HomeMy WebLinkAboutOrdinance 7013Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7013
File Number: 2026-2022
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-17
FOR APPROXIMATELY 3.53 ACRES LOCATED AT 3105 NORTH OLD WIRE ROAD IN WARD 3 FROM
RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, TO P-1, INSTITUTIONAL
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 P-1, Institutional.
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 July 7, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $86.64
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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NiokaskaCreek
Connector
Proposed P-1
W A R W I C KDR
ACADIANACT
OLD WIRE RD
CROSSOVERRD
CROSSOVER
RD
SKILLERN RD
R-A
RPZD
RSF-4
P-1
Regional Link
Neighborhood Link
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0017 3105 N OLD WIRE RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
P-1
RSF-4
3.5
0.0
Total 3.5 ac1:2,400
Current
0.0
3.0
EXHIBIT A
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
SURVEY DESCRIPTION TRACT 1 (THIS PLAT).
A PART OF THE E1/2 OF THE NW1/4 OF THE NW1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST,
WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 31; THENCE ALONG THE
SOUTH LINE OF SAID NW1/4 OF THE NW1/4 S87°27'42"E 954.19 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF N. CROSSOVER RD. / HWY. 265 (R/W VARIES) AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY
RIGHT-OF-WAY LINE THE FOLLOWING 3 (THREE) COURSES: N03°10'21"E 58.81 FEET TO AN AHTD ALUMINUM
MONUMENT FOUND; N80°29'12"W 104.01 FEET TO AN AHTD ALUMINUM MONUMENT FOUND; N03°06'42"W 266.38 FEET
TO AN AHTD ALUMINUM MONUMENT FOUND; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S88°38'15"E
486.04 FEET TO THE EAST LINE OF SAID NW1/4 OF THE NW1/4 OF SECTION 31; THENCE ALONG SAID EAST LINE
S02°29'29"W 346.49 FEET TO THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NW1/4; THENCE ALONG THE SOUTH
LINE OF SAID NW1/4 OF THE NW1/4 N87°27'46"W 357.41 FEET TO THE POINT OF BEGINNING, CONTAINING 3.53
ACRES, MORE OR LESS. SUBJECT TO THE RIGHT-OF-WAY OF N. OLD WIRE ROAD AND SUBJECT TO ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
EXHIBIT B
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2022
MEETING OF JULY 7, 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-2026-0017: Rezoning (3105 N OLD WIRE RD/OWEN FAMILY TRUST,
255) Submitted by JASON APPEL for property located at 3105 N OLD WIRE RD in
WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE and contains approximately 3.53 acres. The request is to rezone the
property to P-1, INSTITUTIONAL
RECOMMENDATION:
Staff and the Planning Commission recommend approval of forwarding RZN-2026-0017 to City Council with a
recommendation of approval.
BACKGROUND:
The subject property is in northeast Fayetteville on the northwest corner of N Old Wire Rd and E Skillern Rd.
While the subject property contains 3.53 acres, the overall property totals 8.7 acres, with the full acreage
currently zoned RSF-4, Residential Single-Family, Four Units per Acre. In April 2026, the Planning
Commission considered and denied a conditional use permit request for Mobius Learning Academy on the
property, with several commissioners expressing a preference to see the applicant seek a rezoning. The
property is in the process of being split into two lots (LSP-2026-0016) with the proposed 3.53 acre lot located
towards the south end, abutting N. Old Wire Rd. The property is not subject to any overlay districts but is
partially within the floodplain, floodway, and streamside protection zone associated with Flynn Creek to the
west.
Request: The request is to rezone the subject property, totaling 3.53 acres, from RSF-4, Residential Single-
Family, Four Units per Acre to P-1, Institutional.
