HomeMy WebLinkAboutOrdinance 7037Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7037
File Number: 2026-3124
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-26
FOR APPROXIMATELY 4.80 ACRES LOCATED AT 243, 319 & 325 WEST 22ND STREET IN WARD 1
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-12, RESIDENTIAL
INTERMEDIATE, TWELVE UNITS PER ACRE
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-12, Residential
Intermediate, Twelve Units per Acre.
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 October 6, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $89.68
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Proposed UC
24TH ST
22ND
S
T
SC
H
O
O
L
A
V
E
RMF-24
RSF-4
P-1
UC
Regional Link
Neighborhood Link
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close 8p VLeZ
RZN-2026-0026 241 2:221'S7
-
0 150 300 450 60075
Feet
Subject Property
=RQH PURSRVHG
RSF-4
RI-12
0.0
4.8
7RWDO 4.8DF1:2,400
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4.8
0.0
(;H,%,T A
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Legal Descriptions – Maje Investments, LLC
TRACT 1 – 325 W. 22nd Street
A PART OF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MONUMENT IN
MONUMENT BOX MARKED AS THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 28, THENCE S86°49'39"E 492.25 FEET, THENCE
S16°31'24"W 233.01 FEET, THENCE S67°05'35"E 24.72 FEET, THENCE S67°02'50"E 303.50 FEET TO
A FOUND FENCE CORNER, THENCE S67°13'58"E 99.78 FEET TO A FOUND 1/2" REBAR MARKING
THE TRUE POINT OF BEGINNING AND RUNNING, THENCE N17°29'41"E 175.23 FEET TO THE
SOUTH RIGHT-OF-WAY OF W 22ND STREET, THENCE ALONG THE SOUTH RIGHT-OF-WAY OF W
22ND STREET S77°14'48"E 176.54 FEET, THENCE LEAVING THE SOUTH RIGHT-OF-WAY OF W
22ND STREET S16°32'21"W, PASSING THROUGH A FOUND 3/4" REBAR AT A DISTANCE OF 4.22
FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 206.00 FEET TO A FOUND 3/4" REBAR,
THENCE N67°21'44"W 180.10 FEET TO THE POINT OF BEGINNING. CONTAINING 0.777 ACRES
MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
TRACT 2 – 319 W. 22nd Street
A PART OF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND FOUND 5/8" REBAR WITH
A CAP STAMPED WITH "1258" MARKED AS THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28, THENCE S02°41'25"W 275.56
FEET, THENCE N76°16'57"W 119.92 FEET, THENCE S01°43'50"W 10.00 FEET TO A SET 5/8" REBAR
WITH A CAP STAMPED WITH "MYERS 1826 / BLEW 1532" MARKING THE TRUE POINT OF
BEGINNING AND RUNNING, THENCE S01°43'50"W 243.41 FEET TO A SET 5/8" REBAR WITH A CAP
STAMPED WITH "MYERS 1826 / BLEW 1532", THENCE N67°34'29"W 202.30 FEET, THENCE
N16°32'21"E 207.54 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF W 22ND STREET,
THENCE ALONG THE SOUTH RIGHT-OF-WAY OF W 22ND STREET S76°21'42"E 139.20 FEET TO
THE POINT OF BEGINNING. CONTAINING 0.860 ACRES MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
PARCEL: 765-15350-000
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP-16-NORTH, RANGE-30-WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT BDocusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Legal Descriptions – Maje Investments, LLC
COMMENCING FROM A FOUND CAPPED 5/8" IRON PIN STAMPED "COF 1258" AT THE
NORTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE ALONG THE EAST LINE OF
SAID FORTY ACRE TRACT S02°44'07"W A DISTANCE OF 285.49' TO SET CAPPED 5/8"
REBAR STAMPED "AR 1659" MARKING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EAST LINE S02°44'07"W A DISTANCE OF 261.02' TO A FOUND
CAPPED 1/2" IRON PIN STAMPED "BLEW 1532"; THENCE LEAVING SAID EAST LINE
N67°29'55"W A DISTANCE OF 63.76' TO A FOUND CAPPED 1/2" IRON PIN STAMPED "BLEW
1532"; THENCE N02°44'07"E A DISTANCE OF 251.47' TO A SET CAPPED 5/8" REBAR
STAMPED "AR 1659" ON THE SOUTH RIGHT-OF-WAY LINE OF WEST 22ND STREET;
THENCE ALONG SAID SOUTH LINE S75°56'35"E A DISTANCE OF 61.19' TO THE POINT OF
BEGINNING, CONTAINING 15,375 SQ. FEET OR 0.353 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
PARCEL: 765-15340-001
