HomeMy WebLinkAboutOrdinance 7019Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7019
File Number: 2026-2147
AN ORDINANCE TO AMEND THE DEFINITION OF A “THROUGH LOT” IN § 151.01 DEFINITIONS OF
THE UNIFIED DEVELOPMENT CODE
WHEREAS, for infill projects, through lots can present challenges to development as street frontage, access, and other
standards must be applied to an atypical condition and there are times in which access to existing or required utility
service locations can only be achieved through the creation of a through lot; and
WHEREAS, an amendment to the definition of through lot will remove the requirement for a Planning Commission
variance when lots meet the technical definition, but are only intended to make utility connections.
NOW THEREFORE, 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 repeals the definition of “through lot” in §
151.01 Definitions and enacts a new definition as follows:
“Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots abutting
two (2) streets may be referred to as double frontage lots. Lots with frontage on more than one street solely to meet
utility connection requirements shall not be considered through lots and are exempt.
PASSED and APPROVED on August 4, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
___________________________________
Courtney Spohn, Senior Deputy City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 114.00
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Page 1 of 1
151.01 Definitions
L
Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots
abutting two (2) streets may be referred to as double frontage lots. Lots with frontage on more than one street
solely to meet utility connection requirements shall not be considered through lots and are exempt.
EXHIBIT 'A"
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2147
MEETING OF AUGUST 4, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
SUBJECT: ADM-2026-0006: Administrative Item (Unified Development Code Section
155.01): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment
to Unified Development Code Section 155.01. The proposed code change would
modify the definition of a through lot such that lots with frontage on more than one
street to meet utility requirements would not be considered a through lot.
RECOMMENDATION:
City Planning Staff and the Planning Commission recommend approval of an ordinance to amend the definition
of "Through Lot" in Chapter 151 of the Unified Development Code as described in Exhibit A.
BACKGROUND:
In tandem with the delivery of the 2026 Housing Assessment, staff is bringing forward a set of ordinances to
continue to support housing production in response to current and anticipated demand. Fayetteville’s
population is currently expected to grow by up to 3,000 people or approximately 1,350 households per year
over the next 25 years, meaning current housing production levels must be maintained for the next two
decades or face the housing affordability challenges that resulted from limited supply from 2019-2024.
DISCUSSION:
To alleviate some burden on applicants, support housing production, and remove a barrier to some projects
that are otherwise complying with development requirements, staff recommends an amendment to the
definition of “through lot”, which is a non-corner lot with frontage on more than one street. Concern about urban
design outcomes with new through lots located along streets like Rupple Road led to the current standard,
which is meant to address subdivision conditions where long stretches of privacy fence would face city streets.
For infill lots however, through lots can present challenges to development as street frontage, access, and
other standards must be applied to an atypical condition. There are times where access to existing or required
utility service locations can only be achieved through the creation of a through lot. This amendment will remove
the requirement for a Planning Commission variance when lots meet the technical definition of a through lots,
but are only intended to make utility connections.
During an application process for subdivision such as a lot split, utility connections for the property or
subdivided lot are reviewed for compliance with applicable standards. Notably, utility lines are not permitted to
cross property lines and must be accessed directly from the City’s right-of-way. “Flags” or narrow lot
extensions may be necessary to convey utilities from a location along one public right-of-way to a lot that may
already have frontage on another right-of-way. Under the current definition, those required utility connections
can create a conflict. Section 166.08(E)(2) of the Unified Development Code (UDC) prohibits through lots, but
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
allows applicants to request a Planning Commission variance when site-specific issues merit consideration.
These variances can add several weeks to the process of subdividing property. Adopting the proposed, revised
definition of a through lot reduces development and zoning conflicts and can streamline the process to create
additional housing.
The proposed amendment clarifies that lots with more than one frontage created due to required utility
connections (also referred to as “flag lots”) shall not be considered through lots and would not require
additional variance approvals from the Planning Commission. The proposed amendment reduces additional
cost and time associated with a variance request for an otherwise straightforward lot subdivision, or the use of
lots that were platted prior to these established requirements. It also supports the development of smaller scale
infill housing, which often needs flexible lot configurations to meet a litany of other development requirements.
At the May 26, 2026 Planning Commission meeting, commissioners voted 8-0-0 to forward the amendment to
City Council with a recommendation of approval. No public comment was received prior to the meeting or
during the public hearing.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Strikethrough-Redline, 6. ADM-2026-0006 Planning
Commission Staff Report
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2147
AN ORDINANCE TO AMEND THE DEFINITION OF A “THROUGH LOT” IN § 151.01
DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE
WHEREAS, for infill projects, through lots can present challenges to development as street frontage,
access, and other standards must be applied to an atypical condition and there are times in which access
to existing or required utility service locations can only be achieved through the creation of a through
lot; and
WHEREAS, an amendment to the definition of through lot will remove the requirement for a Planning
Commission variance when lots meet the technical definition, but are only intended to make utility
connections.
