HomeMy WebLinkAboutOrdinance 7034Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7034
File Number: 2026-2920
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-23
FOR APPROXIMATELY 0.20 ACRES LOCATED AT 423 NORTH MISSION BOULEVARD 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 September 15, 2026
Approved:
Molly Rawn, Mayor
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Attest: V�'G�TY �.rG'
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FAYETTEVILLE:X=
Kara Paxton, City Clerk Treasu��,Zy" '4�:��`�
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This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 88.16
Page 1
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
RZN-2026-0023 423 N MISSION BLVD RZN-2026-0023
Close up view EXHIBIT 'A'
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Residential Link
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— — — Trail (Proposed)
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_ ! Fayetteville City Limits
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Zone Current Proposed
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RSF-4 0.2 0.0
Total 0.2 ac
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
RZN-2026-0023
Exhibit `B'
Apart of Lot Four (4) in Block Two (2), Old Block Twelve (12) in Masonic Addition to the City
of Fayetteville, Described as follows: Beginning at a point which is 128 feet East of
Southwest corner of said Lot Four (4) and running thence East 90.0 feet; thence North
110.0 feet; thence West 90.0 feet; thence South 110.0 feet to the point of beginning.
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
JPP
r ARKANSAS 2026-2920
MEETING OF SEPTEMBER 15, 2026
TO: Mayor Rawn and City Council
THROUGH: Jennifer Walker, Chief of Staff
Britin Bostick, Interim Development Services Director
Jessica Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
SUBJECT: RZN-2026-0023: Rezoning (423 N. MISSION BLVD/WARREN MISSION LLC,
485) Submitted by GENERATIONS HEALTH & WELLNESS CENTER for property
located at 423 N. MISSION BLVD. in WARD 2. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately
0.20 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 east Fayetteville at the northwest corner of the intersection of E. Lafayette St. and N.
Mission Blvd. The property contains one parcel totaling 0.20 acres which is currently zoned RSF-4, Residential
Single -Family, Four Units per Acre. It contains one single-family dwelling constructed in 1981 which is not of
historic age. The property is not part of any overlay districts, sensitive environmental areas, or historic 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 with a Bill of Assurance. A proposed bill of assurance was
provided on August 18, 2026, which self -limits the uses and density to two detached single-family homes, with
no associated accessory dwelling units. Further, the applicant adds a sunset restriction tied to the presence of
the adjacent property owners, William and Mary Butt. Staff does not typically see Bills of Assurance include a
sunset clause.
Public Comment: Two members of the public expressed concerns about the proposed rezoning, citing the
historic nature of the existing neighborhood, large existing homes, visibility concerns of a structure located
closer to the street, decreased property values, the addition of rental units and maintenance concerns
associated with renters, and traffic safety.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The property is
located at the intersection of two neighborhood link streets and is directly across from a large cluster of higher
intensity zoning ranging from multifamily zoning districts such as RMF-6 and RMF-24 to the mixed -use district
Neighborhood Services, General (NS-G) to three acres of 1-1, Heavy Commercial and Light Industrial.
Additionally, while the parcel is located within a large area of single-family zoning, staff finds that there are high
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
numbers of existing nonconforming lots and uses within the immediate vicinity. The vast majority of the lots
within the blocks immediately adjacent to the subject do not meet bulk and area standards of the existing RSF-
4 zoning, with many having lot widths of about 50 feet. There are several two-family dwellings and accessory
dwelling units in the area, and many structures are built within 20'-30' of the existing ROW which is consistent
with the build -to -zone standard in RI-U. Accordingly, staff finds that RI-U is consistent with the historic
development pattern of the area and that the rezoning is not likely to facilitate development which is
inconsistent with the neighborhood at large.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future
Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential
Neighborhood Area, which recommends a wide variety of housing types of appropriate scale and context,
including single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Rezoning to RI-U
would permit additional housing types without permitting multifamily structures which could be out of scale with
the surroundings. The infill score for this parcel is moderate with a weighted score of 8, indicating the property
could likely support a wider range of uses than strictly single-family with an incremental increase in density.
RSF-4 and RI-U have similar conditional uses available, including limited commercial options, which would
require additional planning commission approvals. Staff finds that the request aligns with goals 1, 2, and 6 of
City Plan 2040 by creating opportunities for denser development in an area that is already served by
infrastructure.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The
following elements of the matrix contribute to the score:
1. Adequate Fire Response (Station 1, 303 W. Center St.)
2. Near Sewer Main (6", E. Lafayette St. and N. Mission Blvd.)
3. Near Water Main (8", E. Lafayette St 1 6", N. Mission Blvd.)
4. Near Grocery Store (Ozark Natural Foods)
5. Near City Park (Saint Joseph Park)
6. Near Paved Trail (E. Lafayette St, Marked Shared Roadway)
7. Near ORT Bus Stop (Lafayette and College)
8. Sufficient Intersection Density
DISCUSSION:
At the August 24, 2026, Planning Commission meeting, a vote of 5-1-0 forwarded the request to City Council
with a recommendation of approval excluding the proposed Bill of Assurance. Commissioner Gulley motioned,
and Commissioner McGetrick seconded. The city attorney's office noted that the proposed sunset clause of the
Bill of Assurance would be unenforceable by the city. The applicant confirmed a separate agreement with
similar restrictions had been signed with his neighbors earlier that day, and multiple commissioners stated that
this private agreement was a more appropriate location for these restrictions than restrictions that would run
with the land. Commissioner Brewer expressed hesitation about the rezoning since staff had not yet reviewed
the lot split it was intended to enable. No members of the public spoke on the request.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2026-2920
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-23 FOR APPROXIMATELY 0.20 ACRES LOCATED AT 423 NORTH MISSION
BOULEVARD 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.
