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HomeMy WebLinkAboutOrdinance 6690 INIIII IIIIII II IN Ifl IIIOIII I IIIII IIIII IIIII IIII III I IIM IIIII I II Doc ID: 021305470003 Type: REL Kind: ORDINANCE Recorded: 10/16/2023 at 02:28:48 PM Fee Amt: $25.00 Page 1 of 3 F„E, Washington County, AR 4 Fy Kyle Sylvester Circuit Clerk 2023 00026994 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6690 File Number: 2023-1097 REZONING-2023-0022: (5672 W.TACKETT DR/HOGREFE,436): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0022 FOR APPROXIMATELY 2.32 ACRES LOCATED AT 5672 WEST TACKETT DRIVE IN WARD 4 FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-FAMILY,FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RSF-4, Residential Single-Family, Four 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 October 3,2023 ApproV'd: Attest: _top!!Iif It r��t�-i��� `U\J. G1TV p'� •.c.- • .. :rAVE�EVILLE:• 73� Li eld Jor or Kara Paxton,City Cle Treasurer ��, • �•�yi��A NSi'S •./N Page 1 RZN-2023-0022 Close Up View 5672 W. TAC KETT DR I RZN-2023-0022 EXHIBIT "A" TACKETT-DR J� Unclassified Residential Link Trail (Proposed) _~ Planning Area ! - - Fayetteville City Limits Q W _ W I W Z IW Subject Property Proposed RSF-4 JC V RSF-4 W a O 0 W tU Z Q G Z M U) 1 MV4 Feet 0 75 150 300 450 600 1:2,400 'J& NORTH Zone Current Proposed R-A 2.32 0.0 RSF-4 0.0 2.32 Total 2.32 ac RZN-2023-0022 EXHIBIT 'B' Legal Description Extended Legal PT E/2 SW 2.32 AC - FURTHER DESCRIBED FROM 2017-39122 AS: Part of the E/2 of the SW/4 of Section 11, Township 16 North, Range 31 West, of the Fifth Principal Meridian, Washington County, Arkansas being more particularly described as follows, to -wit: Commencing at the Southeast corner of said E/2 of the SW/4, thence NO2`22'25"E a distance of 1689.60 feet, thence N87`37'35"W a distance of 625.43 feet to the POINT OF BEGINNING, thence S26`04'43"W a distance of 413.22 feet, thence N74`II'59"W a distance of 187.73 feet, thence N05`28'59"W a distance of 118.79 feet, thence N02127'14"E a distance of 217,08 feet, thence S87`37'38"E a distance of 364.66 feet to the POINT OF BEGINNING, containing 2.32 acres, more or less. CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 3, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: CITY COUNCIL MEMO 2023-1097 SUBJECT: RZN-2023-0022: Rezoning (5672 W. TACKETT DR/HOGREFE, 436): Submitted by ALAN HOGREFE for property located at 5672 W. TACKETT DR in WARD 4. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.32 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR 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 west Fayetteville south of W. Wedington Dr. approximately'/4 mile southwest of the intersection with N. 54th Ave. The property contains roughly 2.32 acres and is zoned R-A, Residential Agricultural. The property is currently developed with a 2,258 square foot single-family structure constructed in 1991 and associated outbuildings. Approximately 1/3 of the northern portion of the parcel is constrained by streamside protection zones and FEMA Floodway/Floodplain. Request: The request is to rezone the property from R-A, Residential Agricultural to RSF-4, Residential Single - Family, Four Units per Acre. The applicant has indicated in their request letter that they intend to replace an existing non -conforming shed with a new structure approximately 5 feet from the property line. Public Comment: Staff did not receive any public comment on this request prior to the Planning Commission meeting. A petition opposing the rezoning was received after the Planning Commission meeting citing traffic and safety concerns. The petition has been added to the end of the Planning Commission packet. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. While the applicant has stated no intent to build additional dwellings, the proposed rezoning to RSF-4 would potentially allow up to eight dwellings based on the size of the lot, but practical potential is less given the limited street frontage and the condition of Tackett along the property's frontage. Adjacent lots are generally split between R- A, Residential Agricultural with lot sizes of at least one acre and subdivisions developed under the RSF-4 or RSF-8 standards. Rezoning from R-A to RSF-4 will decrease minimum lot size from two acres with a required lot width of 200 feet to a minimum lot size of 8,000 square feet with a required lot width of 70 feet. Front and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 rear setbacks will decrease from 35 feet to 15 feet and side setbacks will decrease from 20 feet to 5 feet. Staff finds potential development under the RSF-4 zoning requirements to be consistent with the adjacent residential neighborhoods. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and at least one goal of City Plan 2040. The property has an infill rating that ranges from three to five. A rating in this range indicates that the area may be able to support additional density under the proposed zoning entitlements. Additionally, the request contributes to meeting Goal 6 of City Plan 2040 by creating opportunities for additional housing. The proposed rezoning is approximately 0.6 miles from a Tier 3 center at the intersection of W. Wedington Dr. and N. Double Springs Rd. While the parcel is not currently within a 15-minute walk of this tier center, staff finds that potential development of the Owl Creek Trail as indicated on the Master Trail Plan could allow a pedestrian connection to existing and future services. Lastly, while the Future Land Use Map designation for the property, Residential Neighborhood Area, recognizes a wide range of housing types and densities, the location and infill factors suggest a smaller increment of increased entitlement is appropriate. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates five attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score, which ranges from 3-5: • Adequate Fire Response (Station #7, 835 N. Rupple Rd.) • Near Sewer Main (6-inch main, W. Tackett Dr.) • Near Water Main (6-inch main, W. Tackett Dr.) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Dr. Side Path Trail) DISCUSSION: At the September 11, 2023 Planning Commission meeting, a vote of 6-2-0 forwarded the request to City Council with a recommendation of approval. There was discussion regarding whether a Board of Adjustments variance would be a more appropriate avenue to allow the applicant to reconstruct their existing shed, and staff noted that a recommendation was made to attempt a rezoning first as a site -specific hardship was not readily identifiable for the property. Commissioner Brink felt that the allowable uses in RSF-4 were more compatible than those in R-A, which allows a variety of agricultural uses. Commissioner Garlock emphasized the narrowness of the adjacent city streets and cited potential traffic hazards and distance from city services as reasons for a denial vote. Commissioner Payne also voted against the proposal. Those voting in favor cited compatibility with the adjacent properties as reasoning for their approval. Additionally, one member of the public spoke in support of the request and the applicant's proposed garage addition. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) 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 #: 2023-1097 RZN-2023-0022: Rezoning (5672 W. TACKETT DR/HOGREFE, 436): Submitted by ALAN HOGREFE for property located at 5672 W. TACKETT DR in WARD 4. The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 2.32 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0022 FOR APPROXIMATELY 2.32 ACRES LOCATED AT 5672 WEST TACKETT DRIVE IN WARD 4 FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RSF-4, Residential Single -Family, Four 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 2023-1097 Item ID 10/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/15/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0022: Rezoning (5672 W. TACKETT DR/HOGREFE, 436): Submitted by ALAN HOGREFE for property located at 5672 W. TACKETT DR in WARD 4. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 2.32 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: September 11, 2023 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2023-0022: Rezoning (5672 W. TACKETT DR/HOGREFE, 436): Submitted by ALAN HOGREFE for property located at 5672 W. TACKETT DR. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 2.10 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. RECOMMENDATION: Staff recommend forward of RZN-2023-0022 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2023-0022 to City Council with a recommendation of approval." BACKGROUND: The subject property is in west Fayetteville south of W. Wedington Dr. approximately '/4 mile southwest of the intersection with N. 54' Ave. The property contains roughly 2.1 acres and is zoned R-A, Residential Agriculture. The property is currently developed with a 2,258 square foot single-family structure constructed in 1991 and associated outbuildings. Approximately 1/3 of the northern portion of the parcel is constrained by streamside protection zones and FEMA Floodway/Floodplain. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential R-A, Residential Agriculture RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential R-A, Residential Agriculture West Undeveloped R-A, Residential Agriculture Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-4, Residential Single -Family, Four Units per Acre. The applicant has indicated in their request letter that they intend to replace an existing non -conforming shed with a new structure approximately 5 feet from the property line. Public Comment: Staff have not received any public comment about the request. Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Tackett Dr., a partially improved Residential Link with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the Subject area. Existing 6- inch water main is present on the north side of W. Tackett Dr and existing 2-inch water main is present on the south side of W. Tackett Dr. Sewer: Sanitary Sewer is available to the subject area. Existing 6-inch sewer main is present on the south side of W. Tackett Dr. 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 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 1.9 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 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: No portion of the site is within the Hillside -Hilltop Overlay District. Portions of the property lie within a FEMA floodplain, streamside protection zone, and have hydric soils. A floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Hydric soils are a known indicator 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 Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 2 of 14 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. Tree Preservation: The proposed zoning district of RSF-4, Residential Single -Family, Four Units per Acre requires 25% minimum canopy preservation. The current zoning district of R-A, Residential Agriculture 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 and Parks and Natural Area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. 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. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Parks and Natural Areas include lands that are prioritized to remain largely undeveloped, both inside and outside the urban growth areas. These include large undeveloped areas of open space, tree preservation, hillsides and steep slopes, parks, greenway linkages, stream and trail corridors, and floodplains. These areas are intended for human interaction and enjoyment, active and passive recreation, and environmental conservation. Examples of Parks and Natural Areas include Kessler Mountain Regional Park, Razorback Greenway, West Fork of the White River, Centennial Park, Lake Sequoyah and Lake Fayetteville. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 3-5 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #7, 835 n. Rupple Rd.) • Near Sewer Main (6-inch main, W. Tackett Dr.) • Near Water Main (6-inch main, W. Tackett Dr.) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Dr. Side Path Trail) 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 request to be compatible with the surrounding context. While the applicant has stated no intent to build additional dwellings, the proposed rezoning to RSF-4 would potentially allow Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 3 of 14 up to eight dwelling based on the size of the lot. Staff finds that RSF-4 would be consistent with surrounding development in the area. Adjacent lots are generally split between R-A, Residential Agriculture with lot sizes of at least one acre and minimal development and RSF-4 subdivision developments. Rezoning from R-A to RSF-4 would decrease minimum from two acres with a required lot width of 200 feet to a minimum lot size of 8,000 square feet with a required lot width of 70 feet. Front and rear setbacks will decrease from 35 feet to 15 feet. Side setbacks will decrease from 20 feet to 5 feet. These zoning requirements are consistent with the adjacent residential neighborhoods. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and one goal of City Plan 2040. The property has a low weighted infill score of 4.5. A low infill score indicates that the area may be able to support additional density if it is feasible under the proposed zoning entitlements. The request may meet Goal 6 by creating opportunities for additional housing near services thus encouraging "compact, complete, and connected development." The proposed rezoning is approximately 0.6 miles from a Tier 3 center at the intersection of W. Wedington Dr. and N. Double Springs Rd. The parcel is not currently within a 15-minute walk of this tier center, though staff finds that potential development of the Owl Creek Trail as indicated on the Master Trail Plan could allow a pedestrian connection to services in the area. 