HomeMy WebLinkAboutOrdinance 6839 4. _ IIIIIIIIIIIIIIIIIIIIIIIiii!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllll/II!
Doc ID: 021983010003 Type: REL
�Il,gc�u I Kind: ORDINANCE
Recorded: 02/27/2025 at 08:47:27 AM
Fee Amt: $25.00 Pape 1 of 3
Kyle iSylvesternCingtn rcuit Clerk
AKAws`'
113 West Mountain Street File2025-0400467 8
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6839
File Number: 2025-87
REZONING-2024-0063: (245 S. HAPPY HOLLOW RD./CRIST,526):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-63 FOR
APPROXIMATELY 2.47 ACRES LOCATED AT 245 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FROM RSF-
4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE-FAMILY,
EIGHT UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single-Family, Four Units Per Acre to RSF-8, Residential
Single-Family,Eight Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on February 4,2025
Approved: Attest:
ifc'Vta—a0(1C
Molly Rawn,Mayor Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,
Arkansas.Amount Paid: $95.76
Page 1
RZN-2024-0063
Close Up View
Alley
Residential Link
Hillside -Hilltop Overlay District
Planning Area
_ ! Fayetteville City Limits
245 S. HAPPY HOLLOW RD I Exhibit 'A'
RZN-2024-0063
ACACIA-XING,
a
j RSF-8
BUSHWACKER
ST�9,/
p40DOCK LOOP 2OI
z
Subject Property
RS
RSF-4
Feet
0 75 150 300 450 600
1:2,400
AL
NORTH
Zone Current Proposed
RSF-4 2.5 0.0
RSF-8 0.0 2.5
Total 2.5 ac
Exhibit 'B'
RZN-2024-0063
LEGAL DESCRIPTION (PARCEL NO. 765-14310-000)
WASHINGTON COUNTY INSTRUMENT 2024-09533
PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
14,TOWNSHIP 16 NORTH, RANGE 30 WEST,WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT: BEGINNING AT A
POINT WHICH IS 811.3 FEET SOUTH OF THE NORTHEAST CORNER OF SAID 40
ACRE TRACT AND RUNNING THENCE S89°39'W ALONG AN EXISTING FENCE 660
FEET;THENCE SOUTH 165 FEET;THENCE N89°39'E ALONG AN EXISTING FENCE
660 FEET;THENCE NORTH 165 FEET TO THE POINT OF BEGINNING, CONTAINING
2.50 ACRES,MORE OR LESS.SUBJECT TO THE RIGHT-OF-WAY OF A ROAD ACROSS
THE EAST END THEREOF.
LESS&EXCEPT:
PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
14,TOWNSHIP 16 NORTH, RANGE 30 WEST,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,TO-WIT COMMENCING AT THE NE COMER OF THE NW,
SW OF SECTION 14,THENCE S02°52'34"W 816.17 FEET TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF S. HAPPY
HOLLOW ROAD;THENCE SOUTHERLY ALONG SAID RIGHT OF WAY TO THE
SOUTH LINE OF PARCEL NO. 765-14310-000;THENCE N85°44'52"W 5,72 FEET;
THENCE NORTHERLY TO THE NORTH LINE OF SAID PARCEL NO. 765-14310-000;
THENCE S87°11'12"'E 8.08 FEET TO THE POINT OF BEGINNING. AS SHOWN IN
WARRANTY DEED FILED SEPTEMBER 7, 20203 IN/AS DOCUMENT 2023-23516.
Washington County, AR
I certify this instrument was filed on
02/27/2025 08:47:27 AM
and recorded in Real Estate
File Number 2025-00004678
Kyle Sylvester- Circuit Clerk
by � .:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 4, 2025
CITY COUNCIL MEMO
2025-87
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
SUBJECT: RZN-2024-0063: Rezoning (245 S. HAPPY HOLLOW RD/CRIST, 526): Submitted by
HOPE CONSULTING for property located at 245 S. HAPPY HOLLOW RD. in WARD 1.
The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE and contains approximately 2.47 acres. The request is to rezone the property
to RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE.
RECOMMENDATION:
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 located in east Fayetteville, approximately 1/8 of a mile south of Mount Sequoyah
Woods on S. Happy Hollow Rd. The property contains one parcel totaling 2.47 acres, which contains a 1,497-
square-foot single-family dwelling constructed in 1951. No hydric soils, protected streams, or FEMA-
designated floodplain are present on site, and the property is not part of any master plan area. The property is
partially encumbered by the Hillside -Hilltop Overlay District.
Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units Per
Acre To RSF-8, Residential Single -Family, Eight Units Per Acre.
Public Comment: One member of the public emailed in opposition to the proposed rezoning, citing negative
impact to the environment, steep and irregular topography, hydrologic features, and existing canopy.
Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses. While
immediately surrounded by RSF-4 on three sides, the property is less than 200 feet from both the Paddock Rd
neighborhood (NC and RSF-8) and the Cliffside neighborhood aka Timber Trails (R-A, Residential Agricultural
and RI-U, Residential -Intermediate Urban). The property is also less than 800 linear feet from Happy Hollow
Elementary School. RSF-8 would decrease lot widths from 70 feet to 50 feet for single-family dwellings and
would also decrease lot area maximums from 8,000 square feet to 5,000 square feet. Permitted uses are
identical. Staff finds that the proposed rezoning is a modest increase in density and that this increase is in line
with both the existing developments and the presence of the school.
Land Use Plan Analysis: Staff finds that a rezoning to RSF-8 for the subject property would be consistent with
the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Residential Neighborhood. These areas are intended to support a wide variety of housing types in walkable
urban neighborhoods. Additionally, these areas are intended to be primarily residential in proximity with low -
intensity commercial uses on corners and connecting corridors. A rezoning to RSF-8 would align with City Plan
2040 goals 1 (infill), 2 (discourage suburban sprawl), 3 (compact, complete, and connected development), 4
(livable transportation network) and 6 (opportunities for attainable housing) by placing additional housing at a
moderately more dense increment, within walking distance of an existing school, as well as parks and trails.
Additionally, the property has an infill score of 4-7 which indicates that it is a suitable location for an increased
scale of development.
City Plan 2040's Infill Matrix indicates a score of 4-7 for this site. The following elements of the matrix
contribute to the score:
1. Adequate Fire Response (Station 3, located at 1050 S. Happy Hollow Rd.)
2. Near Sewer Main (8-inch main in S. Happy Hollow Rd.)
3. Near Water Main (2.25-inch main in S. Happy Hollow Rd.)
4. Near Public School (Happy Hollow Elementary)
5. Near City Park (Mount Sequoyah Woods)
6. Near Paved Trail (The Cliffs Trail)
7. Near ORT Bus Stop (Happy Hollow & 4th St, Stop 19698)
DISCUSSION:
At the January 13, 2025 Planning Commission meeting, a vote of 6-1-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Garlock voted against the rezoning, citing the low infill
score. Two members of the public spoke in opposition to the request, citing concerns with environmental
impacts, construction, and increased traffic.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-87
RZN-2024-0063: Rezoning (245 S. HAPPY HOLLOW RD/CRIST, 526): Submitted by HOPE
CONSULTING for property located at 245 S. HAPPY HOLLOW RD. in WARD 1. The property
is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 2.47 acres. The request is to rezone the property to RSF-8, RESIDENTIAL
SINGLE-FAMILY, EIGHT UNITS PER ACRE.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-63 FOR APPROXIMATELY 2.47 ACRES LOCATED AT 245 SOUTH HAPPY HOLLOW
ROAD IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE
TO RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, Four
Units Per Acre to RSF-8, Residential Single -Family, Eight Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2025-87
Item ID
2/4/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/17/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2024-0063: Rezoning (245 S. HAPPY HOLLOW RD/CRIST, 526): Submitted by HOPE CONSULTING for property
located at 245 S. HAPPY HOLLOW RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contains approximately 2.47 acres. The request is to rezone the property to RSF-8,
RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: January 13, 2025 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2024-0063: Rezoning (245 S. HAPPY HOLLOW RD/CRIST, 526):
Submitted by HOPE CONSULTING for property located at 245 S. HAPPY
HOLLOW RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 2.47 acres.
The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-
FAMILY, EIGHT UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0063 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"l move to forward RZN-2024-0063 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in east Fayetteville, approximately 1/8 of a mile south of Mount
Sequoyah Woods on S. Happy Hollow Rd. The property contains one parcel totaling 2.47 acres,
which contains a 1,497-square-foot single-family dwelling constructed in 1951. No hydric soils,
protected streams, or FEMA-designated floodplain are present on site, and the property is not
part of any master plan area. The property is partially encumbered by the Hillside -Hilltop Overlay
District. Surrounding land uses and zoning are depicted below in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, Four Units Per Acre
South
Undeveloped
RSF-4, Residential Single -Family, Four Units Per Acre
East
Undeveloped
NC, Neighborhood Conservation
West
Single -Family Residential
RSF-4, Residential Single -Family, Four Units Per Acre
Request: The request is to rezone the subject property from RSF-4, Residential Single -Family,
Four Units Per Acre To RSF-8, Residential Single -Family, Eight Units Per Acre.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: This property has frontage to S. Happy Hollow Rd., an improved residential link
with asphalt paving, curb and gutter, storm drain, greenspace, and sidewalk. Any
street or drainage improvements required in these areas will be determined at the
time of development proposal.
