HomeMy WebLinkAboutOrdinance 6583Ordinance: 6583
File Number: 2022-0496
Attest:
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Kara Paxton, City Clerk Treasurer u,;-p .
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Page 2 Printed on 7120122
RZN-2022-0021
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RZNV-2022-0021 I EXHIBIT 'A'
RZN-2022-0021
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Subject Property
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Total 3.0
EXHIBIT 'B'
RZN-2022-0021
Black Pine/Happy Hallow Property Description
A part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW '/4) of Section 14, Township
16 North, Range 30 West, Washington County, Arkansas, being more particularly described as
follows, to -wit: Beginning at a point S00°33' W 753.00 feet and N89°28'36"E 43.14 feet from the
NW corner of said 40 acre tract, and running thence N89°28'36"E 551.49 feet; thence S00°33'W
237.00 feet; thence S89°28'36"W 551.49 feet; thence N000331E 237.00 feet to the point of
beginning.
Subject to easements, right-of-ways, and protective covenants of record, if any.
Subject to all prior mineral reservations and oil and gas leases, if any.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0496
Agenda Date: 7/19/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
RZN-2022-021 (S. HAPPY HOLLOW ROAD/BLACK PINE CONSTRUCTION AND
DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-021 LOCATED AT 248 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY
3.1 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC,
NEIGHBORHOOD CONSERVATION
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 NC, Neighborhood
Conservation.
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 712012022
City of Fayetteville Staff Review Form
2022-0496
Legistar File ID
6/21/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 6/3/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0021: Rezoning (S. HAPPY HOLLOW ROAD/BLACK PINE CONSTRUCTION AND DEVELOPMENT, 526)
Submitted by HALL ESTILL ATTORNEYS for property located at S. HAPPY HOLLOW ROAD in WARD 1. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approx. 3.1 acres. The request is to
rezone the property to NC, NEIGHBORHOOD CONSERVATION.
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 JUNE 21, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: June 3, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0021: Rezoning (S. HAPPY HOLLOW ROAD/BLACK PINE
CONSTRUCTION AND DEVELOPMENT, 526) Submitted by HALL ESTILL
ATTORNEYS for property located at S. HAPPY HOLLOW ROAD in WARD 1. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE
and contains approx. 3.1 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in east Fayetteville along S. Happy Hollow Drive, approximately 2000 feet
north of the intersection with E. Huntsville Road, and approximately 800 feet south of the Mt.
Sequoyah Woods trailhead. Containing just over 3.0 acres, the property is currently developed
with a single-family dwelling that County records indicate was constructed in 1936. A request to
rezone the property to RI-U, Residential Intermediate, Urban was brought forward in August 2021
which was ultimately denied by the Planning Commission (RZN-2021-000057).
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre, to NC, Neighborhood Conservation. The applicant has not submitted an associated
development proposal.
Public Comment: Staff received public comment in opposition to this request. Comments were
centered around a desire for the area to maintain its current zoning district, and concerns about
added traffic, parking, noise, and drainage issues that additional development would bring to the
area.
