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Home My WebLink AboutOrdinance 6499 OF FPYETTF �ti m _,1 • \RKP NSP g� e 113 West Mountain Street A R C H I l/ E Fayetteville,AR 72701 !!!/// (479)575-8323 Ordinance: 6499 File Number: 2021-0760 RZN-2021-065(481 S. HAPPY HOLLOW RD./FULTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-065 LOCATED AT 481 SOUTH HAPPY HOLLOW ROAD FOR APPROXIMATELY .51 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RSF-18,RESIDENTIAL SINGLE FAMILY, 18 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-18, Residential Single Family, 18 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 11/2/2021 Approv Attest: rIfftt \‘‘‘ ,RK! T " a/tek--- 04.4-7/7 .A • TTEViLLE Lioneld Jord yor Kara Paxton, City Clerk Treasurer I IIIIIII IIIIII III IIIIII II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page 1 Printed onll 1111 Doc ID: 020234640003 Type: REL Kind: ORDINANCE Recorded: 11/15/2021 at 01:09:08 PM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File202 1-00043921 RZN-2021-000065 Fulton RZN-2021-000065 Close Up View EXHIBIT 'A' 0 lttil--1 � JO 4TH ST J 0 } a a IL Subject Property Proposed RI '_ 5TH ST RMF-24 z . R-(1 HUNT SV I LL (-, NORTH c-1 i. I Zoning Acres RSF-18 0.5 Neighborhood Link Hillside-Hilltop Overlay District Feet Trail(Proposed) 0 75 150 300 450 600 - _Planning Area 1 inch = 200 feet Total 0.5 Fayetteville City Limits EXHIBIT 'B' RZN-2021-000065 SURVEYED PROPERTY DESCRIPTION: Part of the SW1/4 SW1/4 of Section 14, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast Corner of the said SW1/4 SW1/4; Thence N 02°20'54" E, a distance of 596.42 feet; Thence N 87°39'06" W, a distance of 15.76 feet to a chiseled "X" at the intersection of the Westerly right of way line of S Happy Hollow Road and the Northerly right of way line of East 5th/ Street, said point being the Point of Beginning; Thence continuing N 87°39'06" W along the Northerly right of way line of said East 5th/ Street, a distance of 148.45 feet to a set 5/8" rebar (PLS#1441) at the Southeast corner of the Linn tract as recorded at W.D.: Bk. 2018, Pg. 32954; Thence N 02°20'54" E along the East line of said Linn tract, a distance of 150.00 feet to a found 1" crimped pipe on the South line of the Kelley tract as recorded at W.D.: Bk. 2020, Pg. 28812; Thence S 87°34'39" E along the South line of said Kelley tract, a distance of 150.22 feet to a found 1" crimped pipe on the Westerly right of way line of aforesaid S Happy Hollow Road; Thence S 03°01'43"W along the Westerly right of way line of said S Happy Hollow Road, a distance of 149.82 feet to the Point of Beginning, containing 0.51 acres more or less. Washington County, AR I certify this instrument was filed on 11/15/2021 01:09:08 PM and recorded in Real Estate File Number 2021-00043921 Kyle Sylvester- Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0760 Agenda Date: 11/2/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2021-065 (481 S. HAPPY HOLLOW RD./FULTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-065 LOCATED AT 481 SOUTH HAPPY HOLLOW ROAD FOR APPROXIMATELY .51 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 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-18, Residential Single Family, 18 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. City of Fayetteville, Arkansas Page 1 Printed on 111312021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0760 Legistar File ID 10/19/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/1/2021 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2021-000065: Rezone (481 S. HAPPY HOLLOW RD./FULTON, 525): Submitted by DCI, INC. for property located at 481 S. HAPPY HOLLOW RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.51 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 19, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner DATE: October 1, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000065: Rezone (481 S. HAPPY HOLLOW RD./FULTON, 525): Submitted by DCI, INC. for property located at 481 S. HAPPY HOLLOW RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.51 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Planning Commission and City staff 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 in southeast Fayetteville, at the northwest corner of S. Happy Hollow Road's intersection with E. 5t" Street. The property is roughly '/2 acre in size and currently developed with a single-family dwelling that County records indicate was constructed in 1961. The property slopes from a high point near the northwest corner to the southeast at a gradual, 8% slope. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to RSF-18, Residential Single -Family, 18 Units per Acre. This is an amendment to the original request to rezone the property to RI-U, Residential Intermediate, Urban. Though the applicant has not submitted a specific development plan, the request letter suggests they would like to divide the parcel into four separate lots for the development of single-family residences. Public Comment: Staff received phone call inquiries and emails in opposition to the request to rezone the property to RI-U. The neighbors indicated concerns about traffic, increased density, and compatibility with the neighborhood. One neighbor met with staff about the revised request to rezone the property to RSF-18. After discussing the changes to the request, the neighbor did not express support or opposition of the request during the meeting but later submitted a letter opposing the rezoning. Among other questions specific to the rezoning the neighbor mentioned issues with the 8-inch water main in the S. Happy Hollow Road right-of-way occasionally breaking and causing flooding issues. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility. The proposed zoning is generally compatible with the surrounding residential land uses. The property is surrounded almost entirely by single-family residential dwellings with a single duplex located south of the subject property, across E. 5th Street. The lot pattern in the area is irregular with lot shapes and sizes varying greatly. Given the lot's size, street frontage, and density allowances staff finds that the current RSF-4 zoning designation would allow for the property to be split once, for the addition of a single-family dwelling. Rezoning to RSF-18, Residential Single -Family, 18 Units per Acre would increase the developable potential of the subject property. RSF-18 generally allows lots with a minimum area of 2,500 square feet and 30 feet of lot width. Considering the half -acre size of the lot and its approximately 300 feet of street frontage, the property could theoretically be subdivided to allow up to nine units, though staff finds required