institutional) district typically accommodates public and institutional uses such as schools, parks, and government facilities. The RI-U district’s emphasis on walkable urban living and a diversity of housing types complements these districts by supporting a transition between institutional or lower-density uses and the surrounding residential fabric. The Proposed Rezoning Will Not Unreasonably Adversely Affect Surrounding Uses For the reasons discussed above, the proposed rezoning from RSF-4 to RI-U will not unreasonably adversely affect or conflict with surrounding land uses. The RI-U classification was specifically designed to be compatible in scale with single-family homes, ensuring that any new development on the subject tracts will blend with the existing residential character of the neighborhood. The building height and setback controls in the RI-U district prevent out-of-scale development and protect neighboring properties from unreasonable impacts. The conditional use permit process for Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 17 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Statement of Compatibility Page 3 higher intensity uses provides an additional layer of review, ensuring that such uses are only approved when they are appropriate for the location. In sum, the RI-U classification represents a measured, incremental increase in permitted residential density and housing variety that is well- suited to the subject tracts and their surroundings, and the proposed rezoning should be approved. Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 18 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Outlook RZN-2026-0013 (1429 & 1431 W. Deane) From Rebecca Bryant <r.bryant@mac.com> Date Wed 5/6/2026 12:33 PM To Samano, Citlali <csamano@fayetteville-ar.gov> CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission members, I understand the impetus for infill and higher density, but we do need to be some bounds on that. This property is surrounded by single family homes in a RSF-4 neighborhood. The current owner bought it at the end of 2021 and put it on the market in early 2025. It has now been on the market for nearly a year and a half. After they first 2 months on the market, the owner did a small price reduction. Now, instead of a more significant price reduction, they are aiming for a speculative spot rezoning in the hope that will optimize the price they can get. I can’t see any justification whatsoever for granting this request — at this point in time without a buyer in the wings with a specific proposal for a higher density use that justifies R1-U. Sincerely, Rebecca Bryant 1553 W. Deane 5/7/26, 8:49 AM Mail - Samano, Citlali - Outlook https://outlook.office.com/mail/inbox/id/AAQkAGZlNjEzOThjLWEzNjEtNDM4Mi1iNGMyLTEwZGY4MDNjNDQ0YwAQAGICbRJuchxKkSZJI2GukN0%3…1/1 Planning Commission May 11, 2026 RZN-2026-0013 (JOANNA ELISABETH HESS & MYLISSA GRABER) Page 19 of 19 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Form v1.55 NVECEIVE i 6/8/2026 Media C TY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 602396 PO #: Matter of: Ord 7004 AFFIDAVIT•STATE OF ARKANSAS I. Maria Hernandez-Lopez,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county.State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: Ord 7004 Pending in the court,in said County.and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$89.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 06/07/26;NWA nwaonline.com 06/07/26 11.740.,6;f??caexfe,4„/ Cy 8 Rq Sti /,, 2O220` 9Legal ClerkG 126‘; O State of ARKANSAS.County of Sebastian = , :2 �..� v' a Subscribed and sworn to before me on this 8th day of June, 2026 = '. pU B LAG , o 2 • N ARY PUBLIC Ordinance:7004 File Number: 2026-1794 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026- 13 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1429 AND 1431 WEST DEANE STREET IN WARD 2 FROM RSF-4,RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE,TO RI-U,RES- IDENTIAL INTERMEDIATE- URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit B) both attached to the Planning Department's Agenda Memo from RSF-4,Residential Single-Family, Four Units per Acre,to RI-U,Residential Inter- mediate-Urban. Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on June 2,2026 Approved: Molly Rawn,Mayor Attest: Kara Paxton City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$89.68 June 7,2026 602396