Page 1
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
City of Fayetteville Staff Review Form
2026-2920
Item ID
9/15/2026
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 8/26/2026 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2026-0023: Rezoning (423 N. MISSION BLVD/WARREN MISSION LLC, 485) Submitted by GENERATIONS HEALTH
& WELLNESS CENTER for property located at 423 N. MISSION BLVD. in WARD 2. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.20 acres. The request is to
rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$ -
fi
Previous Ordinance or Resolution #
Approval Date:
V20221130
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
CITY OF
FAYETTEVILLE
V1044 ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
MEETING DATE: August 24, 2026 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2026-0023: Rezoning (423 N. MISSION BLVD/WARREN MISSION
LLC, 485) Submitted by GENERATIONS HEALTH & WELLNESS
CENTER for property located at 423 N. MISSION BLVD. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE
and contains approximately 0.20 acres. The request is to rezone the
property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0023 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward RZN-2026-0023 to City Council with a recommendation of approval."
JULY 12, AND JULY 27, 2026, PLANNING COMMISSION MEETING:
At the July 12 and July 27, 2026, Planning Commission meetings, the Planning Commission voted
to table the project to provide additional time for the applicant to coordinate with adjacent property
owners. A proposed bill of assurance was provided on August 18, 2026 which self -limits the uses
and density to two detached single-family homes, with no associated accessory dwelling units.
Further, the applicant adds a sunset restriction tied to the presence of the adjacent property
owners, William and Mary Butt. Staff does not typically see Bills of Assurance include a sunset
clause.
BACKGROUND:
The subject property is in east Fayetteville at the northwest corner of the intersection of E.
Lafayette St. and N. Mission Blvd. The property contains one parcel totaling 0.20 acres which is
currently zoned RSF-4, Residential Single -Family, Four Units per Acre. It contains one single-
family dwelling constructed in 1981 which is not of historic age. The property is not part of any
overlay districts, sensitive environmental areas, or historic districts. Surrounding land uses and
zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single Famil
RSF-4 Residential, Single -Family, Four Units per Acre
South
Single -Family
RSF-4 Residential, Single -Family, Four Units per Acre
East
Single -Family
RMF-6 Residential, Multifamily, Six Units per Acre
West
Single -Family
RSF-4 Residential, Single -Family, Four Units per Acre
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Paqe 1 of 28
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
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 with a Bill of Assurance as indicated
above.
Public Comment: Two members of the public expressed concerns about the proposed rezoning,
citing the historic nature of the existing neighborhood, large existing homes, visibility concerns of
a structure located closer to the street, decreased property values, the addition of rental units and
maintenance concerns associated with renters, and traffic safety.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along E. Lafayette St. and N. Mission Blvd., both
fully improved Neighborhood Links with asphalt paving, sidewalk and curb & gutter.
Any street improvements required in these areas would be determined at the time
of development proposal.
Water: Public water is available to the subject area. There is an existing 6-inch main along
E. Lafayette St. and N. Mission Blvd.
Sewer: Sanitary sewer is available to the subject area. There is an existing 8-inch main
along E. Lafayette St. and an existing 6-inch main along N. Mission Blvd. There
are known wet weather sewer capacity issues identified in the City's 2025 Sewer
Master Plan that appear in the system directly north of the subject property.
Drainage: No protected streams, hydric soils, or FEMA Floodplain are present in the subject
area, and the property is not part of the Hillside -Hilltop Overlay District. Any
drainage improvements required would be determined at the time of development
proposal.
Fire: Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 1.2 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 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 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.
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
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Paqe 2 of 28
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
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 8 for this site
with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 1, 303 W. Center St.)
• Near Sewer Main (6", E. Lafayette St. and N. Mission Blvd.)
• Near Water Main (8", E. Lafayette St 1 6", N. Mission Blvd.)
• Near Grocery Store (Ozark Natural Foods)
• Near City Park (Saint Joseph Park)
• Near Paved Trail (E. Lafayette St, Marked Shared Roadway)
• Near ORT Bus Stop (Lafayette and College)
• Sufficient Intersection Density
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. The property is located at the intersection of two
neighborhood link streets and is directly across from a large cluster of
higher intensity zoning ranging from multifamily zoning districts such as
RMF-6 and RMF-24 to the mixed -use district Neighborhood Services, General
(NS-G) to three acres of 1-1, Heavy Commercial and Light Industrial.
Additionally, while the parcel is located within a large area of single-family
zoning, staff finds that there are high numbers of existing nonconforming
lots and uses within the immediate vicinity. The vast majority of the lots
within the blocks immediately adjacent to the subject do not meet bulk and
area standards of the existing RSF-4 zoning, with many having lot widths of
about 50 feet. There are extensive two-family dwellings and accessory
dwelling units in the area, and many structures are built within 20'-30' of the
existing ROW which is consistent with the build -to -zone standard in RI-U.
