HomeMy WebLinkAboutORDINANCE 5919113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5919
File Number: 2016-0459
RZN 16-5576 (1160 S. HAPPY HOLLOW RD./PROMOLIFE):
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Doc ID: 017166510003 Type: REL
Kind: ORDINANCE
Recorded: 31/21/2018 at 09:47:36 AM
Fee Am#: $25.00 Page 1 of 3
Washington Countv, AR
Kyle Sylvester Circuit "Clerk
File2016-00034460
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-
5576 FOR APPROXIMATELY 3.65 ACRES LOCATED AT 1160 SOUTH HAPPY HOLLOW ROAD
FROM C-2, THOROUGHFARE COMMERCIAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND R-A,
RESIDENTIAL AGRICULTURAL.
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 C-2, Thoroughfare Commercial and RSF-4,
Residential Single Family, 4 Units Per Acre to I-1, Heavy Commercial and Light Industrial and R-A,
Residential Agricultural.
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 10/18/2016
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Attest:
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Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 10119116
16-5576
EXHIBIT 'A'
RZN 16-5576
Close Up View
FAIRLANE ST
EVALYN CIR
DWI
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
PROMOLIFE
00 Requested Rezoning: R-A
0.21 Acres
13TH ST
Feet
0 75 150 300 450 600
1 inch = 200 feet
NORTH
LEE ST
w
HELEN ST
IMM
b2
R-A
W Residential -Agricultural
RSF-4
RM F-24
j 1-2 General Industrial
C-1
C-2
P-1
16-5576
EXHIBIT BY
LEGAL DESCRIPTION: (OVERALL BOUNDARY
A part of the W1/2 of the SE1/4 of the NW1/4 of Section 23, T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of said
W1/2, SE1/4, NW1/4, thence N02039'27"E 932.73 feet to the POINT OF BEGINNING, thence
N86°37'55"W 508.51 feet, thence N81 °07'16"W 133.26 feet, thence N09'56'38"E 59.11 feet,
thence N02003'12"E 153.94 feet, thence N01015'46"E 41.72 feet, thence S87011'27"E 387.88
feet, thence S02006'53"W 46.34 feet, thence S86°38'14"E 247.79 feet, thence S02°39'24"W
224.60 feet to the POINT OF BEGINNING: Containing 3.65 acres more or less subject to
easements and right of way of record.
LEGAL DESCRIPTION: (PROPOSED R-A
A part of the W1/2 of the SE1/4 of the NW1/4 of Section 23, T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of said
W1/2, SE1/4, NW1/4, thence N02039'27"E 932.73 feet to the POINT OF BEGINNING, thence
N86037'55"W 29.39 feet, thence N04043'22"W 12.57 feet, thence NO3°43'13"W 22.84 feet,
thence along a curve to the right 12.81 feet, said curve having a radius of 36.27 feet and a
chord bearing and distance of N06°23'40"E 12.74 feet, thence N17°08'51"E 15.16 feet, thence
along a curve to the left 33.30 feet, said curve having a radius of 48.89 feet and a chord bearing
and distance of NO2°21'53"W 32.66 feet, thence along a curve to the right 19.27 feet, said
curve having a radius of 53.43 feet and a chord bearing and distance of N11°32'45"W 19.16
feet, thence along a curve to the left 20.18 feet, said curve having a radius of 73.77 feet and a
chord bearing and distance of N09002'58"W 20.11 feet, thence N22°38'16"W 15.04 feet, thence
along a curve to the right 13.83 feet, said curve having a radius of 31.76 feet and a chord
bearing and distance of N10°09'43"W 13.72 feet, thence NO2oO4'26"E 9.31 feet, thence along a
curve to the left 59.94 feet, said curve having a radius of 90.49 feet and a chord bearing and
distance of N16°54'07"W 58.85 feet, thence S86°38'14"E 69.83 feet, thence S02°39'24"W
224.60 feet to the POINT OF BEGINNING: Containing 0.21 acres more or less subject to
easements and right of way of record.
