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
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EXHIBIT 'A'
FAIRLANE-ST
RSF-4
RMF-24
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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
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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
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Regional Link - High Activity
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Residential Link
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— — — Trail (Proposed)
_ ! Fayetteville City Limits
~ Planning Area
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zoning
= 11 Genarel IMe—1
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PLANNED ZONING DISTRICTS
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RZN-2023-0015
Close Up View
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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
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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
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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
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Subject Property
Civic
Institutio
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4 Neighborhood
13TH •ST—DM
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Feet
0 145 290 580
1:4,800
870 1,160
IORTH
22
I---
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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