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP-16-NORTH, RANGE-30-WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM A FOUND CAPPED 5/8" IRON PIN STAMPED "COF 1258" AT THE
NORTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE ALONG THE EAST LINE OF
SAID FORTY ACRE TRACT S02°44'07"W A DISTANCE OF 546.51' TO A FOUND CAPPED 1/2"
IRON PIN STAMPED "BLEW 1532" MARKING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EAST LINE, S02°44'07"W A DISTANCE OF 476.18' TO A FOUND
CAPPED 5/8" IRON PIN STAMPED "BLEW 1532"; THENCE LEAVING SAID EAST LINE
N87°29'03"W A DISTANCE OF 235.44' TO A FOUND 5/8" IRON PIN; THENCE N02°46'48"E A
DISTANCE OF 561.53' TO A FOUND CAPPED 1/2" IRON PIN STAMPED "BLEW 1532";
THENCE S67°29'55"E A DISTANCE OF 249.71' TO THE POINT OF BEGINNING, CONTAINING
122,053 SQ. FEET OR 2.802 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY OF RECORD.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3124
MEETING OF OCTOBER 6, 2026
TO: Mayor Rawn and City Council
THROUGH: Jennifer Walker, Chief of Staff
Britin Bostick, Interim Development Services Director
Jessica Masters, Planning Director
FROM: Virginia Whitman, Planner
SUBJECT: RZN-2026-0026: Rezoning (243, 319 & 325 W 22ND ST/MAJE INVESTMENTS LLC,
640) Submitted by AARON DUNN for property located at 243, 319 & 325 W 22ND
ST in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and contains approximately 4.80 acres. The request is to
rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER
ACRE.
RECOMMENDATION:
Staff Recommendation Approval
PC Recommendation Approval (9-0-0)
Current Zoning RSF-4
Requested Zoning RI-12
Acres 4.80
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 south Fayetteville and is approximately 315 feet east of the intersection of S
School Avenue and W Cato Springs Road. It contains four parcels totaling approximately 4.80 acres,
which are currently zoned RSF-4, Residential Single-Family, Four Units per Acre. The property contains
three single-family dwellings. Two are historic age (325 and 275 W 22nd Street), but none are eligible for
inclusion on the National Register of Historic Places. The subject property is partially within the Hillside-
Hilltop Overlay District in the eastern and southern portions.
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, Four Units
per Acre to RI-12, Residential Intermediate, Twelve Units per Acre.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Public Comment: Staff received one public comment during the September 14 Planning Commission
meeting that expressed neutrality toward the rezoning with the expectation that trees be adequately
preserved at the time of any future development.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The
surrounding property is generally characterized by residential and undeveloped land but is close to S
School Avenue, which was part of the extensive 71B Corridor rezoning to allow both residential and
commercial uses. The current RSF-4 district is strictly residential with traditional setbacks and no form-
based requirements. The proposed RI-12 allows residential uses by right, introduces form-based
standards, and conditionally permits low-intensity commercial uses. Staff finds the request to rezone the
property to RI-12 expands the allowed residential uses and promotes the urban form that is compatible
with City Neighborhood Future Land Use designations. Because properties to the north, east, and south
are primarily residential and those to the east are low-intensity commercial or undeveloped, this rezoning
appropriately establishes a transitional buffer between the intensive uses permitted in the Urban Corridor
district along S. School Avenue and W. Cato Springs Rd.
Land Use Plan Analysis: Staff finds the request consistent with adopted land use policies, the Future Land
Use Map, and the goals of City Plan 2040. The property is designated as a City Neighborhood Area,
which encourages varied commercial uses that include residential components. Rezoning to RI-12
maintains residential viability while granting flexibility for conditional, low-intensity commercial uses.