LEGAL DESCRIPTION: (PROPOSED 1-1
A part of the W1/2 of the SE1/4 of the NW1/4 of Section 23, T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of said
W1/2, SE1/4, NW1/4, thence NO2°39'27"E 932.73 feet, thence N86037'55"W 29.39 feet to the
POINT OF BEGINNING; thence N86°37'55"W 479.12 feet, thence N81°07'16"W 133.26 feet,
thence N09°56'38"E 59.11 feet, thence NO2°03'12"E 153.94 feet, thence N01 015'46"E 41.72
feet, thence S87°11'27"E 387.88 feet, thence S02°06'53"W 46.34 feet, thence S86°38'14"E
177.96 feet, thence along a non tangent curve to the right 59.94 feet, said curve having a radius
of 90.49 feet and chord bearing and distance of S16°54'07"E 58.85 feet, thence S02°04'26"W
9.31 feet, thence along a non tangent curve to the left 13.83 feet, said curve having a radius of
31.76 feet and chord bearing and distance of S10°09'43"E 13.72 feet, thence S22°38'16"E
15.04 feet, thence along a non tangent curve to the right 20.18 feet, said curve having a radius
of 73.77 feet and chord bearing and distance of S09002'58"E 20.11 feet, thence along a curve
to the left 19.27 feet, said curve having a radius of 53.43 feet and a chord bearing and distance
of S11°32'45"E 19.16 feet, thence along a curve to the right 33.30 feet, said curve having a
radius of 48.89 feet and a chord bearing and distance of S02'21'53"E 32.66 feet, thence
S17°08'51"W 15.16 feet, thence along a non tangent curve to the left 12.81 feet, said curve
having a radius of 36.27 feet and chord bearing and distance of S06023'40"W 12.74 feet,
thence S03°43'13"E 22.84 feet, thence SO4o43'22"E 12.57 feet to the POINT OF BEGINNING:
Containing 3.44 acres more or less subject to easements and right of way of record.
Washington County, AR
I certify this instrument was filed on
11 /21 /2016 09:47:36 AM
and recorded in Real Estate
File Number 201Q..LD034460
Kyle Sylvester �'Circ u l�cork
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
-� (479) 575-8323
1 Text File
File Number: 2016-0459
Agenda Date: 10/18/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
RZN 16-5576 (1160 S. HAPPY HOLLOW RD./PROMOLIFE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
16-5576 FOR APPROXIMATELY 3.65 ACRES LOCATED AT 1160 SOUTH HAPPY HOLLOW
ROAD FROM C-2, THOROUGHFARE COMMERCIAL AND RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND
R-A, RESIDENTIAL AGRICULTURAL
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 C-2, Thoroughfare Commercial and RSF-4,
Residential Single Family, 4 Units Per Acre to I-1, Heavy Commercial and Light Industrial and R-A,
Residential Agricultural.
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.
City of Fayetteville, Arkansas Page 1 Printed on 1011912016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-045
Legistar File ID
10/18/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/30/2016 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 16-5576: Rezone (1160 S. HAPPY HOLLOW RD./PROMOLIFE, 565): Submitted by JORGENSEN & ASSOCIATES,
INC. for properties at 1160 S. HAPPY HOLLOW RD. The properties are zoned C-2, THOROUGHFARE COMMERCIAL
and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 3.65 acres. The request is to
rezone the properties to I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and R-A, RESIDENTIAL AGRICULTURAL.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
e CITY COUNCIL AGENDA MEMO
.av,eviiie
ARKANSAS
MEETING OF OCTOBER 18, 2016
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: September 30, 2016
SUBJECT: RZN 16-5576: Rezone (1160 S. HAPPY HOLLOW RD./PROMOLIFE,
565): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at
1160 S. HAPPY HOLLOW RD. The properties are zoned C-2,
THOROUGHFARE COMMERCIAL and RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contain approximately 3.65 acres. The
request is to rezone the properties to 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL and R-A, RESIDENTIAL AGRICULTURAL.
RECOMMENDATION:
The City Planning staff recommend approval of an ordinance to rezone the subject properties to
1-1, Heavy Commerical and Light Industrial, and R-A, Residential Agricultural, as requested by
the applicant and as shown in the attached Exhibits 'A' and '13'.
