HomeMy WebLinkAboutOrdinance 7046Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7046
File Number: 2026-3464
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-0031
FOR APPROXIMATELY 3.92 ACRES LOCATED AT 1295 & 1299 WEST VAN ASCHE DRIVE IN WARD 2
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 20, 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: 939FABA1-7EE7-867A-811B-3E8008FD2849
Clabber Creek Trail
Proposed CS
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EXHIBIT A
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
LEGAL DESCRIPTION
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 27, ALL BEING LOCATED IN TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND ALL BEING MORE
PARTI CULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST VAN ASCHE
DRIVE WHICH IS S02°31'49"W 34.94' FROM THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27;
THENCE ALONG SAID RIGHT-OF-WAY S02°31'49"W 20.06'; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY S87°35'32"E 333.53'; THENCE LEAVING SAID RIGHT-
OF-WAY S02°31'05"W 532.75' TO AN EXISTING REBAR; THENCE S39°15'33"W
176.58' TO AN EXISTING RIGHT-OF-WAY MONUMENT ON THE EASTERN RIGHT-
OF-WAY OF INTERSTATE 49; THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING: N19°19'48"W 234.02' TO AN EXISTING RIGHT-OF-WAY MONUMENT;
N25°28'31"W 300.09' TO AN EXISTING RIGHT-OF-WAY MONUMENT; N23°33'56"W
80.18' TO AN EXISTING RIGHT-OF-WAY MONUMENT; N31°37'47"W 70.19' TO AN
EXISTING RIGHT-OF-WAY MONUMENT; N22°15'16"W 89.57' TO THE SOUTH
RIGHT-OF-WAY OF WEST VAN ASCHE DRIVE; THENCE ALONG SAID RIGHT-OF-
WAY S87°30'34"E 112.23' TO THE POINT OF BEGINNING, CONTAINING 3.92
ACRES, MORE OR LESS.
SUBJECT TO THAT PORTION IN WEST VAN ASCHE DRIVE MASTER STREET PLAN
RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND
SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
EXHIBIT B
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3464
MEETING OF OCTOBER 20, 2026
TO: Mayor Rawn and City Council
THROUGH: Jennifer Walker, Chief of Staff
FROM: Britin Bostick, Interim Development Services Director
SUBJECT: RZN-2026-0031: Rezoning (1295 & 1299 W VAN ASCHE DR/ JOSIE’S RENTALS LLC,
209 & 210): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property
located at 1295 & 1299 W. VAN ASCHE DR in Ward 2. The property is zoned R-A,
RESIDENTIAL, AGRICULTURAL and contains approximately 3.92 acres. The request
is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
ITEM VALUE
Staff Recommendation Approval
PC Recommendation Approval (7-0-0)
Current Zoning R-A
Requested Zoning CS
Acres 3.92
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 properties are in north Fayetteville on the south side of the intersection of W. Van Asche Dr. and
S. Mcguire St. The property contains four parcels totaling 3.92 acres which are currently zoned R-A,
Residential Agricultural. The parcels currently contain a 1,984 square-foot single-family home constructed in
1906, a 1,170 square-foot single-family home constructed in 1978, and associated outbuildings. Demolition
permits have been issued for the existing structures. The properties are subject to the I-540 Sign Overlay
District.
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.
Land Use Compatibility: From a current land use standpoint, the request is compatible with its immediate
surroundings. The property is surrounded by commercially zoned parcels, including a residential development
zoned CS approximately 350 feet to the east and a childcare facility directly north. The site is located on W.
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Van Asche Dr, which is designated as a Regional Link Street intended to support local and regional multimodal
traffic and low-density residential areas and open spaces. Further, the property is approximately half a mile
from interstate access. The CS district offers commercial and mixed-use development functions suitable along
major thoroughfares, and which appropriately correspond to the existing uses surrounding the property. Given
this surrounding character and access from a high-use corridor, staff finds that the commercial uses permitted
within CS would be suitable in this location and that additional types of residential would also be permitted,
potentially allowing higher density infill development.
