HomeMy WebLinkAboutOrdinance 6504Doc ID: 020258260004 Type: REL
Kind: ORDINANCE
Recorded: 11/29/2021 at 12:28:36 PM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
I - J
File2021-00045653
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323 ARCHIVED
Ordinance: 6504
File Number: 2021-0813
RZN-2021-072 (3220 W. OLD FARMINGTON RD./STRICKLIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-072 LOCATED AT 3220 WEST OLD FARMINGTON ROAD FOR
APPROXIMATELY 20.40 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural and RSF4,
Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 11/16/2021
Page 1 Printed on 11/17121
Ordinance: 6504
File Number 2021-0813
Approve,t: Attest:
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Lioneld Jordan. :yor Kara Paxton. City Clerk Treas$re�'. z.
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Page 2 Printed on 11/17/21
RZN-2021-000072 Stricklin
RZN-2021-000072
Close Up View EXHIBIT 'A'
Subject Property
...h_.. R-A
, I
III IIIAF :
%Rtt+ i �i
• RSF-18 t/
NI RD
00
RSF-4
hRPZU O.►P�NG51°14 OR / .
S1V M CT NORTH
IN Residential-Agricultural
RSF-2
RSF-4
RSF-8
Hillside-Hilltop Overlay District Feet RSF-18
C 2
- Planning Area
. - - 0 75 150 300 450 600 IMO Neighborhood Conservation
L - 'Fayetteville City Limits
1 inch = 200 feet um Commercial,Industrial,Residential
- - - Trail(Proposed)
•
RZN-2021-000072
EXHIBIT 'B'
SURVEY DESCRIPTION:
A PART OF THE SOUTHEAST QUARTER(SE 114)OF THE NORTHWEST
QUARTER(NW 114)AND PART OF THE NORTHEAST QUARTER(NE 1/4)OF
THE NORTHWEST QUARTER(NW 1/4)OF SECTION 19. TOWNSHIP 16
NORTH,RANGE 30 WEST.WASHINGTON COUNTY,ARKANSAS.BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS-
COMMENCING AT THE NORTHEAST(NE)CORNER OF THE NORTHEAST
QUARTER(NE 114)OF THE NORTHWEST QUARTER(NW 1/4)OF SAID
SECTION 19. THENCE NORTH 87-11'19'WEST A DISTANCE OF 630.00
FEET TO A FOUND 1?2"REBAR BEING THE POINT OF BEGINNING; THENCE
SOUTH 02'14'30'WEST A DISTANCE OF 210.20 FEET TO A FOUND 1;2'
REBAR: THENCE SOUTH 87"23'03'EAST A DISTANCE OF 335.98 FEET TO
A FOUND PIPE. THENCE SOUTH 02°08'53"WEST A DISTANCE OF 706.11
FEET TO A FOUND 112"REBAR; THENCE SOUTH 76°53'45"WEST A
DISTANCE OF 134.91 FEET TO A FOUND 1/2"REBAR; THENCE NORTH
12°23'01"WEST A DISTANCE OF 95.39 FEET TO A FOUND 5/8"REBAR.
THENCE SOUTH 75'37'04"WEST A DISTANCE OF 92.11 FEET TO A FOUND
PIPE; THENCE SOUTH 76"44'26"WEST A DISTANCE OF 213.75 FEET TO A
FOUND 112"REBAR. THENCE SOUTH 2314'52"EAST A DISTANCE OF
149.35 FEET TO A FOUND 149.35 FEET TO A FOUND 1/2"REBAR. THENCE
SOUTH 23'14'52'EAST A DISTANCE OF 61 11 FEET TO A SET 5/8"REBAR
PLS 1845; THENCE NORTH 77'31'04"EAST A DISTANCE OF 35.12 FEET TO
A SET 503"REBAR PLS 1845; THENCE SOUTH 12°55'10"EAST A DISTANCE
OF 25.00 FEET TO THE CENTERLINE OF OLD FARMINGTON ROAD;
THENCE ALONG THE CENTERLINE OF SAID ROAD SOUTH 75'31'23'WEST
A DISTANCE OF 177.51 FEET; THENCE SOUTH 74°22'03'WEST A
DISTANCE OF 130,27 FEET; THENCE SOUTH 72'52'14"WEST A DISTANCE
OF 113.60 FEET; THENCE SOUTH 65'11'04"WEST A DISTANCE OF 95.60
FEET, THENCE SOUTH 59°14'49"WEST A DISTANCE OF 23.30 FEET.