BACKGROUND:
The subject properties are located on the east side of Happy Hollow Road, between Fairlane
Street to the north and 13th Street to the south. The two properties total approximately 3.65 acres,
with the northern one containing approximately 1.03 acre, and the southern property containing
2.62 acres. The northern of the two properties is currently zoned C-2, Thoroughfare Commercial,
while the southern property is split zoned, with a small portion of approximately 0.1 acres in the
northeast corner zoned RSF-4, Residential Single -Family, 4 Units per Acre, and the remaining
acreage zoned C-2. Both properties were annexed into the City in August of 1967 as part of a
larger area of almost 2,300 acres stretching from the Executive Airport to the intersection of
Huntsville and Dead Horse Mountain Roads.
Request: The request is to rezone the two properties totaling approximately 3.65 acres from C-2,
Commercial Thoroughfare, and RSF-4, Residential Single Family, four units per acre, to 3.44
acres of 1-1, Heavy Commercial and Light Industrial and 0.21 acres of R-A, Residential
Agricultural. The applicant indicated the rezoning is needed to facilitate small-scale manufacturing
and offices that exceed the requirements of Use Unit 45- Small Scale Production.
Land Use Compatibility: The properties are located on the Principal Arterial, Happy
Hollow/Highway 16. Current land uses vary significantly along this corridor, ranging from heavy
commercial and industrial uses like the adjacent White River Hardwoods, a significant moulding
manufacturer, and the City's Solid Waste and Recycling Facility, to residential housing of varying
densities to the east and northwest. Development of the subject properties under the permitted
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
uses of the 1-1 zoning district will be generally compatible with the wide spectrum of existing
industrial, commercial, and residential development.
Land Use Plan Analysis: Although City Plan 2030 identifies the subject properties and much of
the surrounding area as City Neighborhood Area, this designation does not preclude development
of heavy commercial or light industrial uses. City Plan 2030 clearly advocates for varying mix of
nonresidential and residential uses, but in a manner that manages and mitigates the potential
nuisances associated with more intense land use.
Accordingly, the proposed rezoning includes an area of approximately 10,000 square feet on the
eastern edge of the subject properties to be zoned R-A, Residential Agriculture. This area, which
is heavily vegetated with large numbers of mature trees serves the manifold purposes of
screening future development from the single-family housing to the east, limiting development
along the riparian corridor of the West Fork of the White River, and restricting development
associated with an 1-1 zoning district to the eastern portion of the properties, along Happy Hollow
Road.
Therefore, staff contends that the proposed rezoning meets the intent of City Plan 2030 and the
City Neighborhood Area designation by allowing development that can potentially promote
employment opportunities adjacent to residential areas while also taking advantage of a
connecting transportation corridor and creating a buffer to mitigate for potential nuisances.
DISCUSSION:
On September 26, 2016 the Planning Commission forwarded the applicant's request for a
rezoning to 1-1, Heavy Commerical and Light Industrial, and R-A, Residential Agricultural. A
motion by Commissioner Hoskins to forward the proposal to the City Council with a
recommendation for approval was made with a vote of 8-0-0.
BUDGET/STAFF IMPACT:_
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
16-5576
EXHIBIT 'A'
RZN 16-5576 PROMOLIFE A&
Close Up View NORTH
FA{RLANE ST I V Il l fl
Y-1
LEE ST
EVALYN CIR
RAaF-24
w
<L
T
<L
z
Subject Property FIELEN ST
c-z
Requested Rezoning: 1-1
3.44 Acres
Legend
Planning Area
Feet
Fayetteville City Limits
0 75 150 300 450 600
Trail (Proposed)
Building Footprint 1 inch = 200 feet
ce�r-1
Residential -Agricultural
RSF-4
RM F-24
1-2 General Industrial
C-1
C-2
P-1
16-5576
EXHIBIT 'B'
LEGAL DESCRIPTION: (OVERALL BOUNDARY
A part of the W1/2 of the SE1/4 of the NW1/4 of Section 23, T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of said
W1/2, SE1/4, NW1/4, thence NO2°39'27"E 932.73 feet to the POINT OF BEGINNING, thence
N86'37'55"W 508.51 feet, thence N81 °07'16"W 133.26 feet, thence N09°56'38"E 59.11 feet,
thence NO2°03'12"E 153.94 feet, thence N01'15'46"E 41.72 feet, thence S87'11'27"E 387.88
feet, thence S02°06'53"W 46.34 feet, thence S86'38'14"E 247.79 feet, thence S02°39'24"W
224.60 feet to the POINT OF BEGINNING: Containing 3.65 acres more or less subject to
easements and right of way of record.