Public Comment: Staff has received three public comments, via email and in-person, citing concerns about
traffic, road infrastructure, pedestrian/cyclist safety, and streamside protection drainage.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4. The following elements
of the matrix contribute to the score:
• Adequate Fire Response (Station 5, 2493 N Crossover Rd)
• Near Water Main (6” line, N Old Wire Rd and 36” line along Flynn Creek)
• Near City Park (Rocky Branch Park)
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
• Near Paved Trail (Niokaska Creek Trail)
Land Use Compatibility: Staff finds the proposed institutional zoning to be compatible with the existing land use
pattern and intent of the district standards. The subject property is situated along N. Old Wire Road, which is
classified as a Neighborhood Link Street designed to transition traffic from low-volume local roads to regional
arterials. This specific street topology prioritizes pedestrian and cyclist safety by incorporating wider
greenspaces and accommodating bicycle traffic on sidewalks rather than active drive lanes, establishing an
infrastructure network well-suited for mixed-use and community-oriented facilities. While the immediate vicinity
consists of residential zoning lots that currently lack institutional services, the broader corridor transitions
systematically into commercial and mixed-use zones. Placing an institutional facility at this location provides a
logical land use buffer between these intensities. Specifically, the applicant has stated their intent to establish a
childcare facility serving an estimated 100 to 300 students from the surrounding area; while the final enrollment
capacity remains subject to state licensing laws and regulations, the core intent of the use remains unchanged.
Importantly, while this rezoning request explicitly evaluates the compatibility of the proposed use on the
property, any future development of the site will mandate full compliance with city standards, including
necessary roadway dedication and infrastructure improvements along the property frontage. Utilizing direct
access to a transitional thoroughfare mitigates commercial traffic intrusion into local neighborhood streets,
while these required development-stage improvements will ensure safe site ingress and egress. Consequently,
the request aligns with municipal policies that encourage functional, visually enhanced institutional
development along primary transit corridors.
Land Use Plan Analysis: Staff finds that while the request is not fully consistent with the property's Future Land
Use Map designations of Natural Area and Residential Neighborhood, it strongly aligns with the strategic
objectives of City Plan 2040. The existing Natural Area designation reflects an intent to preserve natural
landscapes, which is likely designated in conjunction with the floodway, floodplain, and streamside protection
zones associated with Flynn Creek along the western boundary of the property. However, the surrounding
Residential Neighborhood designation anticipates housing densities that would benefit significantly from
proximate, neighborhood-serving services. Utilizing a P-1 (Institutional) zoning district establishes an
appropriate land-use balance by bridging established residential areas, natural zones, and high-activity streets.
Furthermore, the P-1 district maintains a 25% minimum tree canopy requirement, ensuring that future
development actively preserves the surrounding environmental context and maintains the core intent of the
Natural Area designation. Allowing this specific use strengthens residential connectivity along N. Old Wire
Road as it links to a major regional arterial like N. Crossover Road. This development pattern directly supports
City Plan 2040 Goal #4 and Goal #5 by growing a livable transportation network and assembling an enduring
green network through compact, complete, and connected development. Specifically, any future development
improvements on the site could offer a critical opportunity to assist in expanding and connecting the city's
active trail network. Ultimately, the proposed use will contribute to local economic activity and provide a
needed institutional service to the immediate community.
DISCUSSION:
At its June 9, 2026, meeting, the Planning Commission voted 7-1-0 to forward the request to the City Council
with a recommendation of approval. While the Commission generally raised no concerns with the proposed
zoning district, they requested that City staff address public comments from two residents regarding traffic,
water, and sewer capacities. In response, staff clarified that water service would likely be accessed from the
west side of the parcel, while sewer service would necessitate an extension from the south. Furthermore, staff
noted that street improvements will be evaluated during the large-scale development process, and a significant
institutional use could trigger a requirement for a traffic study to determine if off-site improvements are
necessary.
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2022
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-17 FOR APPROXIMATELY 3.53 ACRES LOCATED AT 3105 NORTH OLD WIRE
ROAD IN WARD 3 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE, TO P-1, INSTITUTIONAL
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 P-1, Institutional.
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: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-2022
Item ID
7/7/2026
City Council Meeting Date - Agenda Item Only
RZN-2026-0017: Rezoning (3105 N OLD WIRE RD/OWEN FAMILY TRUST, 255) Submitted by JASON APPEL for
property located at 3105 N OLD WIRE RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and contains approximately 3.53 acres. The request is to rezone the property to P-1,
INSTITUTIONAL.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
6/16/2026
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 -$
-$
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: June 8, 2026
SUBJECT: RZN-2026-0017: Rezoning (3105 N OLD WIRE RD/OWEN FAMILY
TRUST, 255) Submitted by JASON APPEL for property located at 3105 N
OLD WIRE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 3.53 acres.