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 to RSF-4 is justified. While the applicant has not submitted any specific development plans for the area, the uses, allowances, and restrictions that accompany the RMF-6 zoning district are likely to be compatible with existing land uses as well as with future land use goals. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning to RSF-4 has an associated potential to increase traffic at this location. RSF-4 permits development up to four units per acre where it is currently limited to 0.5 units per acre. Staff finds that the potential to increase the number of residential units is unlikely to result in increased traffic danger due to the small number of increased units. 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-4 could increase population density and therefore the load on public services. Adequate water and sewer connections are available to the site at this time. Fayetteville Public Schools did not comment on this request. Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 4 of 14 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 of RZN-2023-0022 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: September 11, 2023 O Tabled © Forwarded O Denied Motion: SPARKMAN Motion to forward with a recommendation of Second: BRINK approval Vote: 6-2-0 (Commissioners Garlock and Payne opposed) BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 R-A, Residential Agriculture o §161.07 RSF-4, Residential Single -Family —Four (4) Units Per Acre • Applicant Request Letter • Site Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Additional Public Comment Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 5 of 14 161.03 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 1 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 1 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 1 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half (%) (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 Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 6 of 14 (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, §§1(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." 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 1 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 Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 7 of 14 (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. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 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." Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 8 of 14 b �� �V• /GiGK�T l f�� a� (rs +, JJ /� Oi r/r � 5 O le c & 1 5 /(5;t � n e X 15, r vi S k e- W k � � y o �> l� �� re,u; r a �ar 14e ki-e-W - heJ and R 5rl kvou !d rc lAir� A"�SO 7 h7 S T �j c� c 1�/ o i�t 1 G� �' u �✓ e, J� NO„ K (l�rete Planning Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 9 of 14 3+00 00 •► r- o'n " 9 o rT1 �� N2.27'14"E 217.08' o do �om n v 8 ' vo °c c 3> > Cn v, Z `v O N Qi N Nco M U1 m z m x m 3co 3 a m � O � pOa.......... °OC. 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TAC KETT DR One Mile View NORTH ------ 1 1 1 0 0.13 0.25 0.5 Miles 1 1 1 1 RSF-4 - r tq C 1 � Z 1 R1-12 � 1 N Z 1 1 z R1-U ' m X I— W I aI CS y I ---------------- — ----------- -----WEDINGTON DR_ ------ I.', R-O Regional Link Neighborhood Link — Unclassified — Alley — Residential Link E I Planned Neighborhood Link JIM Planned Residential Link — — Shared -Use Paved Trail Trail (Proposed) 1 Fayetteville City Limits iPlanning Area Subject Property RSF-8 PERSIMMON ST RSF-1 Planning Area _ Fayetteville City Limits _-- g I R-A i P RSIMMON I I zoning = I-2 Ganarel Indoat W RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI-12 Residential-oFce NS-L C-1 ..id.nYaI Agrlcu - IIIIIIII c-2 RSF-.5= C-3 RSP 1 FORM BASED DISTRICTS RSF-2 Downtown Core RSF< Urban Tlw— hhm RSF-� Maln Street Center RSFA Down— General RSF-18 Community S.