LEGAL DESCRIPTION: (PROPOSED R-A
A part of the W1/2 of the SE1/4 of the NW1/4 of Section 23, T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of said
W1/2, SE1/4, NW1/4, thence NO2°39'27"E 932.73 feet to the POINT OF BEGINNING, thence
N86°37'55"W 29 39 feet, thence_ N04°43'22"W 12.57 feet, thence NO3°43'13"W 22.84 feet,
thence along a curve to the right 12.81 feet, said curve having a radius of 36.27 feet and a
chord bearing and distance of N06o23'40"E 12.74 feet, thence N17°08'51"E 15.16 feet, thence
along a curve to the left 33.30 feet, said curve having a radius of 48.89 feet and a chord bearing
and distance of NO2°21'53"W 32.66 feet, thence along a curve to the right 19.27 feet, said
curve having a radius of 53.43 feet and a chord bearing and distance of N11'32'45"W 19 16
feet, thence along a curve to the left 20.18 feet, said curve having a radius of 73.77 feet and a
chord bearing and distance of N09'02'58"W 20.11 feet, thence N22'38'16"W 15.04 feet, thence
along a curve to the right 13.83 feet, said curve having a radius of 31.76 feet and a chord
bearing and distance of N10'09'43"W 13.72 feet, thence NO2'04'26"E 9.31 feet, thence along a
curve to the left 59.94 feet, said curve having a radius of 90.49 feet and a chord bearing and
distance of N16°54'07"W 58.85 feet, thence S86°38'14"E 69.83 feet, thence S02°39'24"W
224.60 feet to the POINT OF BEGINNING: Containing 0.21 acres more or less subject to
easements and right of way of record.
LEGAL DESCRIPTION: (PROPOSED 1-1)
A part of the W1/2 of the SE1/4 of the NW1/4 of Section 23, T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of said
W1/2, SE1/4, NW1/4, thence NO2°39'27"E 932.73 feet, thence N86°37'55"W 29.39 feet to the
POINT OF BEGINNING; thence N86°37'55"W 479.12 feet, thence N81°07'16"W 133.26 feet,
thence N09'56'38"E 59.11 feet, thence NO2°03'12"E 153.94 feet, thence N01'15'46"E 41.72
feet, thence S87°11'27"E 387.88 feet, thence S02°06'53"W 46.34 feet, thence S86°38'14"E
177.96 feet, thence along a non tangent curve to the right 59.94 feet, said curve having a radius
of 90.49 feet and chord bearing and distance of S16'54'07"E 58.85 feet, thence S02°04'26"W
9.31 feet, thence along a non tangent curve to the left 13.83 feet, said curve having a radius of
31.76 feet and chord bearing and distance of S10°09'43"E 13.72 feet, thence S22"38'16"E
15.04 feet, thence along a non tangent curve to the right 20.18 feet, said curve having a radius
of 73 77 feet and chord bearing and distance of S09'02'58"E 20.11 feet, thence along a curve
to the left 19.27 feet, said curve having a radius of 53.43 feet and a chord bearing and distance
of S11 °32'45"E 19.16 feet, thence along a curve to the right 33.30 feet, said curve having a
radius of 48.89 feet and a chord bearing and distance of S02°21'53"E 32.66 feet, thence
S17°08'51"W 15 16 feet, thence along a non tangent curve to the left 12.81 feet, said curve
having a radius of 36.27 feet and chord bearing and distance of S06'23'40"W 12.74 feet,
thence S03°43'13"E 22.84 feet, thence SO4°43'22"E 12.57 feet to the POINT OF BEGINNING:
Containing 3 44 acres more or less subject to easements and right of way of record.
CITY OF FAYETTFVILLE, ARKANSAS
REZONING
FOR STAFF USE ONL Y
FEE: $32S.00
Dare Application Submitted:
Sign Fee. $5.00
Date Accepted as Complete:
S T-R:
Case /Appeal Number: ��j'�j
pP#:
Public Hearing Date: ✓� /
Zone: �)Y)
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Name: Yvonne Segal
Address: 3656 S Dead Horse Mtn Rd
Fayetteville AR 72701
F-mail: yvonne@promolife.com
Phone:
( 479 ) 442-3404 x 203
( 479 ) 263-3511
Fax:
( 479 ) 444-6422
Applicant Representative
Representative (engineer, surveyor, realtor, etc.):
Name: Justin Jorgensen, P.E.