Water: Public water is available to the subject area. There is an existing 2.25-inch water
main present along S. Happy Hollow Rd, which is currently being upgraded to an
8-inch line as part of a subdivision being built along the east side of the street. This
property will have access to that water main once it is accepted by the city.
Sewer: Sanitary Sewer is not available to the subject property. It shall be the
responsibility of the developer to extend a gravity sanitary sewer main to this
property at the time of development. The nearest public sanitary sewer main is
available approximately 130 linear feet south of this property along the east side
of S. Happy Hollow Rd.
Drainage: No protected streams, FEMA Floodplain, or hydric soils are identified on the
subject property. The western half of the subject property lies within the Hillside -
Hilltop Overlay District. Additional restrictions will apply at the time of development.
Engineered footing designs will be required at the time of building permit submittal,
as well as grading, erosion control and abbreviated tree preservation plans.
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 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 0.6 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district, RSF-8, Residential Single -Family, Eight Units Per
Acre, requires 20% minimum canopy preservation. The current zoning district,
RSF-4, Residential Single -Family, Four Units Per Acre, requires 20% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 2 of 14
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4-7 for this
site with a weighted score of 7 at the highest level. The following elements of the matrix contribute
to the score:
• Adequate Fire Response (Station 3, located at 1050 S. Happy Hollow Rd
• Near Sewer Main (8-inch main in S. Happy Hollow Rd.)
• Near Water Main (2.25-inch main in S. Happy Hollow Rd.)
• Near Public School (Happy Hollow Elementary)
• Near City Park (Mount Sequoyah Woods)
• Near Paved Trail (The Cliffs Trail)
• Near ORT Bus Stop (Happy Hollow & 4th St, Stop 19698)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds that the requested rezoning is compatible
with surrounding land uses. The subject property is located in east
Fayetteville, approximately 1/8 of a mile south of Mount Sequoyah Woods on
S. Happy Hollow Rd. While immediately surrounded by RSF-4 on three sides,
the property is less than 200 feet from both the Paddock Rd neighborhood
(NC and RSF-8) and the Cliffside neighborhood aka Timber Trails (R-A,
Residential Agricultural and RI-U, Residential -Intermediate Urban). The
property is also less than 800 feet from the Happy Hollow Elementary School.
RSF-8 would decrease lot widths from 70 feet to 50 feet for single-family
dwellings and would also decrease lot area maximums from 8,000 square
feet to 5,000 square feet. Permitted uses are identical. Staff finds that the
proposed rezoning is a modest increase in density and that this increase is
in line with both the existing developments and the presence of the school.
Land Use Plan Analysis: Staff finds that a rezoning to RSF-8 for the subject
property would be consistent with the City's adopted land use plans. City
Plan 2040's Future Land Use Map designates the property as Residential
Neighborhood. These areas are intended to support a wide variety of
housing types in walkable urban neighborhoods. These areas are intended
to be primarily residential in neighborhood with low -intensity commercial
uses on corners and connecting corridors. A rezoning to RSF-8 would align
with City Plan 2040 goals 1 (infill), 2 (discourage suburban sprawl), 3
(compact, complete, and connected development), 4 (livable transportation
network) and 6 (opportunities for attainable housing) by placing additional
housing within walking distance of an existing school, as well as parks and
trails. Additionally, the property has a moderate infill score of 4-7 which
indicates that it is a suitable location for an increased scale of development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified since the RSF-8 district
would allow incremental development in close proximity to an existing
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 3 of 14
school. Staff also finds the rezoning to be aligned with existing zoning and
development patterns in the area and consistent with the city's future land
use plans.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RSF-4 to RSF-8 has the potential to moderately increase
vehicular traffic in the area when considering that the property is 2.47 acres
in size. From a density perspective, the maximum number of dwelling units
would increase from 9 units to 19 units with the proposed rezoning.