Accordingly, staff finds that RI-U is consistent with the historic development
pattern of the area and that the rezoning is not likely to facilitate development
which is visually inconsistent with the neighborhood at large.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as a Residential Neighborhood
Area, which recommends a wide variety of housing types of appropriate
scale and context, including single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Rezoning to RI-U would permit additional
housing types without permitting multifamily structures which could be out
of scale with the surroundings. The infill score for this parcel is moderate
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Paqe 3 of 28
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD
with a weighted score of 8, indicating the property could likely support a
wider range of uses than strictly single-family with an incremental increase
in density. RSF-4 and RI-U have similar conditional uses available, including
limited commercial options, which would require additional planning
commission approvals. Staff finds that the request aligns with goals 1, 2, and
6 of City Plan 2040 by creating opportunities for denser development in an
area that is already served by infrastructure.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed zoning is justified at this time. A rezoning to RI-U
would establish more flexible allowances for creative redevelopment of the
subject property that could ultimately enable homeownership of smaller,
more attainable dwelling units in an area of town with a relatively high
concentration of services, amenities, and employment opportunities. A
redevelopment of the land under existing entitlements would have less
flexibility, likely resulting in increased impact and costs, and could increase
the likelihood of the existing home being demolished.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning of RSF-4 to RI-U would not likely create or
appreciably increase traffic danger or congestion given the property's
location along a major corridor. While the property is adjacent to an offset
intersection, any development or subdivision of land would be subject to the
city's access management standards including separation between
driveways and intersections. Additionally, staff finds that single-family
homes are subject to less stringent access management standards. RI-U
does not have a stated density limit; however, the relatively small size of the
parcel, parking, drainage, tree preservation, and other city standards are
likely to limit development potential for 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 RI-U has the potential to alter the
population density of the area, though staff finds not likely to an undesirable
degree. RSF-4 has a stated residential density maximum of four units per
acre, while RI-U has no stated density limitation. However, given the
presence of existing public infrastructure and proximity to nonresidential
services such as grocery stores, transit and parks, staff finds that the
proposed rezoning is not likely to increase the load on public services to an
undesirable degree. While there are known wet weather sewer capacity
issues that appear in the adjacent system, the relatively small size of the
property is also likely to naturally limit development capacity. 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
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Paqe 4 of 28
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
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-2026-0023 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required: YES
Date: August 24, 2026 O Tabled ® Forwarded O Denied
Motion: GULLEY I move to forward RZN-2026-0023 to City Council with a recommendation of
approval, excluding the proposed Bill of Assurance.
$eCOnd: MCGETRICK
Ote: 5-1-0 (BREWER OPPOSED)
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 §161.12 District RI-U, Urban Thoroughfare
• Staff Exhibits
o Long -Range Planning Memo
• Applicant Exhibits
o Request Letter
o Bill of Assurance
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Paqe 5 of 28
Docusign Envelope ID:4119F2C6-911F-8E7A-8147-A511541E8EFD
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annlnq Uornmission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Paqe 6 of 28
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
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August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
Pace 7 of 28
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
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Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
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annlnq Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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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 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(C) Density.
Single-family
dwellings
Units per acre
4 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square
feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square
District Lot
feet
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front
Side
Rear
15 feet
5 feet
15 feet
(F) Building Height Regulations.
Building Height Maximum 13 stories
Planning Commission
August 24, 2026
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(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.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-
06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord.
No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A),
11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset
Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause),
and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all
amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be
repealed and become void on November 30, 2025 unless prior to that time and date the City Council
amends this ordinance to repeal or further amend this sunset, repeal and termination section.
161.12 District RI-U, Residential Intermediate — Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a range of housing types
compatible in scale with single-family homes and to encourage a diversity of housing types to meet
demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three- and four -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit
12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 48
Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
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Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front
Side Other
Side
Rear
Rear, from
Uses
Single &
Other
centerline
Two-family
Uses
of an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the
front property, line and a
line 25 feet from the
front property line.
(F) Building Height Regulations.
Building height maximum 12 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property
line or any master street plan right-of-way line shall have a maximum height of two (2) stories.
Buildings or portions of the building setback greater than 10 feet from the master street plan right-of-
way shall have a maximum height of three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 6945, §5(Exh. D), 12-16-25)
Planning Commission
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CITY OF
FAYETTEVILLE
ARKANSAS
TO: Donna Wonsower, Senior Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE:
SUBJECT:
BACKGROUND:
July 13, 2026
STAFF MEMO
Long Range Planning Comments Regarding RZN-2026-0023
The applicant requests to rezone approximately 0.20 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
Pass an ordinance to allow for the review of proposed demolitions
Ordinance
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
Publish information about historic preservation reviews and
Engagement:
demolitions of historic properties to increase transparency.
Transparency
Planning Commission
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DISCUSSION:
Zoning History:
This property was included in the original town plat (1870). 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 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 in 2003.
City Plan 2040 and Future Land Use Plan:
This area is designated as a Residential Neighborhood area, which are "primarily residential in
nature and support a wide variety of housing types of appropriate scale and context." This land
use designation also encourages the incorporation of low -intensity non-residential uses intended
to serve the surrounding neighborhood, such as retail or offices.' The request aligns with this
designation by diversifying the housing types permitted beyond single-family by right and allowing
additional residential types and some limited business uses by conditional use. The request aligns
with goals 1, 2, and 6 of City Plan 2040 by creating opportunities for denser development in an
area that is already served by infrastructure.
Property History:
The subject property contains a single-family dwelling constructed ca. 1981, according to
Washington County Tax Assessor records. The property is not of historic age and ineligible for
inclusion on the National Register of Historic Places.
