HomeMy WebLinkAboutOrdinance 6907113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6907
File Number: 2025-1502
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 9/10/2025 12:03:20 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00025272
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-24
FOR APPROXIMATELY 0.70 ACRES LOCATED SOUTH OF 380 SOUTH HAPPY HOLLOW ROAD IN
WARD 1 FROM RSF4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL
SINGLE-FAMILY, 8 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, 4 Units Per Acre to RSF-8, Residential Single -
Family, 8 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 September 2, 2025
Approved: Attest:
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: $ 89.68
Page 1
File Number: 2025-00025272 Page 1 of 3
RZN-2025-0024 SOUTH OF 380 S. HAPPY I RZN-2025-0024
Close Up View HOLLOW RD EXHIBIT 'A'
RSF-8
RSF4
R"idemal Link
Hillside -Hilltop Oveday Distnct
- - - Tiall (Pfopmd)
1 Planning Area
Fayetteville City Limits
Subject Property
RSF-18
Feet
0 75 150 300
1:2,400
R-A
450 600
P-1
NORTH
Zone Current Proposed
RSF-4
RSF-8
Total 0.7 ac
File Number: 2025-00025272 Page 2 of 3
RZN-2025-0024
EXHIBIT B
SURVEYED PROPERTY DESCRIPTION — PARENT TRACT
Part of the Southeast Quarter of the Southwest Quarter, Section 14, Township 16 North, Range 30
West, Washington County, Arkansas being more particularly described as follows:
Commencing at an existing monument marking the Southeast Corner of the Southeast Quarter of
the Southwest Quarter. Thence along the East line of said Forty, North 02 degrees 50 minutes 03
seconds East, 1,224.81 feet. Thence leaving said East line, North 86 degrees 50 minutes 59
seconds West, 994.61 feet to an existing rebar and the Point of Beginning. Thence continue North
86 degrees 50 minutes 59 seconds West, 287.41 feet to a set rebar with cap on the East Right of
Way line of South Happy Hollow Road. Thence along said East Right of Way line, North 02
degrees 59 minutes 32 seconds East, 103.39 feet. Thence leaving said East Right of Way line,
South 86 degrees 50 minutes 54 seconds East, 287.89 feet to an existing rebar. Thence South 03
degrees 16 minutes 00 seconds West, 103.38 feet to the Point of Beginning, containing 0.68 acres
and subject to any Easements of Record.
Washington County, AR
I certify this instrument was filed on
9/10/2025 12:03:20 PM
and recorded in REAL ESTATE
File# 2025-00025272
Kvle Svlvester - Circuit Clerk
File Number: 2025-00025272 Page 3 of 3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1502
MEETING OF SEPTEMBER 2, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
SUBJECT: Appeal: RZN-2025-0024: Rezone (SOUTH OF 380 S. HAPPY HOLLOW RD/ JONES,
526): Submitted by SITEWISE CIVIL ENGINEERING for property located SOUTH OF
380 S HAPPY HOLLOW RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.70 acres. The
request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS
PER ACRE.
RECOMMENDATION:
City Planning staff recommend approval and the Planning Commission recommends denial 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 ¼ mile west of Happy Hollow Elementary
School and roughly 200 feet north of the intersection of S. Happy Hollow Rd. and E. 4th St. The property
contains one parcel totaling 0.70 acres which is currently undeveloped. The property is not within any sensitive
ecological areas, zoning overlays, or master plan areas.
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per
Acre, to RSF-8, Residential Single-Family, 8 Units per Acre. The applicant has stated that they are pursuing
this rezoning in order to facilitate the subdivision of the lot into two approximately 52’ wide parcels
Public Comment: Staff has not received any public comment at this time.
Land Use Compatibility: Staff finds the proposed zoning of RSF-8, Residential Single-Family, 8 Units per Acre
to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in
nature, varying in both form, lot width, and density. Large areas of higher density, including zoning districts
such as RI-U, Residential Intermediate Urban; NC, Neighborhood Conservation; and RSF-8 have been
developed less than 500 feet to the north. Nonresidential uses are also present nearby and include Happy
Hollow Elementary School to the east and a large number of commercial uses less than 1/3 of a mile to the
south along E. Huntsville Rd. which include gas stations, a funeral home, restaurants, and other services.
Uses permitted both by-right and conditionally remain unchanged between the existing and proposed districts.