Additionally, the parcel is located 315 feet east of a Tier 3 Center at W. Cato Springs Road and S. School
Avenue. City Plan 2040 intends these centers to serve small, localized markets, supporting a broad mix of
housing with mixed-use cores spanning one to several blocks. Staff does note that W. 22nd Street does
not currently meet Master Street Plan standards, and off-site improvements may be required during the
development review process.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5-7 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 9, 2250 S School Ave.)
• Near Sewer Main (6” along W 22nd St.)
• Near Water Main (4” along W 22nd St.)
• Near City Park (Cato Springs Trail Corridor and Frisco Trail Corridor)
• Near Paved Trail (Side-Path Trail)
• Near ORT Bus Stop (School & Cato Springs - Southbound)
• Appropriate Future Land Use
DISCUSSION:
At the September 14, 2026, Planning Commission meeting, Commissioners unanimously forwarded (9-0-
0) the request to City Council with a recommendation of approval. One comment from the public
expressed concern that the trees on the property should be appropriately preserved at the time of any
future development. There were no questions posed by the Commission and the item was motioned and
seconded for approval by Commissioners Brewer and Werner.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3124
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-26 FOR APPROXIMATELY 4.80 ACRES LOCATED AT 243, 319 & 325 WEST 22ND
STREET IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER ACRE
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-12, Residential Intermediate, Twelve Units per Acre.
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: 31DA20AA-33C2-80B3-8032-527BF76C6560
9/15/2026
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-3124
Item ID
10/6/2026
City Council Meeting Date - Agenda Item Only
RZN-2026-0026: Rezoning (243, 319 & 325 W 22ND ST/MAJE INVESTMENTS LLC, 640) Submitted by AARON DUNN
for property located at 243, 319 & 325 W 22ND ST in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 4.80 acres. The request is to rezone the property to
RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER ACRE.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Virginia Whitman DEVELOPMENT SERVICES (620)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: September 14, 2026
SUBJECT: RZN-2026-0026: Rezoning (243, 319 & 325 W 22ND ST/MAJE
INVESTMENTS LLC, 640) Submitted by AARON DUNN for property
located at 243, 319 & 325 W 22ND ST. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 4.80 acres. The request is to rezone the property to RI-12,
RESIDENTIAL-INTERMEDIATE, TWELVE UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0026 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2026-0026 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in south Fayetteville and is approximately 315 feet east of the intersection
of S School Avenue and W Cato Springs Road. The property contains four parcels totaling
approximately 4.80 acres which are currently zoned RSF-4, Residential Single-Family, Four Units
per Acre. The property contains three single-family dwellings, two of which are of historic age
(325 and 275 W 22nd St.) but none are eligible for inclusion on the National Register of Historic
Places. The subject property is partially within the Hillside-Hilltop Overlay District to the east and
south. 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 RSF-4 Residential, Single-Family, Four Units per Acre
East Undeveloped RSF-4 Residential, Single-Family, Four Units per Acre
West Residential and Undeveloped UC, Urban Core
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family,
Four Units per Acre to RI-12, Residential-Intermediate, Twelve Units per Acre.
Public Comment: Staff has not received any public comment at this time.
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
Page 1 of 15
Updated with PC results
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along West 22nd Street. West 22nd Street is a
partially improved Residential Link Street with asphalt paving and open ditches.
Any additional improvements or requirements for drainage will be determined at
time of development.
Water: Public water is available to the subject area. There is an existing 4-inch water main
along West 22nd Street.
Sewer: Sanitary sewer is available to the subject area. There is an existing 6-inch sewer
main along West 22nd Street.
Drainage: No capacity issues that would impact development. A portion of the subject area
does lie within the Hillside-Hilltop Overlay District. Additional restrictions will apply
at the time of building permit submittal, as well as grading, erosion control and
abbreviated tree preservation plans. No protected streams, FEMA Floodplain, nor
are there any hydric soils present in the subject area.
Fire: Station 9, located at 2250 S School Ave., protects this site. The property is located
approximately 0.2 miles from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 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-12, Residential-Intermediate, Twelve Units per Acre, requires 20% 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 City Neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5-7 for this
site with a weighted score of 8. The following elements of the matrix contribute to the score:
Adequate Fire Response (Station 9, 2250 S School Ave.)