City Plan 2040, 128.
Planning Commission
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BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of my request for a zoning reclassification of RI-U
and lot split for the following property: 423 North Mission, Assessor's tax parcel # 765-07916-
000 I, as the owner of this property, Warren Mission, LLC as owned by Dennis Warren and
Amanda Warren, members (hereinafter called "Petitioner") hereby voluntarily offer this Bill of
Assurance and enter into this binding agreement and contract with the City of Fayetteville,
Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County
and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of
this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been
done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon
all of the terms and conditions within this Bill of Assurance in considering whether to approve
Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's requested rezoning is approved by the
Fayetteville City Council:
1. The area proposed to be rezoned to RI-U shall be limited to the following Permitted
Uses:
Development and use shall be limited to a total of two (2), detached, single family
dwellings on the entire tract, which may not be improved further with any Accessory
Dwelling Units ("ADU") but maybe used for short-term rental purposes subject to
any City of Fayetteville requirements or restrictions. ;
2. The limitations under paragraph 1 shall terminate upon the earlier of i) neither William
Jackson Butt II nor Mary Anne Butt occupying 526 East Lafayette (the adjacent
property) as his or her principal residence for a continuous period of six (6) months,
excluding temporary absences for medical care, travel or similar purposes or (ii) the
transfer of 526 E. Lafayette to any third party, other than to a revocable trust established
for the benefit of either William Jackson Butt II nor Mary Anne Butt . Upon termination
of this limitation pursuant to this Paragraph 2, the William Jackson Butt II and Mary
Anne Butt or their respective personal representatives, heirs, successors and assigns shall
execute and record a release of this Bill of Assurance limitation within thirty (30) days
after such termination. If such Release of Covenants is not so executed and recorded
within such thirty (30) day period, the Petitioner or its successors and assigns may record
an affidavit of termination. The affidavit of termination shall be conclusive evidence of
termination, absent a court order to the contrary, provided before filing such affidavit,
Petitioner shall provide William Jackson Butt R or Mary Anne Butt, their personal
representatives, or their heirs, successors or assigns in title thirty (30) days' prior to
recording, notice of the intent to record with a copy of the proposed affidavit.
Planning Commission
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Terms used herein shall be defined as in the Fayetteville Unified Development Code in effect as
of this date. Petitioner specifically agrees that all such restrictions and terms shall run
with the land and bind all future owners unless and until specifically released as provided h
herein or by Ordinance of the Fayetteville City Council. This Bill of Assurance shall be
filed for record in the Washington County Circuit Clerk's Office as part of the rezoning
ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any
Final Plat, Large Scale Development, or other development approval which includes some or all
of Petitioner's property affected by the rezoning.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, We Dennis and Amanda Warren, sole members and owners of Warren Mission,
LLC voluntarily offer all such assurances and sign my name below.
Warren Mission, LLC
Dennis Warren, Member Amanda Warren, Member
Date Date
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this, the day of , 2026, before me, the undersigned notary,
personally appeared Dennis Warren and Amanda Warren, known to me (or satisfactorily proven)
to be the persons whose name are subscribed to the above and, after being placed upon their
oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed
with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have
their property rezoned as requested.
My Commission Expires:
NOTARY PUBLIC
Planning Commission
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i
Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD l
WARRANTY DEED
Single Person
KNOW ALL MEN BY THESE PRESENTS:
That ------Thomas 011ie Faulkner, a single
person---------------------------------------
for and inconsideration of the sum of OnO Dollar ($1. 00) and
other good and valuable consideration -------
tome in hand paid by William Jackson
Butt, II and Mary Anne Butt, husband and wife
do hereby grant, bargain and sell unto the said William Jackson
Butt, II and Mary Anne Butt, husband and wife
and unto their -------------------------------
heirs and assigns, the following described land, situate in
----Washington------- County, State of Arkansas, to -wit:
FILE O FOR RECORD
1981 DEC -4 PM 2: 55
ViA ALMA KOLLOMEYERARK.
CIRCUIT CLERK
Do not write In this space
G f-I 9O Aw. .
A part of Lots Four (4) and Five (5) in Block Two (2) Old Block
Twelve (12) in the Masonic Addition to the City of Fayetteville,
described as follows: Beginning at a point which is 14 feet East
of the Southwest corner of said Lot Four (4) and running thence
East 114 feet; thence North 220 feet; thence West 114.0 feet;
thence South 220.0 feet, to the point of beginning.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said William Jackson Butt,
II and Mary Anne Butt, husband and wife, and unto their ---------------
and assigns, forever. And I the said Thomas 011ie Faulkner, a single person----------
herebycovenant that ---I am--------- lawfully seized of said land and premises; that the same is unincumbered, and
will forever warrant and defend the title to the said lands against all legal claims tever.
.WITNESS my hand and seal on this -- ---- f� mbe 19 81,
(Seal)
omas le
au ner, a sing e
person (Seal)
(Seal)
ACKNOWLEDGMENT
STATE OF ARKANSAS ) =1052 C 0n
ss. ttff J y
County of WASHINGTON ),'
BE IT REMEMQ#REb:That1n thas.day came before the undersigned, a notary public
C. " within and for the Count aforesaid, dui commissioned and actin
-----Thoriq:s 6 e:1 Faulkner, a single person -------y------- duly
me well known as t)1b Graiitor f 1A the foregoing Deed, and stated that he had executed the same for the consideration and
purposes therein Motioned and setforth.