Land Use Compatibility. The property is largely surrounded by a mix of residential development,
ranging from slightly higher density single-family dwellings to the northwest of the site and
duplexes to the northeast, to very low density single-family dwellings and undeveloped property
along S. Happy Hollow Road to the south and to the west. The available infrastructure to the
immediate site is limited; S. Happy Hollow Road is unimproved at this location, and the lot
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
currently does not have direct access to sewer. The lot pattern in the area is irregular in the
surrounding area; immediately to the south there are 6 residential lots with over 100 feet of
frontage, and to the west the lot sizes and shapes vary greatly. Given the three acre site, staff
finds that the current zoning designation would allow for the addition of 12 single-family dwellings
at this location from a density perspective; staff finds that a rezone to NC, Neighborhood
Conservation, would increase the density on the site an incremental amount to 10 units per acre,
or a maximum of 31 residential units. Staff finds that from a use perspective, the zoning districts
are close to identical indicating that this rezoning request would likely be compatible.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a
Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Given
that the neighborhood currently does not have a strong regulating pattern in the area, and has a
mix of housing types already, staff finds that bringing NC zoning at this location would be
compatible. The infill score is somewhat moderate, which appears to be in line with the applicant's
request to Neighborhood Conservation, which would allow for an incremental increase in density.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4-6 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)
• Near Water Main (S. Happy Hollow Road)
• 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 May 23, 2022 Planning Commission meeting, a vote of 4-2-1 forwarded the request to City
Council with a recommendation of approval. Commissioners Madden and Garlock voted against
the request, and Commissioner Brink recused. Commissioners opposed to the request were
concerned that adding density here without an opportunity to connect to the east or north would
potentially add too much of a traffic burden to S. Happy Hollow Road, and did not meet the
ultimate goals of form -based design. Commissioners in favor suggested that NC, Neighborhood
Conservation was intended to be a form -based response to a typical RSF-4 zoning district, and
that S. Happy Hollow Road ultimately connected out to N. Crossover Road, and south to E.
Huntsville Road. Commissioners in favor also contended that the added density was incremental,
and was in line with the future land use plans for the area. One member of the public spoke
against the item at the meeting, expressing concerns about how the neighborhood was being
conserved through this request, and concerns about traffic and drainage impacts.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2022-0021
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RZN-2022-0021
EXHIBIT 'A'
RZN-2022-0021
"ZD
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144
WOODSPF
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75 150 300 450 600
1:2,400
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NC 3.0
Total 3.0
EXHIBIT'B'
RZN-2022-0021
Black Pine/Happy Hollow Property Description
A part of the Northeast Quarter (NE'/4) of the Southwest Quarter (SW '/4) of Section 14, Township
16 North, Range 30 West, Washington County, Arkansas, being more particularly described as
follows, to -wit: Beginning at a point S00°33'W 753.00 feet and N89°28'36"E 43.14 feet from the
NW corner of said 40 acre tract, and running thence N89028'36"E 551.49 feet; thence S00033'W
237.00 feet; thence S89°28'36"W 551.49 feet; thence N00°33'E 237.00 feet to the point of
beginning.
Subject to easements, right-of-ways, and protective covenants of record, if any.
Subject to all prior mineral reservations and oil and gas leases, if any.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: May 23, 2022 Updated with PC hearing results from May 23, 2022
SUBJECT: RZN-2022-0021: Rezoning (S. HAPPY HOLLOW ROAD/BLACK PINE
CONSTRUCTION AND DEVELOPMENT, 526) Submitted by HALL
ESTILL ATTORNEYS for property located at S. HAPPY HOLLOW ROAD.
The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS
PER ACRE and contains approx. 3.1 acres. The request is to rezone the
property to INC, NEIGHBORHOOD CONSERVATION.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0021 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0021 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in east Fayetteville along S. Happy Hollow Drive, approximately 2000 feet
north of the intersection with E. Huntsville Road, and approximately 800 feet south of the Mt.
Sequoyah Woods trailhead. Containing just over 3.0 acres, the property is currently developed
with a single-family dwelling that County records indicate was constructed in 1936. A request to
rezone the property to RI-U, Residential Intermediate, Urban was brought forward in August 2021
which was ultimately denied by the Planning Commission (RZN-2021-000057). Surrounding land
uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Mixed -Density Residential
RSF-4, Residential Single -Family, 4 Units per Acre; RPZD,
Residential Planned Zoning District Timber Trails
South
Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre
East
Single FamilResidential
RPZD, Residential Planned Zoning District Timber Trails
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre, to NC, Neighborhood Conservation. The applicant has not submitted an associated
development proposal.
Public Comment: To date, staff has not received any public comment on the item.
Planning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the east side of South Happy Hollow Road.
South Happy Hollow 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 2.25-inch water main is
present along the east side of South Happy Hollow Road.
Sewer: Sanitary sewer is not available to the subject area.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 0.5 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the property is within the Hillside -Hilltop Overlay
District, nor is there a protected stream in the area, or hydric soils present. The
property does not lie within a FEMA floodplain.