NOW THEREFORE, 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 repeals the definition of
“through lot” in § 151.01 Definitions and enacts a new definition as follows:
“Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through
lots abutting two (2) streets may be referred to as double frontage lots. Lots with frontage on more than
one street solely to meet utility connection requirements shall not be considered through lots and are
exempt.
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
City of Fayetteville Staff Review Form
2026-2147
Item ID
7/21/2026
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Britin Bostick 6/30/2026 LONG RANGE PLANNING (634)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2026-0006: Administrative Item (Unified Development Code Section 155.01): Submitted by CITY OF
FAYETTEVILLE STAFF. The request is an amendment to Unified Development Code Section 155.01. The proposed
code change would modify the definition of a through lot such that lots with frontage on more than one street to
meet utility requirements would not be considered a through lot.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item?No Total Amended Budget $-
Expenses (Actual+Encum)$-
Available Budget $-
Does item have a direct cost?No Item Cost $-
Is a Budget Amendment attached?No Budget Amendment $-
Remaining Budget $-
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Page 1 of 1
151.01 Definitions
L
Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots
abutting two (2) streets may be referred to as double frontage lots. Lots with frontage on more than one street
solely to meet utility connection requirements shall not be considered through lots and are exempt.
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
Kylee Cole, Long Range & Preservation Planner
MEETING DATE: May 26, 2026
SUBJECT: ADM-2026-0006: Administrative Item (Unified Development Code
Section 155.01): Submitted by CITY OF FAYETTEVILLE STAFF. The
request is an amendment to Unified Development Code Section 155.01.
The proposed code change would modify the definition of a through lot
such that lots with frontage on more than one street to meet utility
requirements would not be considered a through lot.
MOTION TO FORWARD:
“I move to forward ADM-2026-0006 with a recommendation of approval.”
BACKGROUND:
In tandem with the delivery of the 2026 Housing Assessment staff is bringing forward a set of
ordinances to continue to support housing production in response to current and anticipated
demand. Fayetteville’s population is currently expected to grow by up to 3,000 people or
approximately 1,350 households per year over the next 25 years, meaning we will need to keep
housing production levels at or above current volumes for the next two decades at least, or face
deepening housing affordability challenges if supply is constrained below demand, as was the
case from 2019-2024.
DISCUSSION:
To alleviate some burden on applicants, support housing production, and remove a barrier to
some projects that are otherwise complying with development requirements, staff recommends
an amendment to the definition of “through lot”, which is a lot with frontage on more than one
street. Concern about urban design outcomes with new through lots located along streets like
Rupple Road led to the current standard, which is meant to address subdivision conditions where
long stretches of privacy fence would face city streets. For infill lots, however, through lots can
present challenges to development as street frontage, access, and other standards must be
applied to an atypical condition. There are times when utility service locations may be required
that create for the purposes of connection a “through lot”. This amendment would remove the step
of Planning Commission approval of a variance when lots are technically defined as “through lots”
but are only meeting utility requirements.
During an application process for subdivision such as a lot split, utility connections for the property
or subdivided lot are reviewed for compliance with applicable standards. Notably, utility lines are
not permitted to cross property lines and must be accessed directly from the City’s right-of-way.
“Flags” or narrow lot extensions may be necessary to convey utilities from a location along one
public right-of-way to a lot that may already have frontage on another right-of-way. Under the
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
current definition, those required utility connections can create a conflict. Section 166.08(E)(2) of
the Unified Development Code (UDC) prohibits through lots, but allows applicants to request a
Planning Commission variance when site-specific issues merit consideration. Reducing
development and zoning conflicts is one way to streamline the process to create additional
housing.
The proposed amendment clarifies that lots with more than one frontage created due to required
utility connections (also referred to as “flag lots”) shall not be considered through lots and would
not require additional variance approvals from the Planning Commission. The proposed
amendment reduces additional cost and time associated with a variance request for an otherwise
straightforward lot subdivision, or the use of lots that were platted prior to these established
requirements. It also supports the development of smaller scale infill housing, which often needs
flexible lot configurations to meet a litany of other development requirements.
PLANNING COMMISSION ACTION: Required YES
Date: May 26, 2026 ❒Tabled ❒ Forwarded ❒Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
Amended UDC 151.01 Definitions - Strikethrough
Amended UDC 151.01 Definitions - Clean
8-0-0
Castin
Cabe
X
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Page 1 of 1
151.01 Definitions
L
Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots
abutting two (2) streets may be referred to as double frontage lots. Lots with frontage on more than one street
solely to meet utility connection shall not be considered through lots and are exempt.
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465
Page 1 of 1
151.01 Definitions
L
Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots
abutting two (2) streets may be referred to as double frontage lots. Lots with frontage on more than one street
solely to meet utility connection requirements shall not be considered through lots and are exempt.
Docusign Envelope ID: E260182B-BCAF-8DEF-8374-60A383E91465