Jorgensen & Associates
Address: 124 West Sunbridge, Suite 5
72703
E-mail: justin@jorgensenassoc.com
Phone:
479, 442-9127
Fax:
Site Address / Location: 1160 S Happy Hollow Road, Fayetteville AR 72701
Current Zoning District: C-2 Requested Zoning District: 1-1
Assessor's Parcel Numbers) for subject property: 765-15252-000 & 765-15253-000
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
Gerry, Yvonne and Tobias Segal
March 2014
Page I
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
N m,o (printed): Yvonne
[date; 8/17/2016
PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that 1 andwe are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (Ifsigned by the authorizer) agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behal()
Property Owners of Record (attach additional info if necessary):
Name (printed). Gerry Segal f
4i nattira•
Bate:
Name (printed): Yvonne Segal
Date:
Address: 3656 S Dead Horse Mtn Rd
Fayetteville AR 72701
Phone:
( 479 ) 263-0604
Address: 3656 S Dead Horse Mtn Rd
Fayetteville AR 72701
Phone:
(479 ) 263-3511
Rezoning Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.co.washintgon.ar.us). The subject
property and all adjacent parcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
March ;014
°age 2
CITY OF
Ta y4 ■
lle
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
September 26, 2016 (Updated with Planning Commission Results)
SUBJECT: RZN 16-5576: Rezone (1160 S. HAPPY HOLLOW RD./PROMOLIFE,
565): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at
1160 S. HAPPY HOLLOW RD. The properties are zoned C-2,
THOROUGHFARE COMMERCIAL and RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contain approximately 3.65 acres. The
request is to rezone the properties to 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL and R-A, RESIDENTIAL AGRICULTURAL.
RECOMMENDATION:
Staff recommends forwarding RZN 16-5576 to the City Council with a recommendation for
approval based upon the findings herein.
BACKGROUND:
The subject properties are located on the east side of Happy Hollow Road, between Fairlane
Street to the north and 13'h Street to the south. The two properties total approximately 3.65 acres,
with the northern one containing approximately 1.03 acre, and the southern property containing
2.62 acres. The northern of the two properties is currently zoned C-2, Thoroughfare Commercial,
while the southern property is split zoned, with a small portion of approximately 0.1 acres in the
northeast corner zoned RSF-4, Residential Single -Family, 4 Units per Acre, and the remaining
acreage zoned C-2. Both properties were annexed into the City in August of 1967 as part of a
larger area of almost 2,300 acres stretching from the Executive Airport to the intersection of
Huntsville and Dead Horse Mountain Roads. Surrounding land use and zoning is depicted on
Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Construction Firm OfficeANarehouse;
C-2, Thoroughfare Commercial;
Undeveloped
RSF-4, Residential Single -Family, 4 Units Per Acre
South
Single -Family
C-2, Thoroughfare Commercial
Residential/Undeveloped
East
Undeveloped/Dense Vegetation
C-2, Thoroughfare Commercial;
RSF-4, Residential Single -Family, 4 Units Per Acre
West
Manufacturing/Warehouse
I C-2, Thoroughfare Commercial
Request: The request is to rezone the two properties totaling approximately 3.65 acres from C-2,
Commercial Thoroughfare, and RSF-4, Residential Single Family, four units per acre, to 3.44
acres of 1-1, Heavy Commercial and Light Industrial and 0.21 acres of R-A, Residential
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Agricultural. The applicant indicated the rezoning is needed to facilitate small-scale manufacturing
and offices that exceed the requirements of Use Unit 45- Small Scale Production.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The subject parcels have access to Happy Hollow Road, which is partially
improved along the property frontage. Curb, gutter, and sidewalks exist along
southern portion of the property frontage, while no sidewalk exists on the
northern part. Any street improvements required in these areas would be
determined at the time of development proposal.
Water: Public water is available to these parcels. There is an existing 12-inch water main
on the west side of both parcels.
