Board Of Adjustments

113 W. Mountain St. Fayetteville, AR 72701 Board of Adjustment Agenda City Hall Room 219 Monday, May 4, 2026 3:45 PM Members Chair Erin Adkins-Oury (Exp. 03/27) Vice Chair Jason Young (Exp. 03/28) Sam Ata (Exp. 03/27) Caroline Fox (Exp. 03/27) Peter Norman (Exp. 03/28) City Staff Planning Director Jessie Masters Assistant City Attorney Hannah Hungate Board of Adjustment May 4, 2026 Zoom Information Webinar ID: 856 0413 1511 Registration Link: https://fayetteville- ar.zoom.us/webinar/register/WN_igG3fWY0SaOOtQGVX51nOg Call to Order Roll Call MINUTES: Approval of the minutes from the April 6, 2026 meeting. Unfinished Business New Business 2. BOA-2026-0003: Board of Adjustment (2445 N HUGHMOUNT RD/D R HORTON - NW ARKANSAS LLC, 282): Submitted by DR HORTON for property located at 2445 N HUGHMOUNT RD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL & NS-G, NEIGHBORHOOD SERVICES GENERAL, and contains approximately 3.98 acres. The request is for a variance to build-to-zone requirements. Planner: Wesley Frank 3. BOA-2026-0005: Board of Adjustment (1909 N STEPHEN CARR MEMORIAL BLVD/SI PROPERTY INVESTMENTS LLC, 363): Submitted by SWOPE CONSULTING for property located at 1909 N STEPHEN CARR MEMORIAL BLVD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 4.23 acres. The request is for a variance from the front build-to zone. Planner: Jessica Masters 4. BOA-2026-0004: Board of Adjustment (200 S SKYLINE DR/ROY E HATCHER, 486): Submitted by CITY OF FAYETTEVILLE for property located at 200 S SKYLINE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.10 acres. The request is a variance to increase the building timeline from 18 months to 5 years. THIS ITEM HAS BEEN WITHDRAWN BY STAFF FOR PRESENTATION AT A LATER DATE. City of Fayetteville, Arkansas Page 2 Board of Adjustment May 4, 2026 Planner: Jessica Masters Announcements Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public hearings; a 72-hour notice is required. For further information or to request an interpreter, please call 479-575-8330. As a courtesy, please turn off all cell phones and pagers. City of Fayetteville, Arkansas Page 3  Board of Adjustment - Monday, April 6, 2026 Time: In: 3:45 PM Out: 6:38 PM Staff : □ Jessie Masters, Planning Director □ Donna Wonsower, Senior Planner □ Wesley Frank, Planner □ Citlali Samano, Planner □ Kit Williams, City Attorney □ Blake Pennington, Sr Assistant City Attorney □ Hannah Hungate, Assistant City Attorney Roll Call Meeting Minutes 2) BOA-2026-0002 3-02-2026 (Hannah's Candle Company) Young 1 1 1 Ata 1 1 1 Norman 1 1 1 Fox 1 1 1 Adkins-Oury 0 - - Agenda Consent New Motion To: Approve Approve Motion By: Fox Young Seconded: Young Ata Vote 4-0-0 3/1/2000 Staff's determination Notes overturned Public Comment: 0 24 TO: Board of Adjustment THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: May 4, 2026 SUBJECT: BOA-2026-0003: Board of Adjustment (2445 N. HUGHMOUNT RD/DR HORTON, 282): Submitted by DR HORTON for property located at 2445 N HUGHMOUNT RD. The property is zoned R-A, RESIDENTIAL, AGRICULTURAL & NS-G, NEIGHBORHOOD SERVICES, GENERAL, and contains approximately 3.98 acres. The request is for a variance to build-to- zone requirements. RECOMMENDATION: Staff recommends denial of BOA-2026-0003. RECOMMENDED MOTION: “I move to approve BOA-2026-0003.” BACKGROUND: The subject property is in northwest Fayetteville along N. Hughmount Rd. This 152-acre subject area was annexed into the City in 2020 (Ord. 6317) and was zoned that same year (Ord. 6326) – 91.79 acres zoned RSF-8, 47.89 acres to R-A, and 2.48 acres to NS-G. Much of the R-A zoned district is used to limit development in a FEMA-designated floodplain. The subject property was originally platted with the Hughmount South subdivision (FPL-2025-0007). The property is developed with a 2,100 sqft single-family home that was developed in 1994, according to Washington County records. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning R-A, Residential Agriculture; RSF-8, Residential North In Development – Hughmount Subdivision Single-Family, 8 Units per Acre; NS-G, Neighborhood Services- General South Undeveloped Washington County East Single-Family R-A, Residential Agriculture West In Development – Hughmount Subdivision RSF-8, Residential Single-Family, 8 Units per Acre DISCUSSION: Request: The applicant is requesting a variance to the build-to-zone requirement associated with the NS-G, Neighborhood Services-General zoning district. The applicant is proposing to place no portion of the single-family dwelling in a build-to-zone. Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON)  Table 2: Variance Request Variance Issue Requirement Proposal Variance A structure shall be 164 feet from the front Build-to-zone (N. Hughmount Rd) placed within 0-25 of 143 feet property line the front property line Public Comment: Staff has not received any public comment at this time. RECOMMENDATION: Staff recommends denial of BOA-2026-0003. Should the Board choose to approve this item, staff recommends the following conditions: Conditions of Approval: 1. The principal façade of the proposed single-family dwelling shall be oriented towards N. Hughmount Rd.; and 2. Approval of this variance is limited to the applicant’s request as described in this report; and 3. Approval of this variance does not grant approval of or entitlement to any other zoning or development variances. BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled Date: May 4, 2026 Motion: Second: Vote: City Plan 2040 Future Land Use Designation: Residential Neighborhood and Natural FINDINGS OF THE STAFF §156.02. ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: B. Requirements for Variance Approval. 1. Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; and Finding: Staff finds that the applicant has not met the threshold for undue hardship as the request to not place a building within the appropriate build-to-zone (BTZ) appears to stem from the design of the site rather than circumstances Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON)  unique to subject property. The property is split zoned R-A and NS-G, and the proposed building is located entirely within the NS-G portion. In this zoning district, a single-family dwelling must be located within the BTZ begins at the front property line and ends at 25 feet. In the proposal, the building is approximately 164 feet from the front property line, exceeding the 25-foot requirement. The applicant has stated that the intention is to match the characteristics of R-A-zoned property in the area, but staff finds there are no applicable physical limitations preventing the applicant from meeting the typical zoning requirement. The build-to zone is encumbered by two easements; however, they do not prevent with compliance. The applicant could seek a rezoning to a district that does not have a BTZ or build the dwelling within the required threshold, neither of which has been attempted. 2. Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance. Finding: Staff finds that granting the variance would not be in keeping with the spirit and intent of the zoning ordinance since it would allow for a dwelling to be built further from the BTZ. The NS-G zoning district’s BTZ requirement is designed to encourage the development of buildings closer to the public right-of-way to enhance the pedestrian interaction with their physical environment. Staff finds the requested variance would not be aligned with the intent of the NS-G zoning district since it would allow the proposed building to be approximately 164 feet from the front property line, with no portion of a building within the build-to-zone. If approved, staff recommends that principal façade shall be oriented towards the public right-of-way along N. Hughmount Rd. C. Minimum Necessary Variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant’s land, building or structure. Finding: Staff finds that the requested variance is not necessary to make reasonable use of the applicant’s land or proposed building. D. Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Should the Board choose to approve this variance, staff has recommended conditions of approval as outlined above. E. Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: None are requested. BUDGET/STAFF IMPACT: None Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON) ATTACHMENTS: • Unified Development Code o 161.19 NS-G, Neighborhood Services – General • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map • Staff Exhibit o Site Plan Showing BTZ And Existing Hardship fe • Request Letter • Conceptual Site Plan Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON) 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian-oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (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 (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development 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 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON)  Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side-Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build-to zone that is 5 feet A setback of less than 5 None 15 feet located between the feet (zero lot line) is front property line and a permitted on one line 25 feet from the interior side, provided a front property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—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. Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON)  N BOA-2026-0003 2445 N HUGHMOUNT RD One Mile View 0 0.13 0.25 0.5 Miles RSF-1 NC RSF-8 HUGHMOUNT RD Subject Property RSF-4 P-1 NS-G WHEELER RD MOUNT E RD COMFORT RD HIN SU NS R-A CS Regional Link Neighborhood Link Unclassified Residential Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area Planning Area Fayetteville City Limits Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON) BOA-2026-0003 2445 N HUGHMOUNT RD Close Up View CROSSVINE DR SUCCULENT ST Subject Property RSF-8 CROCUS MNR R-A NS-G ALLIUM ST ING RN MO T DR RD MIS UN T GHM RSF-4 O HU A AVE Neighborhood Link TUPE LO WAY MO NT AN N Unclassified Residential Link Planned Residential Link Feet Planning Area Fayetteville City Limits 0 75 150 300 450 600 Trail (Proposed) 1:2,400 Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON)  N BOA-2026-0003 2445 N HUGHMOUNT RD Current Land Use Single-Family Residential and Parkland Subject Property Undeveloped Single-Family Residential RD T OUN HU GHM Single-Family Residential WHEELER RD UNT MO RT RD O MF CO 2025 Imagery | EagleView Technologies | Surdex Corporation Neighborhood Link Unclassified Residential Link Planned Residential Link Feet Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1:3,600 Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON) H:\House Plans\_Plot Plan Design Files\Hughmount South\6028 LOT 52 BLK X (2612194R1).dwg 3/12/2026 9:30:05 AM Audit#: 5949 Easement SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF R-A Zoning SF SF SF SF SF SF SF SF SF SF SF SF SF SF 168 feet of NS-G Frontage SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF Easement DATE 3/12/26 STRAND 2612194R1 BUILDER DR Horton Northwest Arkansas 10003 Technology Blvd. West SUBD. Hughmount South SCALE 1"=20' PL1 Dallas, TX. 75220 3/12/26 LOT 52 BLOCK x DR'N M.x.x.S. 972-620-8204 ADDRESS 2445 N Hughmount Rd CITY Fayettevile, Arkansas Board of AdjustmentCOA NO: 1340 PLAN 6028 VER. May 4, 2026 The use of these plans and specifications shall be restricted to the site for which they were prepared. Any reproduction or distribution is expressly limited to such use. Any other reproduction, reuse or disclosure by any method, in whole or in part, is prohibited. These drawings and specifications contain proprietary information and title remains in STRAND SYSTEMS ENGINEERING INC. Item 2 BOA-2026-0003 (DR HORTON) To whom it may concern, D.R. Horton is requesting a variance for the removal of a BTZ across the front of the property located at 2445 N Hughmount Road in Fayetteville. The current parcel consists of two zones (R- A and NS-G). Under