Witness my hand and seal a�1 tech notary public this ---30th--------- \ day of
------NoVEittber----------- 1981
My Commission expires
2-18-83
nning Commission
ARY PUBLIC August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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11AGREEMENT FOR REAL PROPERTY COVENANTS
This Agreement for Real Property Covenants ("Agreement") is made and entered effective this
day of August, 2026 by and between Warren Mission, LLC, an Arkansas limited liability company
("Owner") , and it members, Dennis Warren and Amanda Warren, husband and wife, who joint this
agreement for the limited purpose of warranting tehir Ownerhip of Owner and authority to bind the
Owner hereto; and William Jackson Butt H Mary Anne Butt, husband and wife (collectively, jointly and
severally herein "Neighbors").
RECITALS
A. Owner and Owner's Property: Owner owns a certain tract of land in Fayetteville,
Arkansas, known as 423 North Mission Boulevard and identified on the Washington County Assessor's
rolls as parcel #765-07916-000, composed of approximately two -tenths (2/10) acre, and more
specifically described as:
A part of Lot Four (4) in Block Two (2), Old Block Twelve (12) in Masonic Addition to the City
of Fayetteville, Described as follows: Beginning at a point which is 128 feet East of the
Southwest corner of said Lot Four (4) and running thence East 90.0 feet; thence North 110.0 feet;
thence West 90.0 feet; thence South 110.0 feet to the point of beginning.'
It is zoned RSF-4 (Residential single-family dwellings 4 per acre) and consistent with that zoning
presently improved with a single-family dwelling comprised of approximately 832 square feet of living
space and an attached, enclosed garage of approximately 312 square feet, the dwelling presently being
used by Owner as a rental unit ("Owner's Property').
B. Neighbors and Neighbors' Property: Neighbors own a certain tract of land in Fayetteville,
Arkansas known as 526 East Lafayette Street and identified on the Washington County Assessor's rolls
as parce 1 #765-0792-000, composed of approximately one half (1/2) acre, also zoned RSF-4 and
consistent with that zoning is presently improved with a single family dwelling composed of
approximately 4,000 square feet of living space, the dwelling having been used by the Neighbors for
approximately 45 years to the present as their personal residence. ("Neighbors Property"). The legal
description of Neighbors' Property is attached hereto as Exhibit A.
C. Adjacent Boundaries: The entire 110 foot western boundary of Owner's property is part of
the Neighbors' eastern boundary, the parties' described properties having a 110 foot adjoining boundary.
D. Basis for Agreement:
1) Owner's Position: Owner desires to split Owner's Property into two, separate, legal
tracts, to separately improve the unimproved part of Owner's Property with one, detached, additional,
single family dwelling unit with segregated utilities, separate financing, separately leased, and capacity
to be separately sold from the existing single dwelling unit on Owner's Property. While the Fayetteville
Development Code allows additional Accessory Dwelling Units within RSF-4 zoning, those cannot be
Agreement for Real Property Covenants: Warren/Butt Page 1 of 5
Planning Commission
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separately financed, metered, or conveyed and are deemed by Owner an unsuitable resolution.
Fayetteville's Development Code precludes such a lot split in RSF-4 zoning because Owner's Property
is too small to qualify for further split. However, a lot split may be approved if Owner's Property is re-
zoned to RI-U (Residential Intermediate -Urban). Besides allowing such a lot split, RI-U zoning provides
substantially enlarged rights to the property owner including more dwelling units per tract. However,
Owner does not presently seek to develop on the entirety of Owner's Property, anything more or
different than two, detached, single-family dwellings.
2) Neighbors' Position: Neighbors do not oppose the proposed lot split, and the
development of Owner's Property with a total of two, detached, single family dwellings, but due to the
potential within RI-U zoning for multi -family dwellings, and more than two, detached single- family
dwellings on Owner's Property, Neighbors do oppose the resulting density of potential development of
the Owner's Property with anything more or different than two, detached, single-family dwellings.
Neighbors have the right to oppose the discretionary decisions of the City of Fayetteville to re -zone
Owner's Property to RI-U, and the related lot split, including appeal through the courts.
3) Compromise: The parties have thus agreed that Neighbors will not oppose Owner's
request to re -zone Owner' Property to RI-U, and the subsequent division by lot split of Owner's Property
into two, separate parcels, provided Owner enters this Agreement, with the covenants herein running
with the land and being manifested in a Bill of Assurance recorded with the City of Fayetteville and
Washington County restricting Owner's Property and the resulting tracts so that no more than two,
detached, single-family residences may be constructed on the resulting parcels in the aggregate,
notwithstanding any greater density otherwise pemritted under RI-U zoning. Nothing herein otherwise
shall be construed to require any limitations on development or use of Owner's Property consistent with
RI-U zoning or use and the limitations of this Agreement. This limitation on use shall apply only so long
as the Neighbors or either of them reside in Neighbors' Property.
TERMS AND CONDITIONS
Therefore, in consideration of the Recitals above, and the Terms and Conditions below which are
acknowledged by the parties to constitute full and valuable consideration for the covenants herein, the
parties agree:
1. No Opposition to Pending or Subsequent Application for Rezoning to RI-U: Upon and
after the signing of the Agreement and signing and submitting with Owner's requests to the City, the Bill
of Assurance herein as an essential and non-waivable condition of Owner's applications, Neighbors
shall withdraw and make no further objection to 1) Owner's application to the City of Fayetteville to re-
zone Owner's Property to RI-U; b) Split Owner's Property into two, separate, legal parcels, nor c)
Owner's use of Owner's Property consistent with RI-U zoning, provided such use and development is
limited to a total of two, detached, single-family residences.
