HomeMy WebLinkAboutOrdinance 7039Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7039
File Number: 2026-3155
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-29
FOR APPROXIMATELY 1.10 ACRES LOCATED AT 3504 & 3526 WEST MOUNT COMFORT ROAD IN
WARD 4 FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES
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 R-A, Residential Agricultural to CS, Community Services.
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: $85.12
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Proposed CS
SAL
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C
AN
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Y
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PRA
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C
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O
VER
W
A
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HA
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WA
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PERENNIALDR
MOUNT COMFORT RD
RSF-4
R-A
P-1
R-O
CS
RPZD
Regional Link
Neighborhood Link
Regional Link - High Activity
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Close Up VLeZ
RZN-2026-0029 4 :0O817
CO0FOR7RD
-
0 150 300 450 60075
Feet
Subject Property
ZRQH PURSRVHG
CS
R-A
1.1
0.0
7RWDO 11DF1:2,400
CXUUHQW
0.0
1.1
([hibit A
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Legal Description 765-13598-000
Part of the Fractional Northwest Quarter (Frl.NW ¼) OF Section Six (6), Township Sixteen
(16) North of Range Thirty (30) West, being more particularly described as follows, to wit:
Beginning at a point that is East 751.50 feet from the Southwest corner of said Fractional
Northwest Quarter (Frl.NW 14), said point of beginning being in Mt. Comfort Road; thence
North 210.9 feet to the East right of way Line of the abandoned Kansas City and Memphis
Railroad; thence with said right of way, S41 degrees 47 minutes 27 seconds W 112.54 feet;
thence leaving said right of way South 127 feet to the point of beginning, and containing
0.36 acres, more or less, and subject to that portion the lines in Mr. Comfort Road on the
South side thereof; LESS THЕ FOLLOWING DESCRIBED REAL PROPERTY CONVEYED TO
THE CITY OF FAYETTEVILLE, A MUNICIPAL CORPORATION, BY WARRANTY DEED
RECORDED IN BOOK 2009, PAGE 00004351, PUBLIC RECORDS OF WASHINGTON
COUNTY, ARKANSAS: A PART OF THE Fractional Northwest Quarter (NW 1¼) of Section Six
(6), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas,
being more particularly described as follows: Commencing at a 3 inch aluminum
monument for the Southwest corner of said Fractional Northwest Quarter (NW 4); thence
along the South line of said Northwest Quarter S 87 degrees 23 minutes 45 seconds E
751.50 feet to the Point of Beginning; thence continuing along said South line S 87 degrees
23 minutes 45 seconds E 73.92 feet; thence N 03 degrees 05 minutes 00 seconds E 30.00
feet; thence N 87 degrees 23 minutes 45 seconds W 74.20 feet; thence S 02 degrees 32
minutes 52 seconds W 30.00 feet to the Point of Beginning, containing 2,222 square feet or
0.05 acres more or less, of which 2,222 square feet or 0.05 acres is considered existing
Right of Way.
Exhibit B
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Legal Description 765-13602-000
A PART OF THE NORTHWEST FRACTIONAL QUARTER (NW FRL 1/4) OF SECTION SIX (6),
TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 12 AND 52/100 (12.52) CHAINS EAST OF THE
SOUTHWEST CORNER OF SAID FRACTION QUARTER-SECTION AND RUNNING, THENCE
EAST 160 FEET, THENCE NORTH 415 FEET, MORE OR LESS TO THE EAST LINE OF THE
FORMER RIGHT OF WAY OF THE K.C. & M RAILROAD, THENCE IN A SOUTHWESTERLY
DIRECTION WITH THE EAST LINE OF SAID FORMER RAILROAD RIGHT OF WAY, WHICH LINE
IS A CURVE THAT IS PARALLEL TO AND 50 FEET EQUIDISTANT FROM A 4 DEGREE 20
MINUTE CURVE OF THE CENTER LINE OF SAID RIGHT OF WAY TO A POINT WHICH IS DUE
NORTH OF THE BEGINNING POINT, THENCE SOUTH TWO AND 21 HUNDREDTHS (2.21)
CHAINS TO THE BEGINNING POINT, CONTAINING ONE ACRE, MORE OR LESS.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3155
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-2026-0029: Rezoning (3504 & 3526 W MOUNT COMFORT RD/ODYSSEY
ENGINEERING, 323.): Submitted by ODYSSEY ENGINEERING for property
located at 3504 & 3526 W MOUNT COMFORT RD in WARD 4. The property is
zoned R-A, RESIDENTIAL, AGRICULTURAL and contains approximately 1.10
acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff Recommendation Approval
PC Recommendation Approval (9-0-0)
Current Zoning R-A
Proposed Zoning CS
Acres 1.10
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 west Fayetteville east of the intersection of W Mount Comfort Road and N
Rupple Road. The property contains two parcels totaling 1.1 acres which are currently zoned R-A,
Residential Agricultural. The property is not subject to any overlay districts.