access, parking, and other realities of development would inhibit the property from being developed to the maximum extent. In short, staff finds it unlikely that the property would be split in a way that differs significantly from other properties in the area. From a use perspective, the by -right and conditional use allowances in RSF-4 and RSF-18 are identical. Infrastructure available to the site, nearby services, and proximity to Happy Hollow Elementary and Fire Station #3 reinforce staff's opinion that the location could support additional density. Land Use Plan Analysis: Staff finds that the request is mostly consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. RSF-18 has an associated build -to requirement which encourages form -based development where buildings address the street. Redevelopment of the property would likely require improvements to the streetscape including, but not limited to, street trees, sidewalks, and greenspace. The subject area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Single -use zoning districts are not consistent with the aims of the future land use designation. While the single -use nature of the single-family zoning district will help to ensure that development of the site is of an appropriate scale in context with the existing neighborhood, the lack of by -right variation in residence types inhibits diversity in housing types. The rezoning does, however, contribute to bringing greater diversity to lot sizes in the neighborhood. The property has a moderate infill score and is roughly 800 feet north of a Tier 3 Center at the intersection of S. Happy Hollow and E. Huntsville Roads. On the balance of things, staff finds the proposed rezoning to be appropriate in this instance. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Happy Hollow Road & E. 5th Street) • Near Water Main (S. Happy Hollow Road & E. 5th Street) • Near Public School (Happy Hollow Elementary) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20, S. Happy Hollow Road) DISCUSSION: At the September 13, 2021 Planning Commission meeting, staff recommended denial of a previous proposal to rezone the property to RI-U. The applicant requested that Commissioners table the request, which the Planning Commission did by a vote of 7-0-0. Afterwards, the applicant amended their request to RSF-18. At the September 27, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to rezone to RSF-18 to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Sharp seconded. Commissioners found the rezoning to be compatible and encourage an appropriate urban design, with parking to the rear of the property and buildings towards the street, similar to recent development further to the west on 51h Street. Commissioner Garlock shared photos of the property, existing on -street parking, and adjacent developments. During the hearing one member of the public spoke, asking questions about process, development standards for parking, details of that applicant's plans, and the potential for infrastructure improvements. These were directed to staff at the meeting who responded that the request would go to the City Council if forwarded, that parking standards are land use, not zoning based, that development details are not currently available, and that any necessary improvements depend on the scope of a project. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2021-000065 Close Up View If RSF-4 W 5TWST� / RMF-24 HUNTSVI1_LF RD - -C-1- - Neighborhood Link Hillside -Hilltop Overlay District — — — Trail (Proposed) k. — ` Planning Area L — Fayetteville City Limits R-O C-2 Fulton Subject Property Feet 0 75 150 300 450 1 inch = 200 feet :11 N-2021-0004 EXHIBIT 'A' 4TH ST NORTH Zoning Acres RSF-18 0.5 Total 0.5 EXHIBIT 'B' RZN-2021-000065 SURVEYED PROPERTY DESCRIPTION: Part of the SW1/4 SW1/4 of Section 14, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast Corner of the said SW 1 /4 SW 1 /4; Thence N 02°20'54" E, a distance of 596.42 feet; Thence N 87°39'06" W, a distance of 15.76 feet to a chiseled "X" at the intersection of the Westerly right of way line of S Happy Hollow Road and the Northerly right of way line of East 5th/ Street, said point being the Point of Beginning; Thence continuing N 87°39'06" W along the Northerly right of way line of said East 5th/ Street, a distance of 148.45 feet to a set 5/8" rebar (PLS#1441) at the Southeast corner of the Linn tract as recorded at W.D.: Bk. 2018, Pg. 32954; Thence N 02°20'54" E along the East line of said Linn tract, a distance of 150.00 feet to a found 1" crimped pipe on the South line of the Kelley tract as recorded at W.D.: Bk. 2020, Pg. 28812; Thence S 87°34'39" E along the South line of said Kelley tract, a distance of 150.22 feet to a found 1" crimped pipe on the Westerly right of way line of aforesaid S Happy Hollow Road; Thence S 03°01'43" W along the Westerly right of way line of said S Happy Hollow Road, a distance of 149.82 feet to the Point of Beginning, containing 0.51 acres more or less. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: City of Fayetteville Planning Commission Jessie Masters, Development Review Manager Ryan Umberger, Senior Planner September 27, 2021 (Updated with PC Results) SUBJECT: RZN-2021-000065: Rezone (481 S. HAPPY HOLLOW RD./FULTON, 525): Submitted by DCI, INC. for property located at 481 S. HAPPY HOLLOW RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE- FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2021-000065 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000065 to City Council with a recommendation for approval." September 13, 2021 PLANNING COMMISSION MEETING: On September 13t", the item was requested to be tabled by the applicant until the meeting scheduled for September 27t". In light of the findings on a previous request to rezone the property to RI-U, Residential Intermediate -Urban the applicant sought additional time to revise the request to gain staff support. After considering the options which would meet their development intent, the applicant opted to request RSF-18, Residential Single-family, 18 Units per Acre. BACKGROUND: The subject property is in east Fayetteville, at the northwest corner of the intersection of S. Happy Hollow Road and E. 5th Street. The property is roughly '/2 acre in size and currently developed with a single-family dwelling that County records indicate was constructed in 1961. The property slopes from a high point near the northwest corner to the southeast at a gradual, 8% slope. Surrounding land uses and zoning is depicted 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 Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 1 of 19 Request: The request is to rezone the property to RSF-18, Residential Single -Family, 18 Units per Acre. Though the applicant has not submitted a specific development plan, the request letter suggests they would like to divide the parcel into four separate lots for the development of single family residences. Public Comment: Staff has received a few phone call inquiries and emails in opposition to a previous request to rezone the property to RI-U. The neighbors indicated concerns about traffic, increased density, and compatibility with the neighborhood. One neighbor met with staff about the revised request to rezone the property to RSF-18. After discussing the changes to the request the neighbor expressed ambivalence to the current proposal. The neighbor mentioned issues with the 8-inch water main in the S. Happy Hollow Road right-of-way occasionally breaking and causing flooding issues. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject property's frontage on S. Happy Hollow Road and E. 5th Street. At the subject location S. Happy Hollow Road is a fully improved Residential Link Street with asphalt paving, sidewalk, and curb and gutter. E. 5th Street is a partially improved Residential Link Street along the property's frontage with asphalt paving, curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing 8-inch water main is present on the east side of S. Happy Hollow Road and an existing 6-inch water main is present on the north side of E. 5th Street. Sewer: Sanitary Sewer is available to the subject property. An existing 6-inch sanitary sewer main is present in the middle of S. Happy Hollow Road and an existing 6- inch sanitary sewer main is present in the middle of E. 5th Street. Fire: The site will be protected by Station 3, located at 1050 S Happy Hollow. The property is located approximately 0.4 miles from the fire station with an anticipated drive time of approximately 2 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. 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. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department expressed no concerns with this request. Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD) or within a FEMA floodplain. Neither hydric soils nor a protected stream are present in the area. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RSF-18, Residential Single -Family, 18 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 Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 2 of 19 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: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. 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, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Happy Hollow Road & E. 51h Street) • Near Water Main (S. Happy Hollow Road & E. 5th Street) • Near Public School (Happy Hollow Elementary) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20, S. Happy Hollow Road) 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: The proposed zoning is generally compatible with the surrounding residential land uses. The property is surrounded almost entirely by single-family residential dwellings with a single duplex located south of the subject property, across E. 5th Street. The lot pattern in the area is irregular with lot shapes and sizes varying greatly. Given the lot's size, street frontage, and density allowances staff finds that the current zoning designation would allow for the property to be split once, for the addition of a single-family dwelling. Rezoning to RSF-18, Residential Single -Family, 18 Units per Acre would increase the developable potential of the subject property. RSF-18 generally allows lots with a minimum area of 2,500 square feet and 30 feet of lot width. Considering the half -acre size of the lot and its approximately 300 feet of street frontage, the property could theoretically be subdivided to allow up to nine units, though staff finds required access, parking, and other realities of development would inhibit the property from being developed to the maximum extent. In short, staff finds it unlikely that the property would be split in a way that differs significantly from other properties in the area. From a use perspective, the by -right and conditional use allowances in RSF-4 and RSF-18 are identical. Infrastructure available to the site, nearby services, and proximity to Happy Hollow Elementary and Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 3 of 19 Fire Station #3 reinforce staff's opinion that the location could support additional density. Land Use Plan Analysis: Staff finds that the request is mostly consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. RSF-18 has an associated build -to requirement which encourages form -based development where buildings address the street. Redevelopment of the property would likely require improvements to the streetscape including, but not limited to, street trees, sidewalks, and greenspace. The subject area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Single -use zoning districts are not consistent with the aims of the future land use designation. While the single -use nature of the single-family zoning district will help to ensure that development of the site is of an appropriate scale in context with the existing neighborhood, the lack of by -right variation in residence types inhibits diversity in housing types. The rezoning does, however, contribute to bringing greater diversity to lot sizes in the neighborhood. The property has a moderate infill score and is roughly 800 feet north of a Tier 3 Center at the intersection of S. Happy Hollow and E. Huntsville Roads. On the balance of things, staff finds the proposed rezoning to be appropriate in this instance. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds a rezone from RSF-4 to RSF-18 is appropriate and justified for the property. Rezoning to RSF-18 provides an incremental increase in density to an area that is currently experiencing growth and development pressure. Rezoning contributes to Goals 1, 3, and 4 of City Plan 2040. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to RSF-18 is likely to increase traffic at this location. Traffic volumes and accidents are low along both S. Happy Hollow Road and E. 5t" Street. Volumes and accidents along E. Huntsville and S. Crossover Roads, where residents would likely facilitate regional travel for residents are considerably higher. Ozark Regional Transit Route 20 currently has a bus stop near the intersection of S. Happy Hollow and E. 4t" Street, about 300 feet north of the 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: Rezoning the property from RSF-4 to RSF-18 is likely to increase the population density in the area. Adjacency to existing water, sewer, and street infrastructure would limit the adverse impacts of a denser residential pattern. Neither the Police nor the Fire Department have expressed objection to the proposal. Similarly, no comment has been received from the Fayetteville Public School District. Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 4 of 19 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-2021-000065 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: September 27, 2021 O Tabled 30 Forwarded O Denied Motion: Sparkman, amended to RSF-18 and recommending approval Second: Sharp Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.10 District RSF-18, Residential Single -Family — Eighteen (18) Units Per Acre • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 5 of 19 161.07 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 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 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 6 of 19 (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) Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 7 of 19 161.10 District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (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 I Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development C Density, Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. 1 Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet E Setback Requirements. Front Side Side -Zero Lot Line* Rear A build -to zone 5 feet A setback of less than five 5 feet that is located on both feet (zero lot line) is between the front sides permitted on one interior property line and side, provided a a line 25 ft. from maintenance agreement is the front property filed**. The remaining side line. setbacks shall be 10 feet. * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. F Building Height Regulations. Building Height Maximum T3 stories Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 8 of 19 (G) Building Area. 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. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. (Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; 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. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 9 of 19 RZN-2021-000064 Public Comment From: s raymond <susiegrace@yahoo.com> Sent: Sunday, September 5, 2021 9:47 PM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Fulton Rezoning at 481 S. Happy Hollow Rd. (RZN-2021-000065) To: Fayetteville Planning Commission: I oppose the rezoning of the corner lot on Happy Hollow Rd and 5th St. Rezoning one lot to something different from the surrounding established zoning seems unfair to neighbors. Also, traffic and bus stops on Happy Hollow are a concern. The letter from the developer I assume is not a legally binding plan. The neighbors wouldn't have any assurance that their plan wouldn't change under the new zoning. From: Susan Raymond From: angelinamarie08 <angelinamarie08@yahoo.com> Sent: Wednesday, September 8, 2021 11:24 AM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Rezoning request at 481 Happy Hollow Rd To whom it may concern, I live on Happy Hollow Rd, here in Fayetteville, AR. I love my neighborhood and my neighbors. It would be awful to see huge apartment buildings right in the middle of our neighborhood. It would devalue our homes and ruin the esthetic of the whole neighborhood. Please help us keep our street with nice family homes. Thankyou Angelina Cosey From: Lisa Webb <webb.marino@gmail.com> Sent: Wednesday, September 8, 2021 2:16 PM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Concerns about Re -zoning on Happy Hollow Rd Hello Ryan, Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 10 of 19 I live at 510 Happy Hollow Rd (right across the street from the land that is up for re -zoning next week) and I am concerned about the rush to re -zone the lot before any potential plans for the spot are available. I am pro -development and increased density as long as there is appropriate off-street parking available. Please hold off on re -zoning until we can see the developer's plans and make sure there is enough parking. Thanks, Lisa Webb From: Beverly Larry <beverlyllarry@gmail.com> Sent: Wednesday, September 8, 2021 2:50 PM To: Umberger, Ryan <rmberger@fayetteville-ar.gov> Subject: Rezoning on Happy Hollow Rd. To the Developers, I have been a resident of Happy Hollow Rd for over 15 years with my two daughters. One of the things I found most appealing about the neighborhood was it's rather calm nature. Noise has never really been a problem, and my neighbors have always been considerate of my family and I. I have a few concerns with the proposed construction and rezoning, which includes the increased amounts of traffic, limited parking space, the size of the property, and the fact that this area of Happy Hollow only consists of single-family homes. Our neighborhood typically has a high amount of traffic coming from the Cliffs Apartments and Highway 265. The amount of traffic already often presents safety concerns, whether it be when kids are trying to catch the school bus, or when families are trying to enjoy quality time on a nice walk. With rezoning, in the worst case scenario, there could be dozens of vehicles needing access to parking in a limited amount of space. This could lead to individuals producing potentially dangerous situations to the community in order to park. The size of the property is also a concern of mine because of what the property currently contains. It's a relatively small size house with a decent sized yard, but it seems to be a stretch in order to fit multiple units and accommodate for the potential future residents. Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 11 of 19 My last concern is that Happy Hollow Rd strictly consists of single-family homes, and multiple units on a small property will completely disrupt the composition of the neighborhood. With the concerns I have voiced in mind, I personally would prefer a single-family home or one duplex at most, as I believe that one of these housing solutions are most well -suited for the neighborhood. - Beverly Larry From: Susanna Brinnon <susanna.brinnon@gmail.com> Sent: Wednesday, September 8, 20214:54 PM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Comments on proposed rezone of 481 Happy Hollow Rd, from RSF-4 to RI-U (RZN-2021- 000065) To the Planning Commission: I live at 528 Happy Hollow Road, across from this property. I am concerned about the proposed rezone, for the following reasons: 1) Although developer's Written Request states that neighbors will not be adversely affected by a rezone, we cannot be sure of that with the information given. The 4 residences on the half acre mentioned would either have to be very tiny, or multiple stories, or very close together. It is hard to imagine how they could possibly be in scale with the existing neighborhood. 