Staff finds the residential uses allowed by right to be directly compatible with the existing land uses in this area.
Uses allowed conditionally in RI-U, including cultural and recreational facilities, and limited businesses may
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
also be suitable at this site, subject to further review to determine full compatibility. When compared to the
site’s current zoning designation of RSF-4, Residential Single-Family, 4 Units per Acre, RSF-8 would allow for
a moderate increase in residential density and slight reductions in bulk and area standards, which would
complement surrounding residential areas and encourage housing types that could accommodate the demand
for walkable living and increased housing options within close proximity of existing services.
Land Use Plan Analysis: The proposed zoning is consistent with the property’s City Plan 2040 Future Land
Use Map designation as a Residential Neighborhood Area. The property has a moderate weighted infill score
of 8 which indicates that the site is prepared to accommodate increased housing density, and the property
does not lie within any environmentally sensitive areas. Rezoning could support Goals #1 and #6 of City Plan
2040 by making appropriate infill a priority and creating an opportunity to develop a greater variety of housing
and by reducing lot sizes to allow further infill close to services.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6-7 for this site. The
following elements of the matrix contribute to the score:
1. Adequate Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
2. Near Sewer Main (8-inch main, S. Happy Hollow Rd.)
3. Near Water Main (2.25-inch main, S. Happy Hollow Rd.)
4. Near Public School (Happy Hollow Elementary School)
5. Near City Park (Mount Sequoyah Woods)
6. Near Paved Trail (Mount Sequoyah Woods Trail, Happy Hollow Bicycle Course)
7. Near ORT Bus Stop (Happy Hollow & 4th)
DISCUSSION:
At the July 28, 2025, Planning Commission meeting, a vote of 2-7-0 denied the proposed request. Two
members of the public spoke at the meeting stating opposition to the request because of the potential inclusion
of rental housing, opposition to the provision of more than a single structure on the lot, and flooding and
drainage concerns. One neighbor cited videos sent to the commission showing previous flooding on adjacent
properties. Commissioners requested additional information on how drainage would be handled with potential
future developments. Staff clarified that ordinance prohibits a development from making a situation worse.
Commissioner Werner made the motion and Commissioner Cabe seconded. Commissioners voting against
the request cited concerns with flooding, potential for additional density to exacerbate issues if the rough
proportionality of potential development would not allow the city to require improvements to the existing
drainage situation, and continuing to increase development in an area without addressing flooding.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: 3. Appeal Letter, 4. Exhibit A, 5. Exhibit B, 6. Staff Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1502
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-24 FOR APPROXIMATELY 0.70 ACRES LOCATED SOUTH OF 380 SOUTH
HAPPY HOLLOW ROAD IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 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, 4 Units
Per Acre to RSF-8, Residential Single-Family, 8 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.
25-022 RZN-2025-0024 Fayetteville, AR
City Council of Fayetteville, AR
Attn: Kara Paxton, City Clerk
cityclerk@fayetteville-ar.gov
Also via email to: bpennington@fayetteville-ar.gov
jmasters@fayetteville-ar.gov
RE: Appeal of RZN-2025-0024
Dear Ms. Paxton,
I represent Noah and Megan Jones (“applicant”) with respect to the planning
application known as RZN-2025-0024. Please receive this letter as the Applicant’s
appeal, pursuant to Fayetteville Code § 155, of the Planning Commission’s denial of the
aforementioned application on July 28, 2025.
The Planning Commission voted 2-7 to recommend approval of the application to
City Council, and the item failed to pass.
The applicant hereby appeals the decision to City Council, and contends that the
Planning Commission was in error as follows:
1. Failure to properly consider the findings of Planning Staff.
2. Failure to recognize that negative drainage conditions originate from
upstream sources, rather than being caused by the subject property itself.
3. Failure to follow the guidelines of City Plan 2040 which encourages infill
development.
Please contact me if additional information is needed or requested. We thank you for
your consideration in this matter,
SiteWise Civil Engineering, PLLC
Nathan Streett, PLA
nstreett@sitewisecivil.com
Direct: 479-621-3762
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: July 28, 2025
SUBJECT: RZN-2025-0024: Rezone (SOUTH OF 380 S. HAPPY HOLLOW RD/
JONES, 526): Submitted by SITEWISE CIVIL ENGINEERING for property
located SOUTH OF 380 S HAPPY HOLLOW RD. The property is zoned
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and
contains approximately 0.70 acres. The request is to rezone the property
to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2025-0024 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0024 to the City Council with a recommendation for approval.”