Request: The request is to rezone the subject property from R-A, Residential Agricultural to CS,
Community Services.
Public Comment: Staff has not received any public comment.
Land Use Compatibility: From a current land use standpoint, the request is highly compatible with its
immediate surroundings. The property is primarily surrounded by parcels which are zoned CS and which
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
contain a mix of commercial and residential uses, as well as a large undeveloped lot to the north zoned
RPZD which allows for a mix of uses. The site is located on W Mount Comfort Road, which is designated
as a Regional Link - High Activity Street. That designation is intended to support higher-intensity
commercial activity and serve as a major transportation corridor.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies and the
Future Land Use Map designation (City Neighborhood Area). Given the site’s location along a high-activity
roadway and its adjacency to commercially zoned properties, a mixed-use zoning district such as CS
provides a bridge between established commercial activity and residential areas which aligns with the
property's City Neighborhood designation. Furthermore, CS has a build-to zone and requires a minimum
building frontage of 50%. These standards offer enhanced pedestrian-level engagement to promote
walkability. Additionally, the site’s infill score supports a mix of uses and aligns with City Plan 2040 Goal 3
by promoting compact, complete, and connected development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site. The
following elements of the matrix contribute to this score:
• Adequate Fire Response (Station 7, 835 N Rupple Rd)
• Near Sewer Main (8 in gravity line, W Mount Comfort Rd)
• Near Water Main (12 in line, W Mount Comfort Rd)
• Near Public School (Holt Middle School)
• Near City Park (Bryce Davis Park)
• Near Paved Trail (W Mount Comfort Rd, N Rupple Rd)
• Appropriate Future Land Use
DISCUSSION:
At the September 14, 2026 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioner Brink asked for clarification on the old railroad
parcel which would remain zoned R-A, as it is not included in the rezoning subject property. No further
comments were made.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3155
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-29 FOR APPROXIMATELY 1.10 ACRES LOCATED AT 3504 & 3526 WEST
MOUNT COMFORT ROAD IN WARD 4 FROM R-A, RESIDENTIAL AGRICULTURAL TO
CS, COMMUNITY SERVICES
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 R-A, Residential Agricultural to CS,
Community Services.
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
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-3155
Item ID
10/6/2026
City Council Meeting Date - Agenda Item Only
RZN-2026-0029: Rezoning (3504 & 3526 W MOUNT COMFORT RD/ODYSSEY ENGINEERING, 323.): Submitted by
ODYSSEY ENGINEERING for property located at 3504 & 3526 W MOUNT COMFORT RD. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 1.10 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Britin Bostick DEVELOPMENT SERVICES (620)
Division / Department
9/16/2026
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Virginia Whitman, Planner
MEETING DATE: September 14, 2026
SUBJECT: RZN-2026-0029: Rezoning (3504 & 3526 W MOUNT COMFORT
RD/ODYSSEY ENGINEERING, 323.): Submitted by ODYSSEY
ENGINEERING for property located at 3504 & 3526 W MOUNT
COMFORT RD. The property is zoned R-A, RESIDENTIAL,
AGRICULTURAL and contains approximately 1.10 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0029 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2026-0029 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in west Fayetteville eastward of the intersection of W Mount Comfort Rd
and N Rupple Rd. The property contains two parcels totaling 1.1 acres which are currently zoned
R-A, Residential Agricultural. The property is not subject to any overlay districts. Surrounding land
uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped RPZD, Residential Planned Zoning District (Ord. 6742), CS
Community Services
South Developing Multifamily Residential CS, Community Services
East Commercial CS, Community Services
West Residential CS, Community Services
Request: The request is to rezone the subject property from R-A, Residential Agricultural, to CS,
Community Services.
Public Comment: Staff has not received any public comment at this time.
Updated with PC results
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has a road frontage along W Mount Comfort Rd. W Mount
Comfort Road is a fully improved Regional Link – High Activity Street with asphalt
paving, sidewalk and curb and gutter. Any street improvements required in these
areas would be determined at the time of the development proposal. Any additional
improvements or requirements for drainage will be determined at time of
development.