Land Use Plan Analysis: Staff finds that the request is consistent with the Future Land Use Map designation
(Urban Center). Urban Center Areas allow for intense development patterns adjacent to major thoroughfares
with high visibility, conducive to the site’s immediate proximity to I-49. The mixed use encouraged by the
designation calls for sites that allow people to “live, work and shop in the same area,” which is not possible with
the current zoning. 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 an appropriate combination
between both the established commercial activities and residential areas. Allowing this zoning would
strengthen commercial connectivity along W Van Asche Dr and support City Plan 2040 Goal #3 by promoting
compact, complete, and connected development patterns. The proposed zoning would contribute to economic
activity by providing opportunities for a mix of services and housing.
City Plan 2040 Infill Matrix: City Plan 2040’s Infill Matrix indicates a score of 2-4 for this site. The following
elements of the matrix contribute to the score:
• Adequate Fire Response (Station 8, 2266 W. Deane St.)
• Near Water Main (12-inch line, W Van Asche Dr)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use
DISCUSSION:
At the September 28, 2026, Planning Commission meeting, Commissioners unanimously forwarded (7-0-0) the
request to City Council with a recommendation of approval. There were no public comments. There was limited
discussion by the Commission and the item was motioned and seconded for approval by Commissioners Brink
and Cabe.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3464
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-0031 FOR APPROXIMATELY 3.92 ACRES LOCATED AT 1295 & 1299 WEST VAN
ASCHE DRIVE IN WARD 2 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: 939FABA1-7EE7-867A-811B-3E8008FD2849
9/29/2026
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
2026-3464
Item ID
10/20/2026
City Council Meeting Date - Agenda Item Only
RZN-2026-0031: Rezoning (1295 & 1299 W VAN ASCHE DR/ JOSIE’S RENTALS LLC, 209 & 210): Submitted by
WATKINS, BOYER, GRAY & CURRY PLLC for property located at 1295 & 1299 W. VAN ASCHE DR. The property is
zoned R-A, RESIDENTIAL, AGRICULTURAL and contains approximately 3.92 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
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
MEETING DATE: September 14, 2026
SUBJECT: RZN-2026-0031: Rezoning (1295 & 1299 W VAN ASCHE DR/ JOSIE’S
RENTALS LLC, 209 & 210): Submitted by WATKINS, BOYER, GRAY &
CURRY PLLC for property located at 1295 & 1299 W. VAN ASCHE DR.
The property is zoned R-A, RESIDENTIAL, AGRICULTURAL and contains
approximately 3.92 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0031 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2026-0001 to City Council with a recommendation of approval.”
BACKGROUND:
The subject properties are in north Fayetteville on the southern side of the intersection of W. Van
Asche Dr. and S. Mcguire St. The property contains four parcels totaling 3.92 acres which are
currently zoned R-A, Residential Agricultural. The parcels currently contain a 1,984 square-foot
single-family home constructed in 1906, a 1,170 square-foot single-family home constructed in
1978, and associated outbuildings. Demolition permits have been issued for the existing
structures. The properties are subject to the I-540 Sign Overlay District. Surrounding land uses
and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North School C-2, Thoroughfare Commercial
South Undeveloped
Interstate N I-49
R-A, Residential Agricultural,
N/A
East Residential CS, Community Services
West Interstate N I-49 N/A
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.
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 1 of 15
September 28, 2026 | Updated with results
RZN-2026-0031
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has a road frontage along W. Van Asche Dr., a fully improved
regional link with asphalt paving, sidewalk and curb and gutter. Any street or
drainage improvements required in these areas would be determined at the time
of the development proposal.
Water: Public water is available to the subject property. There is an existing 12-inch water
main along the south side of W. Van Asche Dr.
Sewer: Sanitary Sewer is not available to the subject property. There are no known wet
weather sewer capacity issues identified in the City’s 2025 Sewer that appear in
the system.
Drainage: No portion of the property is FEMA Floodplain or the Hillside Hilltop Overlay
District, and the property does not contain protected streams or hydric soils.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 8, located at 2266 W. Deane St., protects this site. The property is located
approximately 2.8 miles from the fire station with an anticipated drive time of
approximately 6 minutes using existing streets. The anticipated response time
would be approximately 8.2 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 Urban Center Areas.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed-use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 2-4 for this
site with a weighted score of 4. The following elements of the matrix contribute to the score:
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 2 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
• Adequate Fire Response (Station 8, 2266 W. Deane St.)