the NS-G zoning, the BTZ is a requirement, however D.R. Horton intends to build a single-family home where an existing abandoned single-family home is located. The new single-family home will be approximately 6,028 heated sqft. There will be no additional offsite parking needed. The special circumstances on this land are that the property is held under two zoning requirements for this parcel and want this to be held to the R-A zoning criteria to match the integrity of the surrounding R-A zoned properties. Other properties in this area are set back off Hughmount Road. D.R. Horton acquired this property with the current zoning pre- established, and with the fact of the flood zone and streamside protection zone, a single residence following R-A zoning on this property would be more fitting. Please see attached site plan for an approximate location of the future home. Best, Nye Carnahan Director of Construction, D.R. Horton AMERICA’S #1 HOMEBUILDER SINCE 2002 5502 West Walsh Lane Suite 201 • Rogers, AR 72758 | O: 479.334.0227 | drhorton.com/Arkansas/Northwest-Arkansas Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON) H:\House Plans\_Plot Plan Design Files\Hughmount South\6028 LOT 52 BLK X (2612194R1).dwg 3/12/2026 9:30:05 AM Audit#: 5949 SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF DATE 3/12/26 STRAND 2612194R1 BUILDER DR Horton Northwest Arkansas 10003 Technology Blvd. West SUBD. Hughmount South SCALE 1"=20' PL1 Dallas, TX. 75220 3/12/26 LOT 52 BLOCK x DR'N M.x.x.S. 972-620-8204 ADDRESS 2445 N Hughmount Rd CITY Fayettevile, Arkansas Board of AdjustmentCOA NO: 1340 PLAN 6028 VER. May 4, 2026 The use of these plans and specifications shall be restricted to the site for which they were prepared. Any reproduction or distribution is expressly limited to such use. Any other reproduction, reuse or disclosure by any method, in whole or in part, is prohibited. These drawings and specifications contain proprietary information and title remains in STRAND SYSTEMS ENGINEERING INC. Item 2 BOA-2026-0003 (DR HORTON) H:\House Plans\_Plot Plan Design Files\Hughmount South\6028 LOT 52 BLK X (2612194R1).dwg 3/12/2026 9:30:05 AM Audit#: 5949 Board of Adjustment May 4, 2026 Item 2 BOA-2026-0003 (DR HORTON)  BOARD OF ADJUSTMENTS MEMO TO: Board of Adjustment FROM: Jessie Masters, Planning Director MEETING DATE: May 4, 2026 SUBJECT: BOA-2026-0005: Board of Adjustment (1909 N STEPHEN CARR MEMORIAL BLVD/SI PROPERTY INVESTMENTS LLC, 363): Submitted by SWOPE CONSULTING for property located at 1909 N STEPHEN CARR MEMORIAL BLVD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 4.23 acres. The request is for a variance from the front build-to zone. RECOMMENDATION: Staff recommends denial of BOA-2026-0005. RECOMMENDED MOTION: “I move to approve BOA-2026-0005.” BACKGROUND: The subject property is in northwest Fayetteville, just west of the City of Fayetteville’s public safety campus on N. Stephen Carr Memorial Blvd. The property is zoned CS, Community Services and is located within the I-540 Overlay District. The property received its current zoning designation in two phases; the northern parcel was rezoned in 2019 and the southern portion in 2022. The property backs up to the I-49 Interstate. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North ARDOT Interchange N/A South Church R-A, Residential Agriculture East City of Fayetteville Public Safety Campus P-1, Institutional West ARDOT Interstate (I-49) N/A DISCUSSION: Request: The applicant requests a variance to 161.22, Community Services, which requires a front build-to zone to be located between 10 feet and 25 feet from the front property line. The Community Services zoning district also has a 50% minimum buildable street frontage requirement. Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  Table 2: Variance Request Variance Issue Requirement Proposal Variance 10-25 feet from front Approximately 71 feet Front build-to zone 100% property line from front property line Public Comment: Staff has not received any public comment. RECOMMENDATION: Staff recommends denial of BOA-2026-0005. Should the Board choose to approve this item, staff recommends the following conditions: Conditions of Approval: 1. Primary façade, or the façade that faces the street for any proposed buildings, must meet all design requirements as outlined by 166.24, Non-Residential Design Standards as if they were placed within the build-to-zone. 2. Public transit stop shall be coordinated and established with relevant transit agencies. 3. Approval of this variance does not grant approval of or entitlement to any other zoning or development variances. BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled Date: May 4, 2026 Motion: Second: Vote: City Plan 2040 Future Land Use Designation: Residential Neighborhood FINDINGS OF THE STAFF §156.02. ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: B. Requirements for Variance Approval. 1. Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; and Finding: Staff finds that the applicant has not adequately represented the site-specific conditions that prevent the construction of their proposed building within the build-to zone. There do not appear to be any encumbrances such as Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  easements, conflicting ordinances, or otherwise. Secondly, the design presented will require variances to other portions of code; by presenting the site plan as they have, the applicant will need to request additional design- related variances due to the placement of a drive aisle and associated parking in front of the structure. That said, there are some unique circumstances with the type of services being provided and the ultimate end user that the Board may want to consider. The United States Department of Veterans Affairs is the end user; while the federal government will only be leasing the space, if the property were owned by that entity, the City’s zoning ordinances would not apply. Further, many of the clients who will be using this space will be transported to this location using some form of non-vehicular transportation, or do not currently have access to vehicles. The applicant is showing an intent to provide an on-site bus stop, as well as provide a drive aisle in the front of the structure for a loading zone for those clients. The interior programming also has three separate entrances for the different needs that are being serviced. The structure will have a dual function as a community resource center for veterans, as well as an audiology clinic. The applicant’s team is working to provide multiple, clearly marked, separate entrances to each facility. Given the unique service provision and end user, staff finds the deviation from zoning may be justified, though the case for site-specific hardship is unclear. Finding that, staff does think that additional design iterations of the interior to help meet the underlying zoning district requirements as well as serve the patrons of the space could be provided that would not require the variance. 2. Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance. Finding: The spirit and intent of the CS zoning ordinance, as well as other form-based zoning districts in the City of Fayetteville, is to allow a wide-variety of uses while creating a pedestrian-friendly, walkable, and inviting urban environment. Code requires placement of the building’s principal façade within the build-to zone to meet that intent. Staff finds that allowing the applicant to develop the proposed structure outside of the build-to zone to serve their patrons who may be needing additional transportation support, such as paratransit or otherwise, may still serve and benefit the public interest, even if strict application of the code would require prioritization of pedestrians over vehicles. The applicant is, however, providing additional pedestrian-oriented elements, clear walkways, and a narrow, one-way drive aisle in the front of the structure to assist in that design intent. C. Minimum Necessary Variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant’s land, building or structure. Finding: Staff finds that the requested variance is not necessary to make reasonable use of the applicant’s land, though would provide a better alternative for the programmatic needs of the proposed end user. Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  D. Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Should the Board choose to approve this variance, staff has recommended conditions of approval as outlined above. E. Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: None are requested. BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o 161.22 Community Services o 164.06 Minimum Buildable Street Frontage • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map • Request Letter • Conceptual Site Plan • Interior Floor Plan 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 Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  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 (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 15 feet a single-family residential district (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) 164.06 Minimum Buildable Street Frontage (A) Purpose. The purpose of minimum buildable street frontage regulations is to ensure traditional town form by locating buildings and structures in the build-to zone adjacent to the street. Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC) (B) Lot with one street frontage. (1) Calculated by measuring the linear distance of the street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. (2) The minimum buildable street frontage requirement shall be met by locating the principal façade of the primary structure in the build-to zone. (3) If the minimum buildable street frontage requirement cannot be met by locating the principal façade of the primary structure in the build-to zone, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. … (Code 1991, §160.080; Code 1965, App. A, Art. 7(5); Ord. No. 1747, 6-29-70; Ord. No. 2380, 9-20-77; Ord. No. 5348, 9-7-10; Ord. No. 5592, 06-18-13) Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  N BOA-2026-0005 1909 N STEPHEN CARR One Mile View MEMORIAL BLVD CPZD 0 0.13 0.25 0.5 Miles DEANE SOLOMON RD RSF-4 SHILOH D R C-1 MOUNT COMFORT RD 49 NC STEPHEN CARR RI-U Subject Property R-A I-1 MEMORIAL BLVD RMF-24 49 R CS R TE DEANE ST RI-12 PO RD RMF-40 PORTER RD SANG AVE RMF-6 P-1 DR RMF-12 HI C-2 LO R-O H S Regional Link Neighborhood Link Institutional Master Plan Freeway/Expressway Unclassified Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area Planning Area Fayetteville City Limits Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC) BOA-2026-0005 1909 N STEPHEN CARR Close Up View MEMORIAL BLVD STEPHEN CARR MEMORIAL BLVD 49 DR H ILO 65 Mea SH MP Valle dow y Tr ail Midtown Trail RA R-A P 65 RAM IT 65 EX Subject Property I-1 49 CS P-1 N DE ER AN RMF-24 O RT E DEANE ST P RD ST Neighborhood Link Freeway/Expressway Residential Link Planning Area Fayetteville City Limits Feet Shared-Use Paved Trail 0 75 150 300 450 600 Trail (Proposed) Design Overlay District 1:2,400 Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  N BOA-2026-0005 1909 N STEPHEN CARR Current Land Use MEMORIAL BLVD Institutional DR 49 H O IL SH Subject Property Commercial 49 Institutional City of Fayetteville Police STEPHEN CARR MEMORIAL BLVD DE R AN R TE E DEANE ST Multi-Family Residential PO ST RD PORTER RD 2025 Imagery | EagleView Technologies | Surdex Corporation Neighborhood Link Freeway/Expressway Residential Link Planned Neighborhood Link Feet Trail (Proposed) Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits Design Overlay District 1:3,600 Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC) April 8th, 2026 City of Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, AR 72701 RE: Fayetteville VA Clinic Waiver Request, front build to requirement I am respectfully requesting a variance from the front build to requirement of the City of Fayetteville Unified Development Code (UDC) for