However, staff finds the total number of units would also be limited by other
factors such as drainage, tree preservation, landscaping, and parking
requirements, as well as the need for access and utilities. Between 2017 and
2021, no traffic crashes were reported adjacent to the subject property.
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: The proposed rezoning has the potential to slightly alter the population
density since it would allow for more intense residential development.
However, the property currently has access to public streets, water, and
sewers, and any necessary improvements would be determined at the time
of development. Fayetteville Public Schools did not comment on this
request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0063 to City Council
with a recommendation of approval.
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 4 of 14
PLANNING COMMISSION ACTION
Date: January 13, 2025
Motion: GULLEY
Second:PAYNE
O Tabled
Vote: 6-1-0 (GARLOCK OPPOSED
Required YES
® Forwarded O Denied
MOTION TO FORWADRD TO CITY COUNCIL WITH A
RECOMMENDATION OF APPROVAL
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
o §161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Public Comment Received After Packet Creation
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 5 of 14
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of
low density detached dwellings in suitable environments, as well as to protect existing development
of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 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 9
Two-family dwellings
Unit
12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
81000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(Supp. No. 35)
Created: 2025-01-02 08:10:41 [EST]
Page 1 of 4
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 6 of 14
(E) Setback Requirements.
Front
Side
Rear
15 feet
5 feet
15 feet
(F) Building Height Regulations.
Building Height Maximum 13 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot. Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-
06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord.
No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A),
11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427
(Sunset Clause) and Ord. No. 6625 (extending 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 December 31, 2024, unless prior to that date the City
Council amends this ordinance to repeal or further amend this sunset, repeal and termination
section.
(Supp. No. 35)
Created: 2025-01-02 08:10:41 [EST]
Page 2 of 4
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 7 of 14
161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into
conformity and to allow for the development of new single family residential areas with similar lot
size, density, and land use as the historical neighborhoods in the downtown area.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 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 9
Two-family dwellings
Unit
12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
By Right
Single-family dwelling units
per acre
8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family
50 feet
Two 2 family
50 feet
Townhouse, no more than
two (2) attached
25 feet
(2) Lot Area Minimum.
Single-family
5,000 square feet
Two-family
5,000 square feet
(Supp. No. 35)
Created: 2025-01-02 08:10:41 [EST]
Page 3 of 4
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Paqe 8 of 14
(3) Land Area Per Dwelling Unit.
Single-family
5,000 square feet
Two-family
5,000 square feet
Townhouse, no more than
two 2 attached
2,500 square feet
(E) Setback Requirements.
Front
Side
Rear
15 feet
5 feet
5 feet
(F) Height Regulations.
Building Height Maximum 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except
when a detached garage exists or is proposed; then the area occupied by all buildings shall not
exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be
considered buildings.
(Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord.
No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427
(Sunset Clause) and Ord. No. 6625 (extending 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 December 31, 2024, unless prior to that date the City
Council amends this ordinance to repeal or further amend this sunset, repeal and termination
section.
(Supp. No. 35)
Created: 2025-01-02 08:10:41 [EST]
Page 4 of 4
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
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11-11OPE
C O N S U L T I N G
December 20, 2024
City of Fayetteville — Development Services
125 West Mountain Street
Fayetteville, AR 72701
u9 NORTH MAIN ST=, BENTON, ARKANSAS 7aoi5
T:(5oi)3i5-2626 E:www.HOPECONsuLTING.com
245 South Happy Hollow Road (Parcel No. 765-14310-000) Rezone Narrative Letter
Dear Planning Staff,
Please let this letter serve as a narrative for the submission of 245 South Happy Hollow Road Rezoning request
The property is currently zone RSF-4, Residential Single Family — Four Units per Acre, and consists of 2.47
Acres. Along with the current zoning, the subject property has portions of the land within the Enduring Green
Network, and Hillside/Hilltop Overlay District The natural topography of the site slopes east across the
property to a natural drainage swale that runs from north to south.
We are seeking to rezone this property from its current RSF-4, Residential Single Family — Four Units per Acre,
to RSF-8, Residential Single Family — Eight Units per Acre. The proposed rezoning of RSF-8 would not
unreasonably adversely impact the neighboring properties or conflict with the surrounding land uses. This is
because RSF-8 is consistent and compatible with the current surrounding land use of the neighboring properties.
The Pine Hollow Subdivision to the East, currently under construction, is zoned NC — Neighborhood
Conservation, which has a density of Ten Units per Acre. The subdivision to the North of the property is
zoned both NC -Neighborhood Conservation and RSF-8 — Residential Single Family — Eight Units per Acre.