Tree Preservation:
The proposed zoning district of NC, Neighborhood Conservation requires 20%
minimum canopy preservation. The current zoning district of RSF-4, Residential
Single -Family, 4 Units per Acre requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: 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 4-6 for this
site, with a weighted score of 7. The following elements of the matrix contribute to the score:
Planning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 2 of 14
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (S. Happy Hollow Road)
• Near Water Main (S. Happy Hollow Road)
• 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 property is largely surrounded by a mix of
residential development, ranging from slightly higher density single-family
dwellings to the northwest of the site and duplexes to the northeast, to very
low density single-family dwellings and undeveloped property along S.
Happy Hollow Road to the south and to the west. The available infrastructure
to the immediate site is limited; S. Happy Hollow Road is unimproved at this
location, and the lot currently does not have direct access to sewer. The lot
pattern in the area is irregular in the surrounding area; immediately to the
south there are 6 residential lots with over 100 feet of frontage, and to the
west the lot sizes and shapes vary greatly. Given the three acre site, staff
finds that the current zoning designation would allow for the addition of 12
single-family dwellings at this location from a density perspective; staff finds
that a rezone to NC, Neighborhood Conservation, would increase the density
on the site and incremental amount to 10 units per acre, or a maximum of 31
residential units. Staff finds that from a use perspective, the zoning districts
are close to identical indicating that this rezoning request would likely be
compatible.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as a Residential Neighborhood
Area, which calls for a mix of housing types in appropriate areas. Given that
the neighborhood currently does not have a strong regulating housing type
in the area, and has a mix of housing types already, staff finds that bringing
NC zoning at this location would be compatible. The inf ill score is somewhat
moderate for the area, which appears to be in line with the applicant's
request to Neighborhood Conservation, which would allow for an
incremental increase in density.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant did not offer a specific development proposal along with this
request. Staff finds that a rezone from RSF-4 to NC is consistent with long-
term land use plans, and is reflective of the current land use surroundings,
as well as the future land use plans, therefore making this request justified
from staff's perspective.
Planning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 3 of 14
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 NC would increase traffic at this
location. Somewhat ameliorating this concern is the direct access to Ozark
Regional Transit Route 20, which directly services this location.
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 NC would have the potential to increase
the population density, since NC does allow for an additional density
allowance of 10 units per acre. Staff finds that this request is still compatible
with the location, and would not place an undue burden on public services.
Additional water and sewer line extensions would be at the applicant's
expense.
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 approval of RZN-2022-0021.
PLANNING COMMISSION ACTION:
Date: May 23, 2022 O Tabled
Motion: Winston
Second: Canada
Required YES
I4 Forwarded O Denied
with a recommendation of approval.
Vote: 4-2-1
(Commissioners Madden and Garlock voted to deny; Commissioner Brink recused).
BUDGET/STAFF IMPACT:
None
Planning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 4 of 14
Attachments:
• Unified Development Code:
• §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
• §161.29 Neighborhood Conservation
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Public Comment (added May 24, 2022)
Planning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 5 of 14
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
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
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 6 of 14
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, 4-20-2 1)
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."
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such
as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
Planning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 7 of 14
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; 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
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 8 of 14
HALL
ESTILL
ATTORNEYS AT LAW
April 8, 2022
VIA PORTAL DELIVERY
City of Fayetteville Planning Commission and Planning Department
125 West Mountain Street
Fayetteville, Arkansas 72701
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
GIS Approved
tjorgensen 04/15/2022 12.32:11
Description approval
uploaded to EnerGov
Re- Rezoning of Parcel No. 765-14301-000; 248 S. Happy Hollow Road
From RSF-4 to NC
Dear To Whom It May Concern:
This letter is in regard to rezoning parcel 765-14301-000 from its current designation of
RSF-4 to Neighborhood Commercial (NC). NC is designed primarily to provide convenience
goods and personal services for persons living in the surrounding residential areas. Further the
intent of this district is to allow administrative approval of development in some cases.