The request is to rezone the property to P-1, INSTITUTIONAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0017 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2026-0017 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in northeast Fayetteville on the northwest end of the intersection of N Old
Wire Rd and E Skillern Rd. The property contains one parcel totaling 8.7 acres whilst the subject
property contains 3.53 acres which is currently zoned RSF-4, Residential Single-Family, Four
Units per Acre. The parcel is in the process of being split into two parcels (LSP-2026-0016) with
the lot sizes noted above and the subject property being towards the south end of the parcel. The
property is not subject to any overlay districts but is partially within the floodplain, floodway, and
streamside protection zone to the west. Surrounding land uses and zoning are depicted in Table
1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Residential RSF-4, Residential Single-Family, Four Units per Acre
South Residential RPZD, Residential Planned Zoning District
East Residential RSF-4, Residential Single-Family, Four Units per Acre; R-A,
Residential Agricultural
West Crossover Rd; 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 P-1, Institutional
Public Comment: Staff has received one public comment citing traffic concerns, road
infrastructure, pedestrian/cyclist safety, and streamside protection drainage concerns.
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 1 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 1 of 17
updated with PC results
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along North Old Wire Road. North Old Wire
Road is a partially improved Neighborhood Link Street with asphalt paving and
open ditches. Any street improvements required in these areas would be
determined at the time of development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Water: Public water is available to the subject property. There is an existing 6-inch water
main along North Old Wire Road and an additional 8-inch water main along North
Old Wire Road.
Sewer: Sanitary Sewer is not available to the subject property.
Drainage: While no portion of the property lies within the Hillside Hilltop Overlay District
(HHOD) and there are no known wet weather sewer capacity issues in the City’s
2025 Sewer Master Plan, the site does contain a FEMA floodplain, a protected
stream, and hydric soils that will trigger future development restrictions and
reviews. A floodplain development review will be required at the time of permit or
plan submittal to restrict flood zone impacts, which may require flood studies,
elevation certificates, or formal FEMA approval. Additionally, the property is
subject to Streamside Protection Zone regulations, creating a protected buffer that
is a minimum of 50 feet wide from the top of the stream bank, and potentially wider
based on the floodway, where buildings and parking lots are prohibited, though
trails and certain utilities are allowed. Finally, because hydric soils indicate the
potential presence of wetlands, further environmental studies are required; before
any permits can be issued, an environmental professional must submit a report
verifying the site conditions, and if wetlands are identified, a US Army Corps of
Engineers (USACE) Determination of Jurisdictional Wetlands will be required
during the development submittal process.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 0.3 miles from the fire station with an anticipated drive time
of approximately 1 minute 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 RSF-4, Residential Single-Family, Four Units per
Acre, requires 25% minimum canopy preservation. The proposed zoning district
of P-1, Institutional, requires 25% 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 and Natural
Areas.
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 2 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 2 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Residential Neighborhoods 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.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4 for this site
with a weighted score of 4.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 5, 2493 N Crossover Rd)
• Near Water Main (6” line, N Old Wire Rd and 36” line along Flynn Creek)
• Near City Park (Rocky Branch Park)
• Near Paved Trail (Niokaska Creek Trail)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed institutional development is
compatible with the existing land use pattern and complies with the intent of
the district standards. The subject property is situated along N. Old Wire
Road, which is classified as a Neighborhood Link Street designed to
transition traffic from low-volume local roads to regional arterials. This
specific street topology prioritizes pedestrian and cyclist safety by
incorporating wider greenspaces and accommodating bicycle traffic on
sidewalks rather than active drive lanes, establishing an infrastructure
network well-suited for mixed-use and community-oriented facilities. While
the immediate vicinity consists of residential zoning lots that currently lack
institutional services, the broader corridor transitions systematically into
commercial and mixed-use zones. Placing an institutional facility at this
location provides a logical land use buffer between these intensities.
Specifically, the applicant has stated their intent to establish a childcare
facility serving an estimated 100 to 300 students from the surrounding area;
while the final enrollment capacity remains subject to state licensing laws
and regulations, the core intent of the use remains unchanged. Importantly,
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 3 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 3 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
while this rezoning request explicitly evaluates the compatibility of the
proposed use on the property, any future development of the site will
mandate full compliance with city standards, including necessary roadway
dedication and infrastructure improvements along the property frontage.
Utilizing direct access to a transitional thoroughfare mitigates commercial
traffic intrusion into local neighborhood streets, while these required
development-stage improvements will ensure safe site ingress and egress.
Consequently, the request aligns with municipal policies that encourage
functional, visually enhanced institutional development along primary
transit corridors.
