HomeMy WebLinkAboutOrdinance 6823 F F , liii liii t II II lI 11111111 llll II
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Doc ID: 021896090003 Type:
+ = 7 Kind: ORDINANCE
,�•,� Recorded: 12/18/2024 at 11:34:13 AM
( Fee Amt: $25.00 Page 1 of 3
Washington County, AR
\ k' „ } Kyle Sylvester Circuit Clerk
File2024-00033050
a Fk ANSP/
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6823
File Number: 2024-762
PLANNED ZONING DISTRICT-2024-0007: (8049 W.WEDINGTON DR./BUFFALO LEASING LLC,432):
AN ORDINANCE TO APPROVE A PLANNED ZONING DISTRICT ENTITLED PZD-2024-007 FOR
APPROXIMATELY 3.85 ACRES LOCATED AT 8049 WEST WEDINGTON DRIVE IN WARD 4
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 approves PZD-2024-07 as described in
Exhibits "A" and"B"attached to the Planning Division's Agenda Memo which allows the development of 3.85 acres
of a Planned Zoning District to change the use of the existing single-family home to a commercial office.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning
criteria change provided in Section 1 above.
PASSED and APPROVED on December 4,2024
Approv : Attest: 00
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16:FAYETTEViI_LL.;
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ioneld Jordan, y Kara Paxton,City C erk Treasurer c,
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas.
Amount Paid: $ (TU ,
Page 1
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WEDINGTON DR
Regional Link
Unclassified
Planning Area
Fayetteville City Limits
Residential-Agricultural
Close Up View
PZD-2024-0007 8049 W. WEDINGTON DR
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Legal Description of 8049 W. Wedington
Part of the Southeast quarter of the Southwest quarter of Section nine (9) in
Township sixteen (16) North of Range thirty one (31) West, being more
Particularly described as starting 208.7 feet East of the North West corner of said
Forty acre tract for a point of beginning, and running, thence East 526.6 feet,
thence South 874 feet, thence West 526.6 feet, thence North 874 feet to the
point of beginning, containing 10.58 acres, more or less. Subject to that part
within the right-of-way of State Highway #16, a/k/a West Wedington Drive and
any other easements of record.
LESS AND EXCEPT:
A part of the Southeast Quarter of the Southwest Quarter of Section 9,
Township 16 North, Range 31 West, Washington County, Arkansas, and more
particularly described as beginning at a point 358.71 feet East of the Northwest
corner of said 40 acre tract; thence East 173.6 feet; thence S. 1°23'33" W.,
874.0 feet; thence West 323.6 feet; thence N. 1°23'33" E., 583.6 feet; thence
East 150.0 feet; thence N. 1°23'33" E., 290.4 feet to the point of beginning,
containing 5.493 acres, more or less, and subject to that part within the rightof-
way State Highway #16 and any other easements of record.
Washington County,AR
I certify this instrument was filed on
12/18/2024 11:34:13 AM
and recorded in Real Estate
File Number 2024-00033050
Kyle Sylvester- Circuit Clerk
by
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-762
MEETING OF DECEMBER 4, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Kylee Cole, Long Range & Preservation Planner
SUBJECT: PZD-2024-0007: Planned Zoning District (8049 W. WEDINGTON DR/ BUFFALO
LEASING LLC, 432): Submitted by D&W CONTRACTORS for property located on 8049
W. WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 3.85 acres. The request is to rezone the
property to a PLANNED ZONING DISTRICT.
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, approximately 0.37 miles east of the intersection of N. 85th Ave.
and W. Wedington Dr. The property was annexed into Fayetteville city limits and rezoned to its current
designation in 2006. It contains approximately 3.85 acres and is zoned R-A, Residential-Agricultural. The
property is currently developed with a single-family dwelling and outbuilding and is not part of any overlay or
master planning areas. In December 2023, the property was purchased by the current owner with the intent of
using it as the office for D&W Contractors. When the applicant applied for a commercial business license at the
property, staff noted that the property did not have appropriate entitlement for a commercial office use, leading
to the request to rezone the property to a Planned Zoning District.