2. Owner' Covenants:
a) Owner shall not, so long as either of Neighbors reside in Neighbors' Property, seek,
permit or effect any further re -zoning, use, conditional use, or subdivision of Owner' Property beyond
the single lot split and development with two, detached, single-family dwellings contemplated in this
Agreement for Real Property Covenants: Warren/Butt Page 2 of 5
Planning Commission
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Agreement. Beyond the two, detached, single-family dwellings contemplated herein, Owner shall not
further develop Owner's Property with any Accessory Dwelling Units (ADU) as those are defined, and
even though otherwise permitted, in the Fayetteville Code.
b) Nothing contained in this Agreement shall prohibit Owner or its successors and assigns
from seeking or obtaining approval for reasonable modifications to building locations, setbacks, lot
dimensions, utility easements, drainage facilities, grading, driveways, landscaping, or other site
improvements required or approved by or consistent with applicable governmental regulations, provided
that no such modifications shall result in the construction or use as such, of only two, detached, single-
family dwellings on Owner's Property.
c) Notwithstanding the foregoing, nothing herein shall prohibit Owner from seeking or
obtaining variances, administrative approvals, easements utility relocations, drainage improvements,
financing -related approvals or other governmental approvals reasonably necessary to construct, maintain,
improve, repair, refinance or other wise support the development and use of Owner's Property with two,
detached, single-family dwellings used as such in an RI-U zone.
d) Nothing contained in this Agreement shall prohibit Owner or its successors and assigns
from utilizing a single family dwelling on Owner Proerty for short-term rental purposes, subject to any
City of Fayetteville rRequirements or restrictions.
3. Covenants to Run With the Land: The Owner's covenants herein shall run with the land and
be binding upon the land as well as upon the Owner, and the Owner's heirs, successors and assigns, and
shall be supported in any application for re -zoning or lot split by the attached Bill of Assurance (Exhibit
B) which must be accepted by the City of Fayetteville as a condition to the enforceability of this
Agreement.
4. Term: This Agreement shall terminate upon the earlier of i) neither William Jackson Butt II
nor Mary Anne Butt occupying the Neighbors' Property as his or her principal residence for a continuous
period of six (6) months, excluding temporary absences for medical care, travel or similar purposes or
(ii) the transfer of the Neighbor's Property to any third party, other than to a revocable trust established
for the benefit of either Neighbor. Upon termination of this Agreement pursuant to this Paragraph 4, the
Neighbors shall execute and record a release of Covenants within thirty (30) days after such termination.
If the Neighbors do not execute and record a Release of Covenants within such thirty (30) day period,
the Owner or its successors and assigns may record an affidavit of termination. The affidavit of
termination shall be conclusive evidence of termination, absent a court order to the contrary, provided
before filing such affidavit, Owner shall provide Neighbors, their personal representatives, or their heirs,
successors or assigns in title thirty (30) days' prior to recording, notice of the intent to record with a
copy of the proposed affidavit. The termination provisions shall inure to the benefit of Owner's heirs,
successors and assigns.
5. Administrative Provisions: This Agreement constitutes the entire agreement between the
parties as to the subject matter hereof and all prior negotiations, representations, and communications
pretaining hereto are merged herein. All references herein to zoning or development provisions are to the
Unified Development Code of Fayetteville and references therein. In the event the Unified Development
Code revises the provisions of RI-U zoning during the term of this Agreement, the terms applicable at
Agreement for Real Property Covenants: Warren/Butt Page 3 of 5
Planning Commission
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the execution hereof shall apply. These covenants may be enforced by Neighbors by an action at law or
equity, and in the event of dispute between the parties as to the interpretation, application, or
enforcement hereof the prevailing party shall be entitled to recover their reasonable costs of such
resolution, including reasonable attorneys' fees. Dennis Warren and Amanda Warren join this
Agreement solely to hereby warrant that they are the sole owners and members of, and are duly
qualified to represent and bind, Warren Mission, LLC hereto.
6. Remedies: The parties acknowledge that the primary remedy for any alleged violation of this
Agreement shall be injunctive or declaratory relief. Neither parry shall be entitled to consequential,
special, punitive, or speculative damages arising from any alleged breach.
In witness whereof, the parties have caused this Agreement to be signed effective the date first set forth
above:
William Jackson Butt II Dennis Warren, individually and for
WarrenMission, LLC
Mary Anne Butt Amanda Warren, individually andfor Warren
Mission, LLC
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public within and
for the State and County aforesaid, duly commissioned and acting William Jackson Butt II and Mary Anne
Butt, to me well known, and stated that they had executed the above and foregoing instrument for the
consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal this day of August, 2026.
Notary Public
My Commission Expires:
Agreementfor Real Property Covenants: Warren/Butt Page 4 of 5
Planning Commission
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public within and
for the State and County aforesaid, duly commissioned and acting Dennis Warrent and Amanda Warren,
to me well known, and stated that they had executed the above and foregoing instrument for the
consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal this day of August, 2026.