Water: Public water is available to the subject area. Existing 12-inch water main is present
in the along the south side of W Mount Comfort Rd.
Sewer: Sanitary sewer is available to the subject area. Existing 8-inch sewer mains are
present along north side of W Mount Comfort Rd. There are known wet weather
sewer capacity issues identified in the City’s 2025 Sewer that appear in the system
1251 feet southwest of the subject property.
Drainage: No protected streams or FEMA Floodplain. No hydric soils present and the
property is not within the Hillside/Hilltop Overlay District.
Fire: Station 7, located at 835 N Rupple Rd, protects this site. The property is located
approximately 1.4 miles from the fire station with an anticipated driving time of
approximately 5 minutes using existing streets. The anticipated response time
would be approximately 7.2 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 R-A, Residential Agricultural, requires 25% minimum
canopy preservation. The proposed zoning district of CS, Community Services,
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 7 for this site
with a weighted score of 7.5. The following elements of the matrix contribute to the score:
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Adequate Fire Response (Station 7, 835 N Rupple Rd)
Near Sewer Main (8 in gravity line, W Mount Comfort Rd)
Near Water Main (12 in line, W Mount Comfort Rd)
Near Public School (Holt Middle School)
Near City Park (Bryce Davis Park)
Near Paved Trail (W Mount Comfort Rd, N Rupple Rd)
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: From a current land use standpoint, the request is
highly compatible with its immediate surroundings. The property is primarily
surrounded by parcels which are zoned as Community Service and which
contain a mix of commercial and residential uses, as well as a large
undeveloped lot to the north zoned RPZD and which allows for mixed
development. R-A zoning imposes no limits on building height, but this is
limited by requiring additional setbacks equal to the additional height of
each story and along borders adjacent to residential districts. This limits the
functionality of the site, as any higher use compatible with surrounding
properties could be inhibited by height and setback regulations that are
designed for smaller or more withdrawn properties. The site is directly
located on W Mount Comfort Rd, designated as a Regional Link - High
Activity Street, which is intended to support higher-intensity commercial
activity and serve as a major transportation corridor. Given this
classification, commercial uses enabled by CS zoning represent the highest
and best use of the property. The district encourages a concentration of
commercial and mixed-use development that enhances both function and
appearance along major thoroughfares, a function that CS better serves than
the current zoning.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation (City
Neighborhood Area). Given the site’s location along a high-activity arterial
roadway and its adjacency to commercially zoned properties, a mixed-use
zoning district such as CS provides a more appropriate combination
between established commercial activity and residential areas which aligns
with the intentions of the City Neighborhood designation. Furthermore, CS
implements a build-to zone and requires minimum frontage of 50% of lot
width. These design standards offer enhanced pedestrian-level engagement
more appropriate for the commercial and higher-density surrounding uses
and zoning. Additionally, the site’s infill score suggests a preparedness for
mixed uses and aligns with City Plan 2040 Goal #3 by promoting compact,
complete, and connected development patterns. The proposed use would
contribute to economic activity, provide a needed service to the community,
and reinforce the established development pattern of the corridor.
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: A rezone from R-A to CS is more appropriate for the surrounding uses, which
are primarily CS, as well as more aligned with the Future Land Use
designation as a City Neighborhood Area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from R-A to CS would increase the allowable density
on the site, as R-A has a low density of ½ units per acre while CS has no
density limits. Both zones permit housing, but CS allows for a greater
diversity and density of housing types as well as commercial properties.
Although W Mount Comfort Rd is a fully improved Regional Link – High
Activity Street with multimodality, its current estimated Average Daily Traffic
is 18,000 vehicles per day, while the Master Street Plan states a designed
service volume of approximately 17,600 vehicles per day for streets of this
classification. As such, developments that increase demand or local
population are likely to result in a greater increase of traffic through this area
which will continue to exceed the designed service volume of the street,
possibly creating traffic delays or issues. However, no developments for this
site are in review at the time. At the time of development for this site, staff
will recommend a closer consideration of traffic safety to determine if street
improvements will be necessary for safety.
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 R-A to CS would likely increase the potential
population at the site following residential developments, but staff does not
find that it would be to an undesirable degree; staff finds that given the City’s
growth and strong infill score, this rezoning would be an incremental step in
providing more housing or commercial amenities. Although wet weather and
sewer capacity issues were identified at this site, staff finds that a closer
inspection can be conducted and potential mitigations may be implemented
at the time of a future development proposal.