the property located at 1909 N Stephen Carr Memorial Blvd. The requested variance would allow the proposed building to be set back approximately 50 ft beyond the required build to line to accommodate the VA drop-off entrance at the closest point to the proposed bus transit stop and passenger waiting area along the adjacent roadway. The requirement to "front" the proposed VA building to the major road would orient the back of the building to Stephen Carr Memorial Drive. However, this does not allow the VA transportation, or future regional transit, to pickup/drop-off passengers for front-door access. Front door access is required for proper check-in/check-out procedures as required by VA standard rules. Strict compliance with the front build to requirement creates a practical difficulty due to the site‑specific constraint of a VA operations, including pedestrian and passenger flow. Without the requested adjustment, an operating VA facility is not feasible with transit. The variance is not self‑imposed and is requested specifically to support public transportation infrastructure, and proper access to veterans' use of a local facility. Granting the variance aligns with the intent of the UDC and the City of Fayetteville’s goals for multimodal transportation, pedestrian safety, and transit‑supportive development. The setback variance will not adversely affect surrounding properties or alter the character of the area. It increases separation from Stephen Carr, improves safety, and enhances the functionality of the streetscape and overall facility. For these reasons, we respectfully request approval of the variance. Thank you for your time and consideration. Sincerely, Phil Swope, PE Project Engineer Swope Engineering 7 Halsted Circle • Suite 210 • Rogers, AR 72756 • 479.877.7388 Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  Board of Adjustment lEGENd FEaTuRE lINEs aNd suRvEy symbOls 6 ROW /202 4/30 PROPERTY LINE OFFSITE PROPERTY LINE CENTERLINE OF ROAD ROW RIGHT-OF-WAY X FENCE ACCESS EASEMENT X X X BUILDING SET BACK UTILITY EASEMENT X CURB AND GUTTER ASPHALT PAVEMENT May 4, 2026 SET/FOUND REBAR FENCE CORNER POST FOUND STONE X STATE MONUMENT SET/FOUND ALUM. MONUMENT 126.00' SET/FOUND COTTON SPINDLE 17.00' davE IRvINE SET / FOUND MAG NAIL FayETTEvIllE va ClINIC X 6.00' RAILROAD SPIKE BENCH MARK (ELEV.) FOUND PIPE 9.00' R5.00' R5.00' sITE dEvElOPEmENT PlaN X uTIlITy symbOls HaTCHEs Item 3 R44.00' CONCEPT PlaN FLARED END SECTION 9.00' R28.00' 1909 N sTEPHEN CaRR mEmORIal blvd. CURB INLET R20.00' R4.50' X AREA AREA INLET 19.00' ASPHALT 9.00' JUNCTION BOX 24.00' 26.01' GRATE INLET 24.00' 19.00' S SANITARY SEWER X R5.00' CONCRETE R3.00' S SEWER SERVICE R4.50' FayETTEvIllE, aR FIRE HYDRANT ASSEMBLY R28.00' 9.00' R20.00' 9.00' 9.00' BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC) WATER VALVE X R5.00' R5.00' R20.00' FLOOD ZONE VAN R5.00' VAN WM WATER SERVICE VAN MONUMENT SIGN 26.48' WM WATER METER 18.00' POWER POLE R20.00' GRAVEL X R28.00' LIGHT WET 25' ELECTRICAL BOX TELEPHONE PEDESTAL WET POND X GAS METER R3.00' THIS LEGEND MAY CONTAIN SOME SYMBOLS NOT VAN SHOWN WITHIN THE PLAN OR PLAT VIEW 20' X 6.00' R:\~sWOPE\25-300 FayETTEvIllE va ClINIC\CIvIl dRaWINGs\25-300 PR.dWG - PlOTTEd ON 4/30/2026 4:56:11 Pm @ a sCalE OF 1:1 TO dWG TO PdF.PC3 by dIRk THIbOdaux SS VAN R3.00' X PLANTER BENCH WETlaNds INFORmaTION FIRsT submITTal THERE ARE NO KNOWN WETLANDS ON THIS SITE. X PROPOSED CLIN ------------------- ------------------- IC 220.20' mIsCEllaNEOus INFORmaTION FFE: 1270.00 REvIsION ±26,064 SQ. FT. 6.00' 6.00' 83 PARKING SPAC DROP-OFF SS BASIS OF BEARING: X ES 25' AREA 12'x 5' BUS STOP SHELTER ARKANSAS STATE PLANE, BUS STOP APRON 04/16/2026 COORDINATE SYSTEM, (NAD-83) NORTH ZONE. BIKE RACK 22.00' daTE --------- --------- FlOOd INFORmaTION X THIS PROPERTY DOES NOT LIE IN ZONE 'X' (SPECIAL FLOOD HAZARD IAL BLVD. AREAS INUNDATED BY 100-YEAR FLOOD) AS DETERMINED FROM THE NO. 1 -- -- F.I.R.M. MAPS OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED AREAS, MAP NUMBER 