Notary Public
My Commission Expires:
Agreement for Real Property Covenants: Warren/Butt Page 5 of 5
Planning Commission
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Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
Date: 5/27/26
To: City Planning Staff and Planning Commission
RE: Lot Split / Rezone Request — 423 North Mission Blvd, Fayetteville, AR 72701. From Rsf-4
to RI-U
To Whom It May Concern,
We are requesting approval for a lot split and/or rezoning consideration for the property located
at:
423 North Mission Blvd
Fayetteville, AR 72701
The rezoning would be from Rsf-4 to r i-u, a residential only district.
The property has previously received approval from the City for the construction of an
Accessory Dwelling Unit (ADU). This request is intended to allow the existing approved
residential use to be organized into separate lots for improved utility management, tax
assessment, maintenance responsibilities, and long-term property administration.
The proposed lot split would allow:
• Separate utility services and meters
• Separate property tax assessments
• Independent property maintenance and management
• Improved clarity for future ownership and financing
The request does not substantially increase residential density beyond what has already been
approved through the ADU process. The intent is to create a cleaner and more functional long-
term property arrangement while maintaining compatibility with the surrounding neighborhood.
We are committed to maintaining the quality and character of the property and supporting
responsible residential development within Fayetteville.
Thank you for your consideration.
Sincerely,
Dennis Warren and Amanda Warren
[479-283-6462]
[gcwc. drdenny@gmail. com]
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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Wonsower, Donna
From:
Jack Butt <jbutt@dbtcfirm.com>
Sent:
Monday, August 17, 2026 4:51 PM
To:
Wonsower, Donna
Cc:
Dennis Warren, DC, CCWP
Subject:
RE:423 N. Mission
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.
Donna, I am working with Denny Warren on an Agreement and related Bill of Assurance which is very close to
finalized which would be submitted as part of his application to be heard on August 24. How late can that be
submitted and still be considered at the August 24 meeting? Thanks, Jack
D"is, BUTT.
TAY LO R &
CLARK, PLC
WILLIAM JACKSON BUTT II
DAVIS, BUTT, TAYLOR
& CLARK, PLC
75 N. East Avenue, Suite 402
P.O. Box 1224
Fayetteville, AR 72702-1224
(479) 521-7600
(479) 521-7661 (fax)
www.dbtcfirm.com
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
Wonsower, Donna
From:
Jack Butt <jbutt@dbtcfirm.com>
Sent:
Monday, July 13, 2026 10:49 AM
To:
Wonsower, Donna
Cc:
gcwc.drdenny@gmail.com; Anne Butt
Subject:
423 E. Mission Petition for Rezoning
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.
Donna, thanks for your time and help last week understanding the zoning process and considerations. Denny
Warren and I have been visiting regarding his Petition for Lot Split which has become a Petition for Rezoning
on his rental property which abuts my residence. Denny and I have agreed to ask the Planning Commission to
table the pending request this evening, while we work on a mutually acceptable outcome and this is my formal
request for such tabling. He should be calling you today to mirror my request for tabling and has some
questions for you.
We need your help, please.
The Warrens want to build a second, one -family residential structure on their 2/10 acre lot. The ADU
provisions don't work for them because 1) Banks are unwilling to finance ADU"s as a separate loan transaction;
2) the utilities cannot be separately metered for the separately tenanted ADU; and 3) they cannot sell the two
dwellings separately. As I understand it from Denny Warren, this compelled their request for a lot split. And
all they really want is a lot split to allow a single, additional dwelling unit on the split lot. And we as the
owners/occupants of the neighboring residential lot have no objection to this.
You have advised both of us that because of the size of the lot (2/10 acre), even though legally it may have two,
ADU's added, it cannot be split and the only way to split it is to rezone it to RI-U, and then request the
split. That creates an entirely different set of regulations and dynamics from its existing zoning; differences
which the Warrens don't need or want, and which I as the abutting neighbor strongly oppose. If I understand the
Development Code correctly, those differences include these: zero lot line setbacks for structures (presently
subject to both front, side and rear setbacks); development with structures covering up to 60% by area of the
Lot (even with a second residence on this lot with footprint identical to the existing residence, the developed
area would be only 30%); shrinkage of the minimum lot size from 50' street frontage to 18% the number of
residential units from 3 (including two ADU'S) to the maximum number of apartment units which can be
squeezed onto a zero setback lot — 8? 10? 12?; the number of non -family members who can occupy a unit
increases from three to four; the number and type of commercial activities that can occupy the premises
increased from zero to a wide range of commercial office and activities, including offices, retail and service
operations, eating places, and childcare facilities. These all result in a huge increase in density of structures,
people and activities in what is presently a well -established RS-4 neighborhood zone.
Again, the Warren's don't need or want aM of those vastly expanded criteria and have assured me that
personally, they would not seek development of the lot to any of those ends. The stated purpose of RI-U zoning
is to protect existing residential neighborhoods and their existing structures, while allowing infill consistent
with those goals. While the Warrens don't really seek any benefits from RI-U Zoning, my wife and I, as 45
year homeowning residents of that neighborhood, see a worst case scenario, where the Warrens achieve their lot
split via an otherwise unwanted and unneeded RI-U, build a second, modest house on the split lot, and then
some time hence, sell the tract to a developer, who as a matter of right, not discretionary permission from the
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
city, bulldozes what the developer perceives as the two, economically inefficient houses, and builds an 8-
plex with two small retail shops, up to the property lines on all sides, using the 40% remaining space for the
required parking, and fills each unit with 4 university students. The formerly residential lot is now 100%
covered with bricks and mortar and parking lot, and filled with 32 unrelated people.