Near Sewer Main (6” along W 22nd St.)
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
Page 2 of 15
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Near Water Main (4” along W 22nd St.)
Near City Park (Cato Springs Trail Corridor and Frisco Trail Corridor)
Near Paved Trail (Side-Path Trail)
Near ORT Bus Stop (School & Cato Springs - Southbound)
Appropriate Future Land Use
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. The surrounding property is generally characterized by
residential and undeveloped land but in close proximity to S School Avenue
which was part of the extensive 71B Corridor rezoning and is a mix of
commercial and residential uses. While the current RSF-4 district is strictly
residential with traditional setbacks and no form-based requirements, the
proposed RI-12 introduces form-based standards and conditionally permits
low-intensity commercial uses. Notably, RI-12 requires at least 50% of a
building façade to sit within a 0-to-25-foot build-to-zone (though per UDC
164.12, existing nonconforming structures can expand by up to 49% before
triggering compliance). Staff finds the request to rezone the property to RI-
12 keeps the residential use whilst shifting to urban-form that is found
commonly in City Neighborhood Area designations. Because properties to
the north, east, and south are primarily residential—and those to the east are
low-intensity commercial or undeveloped—this rezoning appropriately
establishes a transitional buffer between the intensive uses permitted in the
UC, Urban Corridor, district along S. School Avenue and W. Cato Springs
Rd.
Land Use Plan Analysis: Staff finds the request consistent with adopted land
use policies, the Future Land Use Map, and the goals of City Plan 2040. The
property is designated as a City Neighborhood Area, which encourages
varied commercial uses that include residential components. Rezoning to
RI-12 maintains residential viability while granting flexibility for conditional,
low-intensity commercial uses. Additionally, the parcel is located 315 feet
east of a Tier 3 Center at W. Cato Springs Road and S. School Avenue. City
Plan 2040 intends these centers to serve small, localized markets,
supporting a broad mix of housing with mixed-use cores spanning one to
several blocks. The parcel's relatively high weighted infill score of 8
indicates it can support increased density and a wider range of uses.
However, it is critical to note that W. 22nd Street does not currently meet
Master Street Plan standards, which may trigger required off-site
improvements during the development review process.
In recent years, the City Council has actively worked to reduce single-use
residential or commercial zoning along major corridors, exemplified by the
recent 586-acre rezoning along the 71B corridor to the new mixed-use UC
district. Rezoning this property to RI-12 aligns with these citywide
modernization goals.
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
Page 3 of 15
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
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. Although this
property was excluded from the recent 71B corridor rezoning due to its
distance from the Regional Link, applying an urban-form district here creates
an ideal transitional zone between the high-intensity UC district and the low-
intensity RSF-4 district. The city's broader shift toward form-based zoning
within a ¼ mile of S. School Avenue further justifies the timing of this
request.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning from RSF-4 to RI-12 could potentially increase traffic
danger or congestion given the property’s location and current substandard
road conditions. RI-12 allows density to triple from four units per acre to
twelve units per acre. To mitigate this, specific site impacts (including
parking, drainage, tree preservation, and street compliance) will be
thoroughly evaluated against City standards during the formal development
review phase.
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-12 will alter local population density
to a moderate degree, increasing the maximum allowable density from four
units per acre to twelve units per acre. While the existing water, sewer, and
S. School Avenue utility infrastructure can likely support this increase, exact
service capacities will be fully re-evaluated during the development review
process. Fayetteville Public Schools did not provide comments on this
request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2026-0026 to City
Council with a recommendation of approval.