Rezoning the property to RSF-8 is consistent and compatible with the current land uses of these neighboring
subdivisions that have equal or higher density than RSF-8. Additionally, rezoning the property to RSF-8 is also
consistent and compatible with the zoning of the properties to the west and south, which are RSF-4, because
RSF-8 and RSF-4 are both within the single-family residential classification. The requested rezoning will not
change the residential nature of the area.
Given that two of the neighboring properties are subdivisions with equal to or higher density to RSF-8, rezoning
the property to RSF-8 is not in conflict with the surrounding land use. The rezoning also would not
unreasonably impact any of the neighboring properties since the RSF-8 does not change the single-family
residential classification. The single-family residential land use of this overall area will be maintained.
For the reasons stated herein, we request that the property be rezoned from RSF-4, Residential Single Family -
Four Units per Acre to RSF-8, Residential Single Family — Eight Units per Acre.
Please feel free to contact me if you have any questions or concerns with this rezone request
Sincerely,
Dillon Bentley, P.E.
NWA Lead Engineer
Hope Consulting
SURVEYORS I ENGINEERS I PLANNERS
Planning Commission
January 13, 2025
RZN-2024-0063 (CRIST)
Page 10 of 14
Wonsower, Donna
From: Andrew Brill <andrew_brill@yahoo.com>
Sent: Monday, January 13, 2025 8:00 PM
To: Wonsower, Donna
Subject: Re: 245 S. Happy Hollow Rd.
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Thank you, Ms. Wonsower. I went for an hour tonight but things were moving slow and I haven't received
the zoom link so maybe unable to join that way as well. The point I was planning to convey was this:
While I am in favor figuring out ways to provide walkable housing for happy hollow school, ultimately I am
urging caution rather than quick approval.
In the narrative report provided by Hope Consulting, the basic argument was that the units on the north
and the east are similar zoning and thereby, it should be approved. I would suggest rather that because
the plots to the north and the east are similar zoning and thereby, the city has already significantly
increased the vehicular traffic in this area already on what is only a two lane road and is adjacent to
Mount Sequoyah woods. Furthermore, the second subdivision, which is the bigger of the two, has not
been completed so there's no evidence on how that will affect things.
You're going from 1 current unit (though zoned for 9) to potentially 19. That's a substantial change on an
area that is both a natural habitat and already undergoing substantial development so I would urge
caution.
Thank you for your consideration,
Andrew Brill
On Jan 13, 2025, at 3:24 PM, Wonsower, Donna <dwonsower@fayetteville-ar.gov> wrote:
Mr. Brill,
I am unable to edit the online packet prior to tonight's meeting but will forward your email to the
commissioners for their consideration and will ensure it is added to the final packet. Thank you for
your comment!
Best Regards,
Donna Wonsower, AICP
Planner, Development Services
479-575-8358
Website I Facebook I Twitter I Instagram I YouTube
<image001.png>
<image002.png>
From: Andrew Brill <andrew_brill@yahoo.com>
Sent: Monday, January 13, 2025 3:19 PM
To: Wonsower, Donna <dwonsower@fayetteville-ar.gov>
Subject: 245 S. Happy Hollow Rd.
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Ms. Wonsower-
I'm going to try and make it to the planning commission meeting tonight, but I'm trying to squeeze it in around my son's basketball game, so I
may not be able to be there when the agenda item on 245 S. Happy Hollow Rd. is discussed.
I live at 299 S. Happy Hollow Rd., so my property borders the proposed rezoned land. I have concern around the proposed rezoning on two
fronts: 1) The reduction of Mt. Sequoyah/Mt. Sequoyah adjacent natural land/tree coverage; 2) The increased traffic along Happy Hollow Rd.
In recent years, there has been a multi -housing developmentjust north of the proposed development as well as on the opposite side of
Happy Hollow (currently under construction). To add a third multi -property development on the street reduces significantly the natural
landscape and increases significantly the number of people and cars in a predominately single-family home area.