—. RESIDENTIALMULTI-FAMILY Neighborhood Se — RMF. Neighborhood Cone J. RM112 PLANNED ZONING DISTRICTS RMF-13 I♦ Commercial. Industrial. Residential RMF-sa INSTITUTIONAL RMF-Cg _ R 1 INDUSTRIAL I-1 Heavy Commarclal aM Lbht Indoathal annlna Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 11 of 14 RZN-2023-0022 Close Up View 5672 W. TACKETT DR TACKETT-DR J� Unclassified Residential Link Trail (Proposed) _~ Planning Area ! - - Fayetteville City Limits Q W _ W I W Z IW Subject Property Propose RSF-2 JC V RSF-4 W a O 0 W tU Z Q G Z M U) 1 04 Feet 0 75 150 300 450 600 1:2,400 x F- 'J& NORTH Zone Current Proposed R-A 2.1 0.0 RSF-2 0.0 2.1 RSF-4 0.0 0.0 Total 2.1 ac September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 12 of 14 RZN-2023-0022 5672 W. TAC KETT DR Current Land Use NORTH 14 .. y. .. un Single -Family and Two -Family Residential7V-7 r ,n ' l`o 1Or• rye. ,..�.Aw ♦a. Zone P Subject Property M nM14WI 5F �n Single -Family Residential' Single -Family Residential Zone AE ♦ 6. r � - •^- l y (� 11 Single -Family Residential VN i " Jeff 5/11'6h2008 Regional Link FEMA Flood Hazard Data Unclassified 100-Year Floodplain Residential Link Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits 1:3,600 anninq Commission September 11, 2023 RZN-2023-0022 (HOGREFE) Paqe 13 of 14 RZN-2023-0022 5672 W. TAC KETT DR _ Future Land Use NORTH w W w z _z �, a rn x w Q F_ >I� ----- ------ a-------- _ WEDINGTON,DR----------�� ----------- -- --- -----` — — — — — — — — — — — — — — — — — MICHAEL-GOLF DR Subject Property Natural SABI_NE PASS w SALTE ST �Z LL oleo ID PHOENIX - Regional Link Unclassified Residential Link ■ ■ Planned Residential Link Planning Area � - - Fayetteville City Limits - - - Trail (Proposed) TACKETT-DR I i LU w w v 0 z a J � v z ntial Ix U) rhood LLI� CHAPEL RD-O � tU o I J J W U) y W O U "OCROFT-DR ' Feet 0 145 290 580 870 :11 x Ln CL•EVENGER-DR City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center September 11, 2023 RZN-2023-0022 (HOGREFE) Page 14 of 14 Petition against Rezoning: Address: 5672 W. Tackett Dr. Fayetteville, AR 72704 City of Fayetteville Planning Commission: 9-11-23 @ 5:30 pm in Room 219 or go to 0 http://www.favetteville-ar.gov/1503/Meetiniz-Agendas-Video As concerned residents of Fayetteville, Arkansas, 1/we are writing./signing this petition to express our deep concern regarding the proposed rezoning of this property. This petition aims to protect our community from overcrowding and potential negative consequences that may arise from this rezoning application. Our homes are located on a narrow road. We do not want this property to be rezoned from R- A to RSF-4. This is to try and ensure the safety of our children and other drivers. The school bus stop (Pick-up and Drop-off) is at the corner of 541" Avenue and Tackett Drive, which is already a risky spot for our children. The rezoning would increase the amount of traffic and is only asking for something tragic to happen. Rezoning would increase the amount of traffic on our small roads, increase noise pollution, and potentially harm our children walking to and from the bus stop. Help us keep some natural in our state. 5. 17. 18. Form v1 36 A WEHCO MEDIA COMPANY Account#: NWCL5004205 RECEIVED Company: CITY OF FAYETTEVILLE-CLERKS OFFI OCT 10 2023 Ad number#: 334136 CITY OF FAYETTEVI!I F PO #: CITY CLERKS OFFFC,E Matter of: ord 6690 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON 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 6690 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 NWA Democrat Gazette for publication the sum of$79.30. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 10/07/23;NWA nwaonline.com 10/07/23 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 10th day of October,2023 414%, CATHERINE STAGGS .1 MY COMMISSION 4 12402772 .; EXPIRES:February 28, 2025 C-1Q��eti+� •.:�KAti��,� Washington County NOTARY PUBLIC Ordinance:6690 File Number: 2023-1097 REZONING-2023-0022:(5672 W.TACKETT DR/HOGREFE,436): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023- RECEIVED 0022 FOR APPROXIMATELY 2.32 ACRES LOCATED AT 5672 WEST TACKETT DRIVE IN WARD 4 FROM R-A,R RSF-4,IAL REST EN- OCT 1 U 2023 CULTURAL TO RSf-4,RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY OF FAYETTEVILLE FAYETTEVILLE,ARKANSAS: CITY CLERK'S OFFICE Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RSF-4,Residen- tial Single-Family,Four Units Per Acre. Section 2:That the City Coun- cil 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 October 3,2023 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:$79.30 October 7,2023 334136 | � � � vvoshmgtnnCnunty *R | certify this instrument was filed on 10/18/2023 02:28-48 PM and recorded in Real Estate File Number 2O23'OOO2G884 Kyle Sylvester' Circuit Clerk