________________________________________________________________________
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
Page 4 of 15
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PLANNING COMMISSION ACTION: Required YES
Date: September 14, 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 §161.11 District RI-12, Residential Intermediate, Twelve Units per Acre
Staff Exhibits
o Long-Range Planning Memo
Applicant Exhibits
o Request Letter
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
Page 5 of 15
There were no comments or inquiries from
the Commission
with rec. of approval
9-0-0
Werner
Brewer
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SCHOOL
AVE
CATO SPRINGS RD
19TH ST
RSF-4
I-2
RMF-24
I-1
P-1
R-A
CS
UC
RPZD
Regional Link
Neighborhood Link
Unclassified
Residential Link
Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
RZN-2026-0026 243, 319 & 325 W 22ND ST N
0 0.2 0.40.1 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
Page 6 of 15
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Proposed UC
24TH ST
22ND ST
SC
H
O
O
L
A
V
E
RMF-24
RSF-4
P-1
UC
Regional Link
Neighborhood Link
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0026 243, 319 & 325 W 22ND ST
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
RSF-4
UC
0.0
5.1
Total 5.1 ac1:2,400
Current
5.1
0.0
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CATO SPRINGS RD
C
O
U
NTRY
C
L
U
B
DR
24TH ST
SCH O OL AVE
2026 Imagery | Bowman | EagleView Technologies
Regional Link
Neighborhood Link
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2026-0026 243, 319 & 325 W 22ND ST N
0 225 450 675 900112.5
Feet
Subject Property
Undeveloped
Multi-Family Residential
Commercial
Single-Family Residential
1:3,600
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City
Neighborhood
Civic and
Private Open
Space
Industrial
Natural
Non-Municipal
Government
Residential
Neighborhood
Rural
Residential
SCH O OL AVE
Regional Link
Neighborhood Link
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2026-0026 243, 319 & 325 W 22ND ST N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
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
dwellings
Two (2) 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
(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.
(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, §§1(Exh. C), 2, 4-20-21)
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
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.
161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a development potential
between low density and medium density with less impact than medium density d evelopment, to
encourage the development of areas with existing public facilities and to encourage the development
of a greater variety of housing values.
(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 36 Wireless communications facilities
(C) Density.
Units per acre 12
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-
family
Two-family Three- and
four-family
Lot width
minimum
50 feet 50 feet 90 feet
Lot area
minimum
5,000 square
feet
7,260 square
feet
10,890 square
feet
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
(2) Lot area minimum. None
(E) Setback regulations.
Front Side
Other
Uses
Side Single
& Two-
family
Rear
Other
Uses
Rear
Single
Family
A build-to zone that
is located between
the front property
line and a line 25
feet from the front
property line.
8 feet 5 feet 20 feet 5 feet
(F) Building Height Regulations.
Building height maximum 2 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 50% 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
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
TO: Citlali Samano, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: September 14, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0026
BACKGROUND:
The applicant requests to rezone approximately 4.80 acres from RSF-4, Residential Single-
Family, Four Units Per Acre to RI-12, Residential Intermediate – Twelve Units Per Acre. Two
long range planning documents are relevant when evaluating this request: City Plan 2040 and
the Heritage & Historic Preservation Plan.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
• Goal 1 – We will make appropriate infill and revitalization our highest priority.
• Goal 2 – We will discourage suburban sprawl.
• Goal 3 – We will make compact, complete, and connected development the standard.
• Goal 6 – We will create opportunities for attainable housing.
o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and
sizes dispersed throughout the city and in proximity to transit and active
transportation networks. (p.45)
On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive
plans and organized them into six primary goals. The goals were meant to focus the City’s
efforts on appropriate infill that furthers a variety of transportation options, supports the creation
of attainable housing, and limits the amount of land consumed by development on the City’s
periphery, often termed “suburban sprawl”.
Heritage & Historic Preservation Plan (2023):
The City’s Heritage & Historic Preservation Plan was initiated by City Plan 2040.
Heritage and Historic Preservation Master Plan Relevant Goals and Action Items
1.9 Plan Review Include historic preservation staff in review of proposed major
projects and zoning changes to determine impacts to historic
resources.
1.10 Demolition
Ordinance
Pass an ordinance to allow for the review of proposed demolitions
for resources forty-five years or older. Staff to evaluate each
property for significance. Work with property owner to discourage
demolition. Reviews should be taken up by HDC as needed.
4.9 Community
Engagement:
Transparency
Publish information about historic preservation reviews and
demolitions of historic properties to increase transparency.
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
DISCUSSION:
Zoning History:
This property was annexed in 1961 (Ord. 1258). Modern” zoning began with Ordinance 1747
approved on June 29, 1970 which 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.