BACKGROUND:
The subject property is located in east Fayetteville approximately ¼ mile west of Happy Hollow
Elementary School roughly 200 feet north of the intersection of S. Happy Hollow Rd. and E. 4th
St. The property contains one parcel totaling 0.70 acres which is currently undeveloped. The
property is not within any sensitive ecological areas, zoning overlays, or master plan areas.
Surrounding land uses and zoning are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
South Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
East Undeveloped RSF-4, Residential Single-Family, 4 Units per Acre
West Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4
Units per Acre, to RSF-8, Residential Single-Family, 8 Units per Acre. The applicant has stated
that they are pursuing this rezoning in order to facilitate the subdivision of the lot into two
approximately 52’ wide parcels.
Public Comment: Staff has not received any public comment at this time.
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 1 of 14
(UPDATED WITH MEETING RESULTS)
INFRASTRUCTURE:
Streets: The subject area has a road frontage along S. Happy Hollow Road, a partially
improved Residential Link with asphalt paving and open ditches. Any street
improvements required in this area will be determined at the time of development
proposal.
Water: Public water is available to the subject property. An existing 2.25-inch water main
is present along S. Happy Hollow Road.
Sewer: Sanitary sewer is available to the subject property. An existing 8-inch sewer main
is present along S. Happy Hollow Road. There are known wet weather sewer
capacity issues identified in the City’s 2021 Sewer Master Plan that appear in the
system approximately 4,600 linear feet downstream of this property.
Drainage: No portion of the subject property lies within the Hillside-Hilltop Overlay District or
a FEMA floodplain. Additionally, no protected streams or hydric soils are present
on the subject property. Any improvements or requirements for drainage will be
determined at time of development.
Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 0.5 miles from the fire station with an anticipated drive time
of approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of RSF-8, Residential Single-Family, 8 Units per Acre,
requires 20% minimum canopy preservation. The current zoning district of RSF-
4, Residential Single-Family, 4 Units per Acre, requires 25% 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 area.
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.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6-7 for this
site with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (8-inch main, S. Happy Hollow Rd.)
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 2 of 14
• Near Water Main (2.25-inch main, S. Happy Hollow Rd.)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Mount Sequoyah Woods)
• Near Paved Trail (Mount Sequoyah Woods Trail, Happy Hollow Bicycle Course)
• Near ORT Bus Stop (Happy Hollow & 4th)
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: Staff finds the proposed zoning of RSF-8,
Residential Single-Family, 8 Units per Acre to be compatible with the
surrounding area. Land uses in the immediate vicinity are primarily
residential in nature, varying in both form, lot width, and density. Large areas
of higher density, including zoning districts such as RI-U, Residential
Intermediate Urban; NC, Neighborhood Conservation; and RSF-8 have been
developed less than 500 feet to the north. Nonresidential uses are also
present nearby and include Happy Hollow Elementary School to the east and
a large number of commercial uses less than 1/3 of a mile to the south along
E. Huntsville Rd. which include gas stations, a funeral home, restaurants,
and other services.
Both uses permitted by right and conditional use permit remain unchanged
between the existing and proposed districts. Staff finds the residential uses
allowed by right to be directly compatible with the existing land uses in this
area. Uses allowed conditionally in RI-U, including cultural and recreational
facilities, and limited businesses may also be suitable at this site, subject to
further review to determine full compatibility. When compared to the site’s
current zoning designation of RSF-4, Residential Single-Family, 4 Units per
Acre, RSF-8 would allow for a slight increase in residential density and slight
reductions in bulk and area standards, which would complement
surrounding residential areas and encourage housing types that could
accommodate the demand for walkable living and increased housing options
within close proximity of existing services.
Land Use Plan Analysis: The proposed zoning is consistent with the
property’s City Plan 2040 Future Land Use Map designation as a Residential
Neighborhood Area. The property has a moderate weighted infill score of 8
which indicates that the site is prepared to accommodate increased housing
density, and the property does not lie within any environmentally sensitive
areas. Rezoning could support Goals #1 and #6 of City Plan 2040 by making
appropriate infill a priority and creating an opportunity to develop a greater
variety of housing and by reducing lot sizes to allow further infill close to
services.
