HomeMy WebLinkAboutOrdinance 6675 111111 III II 1111111111 II II II II II
FF"yElr, Doc ID: 021225350003 Type: REL
o/ Kind: ORDINANCE
Recorded: 08/21/2023 at 08:56:52 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle
er Circuit Clerk
; Fi1e202t3-00021681
�'9 Hh_A N�/
113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
Ordinance: 6675
File Number: 2023-916
REZONING-2023-0016:(2900 N.HUGHMOUNT RD./RENNER,243):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-016
LOCATED AT 2900 HUGHMOUNT ROAD IN WARD 4 FOR APPROXIMATELY 4.35 ACRES FROM R-A,
RESIDENTIAL-AGRICULTURAL TO RSF-1,RESIDENTIAL SINGLE-FAMILY, 1 UNIT 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
both attached to the Planning
shown on the map (Exhibit A) and the legal description (ExhibitB)
Department's Agenda Memo from R-A,Residential Agricultural to RSF-1,Residential Single-Family, 1 Unit 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 August 1,2023
Approver Attest:
���GER K/ r•
ioneld Jordan or Kara Paxton,City Cl Treasurer FAY 7Tc V(LLt
Page 1
RZN-2023-0016 2900 N. HUGHMOUNT RD
Close Up View
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Neighborhood Link
Unclassified
Residential Link
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Subject Property
Proposed RSF-1
Feet
0 75 150 300
1:2,400
450 600
R-A
RZN-2023-0016
EXHIBIT 'A'
'J&
NORTH
Zone Current Proposed
R-A 4.0 0.0
RSF-1 0.0 4.4
Total 4.4 ac
A T L A S
PROFESSIONAL LAND SURVEYING
RZN-2023-0016
EXHIBIT 'B'
P.O. BOX 1026
West Fork, AR 72774
Ph. 479.294.6177
PARCEL #765-21246-200 & PARCEL #765-21246-300 SURVEY DESCRIPTION:
A PART OF THE FRACTIONAL SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET #4 REBAR WHICH
IS N89048'32"W 920.00 FEET FROM THE SOUTHEAST CORNER OF SAID
FRACTIONAL SE'/4 NW'/4 AND RUNNING THENCE N89048'32"W 404.73 FEET
TO AN EXISTING MAGNETIC SOUNDING MARKING THE SOUTHWEST
CORNER OF SAID FRACTIONAL SE'/4 NW'/4, THENCE ALONG THE WEST
LINE OF SAID FRACTIONAL SE'/4 NW'/4 N01 020'14"E 467.99 FEET, THENCE
LEAVING SAID WEST LINE S89048'23"E 405.47 FEET TO A SET #4 REBAR,
THENCE S01 025'42"W 467.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.35 ACRES, MORE OR LESS. SUBJECT TO ALL RECORD AND
NON RECORDED EASEMENTS, RESTRICTIONS, RESERVATIONS,
COVENANTS, MINERAL RIGHTS AND RIGHTS -OF -WAY, IF ANY.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 1, 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
2023-916
SUBJECT: RZN-2023-0016: Rezoning (2900 N. HUGHMOUNT RD./RENNER, 243): Submitted by
ATLAS PLS for property located at 2900 N. HUGHMOUNT RD. in WARD 4. The
property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately
4.35 acres. The request is to rezone the property to RSF-1, RESIDENTIAL SINGLE-
FAMILY, ONE UNIT 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 located just within city limits on the east side of Hughmount Road in northwest
Fayetteville. The property contains one parcel totaling 4.35 acres which is currently undeveloped and zoned R-
A, Residential -Agricultural. The property was annexed into the City of Fayetteville last year (Ord. 6570). A lot
split, which would subdivide the subject property into three parcels of equal size, is current under
administrative review (LSP-2023-0025).
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to RSF-1, Residential
Single -Family, One Unit per Acre.
Public Comment: Staff received no public comment on this item.