THENCE SOUTH 55'00'06"WEST A DISTANCE OF 181 95 FEET TO A FOUND
RAIL ROAD SPIKE: THENCE LEAVING THE CENTERLINE OF SAID ROAD
NORTH 02'27'07"EAST A DISTANCE OF 781.12 FEET: THENCE SOUTH
87'03'11'EAST A DISTANCE OF 46.97 FEET TO A FOUND 1/2'REBAR.
THENCE NORTH 34'54'40'EAST A DISTANCE OF 449.93 FEET TO A FOUND
PIPE, THENCE NORTH 17'37'47"WEST A DISTANCE OF 309.10 FEET TO A
1/2'REBAR; THENCE SOUTH 87°11'19'EAST A DISTANCE OF 443.29 FEET
TO THE POINT OF BEGINNING CONTAINING 20.40 ACRES OR 888,702
SQUARE FEET MORE OR LESS. SUBJECT TO A NY EASEMENTS OR
RIGHT-OF-WAYS OF RECORD OR FACT.
Washington County,AR
I certify this instrument was filed on
11/29/2021 12:28:36 PM
and recorded in Real Estate
File Number 2021-00045653
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0813
Agenda Date: 11/16/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RZN-2021-072 (3220 W. OLD FARMINGTON RD./STRICKLIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-072 LOCATED AT 3220 WEST OLD FARMINGTON ROAD FOR APPROXIMATELY 20.40
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units
Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 11/17/2021
City of Fayetteville Staff Review Form
2021-0813
Legistar File ID
11/2/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 10/15/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000072: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN, 557): Submitted by HARRISON FRENCH &
ASSOCIATES, INC. for property located at 3220 W. OLD FARMINGTON RD. The property is zoned R-A, RESIDENTIAL
AGRICULTRURAL & RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 20.40 acres.
The request is to rezone the properties to RSF-8, RESIDENTIAL SINGLE
FAMILY, 8 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 2, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Ryan Umberger, Senior Planner
DATE: October 15, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000072: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN,
557): Submitted by HARRISON FRENCH & ASSOCIATES, INC. for property
located at 3220 W. OLD FARMINGTON RD. The property is zoned R-A,
RESIDENTIAL AGRICULTRURAL & RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contains approximately 20.40 acres. The request is to
rezone the properties to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER
ACRE.
RECOMMENDATION:
The 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 located on the south slope of Millsap Mountain and north side of W. Old
Farmington Road. The site slopes downward from its northern boundary to the two small ponds
located roughly halfway to W. Old Farmington Road to the south. Between these ponds and Old
Farmington Road, the site becomes more level. Approximately six to seven acres of the property's
northern extent is designated as Hillside -Hilltop Overlay District in association with the terrain and
tree canopy present. Another site characteristic includes a protected, unnamed tributary of the
Farmington Branch which runs parallel to the western property line. In 2019, a request to rezone
the property to NS-G, Neighborhood Services, General, was proposed. Staff recommended denial
and the Commission expressed concerns that prompted the applicant to ultimately table the
request indefinitely.
Request: The request is to rezone the property from R-A, Residential Agricultural and RSF-4,
Residential Single-family, Four Units per Acre to RSF-8, Residential Single-family, Eight Units per
Acre. The applicant has not submitted development plans for the property, though the request
letter says the intent of the rezone is to allow a cluster housing development. The applicant
suggests a conditional use permit to that effect would follow a successful rezoning.
Public Comment: Staff received one phone call inquiry about the proposal, but the member of the
public did not issue any specific comments or concerns with the request. No comment was made
at the Planning Commission hearing.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Compatibility: The proposed zoning is compatible with the surrounding land use pattern
of the area. Uses immediately adjacent to the subject area are primarily single-family residences.