2) The description of the 4 residences is only one of many possibilities under RI-U zoning. The developer does not promise that is what they will build; once a zoning change is granted, a developer is free to consider other possibilities, including quadruplexes and 3-story buildings, both definitely inappropriate and out of scale with existing homes. Not only would that adversely affect neighbors' investments -- it could be an eyesore. 3) The corner of 5th Street and Happy Hollow Road is where the school bus stops, and already has heavy traffic, as vehicles coming down the hill from neighborhoods to the north average a speed of 45 mph! (personal communication from the City's Department of Transportation in approximately 2012, when they installed the 2 speed tables on Happy Hollow). This is a street with a 25 mph limit, by the way, and the 2 speed tables do little to lessen those speeds. 4) re: traffic -- this is not only a heavily trafficked corner, but it is dangerous in winter weather conditions, as nearby residents can confirm. Coming north on Happy Hollow and turning west (uphill) onto 5th Street has occasioned many winter spin -outs and sometimes serious accidents. Several additional vehicles leaving and entering the driveway along the west side of the property would increase this already difficult traffic situation. 5) re: pedestrian traffic -- In addition, Happy Hollow's sidewalk is on the west side of the street -- so residents taking a walk, with children, dogs, etc., would be at additional risk under the higher density allowed under RI-U. Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 12 of 19 6) There are other differences between RSF-4 and RI-U, such as the width of the buildings in relation to lot size, that could make this development appear very out of scale to the existing neighborhood. All of these concerns depend on the density proposed by the developer, both of number of residents and number of vehicles -- not to mention a design appropriate to the current residences. The City Plan 2040 holds as high priority "appropriate infill and revitalization". I am in accord with this goal, and believe it can only be met if development is carefully considered. I therefore oppose the rezone request, and propose it be put on hold until more detail is offered -- and confirmed. At that time, residents will be better able to comment. Susanna Brinnon From: Kelly Linn <kellyrlinn@gmail.com> Sent: Wednesday, September 22, 2021 10:48 PM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Regarding the proposed rezoning on Happy Hollow To the planning commission, My family and I live at 1714 East 5th Street (directly behind the property which is being discussed for rezoning). We feel strongly that no more than 4 single family homes (based on lot size, preserving green space and mature trees, and traffic) should be built on the lot and hope that the rezoning will reflect that. We love the green space around this part of town and it is disappointing seeing so much of it being developed for the same cookie cutter homes that lack any character. This particular property has several large mature trees that would be truly unfortunate to see cut down. We hope that your plans protect these special parts of our city. Thank you, Kelly Linn From: s raymond [mailto:susiegrace@vahoo.com] Sent: Wednesday, September 22, 2021 1:35 PM To: Umberger, Ryan <rmberger@favetteville-ar.gov>; Planning Shared <planning@favetteville-ar.gov> Subject: Objection to Rezoning of 481 S. Happy Hollow Rd lot -- ATTN: Ryan Umberger To Planning Department and Commission: I object to rezoning of the lot at 481 S. Happy Hollow Rd. The current zoning of RSF-4 is most compatible with the neighborhood. With concerns about traffic, infrastructure (old water mains, etc), sidewalks & bicycle use, utilities, an approach of randomly rezoning a single lot instead of considering the whole neighborhood makes no sense. It seems that the only motivation for doing so is that a developer wants to maximize the profit on a recently purchased lot. This approach is very short-sighted. Yours, Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 13 of 19 Susan Raymond From: Susanna Brinnon <susanna.brinnon@gmail.com> Sent: Wednesday, September 22, 20214:17 PM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Proposed rezone from RSF-4 to RSF-18, RZN-2021-000065) Hi Ryan, I understand the developer has revised his rezone request, to RSF-18 rather than RI-U, for this property. I object to this request. I've reviewed the requirements and allowances for RSF-18 and believe, from the neighborhood's point of view, there is not much difference. In fact, if I understand the codes correctly, even more density would be allowed under RSF-18 (9 dwellings on this half acre) than under RI-U (4 dwellings). And that increased density, whichever zone is proposed, is the basis for my problems with a zoning change. As I cited in my email re the requested change to RI-U, there would be problems with 1) pedestrian traffic, competing with an increased number of vehicles at that corner; 2) a school bus stop right where the developer proposes a driveway for multiple residents' vehicles; 3) a dangerous corner in winter conditions right at that same driveway; 4) high speeds of traffic on Happy Hollow Road; 5) a water main right across from this property that is ancient and has broken and flooded at least 3 times in the last few years; and 6) the issue of esthetics -- buildings could be placed right up to the sidewalk, with little green space, and could be much larger than the scale of current homes. We love our neighborhood, where no one is rich but we do take pride in keeping it well maintained. And I believe our investments would be harmed by an inappropriate, out -of -scale development on this property. I urge the Planning Commission to deny this request. Thank you, Susanna Brinnon 528 Happy Hollow Rd. Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 14 of 19 Written request and narrative to accompany petition packet for the Happy Hollow Rezone Request at 481 S Happy Hollow Rd, City of Fayetteville, Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, 1 am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to rezone the property located at 481 S Happy Hollow Rd in the City of Fayetteville, Arkansas from RSF-4 to RSF-18. This property is currently being used as a single-family residence with a one existing residential home. Current zoning permits a density of 4 units per acre, which would allow for up to 2 single-family units on this property based on its current size & shape. By re -zoning the property to RSF-18, the parcel could be split into 4 separate lots with a single-family residence on each, while still accounting for required Master Street Plan rights of ways dedications and setback requirements. Adequate infrastructure is in place for the proposed development without the need for any extensions. The intended land use is in harmony with the use of the surrounding properties in the neighborhood. The proposed development intends to have a single point of vehicular access along the west side of the property from 56 Street for all four of the future single-family residential lots. By granting this rezone request, the current owners would benefit, and no other landowner would be adversely affected. The public interest and welfare would not be adversely affected by granting this rezone request. Included in the Petition Packet is: I Application and Payment of applicable fees for processing the application $330.00. 2 This written description. 3 Authorization Letter 4 Legal description 5 Survey 6 Assessor's parcel map. 7 Adjoining owner list. Allen Jay Young elopm nsul c. Planning Commission September 27, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 15 of 19 RZN-2021-000065 Fulton One Mile View NORTH I 0 0.125 0.25 0.5 Miles Iij W P-1 > O N O -------- --U ---n----- _—_— -- - RSF-8 IM � SC RSF-4 � I� Subject Property I I � I I � I I I YMA_N I ' RD I � I I I I I I ' I I i I 1 I I y 1 NC 9 1 R-O `3G _ HUNTS ILLEIRD O cs O a a -U R-A / 1 l C-1 172 - - - - �--- Zoning L2 General IMuateal RESIDENT IALSINGLE-FAMILY EXTRACTION N8-GCOMMERCIANSL iC2 Nei hborhood Link Rs�g RSF-, FORM BASED DISTRICTS RSF-2 �DtCare Regional Link - High ActivityRSF-8 <Limts RSF-0 Ulan 11-9Mare Downtown Geneal - — — Trail (Proposed) SF-18Community B—,- RESIDENTIAL MULTIFAMILY Neigbbamooe servicesRMF-8 Neigbbmbaoe Conaervaban •= Fayetteville City Limits ____;-----1� RMF-,2 PLANNED ZONING DISTRICTS CPla�RMR24 INSTTUTIONAL Area Fay RMF-a8Planning NDDSHRery`—alaneLight lneabia Planning Co m 7, ssion 2021 Agenda Item 4 RZN 21-000065 Fulton Page 16 of 19 RZN-2021-000065 Fulton Close Up View G Ix RSF-4 4TH ST ..I O 2 } ' Subject Property Proposed i 5TH'ST RMF-24 R-O HUNTsviL�F RD c N 0 RTH _ c-i Zoninq Acres RW 0.5 Neighborhood Link Hillside -Hilltop Overlay District Feet — — — Trail (Proposed) 0 75 150 300 450 600 `Planning Area L. _r_r 1 inch = 200 feet Total 0.5 L — Fayetteville City Limits Planning Co mission 7, 2021 Agenda Item 4 RZN 21-000065 Fulton Page 17 of 19 Subject Property Single -Family Residential Single -Family - tY. Residential Single -Family Residential A 4HUNTSVILLE R =� A� ~ O ,. o xir FV iL Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity 100-Year Floodplain — — — Trail (Proposed) Feet Floodway Stream � 'Planning 0 112.5 225 450 675 900 Area 1 inch = 300 feet ' Fayetteville City Limits L _ _ , y y Planning Co m 7, ssion 2021 Agenda Item 4 RZN 21-000065 Fulton Page 18 of 19 RZN-2021-000065 Future Land Use Residential Neighborhood Subject Property Fulton � 5TH ST OLU -SE4J Q z a w 2 U HUNTSVILLE RD' Cn r m ADO DR Neighborhood Link Regional Link - High Activity Planning Area u - -, Fayetteville City Limits Trail (Proposed) City Neighborhood Feet ,°INYON Pl"' 'Qq� m WO O J 4TH ST 2 a a 4 0 145 290 580 870 1,160 1 inch = 400 feet NORTH W � Q Civic and Private Open Space i i i Civic Institutional i I Z � V � w Y � U O p i i i I z J w 2 U City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center ssion 2021 Agenda Item 4 RZN 21-000065 Fulton Page 19 of 19 Received 10/ 12/21 4:32 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Susan Raymond Address or Ward* Address Ward Locate Your Ward Number Address* 3052 N.Hughmount Rd, Fayetteville Ex. 113 W Mountain St Phone Number Email Meeting Body* City Council Agenda Item C4 Rezone 2021- 065 481 S. Happy Hollow Rd Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments The proposed rezoning to RSF-18 is too dense (too many units) compared to the surrounding lots. I object to the haphazard random rezoning of one lot at a time instead of a plan for the whole neighborhood. This is an established neighborhood. An out-of-state developer has purchased the lot across the street south of this lot. If that new owner also comes before the Planning Commission and asks to rezone, will the Planning Commission have a plan for the neighborhood or will there just be a repeat of this controversy about changing an established neighborhood? Happy Hollow Rd has become a higher traffic area with the apartment complexes and new townhomes north of this lot. Also, there are bus -stops and an elementary school. Too many driveways opening onto Happy Hollow would create a hazard. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 10/12/21 9:47 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Susan Raymond Address or Ward* Address Ward Locate Your Ward Number Address* 3052 N.Hughmount Rd, Fayetteville Ex. 113 W Mountain St Phone Number Email Meeting Body* City Council Agenda Item 2021-0760 481 S. Happy Hollow Rd rezone Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments The proposed rezoning to RSF-18 is too dense (too many units) compared to the surrounding lots. I object to the haphazard random rezoning of one lot at a time instead of a plan for the whole neighborhood. This is an established neighborhood. An out-of-state developer has purchased the lot across the street south of this lot. If that new owner also comes before the Planning Commission and asks to rezone, will the Planning Commission have a plan for the neighborhood or will there just be a repeat of this controversy about changing an established neighborhood? Happy Hollow Rd has become a higher traffic area with the apartment complexes and new townhomes north of this lot. Also, there are bus -stops and an elementary school. Too many driveways opening onto Happy Hollow would create a hazard. (I have submitted this comment twice because the item number on the agenda changed.) Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 10/13/21 10:00 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Lisa Webb Address or Ward* Address Ward Locate Your Ward Number Address* 510 S Happy Hollow Rd Ex. 113 W Mountain St Phone Number Email Meeting Body* City Council Agenda Item 2021-0760 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments If this property is re -zoned, I am very concerned about adequate parking for the potential units. Street parking on Happy Hollow Rd would be a hazard for drivers and pedestrians. I am pro -development and all for increased density, but without adequate parking (one spot per bedroom), I am strongly opposed to re -zoning. Happy Hollow is a narrow street and there is currently no street parking anywhere on this road. Additionally, the incline and decline of the street would make it hard to see if it is safe to pass around parked vehicles. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 10/ 13/21 1:53 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Susanna Brinnon Locate Your Ward Number Address Ward Address* 528 South Happy Hollow Road Ex. 113 W Mountain St Phone Number 479-443-0031 Email susanna.brinnon@gmail.com Meeting Body* City Council Agenda Item 2021-0760 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments Dear City Councilors, I live at 528 Happy Hollow Rd, caddy -corner to this property, and I ask you to consider seriously the potential effects of the proposed rezone. I understand the concept of infill, and agree with the Planning Commission that the half -acre could hold more buildings — but I believe increasing the zone to RSF-18 is too big a jump for this neighborhood. I propose instead an increase to RSF-8, as several of the Planning Commissioners also considered. We have diversity here, both in residents — by age, race, and income status — and in type of dwellings. Most own their homes, but some rent; and the lot sizes and designs are varied. It is a humble neighborhood. Parking is already a problem on this corner. No one parks on the street along Happy Hollow — that is impossible, as the street is 2-lane and the traffic is heavy from developments up north, with speeds that average 45 mph in a 25-mph zone. And parking on the south side of 5th Street is already heavy, from several duplexes up the street. So parking would be impossible if there were to be 9 units on the lot, as RSF-18 would allow, with a potential of 27 more vehicles; 9 more vehicles, as allowed under RSF-8, would be much more reasonable. In addition to parking issues, this is a dangerous corner in winter conditions, as it slopes up; ice, or even wet pavement, both are disastrous. Not to mention, this is the very spot where the school bus stops. Children waiting here are at risk already, and would be even more so with many more vehicles, as allowed under RSF-18, using a rear -loading driveway on 5th Street. Then, water issues: the stormwater drain at this corner lot has not functioned for years; the water is not carried away, just washed across the street into residents' front yards. And the water main opposite the property on Happy Hollow is ancient and has broken several times in the last few years, again flooding the yards of residents on the east side of the street. More water use under an increased zone of RSF-8 would intensify the load on this vulnerable system; increasing zoning to RSF- 18 would be unconscionable. Finally, tree canopy: this lot has beautiful old trees that shade the street and neighboring lots. They would surely be cut down under RSF-18; a few might be saved under RSF-8. A pleasant walk on a summer day, and temperatures on adjoining properties, would be severely impacted. I urge you to consider RSF-8 for this property, and to deny the request for RSF-18. Sincerely, Susanna Brinnon Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 10/13/21 3:57 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Alina Cheyne Kelley Locate Your Ward Number Address Ward Address* 938 S Eastview Dr Ex. 113 W Mountain St Phone Number 4792837215 Email ackelley@midsouth.ualr.edu Meeting Body* City Council Agenda Item 2021-0760 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments I purchased the single acre lot at 455 S. Happy Hollow Rd. in late summer of 2020. 1 plan to build a home on this property in the next few years. I was so excited to find a location not far from downtown, nearby hiking trails, and within a neighborhood of primarily single family homes. The mature trees and retention of some woods on and behind the property made it an unbelievable find. I was a bit disappointed and frustrated to hear that the neighboring property is no longer going to be a single family residence, but rather, several homes. I have accepted this, though I would plead for consideration to be made regarding reasonable limitations for how much development occurs in this space. Related, I recently found out that the wooded property bordering the rear boundary of my land is also listed (3.3 acres). I reached out to the realtor hoping to purchase a portion of the lot in order to retain just a bit more wooded space, and they declined, with hopes to sell to another developer. I assume that space will also be cleared and several homes erected. Please consider the implications of these zoning changes. I appreciate your time, your service to this community, and your consideration. Thank you. Alina Kelley. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 10/19/21 19:29 AM CityClerk From: CityClerk Sent: Tuesday, October 19, 2021 10:30 AM To: CityClerk Subject: Fulton Rezoning Public Comment - RZN-2021-000064 - 10-19-2021 City Council Meeting Attachments: RZN-2021-000065 Additional Public Comment.pdf Please forward the below to the City Council in advance of this evening's meeting: Good morning, Following the concern expressed at last week's City Council agenda session regarding public comment for the Fulton rezoning (2021-0760), 1 have identified two additional items that were not available for the Planning Commission. These are attached and were overlooked either because they were sent after staff's report publication or due to being shared after the Planning Commission hearing itself. Both ought to have been included in staff's report to Council and are attached for your consideration. I will also describe them on the record this evening. Please let me know if you have questions. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth(@favetteville-ar.izov 479.575.8308 Website I Facebook I Twitter I Youtube Hello, My name is Alex Marino and I live at 510 S. Happy Hollow Rd., across the street from 481 S. Happy Hollow Rd. I have a number of concerns about the proposed rezone of that property that I would like to bring to your attention. I am a proponent of infill and think our neighborhood should become more dense. We have a lot of empty lots, forested lots, and older homes on large lots that could be split. Every time a cleared lot becomes a home, that increases density. Every time a large property is split into two % acre lots, that increases density. This neighborhood can absolutely become more dense without changing its character. Which is why I am in support of splitting 481 S. Happy Hollow Rd. into no more than four single family homes or two duplexes. That would greatly increase density in a sensible way that maintains the character of the neighborhood. It would also be profitable for the developer. There is simply no public benefit to increase the density beyond that size. I am concerned about how the rezone will