Request:The applicant requests to rezone the property to a Planned Zoning District with one Planning Area, as
described below:
• Planning Area #1 – 3.85 acres: The intention of this planning area is to permit the adaptive reuse of
the existing single-family home for a commercial office.
Public Comment: To date, staff has received no public comment on this item but did receive one general
inquiry about the nature of the request.
Land Use Compatibility: Staff finds the applicant’s request to be compatible with existing surrounding land
uses. An existing nonconforming commercial property, which has housed an auto salvage since at least 2003,
is located to the east and south. Single-family properties are located to the north and west. Approximately
0.30-mile west is a C-1 zoned undeveloped property. The applicant’s request is not proposing a change in
density from the current R-A zoning, but adding Use Unit 21: Warehousing and Wholesale and Use Unit 25:
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Offices, Studios, and related services which are not permitted or conditional uses in the current zoning. Staff
finds that these added uses are likely compatible with the surrounding land uses.
Land Use Plan Analysis: Staff finds that the request is consistent with the City’s land use and zoning plans.
The proposed PZD is substantially similar to what could be developed by right under the existing zoning
district, with the notable exception of allowing Use Unit 21 and 25 by right. Staff finds that the proposal aligns
with the future land use designation for the property. This property is designated as a Rural Residential Area in
City Plan 2040. Notably, many areas with this designation were once outside of the City and have historically
hosted a variety of agricultural, small-scale commercial, and light industrial uses. This proposal will allow for
the flexible use of land on the periphery of the city until an orderly transition to urban development can be
accomplished, which may support Goal #2 of City Plan 2040, to discourage suburban sprawl.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix does not include any factors associated with
this property.
DISCUSSION:
At the November 12, 2024 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City
Council with a recommendation of approval. The commissioners cited future land use compatibility and
staff recommendations as noted in the report as reasons for approval.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-762
PZD-2024-0007: Planned Zoning District (8049 W. WEDINGTON DR/ BUFFALO LEASING
LLC, 432): Submitted by D&W CONTRACTORS for property located on 8049 W.
WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL
and contains approximately 3.85 acres. The request is to rezone the property to a PLANNED
ZONING DISTRICT.
AN ORDINANCE TO APPROVE A PLANNED ZONING DISTRICT ENTITLED PZD-2024-007
FOR APPROXIMATELY 3.85 ACRES LOCATED AT 8049 WEST WEDINGTON DRIVE IN
WARD 4
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 approves PZD-2024-07 as
described in Exhibits “A” and “B” attached to the Planning Division’s Agenda Memo which allows the
development of 3.85 acres of a Planned Zoning District to change the use of the existing single-family
home to a commercial office.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to
reflect the zoning criteria change provided in Section 1 above.
11/15/2024
Submitted Date
No
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V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
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-$
No
No -$
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Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-762
Item ID
12/3/2024
City Council Meeting Date - Agenda Item Only
PZD-2024-0007: Planned Zoning District (8049 W. WEDINGTON DR/ BUFFALO LEASING LLC, 432): Submitted by
D&W CONTRACTORS for property located on 8049 W. WEDINGTON DR. in WARD 4. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 3.85 acres. The request is to rezone the property to a
PLANNED ZONING DISTRICT.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
THRU: Gretchen Harrison, Senior Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING: November 12, 2024
SUBJECT: PZD-2024-0007: Planned Zoning District (8049 W. WEDINGTON DR/
BUFFALO LEASING LLC, 432): Submitted by D&W CONTRACTORS for
property located on 8049 W. WEDINGTON DR. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 3.85 acres. The
request is to rezone the property to a PLANNED ZONING DISTRICT.
RECOMMENDATION:
Staff recommends forwarding PZD-2024-0007 to City Council with a recommendation of approval.
