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HomeMy WebLinkAboutOrdinance 6674• File Number: 2023-871 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6674 Doc ID: 02,194220003 Type: REL Kind: ORDINANCE Recorded: 07/28/2023 at 03:10:59 PM Fee Amt: $25.00 Paqe 1 of 3 Washinqton County, AR Kyle Sylvester Circuit Clerk File2023-00019565 REZONING-2023-0015: (1009 S. HAPPY HOLLOW RD.BURLESON-MCCLURE, 565): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-015 LOCATED AT 1009 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY 0.30 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RMF-24, RESIDENTIAL MULTI- FAMILY, 24 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 RMF-24, Residential Multi - Family, 24 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 July 18, 2023 Page 1 nrIt//.,' ��:' GIT Y �':9J'G•. FAYETTEVII_I E:�= ..y y�.pjfANSP�'.•�``.. ; p0 N;` RZN-2023-0015 Close Up View J_ LLI C-t R-O C\/ L I V\I -Am 1009 S. HAPPY HOLLOW RD. RZN-2023-0015 EXHIBIT 'A' FAIRLANE-ST RSF-4 RMF-24 `0, - --------- O1 F� v � Ov 2 a a Q r Subject Property Regional Link - High Activity Residential Link Feet — — — Trail (Proposed) Planning Area 0 45 90 180 270 360 Fayetteville City Limits 1 : 1 ,536 P-t C-2 ,A& NORTH Zone Current Proposed RSF-4 0.30 ac 0.00 ac RMF-24 0.00 ac 0.30 ac Total 0.30 ac RZN-2023-0015 EXHIBITS' Legal Description: PT NW NW .34 AC (120 X 124) FURTHER DESCRIBED FROM 1395-744 AS: Part of the Northwest Quarter of the Northwest Quarter of Section Twenty three (23), Township Sixteen (16) North, Range Thirty(30) West, and being more particularly described as follows, to -wit: Beginning at a point which is 56.5 feet West and 311 feet North of the Southeast corner of said 40 acre tract, and running thence North 120 feet thence West 124 feet, thence South 120 feet, thence East 124 feet to the point of beginning. LESS & EXCEPT DESCRIBED PER 2019-35778 AS: Part of the Northwest Quarter of the Northwest Quarter of Section 23, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Northwest Sixteenth Comer of Section 23; thence North 86° 52' 56" West along the South line of the Northwest Quarter of the Northwest Quarter of Section 23 a distance of 55.96 feet to a point on the Westerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence North 06° 04' 43" East along said right of way line a distance of7.47 feet to a point; thence North 03' 12' 56" East along said right of way line a distance of289.19 feet to the POINT OF BEGINNING; thence North 88° 21'50" West a distance of 10.37 feet to a point on the Westerly right of way line of State Highway 16 as established by ARDOT Job 040579; thence North 03' 11' 11" East along said right of way line a distance of 101.53 feet to a point; thence North 40° 54' 19" West along said right of way line a distance of 14.37 feet to a point on the Southerly right of way line of East Fairlane Street as established by The Final Plat of Heritage filed on November 25, 1980; thence South 88° 35' 35" East along said right of way line a distance of 20.43 feet to a point on the Westerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence South 03 ° 12' 56" West along said right of way line a distance of 112.20 feet to a point of beginning and containing 0.03 acres more or less as shown on plans prepared by the ARDOT referenced as 040579. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 18, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner DATE: CITY COUNCIL MEMO 2023-871 SUBJECT: RZN-2023-0015: Rezoning (1009 S. HAPPY HOLLOW RD./BURLESON-MCCLURE, 565): Submitted by SMITH AND ASSOCIATES for property located at 1009 S. HAPPY HOLLOW RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. 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 south Fayetteville on the west side of Happy Hollow Road, about 400 feet south of the street's intersection with Huntsville Road. The property is zoned RSF-4, Residential Single -Family, Four Units per Acre; totals approximately 0.30 acres; and is currently developed with a single-family dwelling which Washington County records indicate was built in 1926. Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units per Acre to RMF-24, Residential Multi -Family, 24 Units per Acre. The applicant has stated that this rezoning is being requested to coincide with the surrounding neighborhood and allow for higher -density residential infill. Public Comment: Staff received no public comment on this item. Land Use Compatibility: Staff finds that a rezoning from RSF-4 to RMF-24 would allow for residential development that is generally compatible with other properties nearby. Both existing and proposed zoning designations restrict by -right development to residential uses, though RSF-4 only allows for single-family development at a density of four units per acre while RMF-24 allows for both single- and multi -family development at a density of 24 units per acre. Further, where RSF-4 has conventional building setbacks, RMF- 24 would require urban form setbacks with a build -to zone between zero and 25 feet from the front property line. In terms of bulk and area regulations, a rezoning from RSF-4 to RMF-24 would reduce the minimum lot width from 70 to 35 feet for single-family homes and reduce the minimum lot area from 8,000 to 3,000 square feet. Other land uses permitted in RMF-24 zoning would have different bulk and area requirements, as outlined Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 in UDC §161.16. Most other residential properties in the vicinity are developed with multi -family dwellings and zoned RMF-24, with staff accordingly finding the request to be directly compatible with the existing development pattern in the area. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the City's land use planning objectives, principles, and policies. RMF-24 would allow for development that could complement the existing development pattern in the area as well as the subject property's Future Land Use Map designation as City Neighborhood area. Rezoning would also have the potential to support Goal 1 of City Plan 2040 by creating an opportunity for moderate residential infill. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a rating of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (12-inch main, Happy Hollow Road; eight -inch main, Fairlane Street) • Near Water Main (12-inch main, Happy Hollow Road; eight -inch main, Fairlane Street) • Near City Park (Doc Mashburn Park) • Near Ozark Transit Stop (Route 20) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the June 26, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Payne made the motion and Commissioner Winston seconded it. Commissioners found the requested rezoning to be appropriate and offered little comment on the item. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-871 RZN-2023-0015: Rezoning (1009 S. HAPPY HOLLOW RD./BURLESON-MCCLURE, 565): Submitted by SMITH AND ASSOCIATES for property located at 1009 S. HAPPY HOLLOW RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-015 LOCATED AT 1009 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY 0.30 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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 RMF-24, Residential Multi -Family, 24 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. Page 1 City of Fayetteville Staff Review Form 2023-871 Item ID 7/18/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 6/30/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0015: Rezoning (1009 S. HAPPY HOLLOW RD./BURLESON-MCCLURE, 565): Submitted by SMITH AND ASSOCIATES for property located at 1009 S. HAPPY HOLLOW RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. Budget Impact: Account Number Project Number Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ - fi Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF PowFAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: June 26, 2023 (updated with results) SUBJECT: RZN-2023-0015: Rezoning (1009 S. HAPPY HOLLOW RD./BURLESON- MCCLURE, 565): Submitted by SMITH AND ASSOCIATES for property located at 1009 S. HAPPY HOLLOW RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RMF- 24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2023-0015 to City Council with a recommendation of approval based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2023-0015 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville on the west side of Happy Hollow Road, about 400 feet south of the street's intersection with Huntsville Road. The property is zoned RSF-4, Residential Single -Family, Four Units per Acre; totals approximately 0.30 acres; and is currently developed with a single-family dwelling which Washington County records indicate was built in 1926. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Funeral Home RSF-4, Residential Single -Family, Four Units per Acre South Single FamilResidential RMF-24, Residential Multi -Family, 24 Units per Acre East Fire Station P-1, Institutional West Two -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units per Acre to RMF-24, Residential Multi -Family, 24 Units per Acre. The applicant has stated that this rezoning is being requested to coincide with the surrounding neighborhood and allow for higher -density residential infill. Public Comment: To date, staff has received no public comment on this item. INFRASTRUCTURE: Streets: The subject property has frontage along Happy Hollow Road, which is a fully - improved Regional Link — High Activity street with asphalt paving, curb, gutter, and sidewalk. The subject property also has frontage along Fairlane Street, which is a fully -improved Residential Link street with asphalt paving, curb, gutter, and sidewalk. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing 12-inch water main is present on the east side of Happy Hollow Road and an existing eight -inch water main is present on the north side of Fairlane Street. Sewer: Sanitary sewer is available to the subject property. An existing 12-inch sewer main is present in the center of Happy Hollow Road. An existing eight -inch sewer main is also present on the north side of Fairlane Street. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA-designated floodplain and no protected streams present. Hydric soils are present on the property, though, which are known indicators 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's 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. Any improvements or requirements for drainage will be determined at the time of development submittal as well. Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately 85 feet from the fire station with an anticipated drive time of approximately one minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. 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 did not comment on this request. Tree Preservation: The proposed zoning district of RMF-24, Residential Multi -Family, 24 Units per Acre, requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, Four 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 City Neighborhood. City Neighborhood areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non- residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (12-inch main, Happy Hollow Road; eight -inch main, Fairlane Street) • Near Water Main (12-inch main, Happy Hollow Road; eight -inch main, Fairlane Street) • Near City Park (Doc Mashburn Park) • Near Paved Trail (Happy Hollow Road) • Near Ozark Transit Stop (Route 20) • Appropriate Future Land Use (City Neighborhood) 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: Staff finds that a rezoning from RSF-4 to RMF-24 would allow for residential development that is generally compatible with other properties nearby. Both existing and proposed zoning designations restrict by -right development to residential uses, though RSF-4 only allows for single-family development at a density of four units per acre while RMF- 24 allows for both single- and multi -family development at a density of 24 units per acre. Further, where RSF-4 has conventional building setbacks, RMF-24 would require urban form setbacks with a build -to zone between zero and 25 feet from the front property line. In terms of bulk and area regulations, a rezoning from RSF-4 to RMF-24 would reduce the minimum lot width from 70 to 35 feet for single-family homes and reduce the minimum lot area from 8,000 to 3,000 square feet. Other land uses permitted in RMF-24 zoning would have different bulk and area requirements, as outlined in UDC §161.16. Most other residential properties in the vicinity are currently developed with multi -family dwellings and zoned RMF-24, so staff finds that the requested rezoning would be directly compatible with the existing development pattern in the area. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the City's land use planning objectives, principles, and policies. RMF-24 would allow for development that could complement the existing development pattern in the area as well as the subject property's Future Land Use Map designation as City Neighborhood area. Rezoning would also have the potential to support Goal 1 of City Plan 2040 by creating an opportunity for moderate residential infill. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning from RSF-4 to RMF-24 is justified and needed at this time. A rezoning to RMF-24 would complement the existing development and zoning pattern in the area, while remaining aligned with the City's future land use plans and goals. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RMF-24 has the potential to increase traffic along Happy Hollow Road and Fairlane Street. However, the size of the property and any applicable development requirements should naturally limit the scale of any future development, thus limiting adverse impacts on traffic danger and congestion. Any necessary street or traffic improvements would be determined at the time of development review. 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: The proposed rezoning from RSF-4 to RMF-24 has the potential to alter the population density since it would increase the maximum number of residential units permitted on site from one to seven. However, staff finds that this would not undesirably increase the load on public services since the property is close to public amenities and existing water and sewer infrastructure. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0015 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: June 26, 2023 Motion: Payne ISecond: Winston Vote: BUDGET/STAFF IMPACT: None O Tabled M Forwarded with a recommendation of approval O Denied ATTACHMENTS: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family — Four (4) Units Per Acre o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 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 1 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two 2 family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 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 (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 , §§l (Exh. C), 2, 4-20-21) 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development 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 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 1 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 35 feet Two-family 35 feet Three or more 1 70 feet Professional offices 1 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two 2 family 4,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 1 2 stories/3 stories/5 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% 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. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; 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, 8, 9, 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. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Written Description of 1009 S Happy Hollow Rd RMF-24 Rezone per the city of Fayetteville Request Rezoning Application A. Current ownership information and any proposed or pending property sales The subject property is owned by Pam Burleson and Samantha McClure, the property is currently for sale. B. Reason for requesting the zoning change The reason for the rezoning request is for the subject property to coincide with the surrounding neighborhood and allow for higher residential density. C. How would the proposed rezoning relate to the surrounding properties Proposed rezoning would coincide with the surrounding properties RZN-2023-0015 1009 S. HAPPY HOLLOW RD One Mile View NORTH 0 0.13 0.25 0.5 Miles MSC 1 P-1 WYMAN I RD I , I 1 I I I , � RSF-4LU �I RI L I II > = I I Q �\ Subject Property '� y ITI ' ILL c 1 � cs , O Ik l L. l?►sV� IIv RSF-8 Neighborhood Link Regional Link - High Activity Unclassified Residential Link M Planned Neighborhood Link — — — Trail (Proposed) _ ! Fayetteville City Limits ~ Planning Area Ad R-A zoning = 11 Genarel IMe—1 RESIDENT IALSINGLE-FAMILY EXTRACTION NS = E-1 RI-U COMMERCIAL RI-12 Reeitlential-OFce �NSL �C-1 �RYBI-Agncunural �C-2 1_ RSF -.5.5 C3 _ RSF-1 FORM BASED DISTRICTS Downtown Gore RSF< Urpan Tlwr hgM RSF-� RSFA �Mdln SVeat Caller D-- Ganarel " ❑ RSF-18 Commeniyrvi� Saa RESIDENTIALMULTI-FAMILY Neigh --]Services p RMFS � NeigM1borM1aatl —J.- - J RM112 PLANNED ZONING DISTRICTS RMF-18 M Commercial. IntlusNal. Resitleniial 1 Planning Area---=�- __! RMF-sa INSTITUTIONAL RMF-CO _ R 1 Fayetteville City Limits g INDUSTRIAL I-, Heavy GommarMalaM LlgM lntlaeitlal - - _ RZN-2023-0015 Close Up View C-t R-O C\/ L I V\I flim 1009 S. HAPPY HOLLOW RD. FAIRLANE-ST Regional Link - High Activity Residential Link - - - Trail (Proposed) Planning Area Fayetteville City Limits RSF-4 RMF-24 0 45 90 Subject Property Feet 180 1:1,536 01 270 360 le----------- O .off i P-t C-2 ,A& NORTH Zone Current Proposed RSF-4 0.30 ac 0.00 ac RMF-24 0.00 ac 0.30 ac Total 0.30 ac RZN-2023-0015 Current Land Use LE 1009 S. HAPPY HOLLOW RD Commercial 0 x 1A Subject Property Municipal, Undeveloped, and Commercial W. ORTH �.Ir f k i .w e9 a Commercial STUDY yg' Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity Unclassified too -Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 Planning Area �'3'600 Fayetteville City Limits RZN-2023-0015 Future Land Use _N 11111!1111112w_� Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits - - - Trail (Proposed) 1009 S. HAPPY HOLLOW RD 0 Residential Neighborhood 00 J J 'LE'RO J W y1N Subject Property Civic Institutio I G O J p City 4 Neighborhood 13TH •ST—DM HEI Feet 0 145 290 580 1:4,800 870 1,160 IORTH 22 I--- >T LEE ST HEL•EN•ST 'Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Form v1 25 media A WEHCO MEDIA COMPANY Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI Ad number #: 307435 PO #: Matter of. ORD 6674 RECEIVED JUL 2 4 2023 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE AFFIDAVIT • STATE OF ARKANSAS • COUNTY OF WASHINGTON I, Carla Gardner, do solemnly swear that I am the Finance Director 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 in the matter of: ORD 6674 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. And that there is due or has been paid the Northwest Arkansas Democrat Gazette for publication the sum of $87.10. (Includes $0.00 Affidavit Charge). NW4 Democrat Gazette 07122123; NW4 nwaonline.com 07122123 Finance Director ,��..., �$`�. ��,. CATHERIFtE STAQGS .'TN».F MY COMMISSION M 12402772 n - EXPIRES: February 28, 2025 '''fK�►.fir rgrnnr . Washington County NOTARY PUBLIC Ordinance: 6674 File Number: 2023-871 REZONING-2023-0015: (1009 S. HAPPY HOLLOW RD./BURLESON-MCCLURE, 565): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23- 015 LOCATED AT 1009 SOUTH HAPPY HOLLOW ROAD IN WARD 1 FOR APPROXIMATELY 0.30 ACRES FROM RSF-4,RESIDEN- TIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RMF-24, RESI- DENTIAL MULTI -FAMILY, 24 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 Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo from RSF-4, Residential Single - Family, 4 Units Per Acre to RMF- 24, Residential Multi -Family, 24 Units Per Acre. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on July 18, 2023 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $87.10 July 22, 2023 307435 RECEIVED JUL 2 42023 C" CLERKS OFFICE Washington County, AR I certify this instrument was filed on 07/28/2023 03:10:59 PM and recorded in Real Estate File Number 2023-00019565 Kyle Sylvester - Circuit Clerk