To this end, I would urge the planning commission to move cautiously regarding this proposed rezoning. Thank you for your consideration,
Andrew Brill
andrew brill(cDyahoo.com
479.871.1650
1 /10/25, 4:32 PM Mail - Harrison, Gretchen - Outlook
Eli Outlook
245 Happy Hollow rd., Proposed density increase
From Thomas McGilvery <macmcgilvery66@gmail.com>
Date Fri 1/10/2025 3:59 PM
To Harrison, Gretchen <gharrison@fayetteville-ar.gov>
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
We would like to voice our concerns regarding the proposed increased density and development of
the property at 245 South Happy Hollow rd, Fayetteville, AR 72701. We are T. A. (Mac) and Karen
McGilvery and own the property immediately to the west of the property in question. Street address
1596 E. Tanager In.
We have several concerns with the development as proposed; 8 family units per acre on 2.47 acres. In
our opinion, 16 to 20 units on this plot of land would be devastating to the natural habitat for several
reasons. 1) the steep and irregular topography along the west end in particular. 2) There is a creek that
is part of the "green space" preserved in the current development to the north that flows onto the
proposed property. That development is along E Acacia Crossing and S. Paddock Loop roads.
Shouldn't this green space be extended to accommodate the drainage? There is also a small pond in
the west central part of the property 3) Significant regrading will be required, in particular along the
steepest portion along the west end of the property. This will likely result in removal of a majority of
the natural forest that includes red oak, post oak, hickory, and juniper trees. In our opinion the heavily
wooded portion along the west 20-25% of the property should be preserved "as is" to provide wildlife
habitat that ultimately connects to the Sequoya Preserve. Substantial development is already ongoing
along the Happy Hollow street corridor which is certainly beneficial to the development of the City of
Fayetteville. That said, can development of the property in question be restricted to the eastern half
facing Happy Hollow in order to preserve tree canopy and natural habitat to the west?
We appreciate your consideration of our concerns. Thanks so much.
Mac and Karen McGilvery
https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2YiliMW11LWQ3YzUOZjQ1 MzEzNQAQAK49RAyZiY1MjypYOwFww5o%3D 1/1
RZN-2024-0063
One Mile View
245 S. HAPPY HOLLOW RD
0 0.13 0.25 0.5 Miles
i
Mrmw-
--------------
____
t� l I Subject Property , --- r- - _
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Illililim Neighborhood Link
illillillilim Regional Link - High Activity
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Alley
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— — Trail (Proposed)
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January 13, 2025
RZN-2024-0063 (CRIST)
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RZN-2024-0063
Close Up View
Alley
Residential Link
Hillside -Hilltop Overlay District
Planning Area
_ ! Fayetteville City Limits
245 S. HAPPY HOLLOW RD
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Feet
0 75 150 300 450 600
1:2,400
f=
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Zone Current Proposed
RSF-4 2.5 0.0
RSF-8 0.0 2.5
Total 2.5 ac
January 13, 2025
RZN-2024-0063 (CRIST)
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' 1 11•
Current-
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Planning Area
• 112.5 225 450 675
•••
1:3,600
RZN-2024-0063
Future Land Use
245 S. HAPPY HOLLOW RD
Residential
Neighborhood
:LEA
1A
Regional Link
Neighborhood Link
Regional Link - High Activity
— Unclassified
Alley
— Residential Link
1 - -1 Planning Area
! Fayetteville City Limits
— — Trail (Proposed)
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1,830 2,440 Residential Neighborhood
Rural Residential
Urban Center
January 13, 2025
RZN-2024-0063 (CRIST)
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Forth v1.54
NVN .41\
RECEI'VE
0/20 02/125
Inedza C,TY OF 0/20 FAYETTEVLLE
CITY CLERKS OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 480156
PO #:
Matter of: ORD 6839
AFFIDAVIT•STATE OF ARKANSAS
I Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6839
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$95.76.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 02/09/25;NWA nwaonline.com 02/09/25
/f1/1./ r4, - , c't ° A,3/,'
Legal Clerk •
Sebastian _� \cJ T,��•..
State ofARKANSAS,County of ` ��J Y (1
Subscribed and sworn to bcforc me on this 10th day of February, 2025 - ��C., • r
N ARY PUBLIC
Ordinance:6839
File Number: 2025-87
REZONING-2024-0063:(245
S.HAPPY HOLLOW RD./GRIST,
526):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
63 FOR APPROXIMATELY 2.47
ACRES LOCATED AT 245 SOUTH
HAPPY HOLLOW ROAD IN WARD
1 FROM RSF-4,RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS
PER ACRE TO RSF-8,RESIDEN-
TIAL SINGLE-FAMILY, EIGHT
UNITS PER ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYE I I EVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from RSF-4,Residential
Single-Family, Four Units Per
Acre to RSF-8,Residential Sin-
gle-Family,Eight Units Per Acre.
Section 2:That the City Coun-
cil 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
February 4,2025
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:595.76
February 9,2025 480156