City Plan 2040 and Future Land Use Plan:
This area is designated as a City Neighborhood area, which are “more densely developed than
residential neighborhood areas and provide a mix of non-residential and residential uses.” This
area supports a wide variety of 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 a variety of housing options beyond just single-family and new commercial uses
which would contribute to creating complete neighborhoods (Goals 3 & 6). The request for RI-12
aligns with goals 1, 2, and 6 of City Plan 2040 by creating opportunities for denser development
and a variety of housing types in an area already served by infrastructure. Opportunities for some
limited business is available with a conditional use permit under the requested zoning district,
supporting goal 3 for complete neighborhoods.
Property History:
The subject property contains single-family dwellings constructed ca. 1951 (325 W. 22nd St),
1961 (319 W. 22nd St.), ca. 1951 (275 W. 22nd St.) according to Washington County Tax
Assessor records. Two buildings are of historic age and are not eligible for inclusion on the
National Register of Historic Places. This area was included in Phase 1 of the citywide survey of
historic properties and were not field surveyed after being determined ineligible during desktop
review. The building at 275 W. 22nd St. is not visible via Google Street View due to vegetation.
319 W. 22nd St.
325 W. 22nd St.
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
MAJE INVESTMENTS, LLC August 6, 2026
City of Fayetteville Planning Division
113 W. Mountain Street
Fayetteville, AR 72701
RE: Rezoning Request – 243, 275, 319, and 325 W. 22nd Street (Parcel Nos. 765-15340-001, 765-15350-000, 765-15348-
000, and 765-15327-000), Fayetteville, AR – Request to Rezone from RSF-4 to Residential Intermediate (RI-12)
To Whom it May Concern:
Maje Investments, LLC (“Applicant”) submits this letter in support of its application to rezone the four parcels
referenced above, located along W. 22nd Street in Fayetteville, from RSF-4 (Residential Single-Family, 4 units per
acre) to RI-12 (Residential Intermediate, 12 units per acre). The Applicant has also recently closed on the purchase
of an adjoining 2-acre tract from Barry Baker, immediately to the north/west (that transaction has not yet been
reflected in county records), which is zoned UC. This letter addresses the compatibility of the proposed rezoning
with neighboring property and explains why it will not unreasonably adversely affect or conflict with surrounding
land uses.
Compatibility with Neighboring Property
The subject property is compatible with its neighboring property because RI-12 allows a modest, appropriately
scaled increase in density above the existing RSF-4 designation while remaining consistent with the residential
character of W. 22nd Street. This is particularly true given the property's setback from S. School Avenue, which
supports a measured step up in density rather than a more intensive designation. The requested rezoning also aligns
with the Applicant's recent acquisition of the adjoining 2-acre tract to the north/west, supporting a cohesive
residential development pattern along this stretch of W. 22nd Street.
No Unreasonable Adverse Effect on Surrounding Uses
RI-12 caps residential density at 12 units per acre and carries standard residential development standards, which will
help ensure that development of the subject property remains compatible in scale and character with the surrounding
neighborhood. Because W. 22nd Street itself may require improvement to adequately serve additional development,
this measured increase in density is appropriately calibrated for the site and will not unreasonably conflict with
surrounding land uses.
Utilities
Water and sewer service are both present in W. 22nd Street. The Applicant recognizes that these lines may require
upsizing to adequately serve future development of the site. The Applicant also understands that the existing sanitary
sewer connection does not run directly along W. 22nd Street to S. School Avenue, but instead bends north through
private property via easements before connecting through Nonnamaker Drive. The Applicant does not currently
have full detail regarding those easements and acknowledges that a more direct sewer connection to S. School
Avenue via W. 22nd Street may need to be established in the future. The Applicant understands that the specific
scope of any required utility upsizing or reconfiguration is more appropriately evaluated at the time of development
review.
Transportation
W. 22nd Street itself may also require improvements to adequately serve future development of the site. The specific
scope of any such improvements is not yet known and would be more appropriately determined during development
review, once a specific project is proposed.
For the reasons above, the Applicant respectfully requests approval of the proposed rezoning from RSF-4 to RI-12
for the four parcels identified above. We appreciate the City's consideration of this request and are happy to provide
any additional information needed.
Sincerely,
Aaron Dunn, Member
Maje Investments, LLC
Planning Commission
September 14, 2026
RZN-2026-0026 (MAJE INVESTMENTS LLC)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560