• Near Water Main (12-inch line, W Van Asche Dr)
• Near Paved Trail (Clabber Creek Trail)
• 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
compatible with its immediate surroundings. The property is surrounded by
commercially zoned parcels, including a large-scale residential development
zoned CS approximately 350 feet to the east and a large childcare facility
directly north. The site is directly located on W. Van Asche Dr, which is
designated as a Regional Link Street intended to support local and regional
multimodal traffic and low-density residential areas and open spaces.
Further, the property is approximately half a mile from interstate access. The
CS district offers commercial and mixed-use development functions suitable
along major thoroughfares, and which appropriately correspond to the
existing uses surrounding the property. Given this surrounding character
and access from a high-use corridor, staff finds that the commercial uses
permitted within CS would be suitable in this location and that additional
types of residential would also be permitted, potentially allowing higher
density infill development.
Land Use Plan Analysis: Staff finds that the request is consistent with the
Future Land Use Map designation (Urban Center). Urban Center Areas allow
for intense development patterns adjacent to major thoroughfares with high
visibility, conducive to the site’s immediate proximity to I-49. The mixed use
encouraged by the designation calls for sites that allow people to “live, work
and shop in the same area,” which is not possible with the current zoning.
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 an appropriate combination between both the
established commercial activities and residential areas. Allowing this use
would strengthen commercial connectivity along W Van Asche Dr and
support 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.
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 more appropriately complements the surrounding
users and better meets the Future Land Use intentions of Urban Center
Areas.
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 3 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
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 uses. However,
staff does not find that the added density would appreciably increase traffic
danger or congestion at this location due to existing traffic and road capacity
at this location. W Van Asche drive is a fully improved Regional Link Street
with asphalt paving, sidewalk and curb and gutter which also provides
separated access for cyclists, pedestrians, and drivers.
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 increase the potential
population at the site due to the increases in allowable housing density, but
staff finds that this rezoning would not likely create undue burden on utility
capacities. Staff finds there are no known wet weather sewer capacity issues
identified in the City’s 2025 Sewer that appear in the system.
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-2026-0031 to City
Council with a recommendation of approval.
________________________________________________________________________
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 4 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
PLANNING COMMISSION ACTION: Required YES
Date: September 28, 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
• Long-Range Planning Memo
• Applicant Exhibits
o Request Letter
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 5 of 15
Brink
7-0-0
with a recommendation of
approval.
Cabe
X
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
VAN ASCHE DR VAN ASCHE DR
11
2
FULBR
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4949
F U L B R I G H T E X P Y
I-1
R-A
CPZD
RPZD
CS
C-3
C-2
UT
Regional Link
Neighborhood Link
Freeway/Expressway
Unclassified
Residential Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
RZN-2026-0031 1295 & 1299 W VAN ASCHE
DR N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 6 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
Clabber Creek Trail
Proposed CS
MC
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PAT
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HIGH
BANK DR
THORN
TRAIL CT
MOSSBACK
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9
VAN ASCHE DR VAN
ASCHE DR
4
9
I-1
R-A
C-2
UT
CS
Regional Link
Freeway/Expressway
Unclassified
Residential Link
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0031 1295 & 1299 W VAN ASCHE
DR
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
CS
R-A
3.9
0.0
Total 3.9 ac1:2,400
Current
0.0
3.9
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 7 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
49
49
VAN ASCHE DR
VAN ASCHE DR
2026 Imagery | Bowman | EagleView Technologies
Regional Link
Freeway/Expressway
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2026-0031 1295 & 1299 W VAN ASCHE DR N
0 225 450 675 900112.5
Feet
Subject Property
Undeveloped
Undeveloped
Commercial
Institutional
1:3,600
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 8 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
City
Neighborhood
Residential
Neighborhood
Urban Center
VAN ASCHE DR VAN ASCHE DR112
FULBR
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49
49
F U L B R I G H T E X P Y
Regional Link
Neighborhood Link
Freeway/Expressway
Unclassified
Residential Link
Planned Residential 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-2026-0031 1295 & 1299 W VAN ASCHE
DR N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 9 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
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
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 10 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
(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)
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
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Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
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
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
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 12 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
(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)
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 13 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
TO: Donna Wonsower, Senior Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: September 28, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0031
BACKGROUND:
The applicant requests to rezone approximately 3.92 acres from R-A, Residential Agricultural to
CS, Community Services. One long range planning document is relevant when evaluating this
request: City Plan 2040.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
• Goal 1 – We will make appropriate infill and revitalization our highest priority.