An approved cluster housing development borders the subject to the east and is under
construction. Further away, but within a quarter mile, a wide array of commercial and recreational
uses would be easily accessible to potential residents. Centennial Park, multiple grocery stores,
various retail, restaurant, and institutional services can be accessed along the W. Martin Luther
King Jr. corridor. Staff finds the request to rezone to RSF-8 would incrementally increase the
permitted density at a location that has outgrown the allowances of the current R-A and RSF-4
designation. Historic aerial imagery suggests the property has not been used for agricultural uses
in several decades. Nearby services, infrastructure available to the site, and proximity to transit
reinforce staff's opinion that additional residential density is warranted at this location.
Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use
policies, the Future Land Use Map designation, and goals of City Plan 2040. The subject area is
designated as a Residential Neighborhood Area, which calls for a mix of housing types in
appropriate areas. While the single -use nature of the district is not consistent with the aims of the
future land use designation, the single-family zoning district will help to ensure that development
of the site is of an appropriate scale and context with the adjoining properties. Additionally, the
lower density permitted by RSF-8 may afford more sensitive development of the property with
respect to the terrain. An alternative could be a concentration of greater density and permitted
uses towards the middle of the site, affording reasonable infill near a wide range of amenities and
services, while also assuring limited impact on the hillside. The infill score of the site varies from
low to moderate. The lowest scoring area follows the west end of the property, near the protected
stream and the highest scoring areas are located south near W. Old Farmington Road. The
property is located between two Tier 2 Centers; approximately a half -mile to the east at 1-49 and
W. Martin Luther King Jr. Boulevard and approximately three-quarters of a mile to the west at S.
Rupple Road and W. Martin Luther King Jr. Boulevard.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 3-7 attributes for this
site that may contribute to appropriate infill. The variance is largely due to the property's size and
depth extending from W. Old Farmington Road. The following elements of the matrix contribute
to the score:
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near Sewer Main (6" north of W. Old Farmington Road)
• Near Water Main (6-inch main north of W. Old Farmington Road)
• Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.)
• Near City Park (Centennial Park, Finger Park)
• Near Paved Trail (Shiloh Trail)
• Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.)
DISCUSSION:
At the October 11, 2021 Planning Commission meeting, a vote of 9-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Sparkman made the motion and
Commissioner Belden seconded. Discussion largely revolved around the location's
appropriateness for development juxtaposed with some potentially sensitive natural elements,
like the slope and onsite stream. Others noted that past projects have elicited public comment
about drainage problems and the adequacy of Old Farmington Road for growing traffic volumes.
Commissioner Belden opined that the City appears to be awaiting piecemeal private development
to address infrastructure adequacy, which may not resolve area problems. Overall,
Commissioners felt the abundance of nearby amenities and services justified the request. As
noted above, no public comment was made at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
Close Up View
Trr
pLD �
RSF-4
i
i
LIJ RPZD
s�EPP`NGS-�p `HAM cr NORTH
IL
Residential -Agricultural
RSF-2
RSF-4
RSF-8