The rezoning will have totally defeated its purpose of preserving our established residential neighborhood. The
density is the problem, with 32 new, unrelated residents and their cars, their barky dogs, their happily loud
cookouts and late night parties, not to mention the traffic coming and going from the storefront pizzeria and gift
shop — it will not be the neighborhood RI-U was designed to protect, but in fact will have fully destroyed that
neighborhood.
So the Warrens and our mutual goal is to get the lot split and allow the Warrens the construction of a second
dwelling, under existing RS-4 Code, or under RI-U, or under some other zoning provision, however it can be
done, through hopefully imposing sufficient limitations in the rezoning process, such that it cannot lead to the
"worst case" scenario described above. Bottom line, is there any way under the Development Code that can
be done? And if not, can we enter private covenants with the Warrens, to limit the use of the property,
despite the zoning provisions?
In summary, I am optimistic that the Warrens and we with your help can resolve this. If not, the above concerns
need to be put before the Planning Commission so please amend your original report which included my initial
remarks, to include these.
Thanks very much for your help. I hope to call you this afternoon after you've talked to the Warrens and
considered the above concerns to see what your thoughts are. Thanks, Jack Butt
DAVIS, BUTT,
TAYLOR &
CLARK, PLC
WILLIAM JACKSON BUTT II
DAVIS, BUTT, TAYLOR
& CLARK, PLC
75 N. East Avenue, Suite 402
P.O. Box 1224
Fayetteville, AR 72702-1224
(479) 521-7600
(479) 521-7661 (fax)
www.dbtcfirm.com
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD
Wonsower, Donna
From: Jack Butt <jbutt@dbtcfirm.com>
Sent: Tuesday, July 7, 2026 5:43 PM
To: Wonsower, Donna
Subject: 423 North Mlssion Blvd: request to Rezone from RSF-4 to FI-U
Follow Up Flag: Follow up
Flag Status: Flagged
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.
Donna thanks so much for your time and information this afternoon, and please accept my apologies for cutting
the call short. I live at 526 East Lafayette, which shares a common boundary of about 100' with 423 North
Mission Boulevard, the property for which re -zoning is sought.
As we discussed, the existing RSF-4 Zoning for 423 North Mission Boulevard has limitations which if released
or altered by conversion to RI-U, in my opinion would be detrimental to safety, both pedestrian and vehicular;
impede traffic; impair the quality/nature of the neighborhood; and correspondingly diminish property values.
This is a very small lot for an RS-4 zone (2/10 acre), which has a small, short, single driveway which will only
accommodate one car, with no proximate on -street parking. There are presently two cars "living" there, which
because of the short driveway, regularly block the sidewalk in front of the house. The house fronts on both
Mission and Lafayette/State Highway 45, a very busy corner for both pedestrian and vehicular traffic, that has
no lights or crosswalks. The lot already has one accessory dwelling unit on it, in a neighborhood where
relatively larger lots sizes and houses and correspondingly high market prices prevail. Thus the density of
adding another unit, especially if it is not limited by RSF-4 setbacks and occupancy limits, and allows several
unrelated occupants, all renting, and all with their own cars, is not going to be compatible with the
neighborhood: lack of setbacks will affect the aesthetics and probably visibility and safety; the infusion of
multiple vehicles of the occupants parked there, trying enter and exit the lot creates traffic flow and safety
concerns for both traffic and pedestrians; and the "jam up" effect of three small dwellings, their several
residents, and their several cars on this small lot will create a "trailer park" density and effect, diminishing
market values in the adjacent neighborhood.
I am aware that the Planning Commission and City Board must follow various guidelines in making such
zoning decisions, including any or all of the Zoning Ordinances, the City Plan 2040, applicable neighborhood
plans, and any appliable overlay or special districts. Can you please help me wit those?
Can you please direct me to each of the particular sections of such documents which set out the
applicable considerations that will be applied by the City in this decision process?
Also, can you please confirm whether the existing RSF-4 zone limits occupancy to 3 unrelated persons in
a residence, and whether and how that applies when there is also a Accessory Dwelling Unit on the
property? Are there any limitations to the number of unrelated persons living together in a residence
in a RI-U dwelling?
Are there limits to the number of vehicles that can be parked at an RSF-4 lot? Is that different if it has
ADU's, and if so how? How many vehicles can be parked at an RI-U lot? If the subject property were
rezoned to RI-U, how many dwellings can be built on it?
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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Are there any surveys or drawings in your records that reflect where the existing Street/Highway ROW
exists with respect to the existing street curb and sidewalks?
What onsite/offsite parking requirements are applicable to the development of RI-U dwellings?
If meeting in person would help you explain or demonstrate the rezoning process and considerations, I would be
eager at your convenient to come to your office.
Thanks very much for providing information in this matter. I look forward to hearing from you. Thanks, Jack
Butt
DAVIS. Burr.
TAYLOR &
CLARK, PLC
WILLIAM JACKSON BUTT II
DAVIS, BUTT, TAYLOR
& CLARK, PLC
75 N. East Avenue, Suite 402
P.O. Box 1224
Fayetteville, AR 72702-1224
(479) 521-7600
(479) 521-7661 (fax)
www.dbtcfirm.com
Planning Commission
August 24, 2026
RZN-2026-0023 (WARREN MISSION LLC)
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