Land Use Plan Analysis: Staff finds that while the request is not fully
consistent with the property's Future Land Use Map designations of Natural
Area and Residential Neighborhood, it strongly aligns with the strategic
objectives of City Plan 2040. The existing Natural Area designation reflects
an intent to preserve natural landscapes, which is likely designated in
conjunction with the floodway, floodplain, and streamside protection zones
associated with Flynn Creek along the western boundary of the property.
However, the surrounding Residential Neighborhood designation
anticipates housing densities that would benefit significantly from
proximate, neighborhood-serving services. Utilizing a P-1 (Institutional)
zoning district establishes an appropriate land-use balance by bridging
established residential areas, natural zones, and high-activity streets.
Furthermore, the P-1 district maintains a 25% minimum tree canopy
requirement, ensuring that future development actively preserves the
surrounding environmental context and maintains the core intent of the
Natural Area designation. Allowing this specific use strengthens residential
connectivity along N. Old Wire Road as it links to a major regional arterial
like N. Crossover Road. This development pattern directly supports City Plan
2040 Goal #4 and Goal #5 by growing a livable transportation network and
assembling an enduring green network through compact, complete, and
connected development. Specifically, any future development
improvements on the site could offer a critical opportunity to assist in
expanding and connecting the city's active trail network. Ultimately, the
proposed use will contribute to local economic activity and provide a needed
institutional service to the immediate community.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RSF-4 to P-1 does not fully maintain the site’s agreement with
its mixed “Natural Area” and “Residential Neighborhood” designation,
however the Natural Areas are encompassed by Flynn Creek and its
surrounding flood designations.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to P-1 Institutional constitutes a shift from
residential use to public and institutional use; however, because P-1 is not a
residential district, this change will not increase residential density, but
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 4 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 4 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
rather site intensity. While the applicant currently intends to build a childcare
facility, the P-1 district broadly allows for uses such as parkways, wildlife
preserves, art galleries, museums, schools, hospitals, community centers,
etc. Any of these allowable uses would work well at this location by providing
valuable civic infrastructure, community services, or preserved open spaces
that integrate into the surrounding area without introducing dense housing.
Staff acknowledges that this shift in use will increase localized traffic
intensity compared to a standard residential subdivision, but this
intensification does not inherently present an unmanageable danger to the
street network. Comprehensive traffic mitigation, including required street
improvements, crosswalk updates, and vehicular safety measures, will be
fully evaluated through the city's standard development review process for
any permitted use. Crucially, as documented during the prior lot split review,
there is currently no public sewer access along this property frontage;
therefore, extension of and connection to the municipal sewer system
remains a mandatory prerequisite that must be resolved by the applicant
before any future development or building permits can be approved on the
site.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 to P-1 would increase the potential
population at the site through intensity and not density, but staff does not
find that it would be to an undesirable degree given typical school hours;
staff finds that given the City’s growth and moderate infill score, this
rezoning would be an incremental step in providing more community
services.
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: Approval of the requested rezoning to an institutional district will introduce
a higher intensity of land use, resulting in increased traffic generation and
localized congestion at the intersection of N. Old Wire Road and W. Skillern
Road. While the potential for higher intensity and vehicular volume
represents a notable change from the existing single-family residential
pattern, these impacts are insufficient to warrant denial of the request.
Because a rezoning application is evaluated on the broad compatibility of
the proposed district and its allowable uses, detailed mitigation of these
infrastructure demands is deferred to the development review phase.
Consequently, mandatory street improvements and the expansion of City
sewer services will be evaluated for any future site development.
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 5 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 5 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
RECOMMENDATION: Planning staff recommends forwarding RZN-2026-0017 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: June 8, 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 §161.32 District P-1, Institutional
o §163.05 Child Care; Nursery School
• Staff Exhibits
o Long-Range Planning Memo
• Applicant Exhibits
o Request Letter
• Public Comment
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 6 of 17
Cabe
Werner
7-1-0
with rec. of approval
Commissioner Brewer voted in denial. Discussion was made from Commissioner Werner who
inquired about water and sewer access to the property. City Engineer, Justin Bland, clarified
the current conditions for water access to the west side of the parcel with a sewer line
extension to be recommended by City staff from the south in concurrence to LSP-2026-0016.
Additional clarification from Mr. Bland noted a traffic study and street improvements to be
addressed with development review as per City code.