05143c0204g, EFFECTIVE DATE JANUARY 25, 2024. X SS N. STEPHEN CARR MEMOR PROJECT ENGINEER ROAD-SIDE PARKING R3.00' ACCESSIBLE RAMP VAN 6.00' PHIL SWOPE, P.E. SWOPE CONSULTING T 7 HALSTED CIRCLE, SUITE 210 X SWOPE ROGERS, ARKANSAS 72756 Civil Engineeringand Land Surveying 479.685.8399 OFFICE DUMPSTER ENCLOSURE 25' RE: ARCH VAN X 18.00' SS VAN DETENTION POND 9.00' www.swope-consulting.com 9.00' 9.00' 9.00' 20.00' R5.00' R5.00' R28.00' X 56.00' R20.00' CONSULTING 9.00' R3.00' R20.00' R3.00' 24' 9.00' R5.00' 24.27' R28.00' R5.00' 9.00' R5.00' X 60.00' R28.00' 55.00' 17.00' 109.00' 6.00' X 20.00' X X X dRaWN by: JOb NumbER: X X X dIRk ####### X X X X submITTal daTE: CITy NumbER: X X X 04/16/2026 ######### X X dRaWING NamE: 25-300 PR.dWG sHEET NumbER: GRAPHIC SCALE ROW Know what's below. Call before you dig. 0 30' 1 inch = 30 feet 60' ####  Board of Adjustment May 4, 2026 Item 3 BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC)  Board of Adjustment lEGENd FEaTuRE lINEs aNd suRvEy symbOls 6 ROW /202 4/30 PROPERTY LINE OFFSITE PROPERTY LINE CENTERLINE OF ROAD ROW RIGHT-OF-WAY X FENCE ACCESS EASEMENT X X X BUILDING SET BACK UTILITY EASEMENT X CURB AND GUTTER ASPHALT PAVEMENT May 4, 2026 SET/FOUND REBAR FENCE CORNER POST FOUND STONE X STATE MONUMENT SET/FOUND ALUM. MONUMENT 126.00' SET/FOUND COTTON SPINDLE 17.00' davE IRvINE SET / FOUND MAG NAIL FayETTEvIllE va ClINIC X 6.00' RAILROAD SPIKE BENCH MARK (ELEV.) FOUND PIPE 9.00' R5.00' R5.00' sITE dEvElOPEmENT PlaN X uTIlITy symbOls HaTCHEs Item 3 R44.00' CONCEPT PlaN FLARED END SECTION 9.00' R28.00' 1909 N sTEPHEN CaRR mEmORIal blvd. CURB INLET R20.00' R4.50' X AREA AREA INLET 19.00' ASPHALT 9.00' JUNCTION BOX 24.00' 26.01' GRATE INLET 24.00' 19.00' 25'-0" S SANITARY SEWER X R5.00' CONCRETE R3.00' 10'-0" S 33'-6" SEWER SERVICE R4.50' FayETTEvIllE, aR FIRE HYDRANT ASSEMBLY R28.00' 9.00' R20.00' 9.00' 9.00' BOA-2026-0005 (SI PROPERTY INVESTMENTS LLC) WATER VALVE X R5.00' R5.00' R20.00' FLOOD ZONE VAN R5.00' VAN WM WATER SERVICE VAN MONUMENT SIGN 26.48' WM WATER METER 18.00' POWER POLE R20.00' GRAVEL X R28.00' LIGHT WET 25' ELECTRICAL BOX TELEPHONE PEDESTAL WET POND X GAS METER R3.00' THIS LEGEND MAY CONTAIN SOME SYMBOLS NOT VAN SHOWN WITHIN THE PLAN OR PLAT VIEW 20' X 6.00' R:\~sWOPE\25-300 FayETTEvIllE va ClINIC\CIvIl dRaWINGs\25-300 PR.dWG - PlOTTEd ON 4/30/2026 4:56:11 Pm @ a sCalE OF 1:1 TO dWG TO PdF.PC3 by dIRk THIbOdaux 25'-0" SS VAN R3.00' X 10'-0" 33'-6" PLANTER BENCH WETlaNds INFORmaTION 35'-1" FIRsT submITTal THERE ARE NO KNOWN WETLANDS ON THIS SITE. X STAFF EXHIBIT PROPOSED CLIN 70'-10 3/4" ------------------- ------------------- IC 220.20' mIsCEllaNEOus INFORmaTION FFE: 1270.00 REvIsION ±26,064 SQ. FT. 6.00' 6.00' 83 PARKING SPAC DROP-OFF SS BASIS OF BEARING: X ES 25' AREA 12'x 5' BUS STOP SHELTER ARKANSAS STATE PLANE, BUS STOP APRON 04/16/2026 COORDINATE SYSTEM, (NAD-83) NORTH ZONE. BIKE RACK 22.00' daTE --------- --------- FlOOd INFORmaTION X THIS PROPERTY DOES NOT LIE IN ZONE 'X' (SPECIAL FLOOD HAZARD IAL BLVD. AREAS INUNDATED BY 100-YEAR FLOOD) AS DETERMINED FROM THE NO. 1 -- -- F.I.R.M. MAPS OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED AREAS, MAP NUMBER 05143c0204g, EFFECTIVE DATE JANUARY 25, 2024. X SS N. STEPHEN CARR MEMOR PROJECT ENGINEER ROAD-SIDE PARKING R3.00' ACCESSIBLE RAMP VAN 6.00' PHIL SWOPE, P.E. SWOPE CONSULTING T 7 HALSTED CIRCLE, SUITE 210 X SWOPE ROGERS, ARKANSAS 72756 Civil Engineeringand Land Surveying 479.685.8399 OFFICE DUMPSTER ENCLOSURE 25' RE: ARCH VAN X 18.00' SS VAN DETENTION POND 9.00' www.swope-consulting.com 9.00' 9.00' 9.00' 20.00' R5.00' R5.00' R28.00' X 56.00' R20.00' CONSULTING 9.00' R3.00' R20.00' R3.00' 24' 9.00' R5.00' 24.27' R28.00' R5.00' 9.00' R5.00' X 60.00' R28.00' 55.00' 17.00' 109.00' 6.00' X 20.00' 25'-0" 10'-0" 33'-6" X X X dRaWN by: JOb NumbER: X X X dIRk ####### X X X X submITTal daTE: CITy NumbER: X X X 04/16/2026 ######### X X dRaWING NamE: 25-300 PR.dWG sHEET NumbER: GRAPHIC SCALE ROW Know what's below. Call before you dig. 0 30' 1 inch = 30 feet 60' ####