7/7� Hillside -Hilltop Overlay District Feet RSF-18
L-- �� `Planning Area C-2
- - 0 75 150 300 450 600 Neighborhood Conservation
L _ Fayetteville City Limits 1 inch = 200 feet Commercial, Industrial, Residential
— Trail (Proposed)
SURVEY DESCRIPTION:
APART OF THE SOUTHEAST QUARTER (SE 114) OF THE NORTHWEST
{!DARTER �N1iV 114) AND PART OF THE NORTHEAST QUARTER (NE 114) OF
THE NORTHWEST QUART1ER (NW 114) OF SECTION Tk 70VVNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTIC ULARLY DESCRIBED AS FOLLOWS. -
COMMENCING AT THE NORTHEAST (NE) CORNER OF THE NORTHEAST
{QUARTER (NE 114) OF THE NORTHWEST QUARTER "W 114) OF SAID
SECTION 19; THENCE NORTH 87*11I'll r WEST A DISTANCE OF 63d.00
FEET TO A FOUND 112" REBAR BEING THE POINT OF BEGINNING; THENCE
SOUTH 02'14'3X WEST A DISTANCE OF 210.20 FEET TO A FOUND 10
REBAR; THENCE SOUTH 87'23'a3' EAST A DISTANCE OF 335.95 FEET TO
A FOUND PIPE; THENCE SOUTH 02°08'53" WEST A DISTANCE OF 706.11
FEET TO A FOUND 10 REBAR; THENCE SOUTH 76"5T45" WEST A
DISTANCE OF 154.91 FEET TO A FOUND 1i2' REAR; THENCE NORTH
12'23b1" WEST A DISTANCE OF 95.311 FEET TO A FOUND Wg' REBAR;
THENCE SOUTH 75"37'44" W EST A DISTANCE OF 92.11 FEET TO A FOU ND
PIPE; THENCE SOUTH 76°44'26" WEST A DISTANCE OF 213.75 FEET TO A
FOUND 112" REBAR, THENCE SOUTH 23"14'52" EAST A DISTANCE OF
149.35 FEET TO A FOUND 149.35 FEET TO A FOUND 1f2" REBAR: THENCE
SOUTH 23' 14'5Z EAST A D ISTANCE OF 151.11 FEET TO A SET 5M" REBAR
PIS 1945; THENCE NOR714 7T'al 4" EAST A 0197ANCE OF 35.12 FEET TO
A SET 5!8" REBAR PLS 18 45; THENCE SOUTH 12`55'10" EAST A DISTANCE
OF 25.QQ FEET TO THE CENTERLINE OF OLDFARMINCaTON ROAD;
THENCE ALONG THE CENTERLINE OF SAID ROAD SOUTH 75*31'2r WEST
A DISTANCE OF 1T7.51 FEET; THENCE SOUTH 74'22'03' WEST A
DISTANCE OF 130.27 FEET; THENCE SOUTH 7Z 52'14" WEST A DISTANCE
OF 113.60 FEET; THENCE SOUTH 55*11�04" WVEST A DISTANCE OF 95.60
FEET, THENCE SOUTH 59"IT49" WEST ADISTANCE OF2130 FEET;
THENCE SOUTH 5VW'06" VVEST A DISTANCE OF 141.95 FEET TO A FOUND
RAIL ROAD SPIKE; THENCE LEAVING THE CENTERUNE OF SAID ROAD
NORTH 02'2707" EAST A DISTANCE OF 731.12 FEET; THENCE SOUTH
87`03'11" EAST A DISTANCE OF 46.97 FEET TO A FOUND 1F2" REBAR;
THENCE NORTH �4°54144- EAST A DI$TANr.E OF 449-9$ FEET TO A FOUND
PIPE; THENCE NORTH 17'37'47" W F-97 A DISTANCE OF 309.10 FEET TO A
Vr REBAR; THENCE SOUTH 67' 11'19' EAST A DISTANCE OF 443.29 FEET
TO THE POINT OF BEGINNING CONTAINING 20.40 ACRE$ OR $1 35.n2
SQUARE FEET MORE OR LESS_ SUBJECT TO ANY EASEMENTS OR
RIGH7.OF-WAYS OF RECORD OR FACT.
CITY OF
ti FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Services Director
FROM: Ryan Umberger, Senior Planner
MEETING DATE: October 11, 2021
SUBJECT: RZN-2021-000072: Rezone (3220 W. OLD FARMINGTON
RD./STRICKLIN, 557): Submitted by HARRISON FRENCH &
ASSOCIATES, INC. for property located at 3220 W. OLD FARMINGTON
RD. The property is zoned R-A, RESIDENTIAL AGRICULTRURAL & RSF-
4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 20.40 acres. The request is to rezone the properties to RSF-
8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000072 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000072 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on the south slope of Millsap Mountain and north side of W. Old
Farmington Road. The site slopes rapidly downward from its northern boundary to the two small
ponds located roughly halfway to W. Old Farmington Road to the south. Between these ponds
and Old Farmington Road, the site becomes more level. Approximately six to seven acres of the
property's northern extent is designated as Hillside -Hilltop Overlay District in association with the
steep terrain and significant tree canopy present. Other site characteristics include a protected,
unnamed tributary of the Farmington Branch which runs parallel to the western property line.
Surrounding land use and zoning is depicted in Table 1.