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
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
RECOMMENDATION: Planning staff recommends forwarding RZN-2026-0029 to City
Council with a recommendation of approval.
________________________________________________________________________
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 §161.03 District R-A, Residential - Agricultural
o §161.22 District CS, Community Services
Applicant Exhibits
o Request Letter
Gulley
Brink
9-0-0
Commissioner Brink clarified if the railroad parcel was
included in the rezoning; staff clarified that the
railroad parcel would remain zoned R-A at this time
until the landowner might choose to rezone it.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
RUPPLE
RD
SA
L
E
M
R
D
MOUNT COMFORT RD
RUPPLERD
R UPPLERD
RI-12
RMF-24
RSF-4
R-A
RSF-1P-1
R-O
RSF-8
NCCS
CPZD
RI-U
RPZD
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
RZN-2026-0029 3504 & 3526 W MOUNT
COMFORT RD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Proposed CS
SALEM
RD
C
ANEY
DR
PRAIRIE
CLOVER
W
A
Y
HAZEN
WAY
PERENNIALDR
MOUNT COMFORT RD
RSF-4
R-A
P-1
R-O
CS
RPZD
Regional Link
Neighborhood Link
Regional Link - High Activity
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0029 3504 & 3526 W MOUNT
COMFORT RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
CS
R-A
1.3
0.0
Total 1.3 ac1:2,400
Current
0.0
1.1
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SA
L
E
M
R
D
R U PPLERD
MOUNT COMFORT RD
2026 Imagery | Bowman | EagleView Technologies
Regional Link
Neighborhood Link
Regional Link - High Activity
Residential Link
Planned Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2026-0029 3504 & 3526 W MOUNT
COMFORT RD N
0 225 450 675 900112.5
Feet
Subject Property
Commercial
Multi-Family Residential
Commercial
Single-Family Residential
1:3,600
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City
Neighborhood
Civic and
Private
Open Space
Civic
Institutional
Natural
Residential
Neighborhood
SA
L
E
M
R
D
MCLAREN DR
MORNING MIST DR
MOUNT COMFORT RD
R U P PLERD
R U P P L E R D
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2026-0029 3504 & 3526 W MOUNT
COMFORT RD N
0 425 850 1,275 1,700212.5
Feet
Subject Property
1:7,000
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
161.03 - District R-A, Residential-Agricultural
(A) Purpose. The regulations of the agricultural district are designed to protect agricultural land until an
orderly transition to urban development has been accomplished; prevent wasteful scattering of
development in rural areas; obtain economy of public funds in the providing of public improvements
and services of orderly growth; conserve the tax base; provide opportunity for affordable housing,
increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
Unit 41 Accessory dwellings
Unit 43 Animal boarding and training
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density.
Units per acre One-half (½)
(D) Bulk and Area Regulations.
Lot width minimum 200 feet
Lot area minimum 2 acres
Residential: 2 acres
Non-Residential: 2 acres
Lot area per dwelling unit 2 acres
(E) Setback Requirements.
Front 35 feet
Side 20 feet
Rear 35 feet
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional
setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion
of the building over one (1) story shall be equal to the difference between the total height of that portion of the
building and one (1) story.
(G) Building Area. None.
(Ord. No. 6945, §5(Exh. D), 12-16-25)
161.22 – Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas and is intended to provide for
adaptable mixed-use centers located along commercial corridors that connect denser development
nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings
addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services District is
a commercial zone. The intent of this zoning district is to provide standards that enable development
to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three- and four-family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories
(C) Density. None
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot area minimum. None
(E) Setback regulations.
Front: A build-to zone that is located between
10 feet and a line 25 feet from the
front property line.
Side and rear: None
Side or rear, when
contiguous to a single-
family residential district:
15 feet
(F) Building Height Regulations.
Building Height
Maximum
5 stories
(G) Minimum buildable street frontage. 50% of the lot width.
(Ord. No. 6945, §5(Exh. D), 12-16-25)
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
May 3, 2026
ODY-0184
Letter of Zoning Compatibility
The rezoning of parcels 765-13598-000 and 765-13602-000 from RA to CS is compatible with the adjacent land,
as the properties to the south, east and west are all currently zoned CS, and the property to the north is a
Residential PZD with a variety of density. This property sits along a Regional Link street, and the CS zoning would
align with the “City Neighborhood” designation in the future land use plan. With either existing or proposed
commercial developments on 3 sides of these parcels, this zoning designation is compatible with adjacent active
uses.
Connor Threet, P.E.
Principal Engineer
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560