impact the neighborhood's tree canopy, which is a defining feature of our neighborhood. This property has several trees that provide excellent shade to the sidewalk and street. I worry that allowing apartments, or row houses, or a ton of back -loaded houses will mean cutting down all of these trees. I also worry that the city's requirement that sidewalks be moved back from the street will result in cutting down one of the biggest trees in the neighborhood. The corner of 51h and Happy Hollow has drainage issues that I hope the city will force the developer to address. The curb along the property is in poor shape and there is virtually no gutter. In heavy rains the curb and gutter do not direct water very well into the drain at the corner. Water continues down the street, redirecting other flows and flooding the drains where the street has less pitch. All of the mountainside on the North part of 5th Street drains into the street and meets at this same drain, which cannot handle the flow during heavy rains. Water from 5th Street then crosses the road in a heavy stream which has been eroding the drainage ditch in my property and those downstream. I strongly recommend that the developer be forced to replace the curb, gutter, and drain along with mandatory sidewalk improvements. There should probably be a collection drain on 51h Street before the intersection and another on Happy Hollow to the North. Thanks, Alex Marino Fayetteville Resident Hello this is Crystal Johnson at 570 South Happy Hollow Road I just want my voice to be heard as stating that I am against the rezoning the corner of 5th and Happy Hollow I understand it will have a higher density than it is currently at but would like to see it kept in the likeness of our current neighborhood single family homes set back from the road that is a dangerous Corner especially in the winter the water runoff causes flooding in that area already as they have cleared and developed the land to the north the rain and flooding has only gotten worse I believe my neighbor Susanna has emailed you with lots of good information this as well it is a school bus stop for my children our road is busy enough with the traffic from the Cliffs Apartments I would hate to see any more added to it thank you for your time Received 10/23/21 11:41 AM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Susan Raymond Address Ward Locate Your Ward Number Address* 3052 N.Hughmount Rd, Fayetteville Ex. 113 W Mountain St Phone Number Email Meeting Body* City Council Agenda Item B.1 2021-0760 RZN-2021-065 (481 S. HAPPY HOLLOW Number/Subject RD./FULTON) Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments The existing zoning of RSF-4 is best. If the council decides to rezone, then RSF-8 would be much better than the proposed RSF-18. There are other requests for changes for other lots in the neighborhood. Such as on W. Fifth St, about 6 acres at the "dead end". Instead of rezoning one lot at a time, a plan for the neighborhood makes more sense. Happy Hollow Rd is narrow with increasing traffic from surrounding apartment complexes and new townhomes at north end of Happy Hollow. Too many driveways is a hazard. If the developer gave a bill of assurance that three or four units would be built, that would be better than an open-ended rezoning to RSF-18. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received Tuesday, October 26, 2021 9:40 AM CityClerk From: Curth, Jonathan Sent: Tuesday, October 26, 2021 2:51 PM To: CityClerk Subject: FW: Houses on Happy Hollow Road - Fulton RZN - Applicant Presentation Exhibit Good afternoon, Please forward the attached to the City Council regarding Item B.1 on this afternoon's tentative City Council agenda. B.1 is a the rezoning request at 481 S. Happy Hollow Road from RSF-4 to RSF-18. A Council tour was requested at last week's meeting and I will bring it up for scheduling. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth(@favetteville-ar.gov 2V1.01.1F1IF-ic111i Website I Facebook I Twitter I Youtube From: Kim Johnson <rockhouse205@att.net> Sent: Tuesday, October 26, 2021 9:40 AM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: Susanna Brinnon <susanna.brinnon@gmail.com>; donbren685@gmail.com; Jeff Alvine <jeffalvine@gmail.com>; Clem Johnson <clem@tubatrucks.com> Subject: Houses on Happy Hollow Road - Fulton RZN - Applicant Presentation Exhibit 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. Hi, Jonathan. Thank you for sending over the site plans and elevations on the development of this property. I have been 3 weeks away from Fayetteville in Texas helping to transition parents to a retirement community. It seems that desired infill density most often means lack of structural creativity. The images sent look like all of the other zero depth windows, doors and stoops-- as opposed to porches and diverse structural shapes and styles. It would be nice to mix modern with classic styles (craftsman, rustic Ozark stone, etc). I sincerely wish that moneyed investors would look to more design styles to increase the structural diversity and possible neighbor -use of these buildings. The ones for Fulton don't look like homes for families to me ---rather apartment, transitory places that have no porch space for neighbors to get to know one another. I'm sad that our town is going this direction more and more. Thanks for considering my comments. Kim Johnson 479-957-3410 I mocndu a ette F.C. 3CX 1607, FAYC77EViLLE, AR. 72702 - 479-4'2.1700 - FAX 179-695-111S - W'NW.NWADG.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice 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. City of Fayetteville Ord 6499 Was inserted in the Regular Edition on: November 7, 2021 Publication Charges: $91.20 Brittany Smithy Subscribed and sworn to before me This � day of Nam/ , 2021. (A& WA Notary Public My Commission Expires: 242— ILL **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC -ARKANSAS My Commission Expires 02-20-2024 Commission No. 12397118 Ordinance:6499 File Number. 2021-0760 RZN-2021-065 (481 S. HAPPY HOLLOW RD./FULTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-065 LOCATED AT 481 SOUTH HAPPY HOLLOW ROAD FOR APPROXIMATELY .51 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-I8, RESIDENTIAL SINGLE FAMILY, 18 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 DepartmenCs Agenda Memo from RSF- 4, Residential Single Family, 4 Units Per Acre to RSF-I8, Residential Single Family, I8 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 aflect the zoning change provided in Section 1. PASSED and APPROVED on 11 /2/2021 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by: The City Clerk -Treasurer 4 the City of Fayetteville, Arkansas. Amount paid: S 91.20. 75486496 Nov 7,2021