Table 1 - Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential;
R-A, Residential -Agricultural;
Centennial Park
RSF-4, Residential Single-family, 4 Units per Acre
R-A, Residential -Agricultural;
South
Single-family Residential
R-PZD, Residential Planned Zoning District;
RSF-4, Residential Single-family, 4 Units per Acre
West
Undeveloped
R-A, Residential -Agricultural;
RSF-2, Residential Single-family, 2 Units er Acre
East
Undeveloped;
NC, Neighborhood Conservation
Request: The request is to rezone the property from R-A, Residential Agricultural and RSF-4,
Residential Single-family, Four Units per Acre to RSF-8, Residential Single-family, Eight Units per
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 1 of 18
Acre. The applicant has not submitted development plans for the property, though the request
letter says the intent of the rezone is to allow a cluster housing development. The applicant
suggests a conditional use permit to that effect would follow a successful rezoning.
Public Comment. Staff has received one phone call inquiry about the proposal, but the member
of the public did not issue any specific comments or concerns with the request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along W. Old Farmington Road. W. Old Farmington
Road is a partially improved Residential Link street with asphalt paving and open
ditches. Any street improvements required in these areas would be determined at
the time of development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present on the north side of W. Old Farmington Road.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch water main is
present on the north side of W. Old Farmington Road.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 6, located at 990 S. Hollywood Avenue, protects this site. The property is
located approximately 1.2 miles from the fire station with an anticipated drive time
of approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: A portion of the subject area lies within the Hillside Hilltop Overlay District (HHOD),
a FEMA floodplain, has hydric soils, and a protected stream is present in the area.
A portion of the subject area is within the Hillside Hilltop Overlay District (HHOD).
The presence of the HHOD will apply additional restrictions at the time of
development. Engineered footing designs will be required at the time of building
permit submittal, as well as grading, erosion control and abbreviated tree
preservation plans.
The portion of the subject area within the FEMA floodplain will necessitate a
floodplain development review at the time of permit or plan submittal. This will
restrict the type of development and impact allowed in flood zones, and may
require additional documentation such as flood studies or elevation certificates
depending on the type of development. If a development impacts a floodplain,
those impacts may require review and approval from FEMA. Floodplain is present
through a slim depression that roughly follows the unnamed tributary of the
Farmington Branch near the west property line.
Hydric soils are also present on the subject property. They are a known indicator
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 2 of 18
of wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It is important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property.
A protected stream is present in the subject area. Streamside Protection Zones
generally consist of a protected area on each side of a stream or creek. This
protected area is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, the protected
area will be 50 feet wide as measured from the top of bank but, depending on the
shape and extent of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited. The
streamside protection area is present on the west side of the subject property. Any
additional improvements or requirements for drainage will be determined at time
of development.
Tree Preservation:
The proposed zoning district of RSF-8, Residential Single-family, Eight Units per
Acre requires 20% minimum canopy preservation. The current zoning districts
of R-A, Residential -Agricultural and RSF-4, Residential Single-family, Four Units
per Acre require 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: 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 ranging score of 3-7
for this site, with a weighted score of 8. The following elements of the matrix contribute to the
score:
Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 3 of 18
• Near Sewer Main (6" north of W. Old Farmington Road)
• Near Water Main (6-inch main north of W. Old Farmington Road)
• Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.)
• Near City Park (Centennial Park, Finger Park)
• Near Paved Trail (Shiloh Trail)
• Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.)
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 compatible with the
surrounding land use pattern of the area. Uses immediately adjacent to the
subject area are primarily single-family residences. An approved cluster
housing development borders the subject to the east and is under
construction. Further away, but within a quarter mile, a wide array of
commercial and recreational uses would be easily accessible to potential
residents. Centennial Park, multiple grocery stores, various retail,
restaurant, and institutional services can be accessed along the W. Martin
Luther King Jr. corridor. Staff finds the request to rezone to RSF-8 would
incrementally increase the permitted density at a location that has outgrown
the allowances of the current R-A and RSF-4 designation. Nearby services,
infrastructure available to the site, and proximity to transit reinforce staff's
opinion that additional residential density is warranted at this location.