Land Use Compatibility: Staff finds the proposed rezoning to be compatible with surrounding land uses. The
subject property is located just within city limits and is largely surrounded by low -density rural residences to the
north and west and higher -density single- and two-family residential subdivisions to the south and east. A
rezoning from R-A to RSF-1 on the subject property would allow for a slight increase in density, from 0.5 units
per acre to one unit per acre, while limiting by -right development to single-family residences. Setback
requirements and maximum building heights would remain unchanged with the proposed rezoning. Bulk and
area regulations would vary slightly with a rezoning from R-A to RSF-1 reducing the minimum lot width from
200 feet to 150 feet and reducing the minimum lot area from two acres to 35,720 square feet. When
considering the regulations associated with each zoning district and the size of the subject property, staff finds
that the proposed rezoning would allow for low -density single-family residential development that is appropriate
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
in scale and consistent with the existing development pattern in the area.
Land Use Plan Analysis: Staff finds that a rezoning from R-A to RSF-1 could support the property's future land
use designation as Residential Neighborhood area since it would encourage the development of low -density
detached dwellings in a suitable environment. While the property has a low infill score of two, staff finds that
the proposed rezoning could support Goals 1 and 2 of City Plan 2040 by allowing for an incremental incrtease
in density for an area that has largely become developed with low -density residential subdivisions, and by
discouraging suburban sprawl outside of city limits.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a rating of 2 for this site. The following
elements of the matrix contribute to the score:
• Near Sewer Main (eight -inch main, Bittersweet Drive)
• Near Water Main (six-inch main, Hughmount Road)
DISCUSSION:
At the July 10, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with
a recommendation of approval. Commissioner Garlock made the motion and Commissioner Payne 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 #: 2023-916
RZN-2023-0016: Rezoning (2900 N. HUGHMOUNT RD./RENNER, 243): Submitted by ATLAS
PLS for property located at 2900 N. HUGHMOUNT RD. in WARD 4. The property is zoned R-A,
RESIDENTIAL -AGRICULTURAL and contains approximately 4.35 acres. The request is to
rezone the property to RSF-1, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-016 LOCATED AT 2900 HUGHMOUNT ROAD IN WARD 4 FOR APPROXIMATELY 4.35
ACRES FROM R-A, RESIDENTIAL -AGRICULTURAL TO RSF-1, RESIDENTIAL SINGLE-
FAMILY, 1 UNIT PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RSF-1,
Residential Single -Family, 1 Unit 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
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-916
Item ID
8/1/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/14/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0016: Rezoning (2900 N. HUGHMOUNT RD./RENNER, 243): Submitted by ATLAS PLS for property located
at 2900 N. HUGHMOUNT RD. in WARD 4. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains
approximately 4.35 acres. The request is to rezone the property to RSF-1, RESIDENTIAL SINGLE-FAMILY, ONE UNIT
PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: July 10, 2023 (updated with results)
SUBJECT: RZN-2023-0016: Rezoning (2900 N. HUGHMOUNT RD.1RENNER, 243):
Submitted by ATLAS PLS for property located at 2900 N. HUGHMOUNT
RD. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and
contains approximately 4.35 acres. The request is to rezone the property
to RSF-1, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0016 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
`7 move to forward RZN-2023-0016 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located just within city limits on the east side of Hughmount Road in
northwest Fayetteville. The property contains one parcel totaling 4.35 acres which is currently
undeveloped and zoned R-A, Residential -Agricultural. The property was annexed into the City of
Fayetteville last year (Ord. 6570). A lot split, which would subdivide the subject property into three
parcels of equal size, is current under administrative review (LSP-2023-0025). Surrounding land
uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Rural Residential
R-A, Residential -Agricultural
South
Rural Residential
R-A, Residential -Agricultural
East
Rural Residential
R-A, Residential -Agricultural
West
Rural Residential
AG/SF 1, Agricultural/Single-Family Residential, One
Unit per Acre (Washington County)
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to RSF-
1, Residential Single -Family, One Unit per Acre.
Public Comment: To date, staff has not received any public comment regarding this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Hughmount Road, an unclassified street
with asphalt paving and open ditches. 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 six-inch water main is
present on the east side of Hughmount Road.
Sewer: Sanitary sewer is not currently available to the subject property.
Drainage: No portion of the property lies within a FEMA-designated floodplain or the
Hillside/Hilltop Overlay District and no protected streams or hydric soils are
present. Any improvements or requirements for drainage would be determined at
the time of development proposal.
Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 2.8 miles from the fire station with an anticipated drive time of
approximately six minutes using existing streets. The anticipated response time
would be approximately 8.2 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 current zoning district of R-A, Residential -Agricultural and the proposed
zoning district of RSF-1, Residential Single -Family, One Unit per Acre both require
25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood area.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 2 for this site
with a weighted score of 4. The following elements of the matrix contribute to this score:
Near Sewer Main (eight -inch main, Bittersweet Drive)
Near Water Main (six-inch main, Hughmount 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: Staff finds the proposed rezoning to be compatible
with surrounding land uses. The subject property is located just within city
limits and is largely surrounded by low -density rural residences to the north
and west and higher -density single- and two-family residential subdivisions
to the south and east. A rezoning from R-A to RSF-1 on the subject property
would allow for a slight increase in density, from 0.5 units per acre to one
unit per acre, while limiting by right development to single-family residences.
Setback requirements and maximum building heights would remain
unchanged with the proposed rezoning. Bulk and area regulations would
vary slightly with a rezoning from R-A to RSF-1 reducing the minimum lot
width from 200 feet to 150 feet and reducing the minimum lot area from two
acres to 35,720 square feet. When considering the regulations associated
with each zoning district and the size of the subject property, staff finds that
the proposed rezoning would allow for low -density single-family residential
development that is appropriate in scale and consistent with the existing
development pattern in the area.
Land Use Plan Analysis: Staff finds that a rezoning from R-A to RSF-1 could
support the property's future land use designation as Residential
Neighborhood area since it would encourage the development of low -density
detached dwellings in a suitable environment. While the property has a low
infill score of two, staff finds that the proposed rezoning could support Goals
1 and 2 of City Plan 2040 by allowing for increased density in an area that
has largely become developed with low -density residential subdivisions,
and by discouraging suburban sprawl outside of city limits.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning is justified and/or needed at this time.
A rezoning to RSF-1 could promote a slight increase in density near the
City's periphery, and it could serve as a transition between low -density rural
residential areas to the north and west and higher -density single-family
residential areas to the south and east.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the subject property from R-A to RSF-1 is likely to
have a negligible impact on traffic danger and congestion. The property has
frontage along a portion of Hughmount Road that is unclassified in the 2040
Master Street Plan, and no traffic crashes have been reported nearby.
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 R-A to RSF-1 has the potential to increase
population density at this location, though impacts on public services are
not expected to be significant. The site has access to public water and
access to public sewer is being coordinated as part of an associated lot split.
Any necessary upgrades or extensions to water or sewer lines would be
determined at the time of development review. 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-2023-0016 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
JDate: July 10, 2023 O Tabled
Motion: Garlock
ISecond:Payne
Vote:
BUDGET/STAFF IMPACT:
None
® Forwarded O Denied
with recommendation
of approval
ATTACHMENTS:
• Unified Development Code:
o §161.03 District R-A, Residential -Agricultural
o §161.05 District RSF-1, Residential Single -Family —One (1) Unit Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half 'h
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback
from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the
building over one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09;
Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427 , §§l(Exh.
C), 2, 4-20-21)
161.05 District RSF-1, Residential Single -Family - One (1) Unit Per Acre
(A) Purpose. A district having single-family detached residences on lots with a minimum size of one (1) unit per acre.
The district is designed to permit and encourage the development of very low density detached dwellings in
suitable environments, as well as to protect existing development of these types.
(B) Uses.
(C) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(D) 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 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(E) Density.
Units per acre 1
(F) Bulk and Area Regulations.
Lot width minimum
150 feet
Lot area minimum
35,720 square feet
Land area per dwelling unit
35,720 square feet
(G) Setback Requirements
Front Side Rear
35 feet 20 feet 35 feet
(H) Building Height Regulations.
Building Height Maximum 3 stories
Building Area. None
(Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; 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. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21)
A T L A S
PROFESSIONAL LAND SURVEYING
To whom it may concern:
P.O. BOX 1026
West Fork, AR 72774
Ph. 479.294.6177
Our client, Mr. Renner is proposing a rezone of parcels 765-21246-200 & 765-21246-300
from R-A to R-1. The parcels total 4.35 acres and is located on N. Hughmount Road. If
you have any questions or comments, please contact this office.
Thank you,
Tim West, PS
RZN-2023-0016
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City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Mill Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center
Washington County,AR
I certify this instrument was filed on
08/21/2023 08:56:52 AM
and recorded in Real Estate
File Number 2023-00021681
Kyle Sylvester- Circuit Clerk
by