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 rezoning from RSF-4 to RISF-8 is justified.
Rezoning to RSF-8 would allow for housing densities that are comparable to
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 3 of 14
the existing development pattern in the area and which are consistent with
the City’s planning objectives and policies.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RSF-8 has the potential to increase traffic along S.
Happy Hollow Rd. and other adjacent roadways. However, the size of the
property and the modest scale of the increased density request will naturally
limit the scale of any future development, and thus reduce any possible
impacts on traffic danger or congestion.
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 RSF-4 to RSF-8 has the potential to increase
population density, though it is not likely to undesirably increase the load on
public services. The property has access to existing water and sanitary
sewer infrastructure and is close to other public services. 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-2025-0024 to the City
Council with a recommendation of approval.
________________________________________________________________________
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 4 of 14
PLANNING COMMISSION ACTION: Required YES
Date: July 28, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.07 – RSF-4, Residential Single-Family, 4 Units per Acre
o §161.09 – RSF-8, Residential Single-Family, 8 Units per Acre
• Project Maps
o One Mile Map
o Close-Up Map
o Current Land Use Map
o Future Land Use Map
• Request Letter
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 5 of 14
X
WERNER
CABE
2-7-0 (CABE AND BRINK OPPOSED)
“I move to forward RZN-2025-0024 to the City Council with a
recommendation for approval.”
Public Comment Received After Packet Finalization
Created: 2025-06-24 11:40:32 [EST]
(Supp. No. 37)
Page 1 of 3
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
dwellings
Two (2) family
dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
Hillside Overlay
District Lot
minimum width
60 feet 70 feet
Hillside Overlay
District Lot
area minimum
8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 6 of 14
Created: 2025-06-24 11:40:32 [EST]
(Supp. No. 37)
Page 2 of 3
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 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, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427
(Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (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
July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance
to repeal or further amend this sunset, repeal and termination section.
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
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 7 of 14
(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
(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, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427
(Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (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
July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance
to repeal or further amend this sunset, repeal and termination section.
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 8 of 14
CROSSOVER
RD
H U N T S V I L L E R D
HAPPY
HOLLOW
RD
WYMAN RD
RMF-24
C-2
I-2
RSF-4
R-O
C-1
R-A
RPZD
P-1
NC
I-1
RI-U
CS
MSCRSF-8
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0024 SOUTH OF 380 S. HAPPY
HOLLOW RD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 9 of 14
Proposed
RSF-8
RAY
AVE
HA
P
P
Y
H
O
L
L
O
W
R
D
GA
L
A
A
V
E
RA
Y
AV
E
WOODSPRINGS
DR
FIJI ST
5TH ST
4TH ST
RMF-24
P-1
RSF-4
RSF-18
NC
RI-U
R-A
RSF-8
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0024 SOUTH OF 380 S. HAPPY
HOLLOW RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
RSF-4
RSF-8
0.0
0.7
Total 0.7 ac1:2,400
Current
0.7
0.0
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 10 of 14
HA
P
P
Y
H
O
L
L
O
W
R
D
RAY
AVE
Unclassified
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2025-0024 SOUTH OF 380 S. HAPPY
HOLLOW RD N
0 225 450 675 900112.5
Feet
Subject Property
Fayetteville School
District #1
Single-Family Residential
Single-Family Residential
Single-Family Residential
1:3,600
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 11 of 14
City
Neighborhood
Civic and
Private
Open Space
Civic
Institutional
Natural
Residential
Neighborhood
CR
O
S
S
O
V
E
R
R
D
HUNTSVILLE RD
HAPPY
HOLLOW
RD
WYMAN RD
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2025-0024 SOUTH OF 380 S. HAPPY
HOLLOW RD N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 12 of 14
June 16, 2025
Jessica Masters
Development Review Manager
125 W Mountain Street
Fayetteville, AR 72701
RE: Washington County Parcel # 765-14305-000 – Rezone Application
The property owners of Washington County Parcel # 765-14305-000 are requesting to
rezone the 0.70 acre property from RSF-4, Residential Single Family 4 units per acre, to
RSF-8, Residential Single Family 8 units per acre.
The existing property is +/-105 feet wide, and would support a single family house or a two
family dwelling if approved by a Conditional Use . The minimum lot width in the RSF-4
district is 70’.