Further, the NC designation is in line with future land use plans for this area which is
Residential Neighborhood. With additional homes to be built in this area we believe the proposed
rezoning will benefit the future residents providing close by commercial services. Further, it will
not unreasonably affect in any adverse way the surrounding land uses.
RKR:slt
Cc: Client
5241982.1:010385.00001
Sincerely yours,
Hall, Estill, Hardwick, Gable, Golden &
Nelson, P.C.
Robert K. Rhoads
PlanniQQjQQMM0sion
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. May 23, 2022
Tulsa • Oklahoma City • Northwe bAftmEtew 45 IR&L4022-0021 (Black Pine Construction and Development)
www.hallestill.com Page 9 of 14
Black Pine/Happy Hollow
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0 0.0175 0.035 0.07 mi
0 0.03 0.06 0.12 km
The daia nnhined herein wasnmpi led from vadns sauces fa the soh use and benefit of
he City of Fayellevtse Geogrephi into. attn System and the pubic agencies it serves
Any we of the dab by anyone other than fie City of Fayelevlle is at the sob risk of the
uer; and by acceptance of this datq ge neer does hembyagme to indemnify I's City of
Fayetteville and hold he City of Feyeltevile harmless from and wlhnl liability for any
cWhes, actions, mat fordemagesofary nature,indidiig he dyticoal ofddense, asseded
by user or by mult.n ni.nu Iron, the we ofthh dah. The Cy of Fayellwitka makes no
erpreas orimplcd w—nir—wih referents to the data Noword, phrase, arpause fognd
herein ehalbe corehued towaMelhal lorliamunaysel frslhunderArknassiaFanning Commission
May 23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 10 of 14
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 11 of 14
RZN-2022-0021
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I Planning Corimission
0A.ay-23, 2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 12 of 14
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 13 of 14
RZN-2022-0021 I RZN-2022-0021
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Planning Co t
ission
2022
Agenda Item 15 RZN-2022-0021 (Black Pine Construction and Development)
Page 14 of 14
Masters, Jessica
From: Planning Shared
Sent: Monday, May 23, 2022 1:59 PM
To: Masters, Jessica
Subject: FW: rezoning land on happyhollow road. i have 5 acres that joins this property on the
south and continues to 4th street. all property that joins me is single family and i would
like for it to stay rsf-4.thanks. and continuing to 4th street
For you
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
CITY or-
FAYETTE ILLE
ARKANSAS
From: bill rogers [mailto:bands1944@gmail.com]
Sent: Monday, May 23, 2022 11:23 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: rezoning land on happyhollow road. i have 5 acres that joins this property on the south and continues to 4th
street. all property that joins me is single family and i would like for it to stay rsf-4.thanks. and continuing to 4th street
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.
Masters, Jessica
From: Planning Shared
Sent: Monday, May 23, 2022 1:54 PM
To: Masters, Jessica
Subject: FW: Rezone RZN 2002-0021
Please read below.
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
CITY or-
FAVETTEVILLE
ARKANSAS
From: Clint Hofer [mailto:chofer@slingfly.com]
Sent: Monday, May 23, 2022 9:17 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Rezone RZN 2002-0021
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, my name is Clint Hofer and I'm adjacent to this rezone on Happy Hollow Rd.
Although I'm not able to attend this hearing, I wanted to share my opinion that this property NOT be rezoned from RSF-
4 to (INC).
As someone south of this property, the water drains onto my property and I've spent thousands of dollars in drainage
and grading to try and control the water. A development like this would drastically affect my house and property.
Also, the amount of traffic, parking and noise would really really not fit with the quiet street Happy Hollow Road is.
The letter I received stressed that "commercial services" adding to our street would benefit the neighbors, but I
disagree and strongly feel it would ruin the quiet family street it is.
There are many commercial services right around the corner on both Crossover and Huntsville.
Finally, I would ask everyone involved if they would want a rezoning like this directly next to their home and property ... I
feel the overwhelming thought would be "no".
Thank you for your consideration.
Clint
368 S Happy Hollow Rd
Fayetteville Ar 72701
