Council approves rezoning of 1314 South Ellis to ‘urban neighborhood’; bill of assurance limits business hours

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Summary

After extensive public comment both for and against, Fayetteville City Council approved rezoning 1314 South Ellis Avenue from RMF-24 to Urban Neighborhood on July 1 and accepted a bill of assurance that restricts on-site commercial hours and bans vape stores.

FAYETTEVILLE, Ark. — The Fayetteville City Council on July 1 approved rezoning 1314 South Ellis Avenue from RMF-24 (residential multifamily, 24 units/acre) to UN (urban neighborhood), adopting an applicant-submitted bill of assurance that limits business operating hours and precludes certain retail types.

The council added and accepted a bill of assurance submitted to staff the same day, which contains two operative restrictions: businesses on the site may not operate between 11:01 p.m. and 5:59 a.m., and vape stores are expressly prohibited. Council recorded the amendment and then voted to approve the rezoning.

Planning staff recommended approval; the Planning Commission forwarded the request to council by a 7–1 vote. Staff noted that UN zoning removes a fixed density cap and relies on development-code standards rather than a numeric units-per-acre maximum. Supporters said the change would allow small-scale, walkable, neighborhood commercial and for-sale housing types such as townhouses. Opponents said the lot is in the middle of an established single-family block, raised parking and noise concerns and warned of incremental commercial intrusion.

Applicants Wesley Bates and Conrad Seemick told council they submitted a bill of assurance because neighbors had raised concerns about late-night operations. "We did submit a bill of assurance on operating hours," Bates said, describing a voluntary agreement to limit hours. Supporters at the meeting — including multiple neighborhood residents and local business owners — urged council to approve the new zoning to encourage small local builders and neighborhood-serving businesses. Dozens of speakers addressed council during a lengthy public-comment period; some residents who live adjacent to the parcel opposed the rezoning, citing parking constraints and worries about late-night noise.

Why it matters: The UN zoning district allows a broader set of neighborhood-serving commercial uses by right than the current multifamily district, removing a numeric density cap and enabling fee-simple townhouses and small mixed-use projects that supporters say are key to walkable, incremental infill development.

What’s next: With the bill of assurance adopted as part of the approval, any future business proposals on the site will be limited to the hours specified in the agreement; the council may revisit parking or other neighborhood issues through development-review or parking-permit programs if problems arise.