The property owners desire to rezone the parcel to RSF-8 to facilitate the future creation of
two individual lots to construct a single family structure on both new lots. Should the
rezoning be approved, the owners plan to split the existing 105’ wide tract into two +/-52.5’
wide lots. The owners have engaged a licensed surveyor to complete the future lot split.
The proposed rezoning to Residential Single-Family 8 units per acre (RSF-8) is consistent
with the character of the surrounding neighborhood, which is predominantly zoned for
single-family residential use. RSF-8 and the current RSF-4 zoning share identical permitted
uses, ensuring land use compatibility. Additionally, an existing RSF-8 zoned parcel is
located approximately 350 feet north of the subject property, further supporting the
appropriateness of this request.
Rezoning to RSF-8 would enable the creation of two lots, each approximately 52 feet in
width. In contrast, the current RSF-4 zoning requires a minimum lot width of 70 feet,
limiting flexibility in future development. The proposed change would not introduce any
adverse impacts or conflicts with surrounding residential uses and aligns with the existing
development pattern in the area.
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 13 of 14
Thank you for your consideration. If I can be of any further assistance, please contact me.
Respectfully submitted,
Nathan Streett, PLA
nstreett@sitewisecivil.com
Direct: 479-621-3762
Planning Commission
July 28, 2025
RZN-2025-0024 (JONES)
Page 14 of 14
1
Wonsower, Donna
From:Masters, Jessica
Sent:Monday, July 28, 2025 8:25 AM
To:Wonsower, Donna
Cc:Planning Shared
Subject:FW: Concern regarding rezoning of 312 S Happy Hollow Rd.
RZN-2025-0024! Just forwarded the caller over to you.
Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas
(479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
From: Planning Shared <planning@fayetteville-ar.gov>
Sent: Monday, July 28, 2025 7:10 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: FW: Concern regarding rezoning of 312 S Happy Hollow Rd.
Not sure what to do with this one.
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
From: Chris Drake <chris.drake@fayar.net>
Sent: Sunday, July 27, 2025 7:42 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Concern regarding rezoning of 312 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.
2
My name is Chis Drake and I live just to the south of the property mentioned in the subject line above. I
have major concerns about the rezoning of the property mentioned above. It is directly between two
single family residents. Pine Hollow is a new subdivision that is directly north (3-lots) from the property
that the commission rezoned, which is expected to have 31 units built. Attached are video clips that
show the flooding of my property due to runoff and inadequate drainage of the surrounding area. I have
spoken with Alan Pugh in the engineering department and submitted footage to the drainage website for
review. I ask that the city consider addressing the flooding issue before any decision is made. The
second video shows the city's rainwater drainage pushing water onto my property. Thank you for your
time.
https://drive.google.com/file/d/1ffeTNVnI6RePAHdLVdkKBa-121ULe6ck/view?usp=drivesdk
https://drive.google.com/file/d/1tDsP49dTC2GkqG1zE3I9AqPqGW2BTj3c/view?usp=drivesdk
https://drive.google.com/file/d/1i-4WlmAYQLKne4Iw-92R25LRqJHQYgDz/view?usp=drivesdk
NV\ ECEIVE
• 9/02/2025Form v1 55
medza cry OF CAVETTEVVLLE
CITY CLERKS OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 537092
PO#:
Matter of: ORD 6907
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 WASHINGTONBENTON 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 6907
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 tide circulation in said County.
that said newspaper had been regularly printed and published in said county.and had a bona tide 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$89.68.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 09/07/25;NWA nwaonline.com 09/07/25
Legal Cle
State of ARKANSAS,County of Sebastian f
- z s•�
Subscribed and sworn to before me on this Ath day of September 2025 �L 3
NO . UBLIC
ORDINANCE.6907
File Number: 2025-1502
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
24 FOR APPROXIMATELY 0.70
ACRES LOCATED SOUTH OF 380
SOUTH HAPPY HOLLOW ROAD
IN WARD 1 FROM RSF-4,RESI-
DENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE TO RSF-8,
RESIDENTIAL SINGLE-FAMILY,8
UNITS PER ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,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 Departments Agenda
Memo from RSF-4,Residential
Single-Family,4 Uvis Per Acre
to RSF-8, Residential Single-
Family,8 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
September 2,2025
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:S89.68
September 7,2025 537092