Sewer: Sanitary Sewer is available to both parcels. There is an existing 8-inch sewer line
along Happy Hollow Road.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. A portion of these properties are identified as FEMA
regulated Zone A floodplain. In addition, there are areas of streamside protection
zones along the eastern side of the property. No portions of these parcels lies
within the Hillside -Hilltop Overlay District.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. The designation supports the widest
spectrum of uses and encourages density of all housing types, from single-family to multi -family.
Non-residential uses range in size, variety, and intensity from grocery stores and offices to
churches and are typically located on corners and along connecting corridors. The Street network
should have a high number of intersections creating a system of small blocks with a high level of
connectivity between neighborhoods. Setbacks and landscaping are urban in form with street
trees typically being located within the sidewalk zone.
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: In staff's opinion the rezoning of the subject properties is compatible with
the surrounding land uses and adopted land use plans and policies.
GAETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd
(Promolife) 565\03 Planning Commission\09-26-2016
Land Use Compatibility: The properties are located on the Principal Arterial,
Happy Hollow/Highway 16. Current land uses vary significantly along this
corridor, ranging from heavy commercial and industrial uses like the
adjacent White River Hardwoods, a significant moulding manufacturer, and
the City's Solid Waste and Recycling Facility, to residential housing of
varying densities to the east and northwest. Development of the subject
properties under the permitted uses of the 1-1 zoning district will be generally
compatible with the wide spectrum of existing industrial, commercial, and
residential development.
Land Use Plan Analysis: Although City Plan 2030 identifies the subject
properties and much of the surrounding area as City Neighborhood Area,
this designation does not preclude development of heavy commercial or
light industrial uses. City Plan 2030 clearly advocates for varying mix of
nonresidential and residential uses, but in a manner that manages and
mitigates the potential nuisances associated with more intense land use.
Accordingly, the proposed rezoning includes an area of approximately
10,000 square feet on the eastern edge of the subject properties to be zoned
R-A, Residential Agriculture. This area, which is heavily vegetated with large
numbers of mature trees serves the manifold purposes of screening future
development from the single-family housing to the east, limiting
development along the riparian corridor of the West Fork of the White River,
and restricting development associated with an 1-1 zoning district to the
eastern portion of the properties, along Happy Hollow Road.
Therefore, staff contends that the proposed rezoning meets the intent of City
Plan 2030 and the City Neighborhood Area designation by allowing
development that can potentially promote employment opportunities
adjacent to residential areas while also taking advantage of a connecting
transportation corridor and creating a buffer to mitigate for potential
nuisances.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified at this time, as it will allow development
that is compatible with the area and can take advantage of existing public
services and adjacent transportation routes. Furthermore, the applicant has
cited the gross floor area building size limitation of 5,000 square foot for
Fayetteville's Small Scale Production (Use Unit 45) as the primary reason for
requesting an industrial zoning. 1-1 allows Manufacturing (Use Unit 22) as a
permitted use, without a floor area restriction.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to 1-1 and R-A will not likely increase traffic danger or
appreciably increase congestion at this location. Happy Hollow Road is
classified as a Principal Arterial. Proposed curb cuts, improvements to
GAETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S Happy Hollow Rd
(Promolife) 565\03 Planning Commission\09-26-2016
Happy Hollow Road, and off -site improvements will be evaluated at the time
of development.
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 to 1-1 will not increase the potential for greater
population density. The 1-1, Heavy Commercial and Light Industrial zoning
district does not allow residential uses by right or conditional use permit.
Given the location of the two properties along a largely improved portion of
Happy Hollow road, with access to public street, water, and sanitary sewer,
the rezoning request should not undesirably increase the load on services.
Neither the Police nor Fire Departments have expressed objections to the
proposal.
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:
It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
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: Staff recommends forwarding RZN 16-5576 to City Council with a
recommendation for approval based on the findings discussed throughout this report.
PLANNING COMMISSION ACTION: Required YES
Date: September 26, 2016 O Tabled ® Forwarded O Denied
Motion: Hoskins Second: Autry Vote: 8-0-1 (Noble Recused)
CITY COUNCIL ACTION: Required YES
Date: O Approved O Denied
BUDGET/STAFF IMPACT:
None
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S Happy Hollow Rd.