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
OLD WIRE RD
S K ILLERN RD
CROSSOVER
RD
CROSSOVERRD
OAK
BAILEY
DR
R-O
RPZD
RMF-24
R-ARSF-4
P-1
CS
RI-12
NC
Regional Link
Neighborhood Link
Unclassified
Residential Link
Planned Neighborhood Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2026-0017 3105 N OLD WIRE RD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 7 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 7 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Niok
a
s
k
a
C
r
e
e
k
Conn
e
c
t
o
r
Nio
k
a
s
k
a
Cre
e
k
T
r
a
i
l
Ni
o
k
a
s
k
a
C
r
e
e
k
Co
n
n
e
c
t
o
r
NiokaskaCreek
Connector
Proposed P-1
W A R W I C KDR
ACADIANACT
OLD WIRE RD
CROSSOVERRD
CROSSOVER
RD
SKILLERN RD
R-A
RPZD
RSF-4
P-1
Regional Link
Neighborhood Link
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0017 3105 N OLD WIRE RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
P-1
RSF-4
3.5
0.0
Total 3.5 ac1:2,400
Current
0.0
3.0
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 8 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 8 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
WARWICK DR
OLD WIRE RD
CROSSOVERRD
CROSSOVER
RD
SKILLERN RD
2025 Imagery | EagleView Technologies | Surdex Corporation
Regional Link
Neighborhood Link
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2026-0017 3105 N OLD WIRE RD N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential
Single-Family Residential
1:3,600
Single-Family Residential
Single-Family Residential
and Undeveloped
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 9 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 9 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Natural
Residential
Neighborhood
OLD WIRE RD
S K ILLERN RD
CROSSOVERRD
CROSSOVER
RD
Regional Link
Neighborhood Link
Unclassified
Residential Link
Planned Neighborhood Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2026-0017 3105 N OLD WIRE RD N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 10 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 10 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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
Two-family
dwellings
Units per acre 4 or less 7 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
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 11 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 11 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
(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)
161.32 - District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public
and religious institutions. Larger facilities and institutions may still use historical setback regulations, but public and
religious institutions may also choose to use urban form with build-to zones and minimum buildable street
frontage allowing administrative approval.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
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 12b General business
Unit 20 Commercial recreation, large sites
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
Unit 48 Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 15 feet
Front, if parking is allowed between the right -of-way
and the building
50 feet
Side None
Side, when contiguous to a residential district 15 feet
Rear 20 feet
Front 15 feet
Front, if parking is allowed between the right -of-way
and the building
50 feet
Side None
Urban Form Setback Regulations
Front A build-to zone that is located
between 10 feet and a line 25
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 12 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 12 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
feet from the front property
line
Side and rear None
Side and rear, when contiguous to
a single-family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 6 stories*
* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such
lot. Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage. 50% of the lot width.
(Ord. No. 6945, §5(Exh. D), 12-16-25)
163.05 - Child Care; Nursery School
All such establishments, other than Registered Child Care Family Homes authorized pursuant to Section 164.24 of
the Unified Development Code, shall be located on lots which:
(A) Minimum Lot Area. Contain a minimum lot area of 250 square feet per child.
(B) Minimum Outdoor Play Space. Provide a minimum outdoor play space of 75 square feet per child,
calculated on the basis of the number of children occupying the outdoor play space at one (1) time.
(C) Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more
than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer.
(Code 1965, App. A., Art. 7 (7); Ord. No. 1747, 6-29-70; Ord. No. 2604, 2-19-80; Code 1991, §160.082; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4489, 6-3-03; Ord. No. 6440, §3, 5-18-21; Ord. No. 6689, §2, 10-3-23)
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 13 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 13 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
TO: Citlali Samano, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: June 8, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0017
BACKGROUND:
The applicant requests to rezone approximately 3.53 acres of a larger 8.7 acre site from RSF-4,
Residential Single-Family to P-1, Institutional. One long range planning document is relevant
when evaluating this request: City Plan 2040.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
• Goal 1 – We will make appropriate infill and revitalization our highest priority.
• Goal 2 – We will discourage suburban sprawl.
• Goal 3 – We will make compact, complete, and connected development the standard.
On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive
plans and organized them into six primary goals. The goals were meant to focus the City’s
efforts on appropriate infill that furthers a variety of transportation options, supports the creation
of attainable housing, and limits the amount of land consumed by development on the City’s
periphery, often termed “suburban sprawl”.