Land Use Plan Analysis: Staff finds that the request is generally consistent
with adopted land use policies, the Future Land Use Map designation, and
goals of City Plan 2040. The subject area is designated as a Residential
Neighborhood Area, which calls for a mix of housing types in appropriate
areas. While the single -use nature of the district is not consistent with the
aims of the future land use designation, the single-family zoning district will
help to ensure that development of the site is of an appropriate scale and
context with the adjoining properties. Additionally, the lower density
permitted by RSF-8 may afford more sensitive development of the property
with respect to the terrain. An alternative could be a concentration of greater
density and permitted uses towards the middle of the site, affording
reasonable infill near a wide range of amenities and services, while also
assuring limited impact on the hillside. The infill score of the site varies from
low to moderate. The lowest scoring area follows the west end of the
property, near the protected stream and the highest scoring areas are
located south near W. Old Farmington Road. The property is located between
two Tier 2 Centers; approximately a half -mile to the east at 1-49 and W. Martin
Luther King Jr. Boulevard and approximately three-quarters of a mile to the
west at S. Rupple Road and W. Martin Luther King Jr. Boulevard.
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 R-A and RSF-4 to RSF-8 is appropriate and justified
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 4 of 18
for the property. Rezoning to RSF-8 provides an incremental increase in
residential density to an area that is currently experiencing both growth and
development pressure and situated with convenient access to goods,
services, and amenities. 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 to RSF-8 is likely to appreciably increase traffic at this
site. That said, staff finds the property's situation near retail services,
recreational facilities, and a Razorback Transit stop offers alternatives to
vehicular transportation. Vehicle traffic would likely access W. Martin Luther
King Jr. Boulevard at its intersection with S. One Mile Road which is a
signalized intersection. W. Martin Luther King Jr. Boulevard is a Regional
High -Activity Link Street which has a designed service volume of 17,600
vehicles per day. The intersection is within a half mile of the interchange with
1-49. Finally, any development to the site would require improvements to the
property's frontage along W. Old Farmington Road which helps alleviate
concern about traffic increases.
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 RSF-8 has an associated potential to increase the
population density at this location. The property currently has direct access
to sanitary sewer and water so staff finds an undesirable burden would not
be placed on public services. Fayetteville Public Schools did not comment
on the request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000072 to the City
Council with a recommendation of approval.
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 5 of 18
PLANNING COMMISSION ACTION: Required YES
Date: October 11, 2021 O Tabled O Forwarded O Denied
Motion:
Second:
Vote:
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 6 of 18
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03 R-A, Residential -Agricultural
o §161.08 RSF-4, Residential Single-family, Four Units per Acre
o §161.09 RSF-8, Residential Single-family, Eight Units per Acre
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 7 of 18
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
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
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 I One-half ('/2)
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 8 of 18
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(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; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; 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
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 9 of 18
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
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.
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 10 of 18
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 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
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 11 of 18
161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single family residential areas with similar lot size, density, and land use as
the historical neighborhoods in the downtown area.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
By Ri ht
Single-family dwelling units per
acre
8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family
50 feet
Two 2 family
50 feet
Townhouse, no more than two
2 attached
25 feet
(2) Lot Area Minimum.
Single-family 5,000 square feet
Two-family 5,000 square feet
(3) Land Area Per Dwelling Unit.
Single-family
5,000 square feet
Two-family
5,000 square feet
Townhouse, no more than two
(2) attached
2,500 square feet
Planning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 12 of 18
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 5 feet
(F) Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total
lot area. Accessory ground mounted solar energy systems shall not be considered buildings.
(Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-
20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A),
11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 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
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 13 of 18
To: City of Fayetteville — Planning Department
From: Harrison French & Associates
Date: August 31, 2021
Subject: Old Farmington Rezone
Dear Planning Commission,
HFA is requesting a rezoning of 20.40 acres, located at 3220 W Old Farmington Road, Fayetteville, AR,
parcel 765-14759-000. The site currently exists as mostly R-A, with some RSF-4. The property is vacant
except for a single -story home. We are requesting to rezone this site to RSF-8. The intent of the rezone
is to allow a cluster housing development similar to the one currently under construction east of this
property. The property will also require a Conditional Use Permit that would follow this zoning request,
if approved.