(Promolife) 565\03 Planning Commission\09-26-2016
Attachments:
■ Unified Development Code § 161.07 (RSF-4 zoning); 161.20 (C-2 zoning); 161.03 (R-A
zoning); 161.28 (1-1 zoning)
■ Request Letter
■ One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
GAETCIDevelopment Services Review12016\Development Review116-5576 RZN 1160 S. Nappy Hollow Rd.
(Prornolife) 565103 Planning Commission109-26-2016
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
(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 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk and Area Regulations
Single-family
Two (2) family
dwellings
dwellings 1
Lot minimum
70 feet
80 feet
width
Lot area
8,000 square
12,000 square
minimum
feet
feet
Land area per
8,000 square
6,000 square
dwelling unit
feet
feet
Hillside Overlay
District Lot
60 feet
70 feet
minimum width
Hillside Overlay
District Lot
8,000 square
12,000 square
feet
feet
area minimum
Land area per
8,000 square
6.000 square
dwelling unit
-- - — — ----
feet j
-- ...........
feet
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(E) Setback Requirements.
Front Side Rear
15 feet 5 Feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 45 feet
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(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)
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd
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161.21 - District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted Uses
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unil 5 Government Facilities
Unit Eating places
13 i
Unit I — 14 Hotel, motel, and amusement facilities
I
Unit Shopping goods
16 -�— — pp 9
Unit 17 Transportation trades and services I
Unit Gasoline service stations and drive-in/drive
18 through restaurants
Unit Commercial recreation, small sites
19
Unit Commercial recreation, large sites
20
Unit Offices, studios, and related services
25
Unit Adult live entertainment club or bar
33
Unit Liquor store
34
Unit Cottage Housing Development
44
i
Unit Small scale production l
45
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3 1
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28 `
---_-
Center for collecting recyclable materials
r---
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35 1
Outdoor music establishments
Unit 36
Wireless communications facilities_
Unit 38
Mini -storage units
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd.
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Unit 40 Sidewalk Cafes
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations
Front 15
feet
Front, if parking is allowed between the 50
right-of-way and the building feet
Side None
Side, when contiguous to a 15
residential district feet
Rear 20
feet
(F) Building Height Regulations.
Building Height Maximum 75 feet*
*Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district
a distance of 1 foot for each foot of height in excess of 20 feet.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord, No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd
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161.03 - District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional Uses.
Unit 2 t City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density.
Units per acre One-half ('/)
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
__._....
Nonresidential:
—._ . ......___..i
acres
Lot area per dwelling unit
_..-!__..._2 V
1 2 acres
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd
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(E) Setback Requirements.
Front j Side [ Rear
35 feet i 20 feet 35 feet
(F) Height Requirements There shall be no maximum height limits in the A-1 District, provided, however, that any
building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a
distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required
setback lines.
(G) Building area None.
(Code 1965, App. A., Art 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12)
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd
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161.28 - District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this district
are intended to provide a degree of compatibility between uses permitted in this district and those in nearby
residential districts-
(B) Uses
(1) Permitted Uses
City-wide uses by right
Public protection and utility facilities
Unit Cultural and recreational facilities
4
Unit Government Facilities
5
Unit Agriculture
6
Unit Eating places
13
Unit ( Transportation trades and services
17
Unit f Gasoline service stations and drive-in/drive
18 through restaurants
Unit Warehousing and wholesale
Unit Manufacturing
22
Unit ' Offices, studios and related servicese
25
Unit Wholesale bulk petroleum storage facilities
27 with underground storage tanks
Unit 3
42 Clean technologies
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd
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(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts 50 feet
Front, when adjoining C, I, or P districts 25 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I, or P districts ' 10 feet
Rear 25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building
which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance
of 1 foot for each foot of height in excess of 25 feet.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516. 4-3-79; Ord. No.
1747, 6-29-70; Code 1991, §166.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; Ord, No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6-15)
G:\ETC\Development Services Review\2016\Development Review\16-5576 RZN 1160 S. Happy Hollow Rd.
(Promolife) 565\03 Planning Commission\09-26-2016
LSD 16-5576
J Request Letter 124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
K +ASSOCIATES Office: 479.442 9127
Fax 479.582 4807
September 15, 2016
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Development Services
Re: Promolife Property Rezoning
This letter is in regards to a proposed rezoning and the following required information:
A. The current owner of this site is as follows:
a. 765-15252-000 (Gerry & Yvonne Segal)
b. 765-15253-000 (Gerry & Yvonne Segal)
B. Currently these properties are zoned C-2 and RSF-4. The reason for the requested 1-1 zoning is to allow
this property to be developed under 1-1 conditions. There will also be roughly 9,000 sq ft to be zoned to
R-A along the east side to continue the Enduring Green Network along the creek area.