DISCUSSION:
Zoning History:
The subject property was annexed into the City in 1967 (Ord. No. 1556). Then on June 29,
1970, Council enacted a new zoning map and set of districts and zoning requirements for the
city (Ord. No. 1747). This map shows the subject property as 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 in 2003.
City Plan 2040 and Future Land Use Plan:
The area is designated as “Residential Neighborhood” on the Future Land Use Map, which are
“primarily residential in nature” but also “incorporates low-intensity non-residential uses intended
to serve the surrounding neighborhoods… on corners and along connecting corridors.” The
request aligns with this designation by adding institutional uses to the portion of the property at
the northeast corner of Old Wire Rd. and N. Crossover Rd. This would maintain the potential for
complete development that offers resources and services to the surrounding neighborhood, like
schools and churches. This meets goals 1, 2, & 3 of City Plan 2040 for complete development in
areas already supported by infrastructure.
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 14 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 14 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
4iE Engineering
P.O. Box 56, Cave Springs, AR 72718 Phone: (479)381-1066 Email: ffourie@4ie.engineering
April 24, 2026
Planning Division
Development Services Building
125 West Mountain Street
Fayetteville, AR 72701
RE: Mobius Learning Academy
Rezoning Request
Fayetteville, AR
To whom this may concern:
I am writing on behalf of my client, Mobius Learning Academy, Inc. to request a Rezoning
of the southern 3.53 ac or the total 8.7 ac owned by the Owen Family Trust from RSF-4
to P-1. This will not change the zoning of the remainder of the property.
Mobius Learning Academy, Inc. is a childcare facility providing after-school care for
children. This will be a new facility with the potential of approx. 300 students. This project
would fall under Use Unit 4 as a childcare center or school.
District P-1, Institutional District is designed to protect and facilitate use of property owned
by public and religious institutions. Larger facilities and institutions may still use historical
setback regulations, but public and religious institutions may also choose to use urban
form with build-to zones and minimum buildable street frontage allowing administrative
approval. Use Unit 4, Cultural and Recreational Facilities, is a permitted use by right in the
P-1 district.
Please let me know if you have any questions.
Sincerely,
Jason Appel, P.E.
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 15 of 15
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 15 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Outlook
RE: Rezone 2026-0017
From Planning Shared <planning@fayetteville-ar.gov>
Date Fri 5/29/2026 1:34 PM
To Jennifer Peterson <brenjenpeterson@gmail.com>
Cc Samano, Citlali <csamano@fayetteville-ar.gov>
Received and CC’d the Planner.
Bliss Hyke
Development Coordinator
Development Services
City of Fayetteville, Arkansas
479.575. 8267
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
Please note that Planning is currently short-staffed and that communications and review
times may increase as a result. Please bear with us in the interim.
From: Jennifer Peterson <brenjenpeterson@gmail.com>
Sent: Friday, May 29, 2026 10:54 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Rezone 2026-0017
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.
We are writing with concerns of the rezoning of 3105 Old Wire Road. There have been
numerous attempts to develop this property without success. Currently, the traffic load is not
sustainable with the road infrastructure. Old Wire road is always backed up sometimes up to 1
mile in the mornings. Additionally, the amount of cars utilizing Old Wire/Skillern Road continues
to increase every year.
Adding any further developments, business or residential would be prohibitive to the safety of
not only commuters but the pedestrian/ bicycle crossing at Old Wire and Crossover which is
highly utilized to reach the Greenway.
Lastly, the streamside protection ordinance should be reviewed as this area has the
convergence of numerous waterways running alongside it.
Thank you for the consideration of our concerns.
Brent and Jennifer Peterson
5/29/26, 1:37 PM Mail - Samano, Citlali - Outlook
https://outlook.office.com/mail/inbox/id/AAQkAGZlNjEzOThjLWEzNjEtNDM4Mi1iNGMyLTEwZGY4MDNjNDQ0YwAQAJhibvd8v3JMmGX%2B3Z4Kr%2…1/2
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 16 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
3733 E Natchez Trace
Fayetteville AR 72703
5/29/26, 1:37 PM Mail - Samano, Citlali - Outlook
https://outlook.office.com/mail/inbox/id/AAQkAGZlNjEzOThjLWEzNjEtNDM4Mi1iNGMyLTEwZGY4MDNjNDQ0YwAQAJhibvd8v3JMmGX%2B3Z4Kr%2…2/2
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 17 of 17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E