The Future Land Use Plan designates this property as Residential Neighborhood. We believe this rezone
is in keeping with that as a single-family zoning district. The property is less than half a mile from the
intersection of 1-49 and Hwy 62, both major traffic corridors for the City. The property is also less than
200' from Commercial District zoning and 800' from Lowes and Wal-Mart.
RSF-8 Cluster Housing will serve as a good transition from the high intensity uses along Hwy 62 and
Centennial Park to the north. It is also the intent to preserve some of the Hillside as we get to the
steeper portions of the property, while also incorporating trail connections to the park for circulation.
We look forward to discussing this rezone proposal with you. Please do not hesitate to contact me
should you have any questions or concerns.
Sincerely,
�_/?, I�A
Rick McGraw, PLA, ASLA, CLARB
Team Lead / Landscape Architect
(479)273-7780x283
rick.mcgraw@hfa-ae.com
Harrison French & Associates, LTD
1705 S. Walton Blvd, Suite 3, Bentonville, Arkansas 72712 p 479.273.7780
www.hfa-ae.com
Page 1 OTlJnning Commission
October 11, 2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 14 of 18
Agenda Item 10
RZN 21-000072 Stricklin
Page 15 of 18
RZN-2021-000072
Close Up View
Subject Property
RSF-2
Stricklin
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Hillside -Hilltop Overlay District Feet
` Planning Area 0 75 150 300 450 600
L _ Fayetteville City Limits 1 inch = 200 feet
— — — Trail (Proposed)
Residential -Agricultural
RSF-2
RSF-4
RSF-8
RSF-18
C-2
Neighborhood Conservation
Commercial, Industrial, Residential
Planning Cc
n
ssion
2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 16 of 18
RZN-2021-000072
Stricklin
Current Land Use
NORTH
.
City Park
36
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4
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Single -Family
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FEMA Flood Hazard Data
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Regional Link - High Activity
Feet
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'
0 112.5
225 450 675 900
Planning Area
1 inch = 300 feet
' Fayetteville City Limits
L _ _ , y y
Planning Jom
1.
ssion
2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 17 of 18
Revised Map added 11/09/2021 12:38 PM
RZN-2021-000072
Current Land Use
M ,.
Vl" 9.P
City Park
Neighborhood Link
Regional Link - High Activity
- - - Trail (Proposed)
Planning Area
' Fayetteville City Limits
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Strickl i n
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FEMA Flood Hazard Data
too -Year Floodplain
Floodway
RZN-2021-000072
Future Land Use
Subject Property
Neighborhood Link
Regional Link - High Activity
Planned Neighborhood Link
Planning Area
u - -, Fayetteville City Limits
Trail (Proposed)
Stricklin
NORTH
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Open Space
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Industrial
Feet Natural
Non -Municipal Government
0 145 290 580 870 1,160 Residential Neighborhood
1 inch = 400 feet Rural Residential
Urban Center Di-;, r,
ssion
2021
Agenda Item 10
RZN 21-000072 Stricklin
Page 18 of 18
Democ—lidt azette
t207 =i,' fT'I'rILLc. A,.. 27C2 • = l '-171C - PAY 47 " 1116 • l`+'l ' i �V p .001�
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 6504
Was inserted in the Regular Edition on:
November 21, 2021
Publication Charges: $95.76
Brittany Smith
Subscribed and sworn to before me
This2 ,?day of No,/, 2021.
0"5(w4
Notary Public
My Commission xpires: 212o fZ4
**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: 6504
File Number: 2021-0813
RZN-2021-072 (3220 W. OLD
FARMINGTON RD./STRICKLIN):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-072
LOCATED AT 3220 WEST OLD
FARMINGTON ROAD FOR
APPROXIMATELY 20.40 ACRES
FROM R-A, RESIDENTIAL
AGRICULTURAL AND RSF4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO RSF-8,
RESIDENTIAL SINGLE FAMILY, 8
UNITS PER ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from R-A,
Residential Agricultural and RSF4,
Residential Single Family, 4 Units Per
Acre to RSF-8, Residential Single
Family, 8 Units Per Acre.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
11/16/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer of
the City of Fayetteville, Arkansas.
Amount paid: $95.76. 75491323 Nov
21.2021