C. There are various zoning districts around these properties. The property due west is zoned C-2. The
property due south is zoned C-2 and 1-2. The properties due north are zoned C-2 and RSF-4. The
properties due east are zoned RSF-4.
D. Existing water and sewer are already at this site. There is an existing 12-inch water line on the west side
of the property running north and south. There is an existing 12-inch sewer line located in S. Happy
Hollow Road running north and south.
E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and
development in the future as to be consistent the adjacent developments.
F. Per the city's future land use plan this area is called out to be a City Neighborhood Areas.
G. Adjacent streets have been improved in this area for growth. S. Happy Hollow Road was recently
widened.
H. The potential to increase the population density in this area as a result of this rezoning would not
undesirably increase load on public services. The properties at question lie at the intersection of two
master planned roads where significant improvements have been or will be made, and will allow for
increased loads. Utilities are currently available and at a significant size to where we do not believe any
adverse impacts to the existing system would occur.
I. Current zoning is not conducive to any future developments in this area.
Sincerely,
! stin L. lorg sen, PE
RZN 16-5576 P RO M O L I F E
One Mile View NORTH
1 0 0-125 0.25 0.5 Miles
RSF-4
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RZN 16-5576
Close Up View
FAIRLANE ST
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Requested Rezoning: 1-1
3.44 Acres
1-1If1ST
Requested Rezoning: R-A
0.21 Acres
x
Legend
Planning Area
Feet
Fayetteville City Limits
0 75 150 300 450
Trail (Proposed)
Building Footprint 1 inch = 200 feet
Mal
M
NORTH
LEE ST
HELEN ST
R4SL-I
R-\
Residential -Agricultural
RS F-4
RM F-24
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C-1
C-2
P-1
RZN 16-5576 PROMOLIFE
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4.
0
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Legend
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MSP Class
PRINCIPALARTERIAL
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RZN16-.5576
L 1 Planning Area
L _ Fayetteville City Limits
Feet
0 75 150 300 450
�iI
NORTH
I
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i s i 1
Single Family
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RZN 16-5576
Future Land Use
FAIRLANE ST
I EVALYN CiR
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
PROMOLIFE
13TH SF
Requested Rezoning: R-A
0.21 Acres
Feet
0 75 150 300 450 600
1 inch = 200 feet
NORI
LEE ST
HE-LEN ST
FUTURE LAND USE 2030
Natural Area
Residential Neighborhood Area
City Neighborhood Area
Civic Institutional
eMOC L
R 02 A X: 9-69 J.1.. .'k°LS Y't.NL� --[;(.(_' i
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of -
CITY OF FAYETTEVILLE
Ord. 5919
Was inserted in the Regular Edition on:
October 27, 2016
Publication Charges: $ 79.30
i��/)
Ka en Caler
Subscribed and sworn to before me
This I day of )IDV , 2016.
�"t, ta&
Notary Public
My Commission Expires: Z/zt/004
CW HY WILES
Arkansas - Benton County
(Notary Public - Coml'cl x 12397118
Daly Commission Expires Feb 20 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5919
File Number: 2016-0459
RZN 16-5576 (1160 S. HAPPY
HOLLOW RD./PROMOLIFE):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 16-5576
FOR APPROXIMATELY 3.65 ACRES
LOCATED AT 1160 SOUTH HAPPY
HOLLOW ROAD FROM C-2,
THOROUGHFARE COMMERCIAL
AND RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO 1-1,
HEAVY COMMERCIAL AND LIGHT
INDUSTRIAL AND R-A,
RESIDENTIAL AGRICULTURAL.
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 C-2, Thoroughfare
Commercial and RSF-4, Residential
Single Family, 4 Units Per Acre to I-1,
Heavy Commercial and Light Industrial
and R-A, Residential Agricultural.
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 10/18/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73902581 Oct. 27, 2016
RECEIVED
Nov a-3 2016
CITY
TY CLEFAYETTEVILLEK'