• Goal 2 – We will discourage suburban sprawl.
• Goal 3 – We will make compact, complete, and connected development the standard.
• Goal 6 – We will create opportunities for attainable housing.
City Plan 2040 carried forward goals from prior comprehensive plans and organized them into
six primary goals meant to focus the City’s efforts on appropriate infill that furthers a variety of
transportation options, supports the creation of attainable housing, and limits the amount of land
consumed by development on the City’s periphery, often termed “suburban sprawl”.
DISCUSSION:
Zoning History:
This property was annexed in 1967 (Ord. 1556). “Modern” zoning began on June 29, 1970
which enacted a new zoning map and zoning requirements. This map shows the subject
property as being zoned into the agricultural “A-1” zoning district, which was subsequently
translated to “R-A” with the adoption of the city’s Unified Development Code.
City Plan 2040 and Future Land Use Plan:
This area is designated as an Urban Center area, which “contain the most intense and dense
development patterns within the City.” This area supports mixed-use development and high-
density housing options. The request for CS aligns with goals 1, 2, 3, and 6 of City Plan 2040 by
creating opportunities for denser development and a variety of housing types and businesses in
an area already served by infrastructure.
Property History:
Demolition permits for buildings have been issued.
Planning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 14 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849
WATKINS, BOYER ,
GRAY & CURRY , PLLC
WILLIAM P. WATKINS, III, P.A.ATTORNEYS AT LAW
RONALD L. BOYER (O F C OU NSEL)
JENNIFER E. GRAY , P.A.* AM Y B E N SO N , PA R A LE G A L
ANDREW T. CURRY, P.A. WRITER’S DIRECT E-MAIL WHITNEY DUCKER, OFFIC E M GR.
WILL A. KELLSTROM , P.A. w kellstrom@watkinslawoffice.com MAR C ELA RIV ERO , ADM IN. ASST.
MIC HELLE FEN DLEY AN DREA BRENA, PARALEGAL
CATELYN J. GIBBS
* ALSO LICENSED IN MISSO URI
August 17, 2026
City of Fayetteville
Planning Department
125 W. Mountain St.
Fayetteville, AR 72701
Re:Application to Rezone Parcel Nos. 765-15804-005, 765-15804-004, 765-15820-000,
and 765-15817-000, W. Van Asche Dr., f rom R-A to CS.
Dear Planning Staff:
This firm has been retained to assist the applicant Josie’s Rentals, LLC (“Applicant”) with rezoning
of Washington County Parcel No(s). 765-15804-005, 765-15804-004, 765-15820-000, and 765-15817-000,
located on W. Van Asche Dr ., from R-A, Residential-Agricultural, to CS, Community Services.
The proposed rezoning is compatible with neighboring properties and will not unreasonably
adversely affect or conflict with surrounding land uses. The property is adjacent to Interstate 49 on the West
and CS-zoned property to the East. Specifically, the land to the East is currently being developed as a multi-
family use. Along the entire corridor between the Interstate and Gregg Ave., the majority of the properties
are zoned C-2 or C-3. Arguably, the existing zoning of R-A is not compatible with those existing zones.
Accordingly, the property is ripe for an increase in intensity, and a medium-high intensity form-based zone,
such as CS, is appropriate and harmonious with the surrounding area.
Thank you for considering this request for rezoning. If anything further is needed for this application,
please cont act me at 479-512-0014.
Sincerely,
WATKINS, BOYER,
GRAY & CURRY, PLLC
/s/ Will A. Kellstrom
Will A. Kellstrom
1106 WEST POPLAR STR EET REAL ESTATE, CONSTRUCTIO N & LIEN LAW , LAND USE & PLANNING
ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW , BANK IN G, BAN KRU PTCY
PH: 479-636-2168 CRIM IN AL LAW , FAM ILY LAW , GU AR DIANSHIPS, LANDLORD-TENANT
FX: 479-636-6098 ESTATE PLAN NING, ELDER LAW, PROBATE, TR UST LIT IG ATION
W WW .W ATKIN SLAWOFFICE.COM CIVIL LITIG ATION, COMM ERCIAL & CO NSUM ER DEBT COLLECTIONPlanning Commission
September 28, 2026
RZN-2026-0031 (JOSIE'S RENTALS LLC)
Page 15 of 15
Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849