RECOMMENDED MOTION:
“I move to forward PZD-2024-0007 to City Council with a recommendation of approval, with
conditions as outlined by staff.”
BACKGROUND:
The subject property is in west Fayetteville, approximately 0.37 miles east of the intersection of
N. 85th Ave. and W. Wedington Dr. The property was annexed into Fayetteville city limits and
rezoned to its current designation in 2006. It contains approximately 3.85 acres and is zoned R-
A, Residential-Agricultural. The property is currently developed with a single-family dwelling and
outbuilding and is not part of any overlay or master planning areas. In December 2023, the
property was purchased by the current owner with the intent of using it as the office for D&W
Contractors. When the applicant applied for a commercial business license at the property, staff
noted that the property did not have appropriate entitlement for a commercial office use, leading
to the request to rezone the property to a Planned Zoning District. 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 R-A, Residential Agricultural
South Commercial (Auto Salvage) R-A, Residential Agricultural
East Commercial (Auto Salvage) R-A, Residential Agricultural
West Single-Family Residential R-A, Residential Agricultural
Proposal: The applicant requests to rezone the property to a Planned Zoning District with one
Planning Area, as described below:
• Planning Area #1 – 3.85 acres: The intention of this planning area is to permit the
adaptive reuse of the existing single-family home for a commercial office.
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 1 of 21
Public Comment: To date, staff have received no public comment on this item but did receive one
general inquiry about the nature of the request.
INFRASTRUCTURE:
Streets: The subject area has access to W. Wedington Dr. (State Hwy. 16), and
unimproved Regional Link Street with asphalt paving and open ditches along the
property’s frontage. Any street or drainage improvements required in these areas
would be determined at the time of development.
Water: Public water is available to the subject area. The subject property is within
Washington Water Authority’s service area and there appears to be a 6” water line
along the property’s W. Wedington Dr. frontage.
Sewer: Sanitary Sewer is not available to the subject area.
Drainage: No portion of the subject area lies within a FEMA floodplain, a protected stream,
Hillside-Hilltop Overlay District, or contain hydric soils.
Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 4 miles from the fire station with an anticipated drive time of
approximately 6 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 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. 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 PZD, Planned Zoning District, requires 25% minimum canopy
preservation. The current zoning district R-A, Residential-Agricultural 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 Rural Residential.
Rural Residential Areas recognize existing low-density large lot development but are identified
to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands
that are sparsely settled. These areas may or may not have adequate street and water
infrastructure or public services, such as police and fire protection to support urban or suburban
densities and development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix does not include an infill score for
this property.
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 2 of 21
FINDINGS OF THE STAFF
1. 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 applicant’s request to be compatible
with existing surrounding land uses. An existing nonconforming commercial
property, which has housed an auto salvage since at least 2003, is located
to the east and south.1 Single-family properties are located to the north and
west. Approximately 0.30-mile west is a C-1 zoned undeveloped property.
The applicant’s request is not proposing a change in density from the
current R-A zoning, but adding Use Unit 21: Warehousing and Wholesale and
Use Unit 25: Offices, Studios, and related services which are not permitted
or conditional uses in the current zoning. Staff finds that these added uses
are likely compatible with the surrounding land uses.
Land Use Plan Analysis: Staff finds that the request is consistent with the
City’s land use and zoning plans. The proposed PZD is substantially similar
to what could be developed by right under the existing zoning district, with
the notable exception of allowing Use Unit 21 and 25 by right. Staff finds that
the proposal aligns with the future land use designation for the property.
This property is designated as a Rural Residential Area in City Plan 2040.
Notably, many areas with this designation were once outside of the City and
have historically hosted a variety of agricultural, small-scale commercial,
and light industrial uses. This proposal will allow for the flexible use of land
on the periphery of the city until an orderly transition to urban development
can be accomplished, which may support Goal #2 of City Plan 2040, to
discourage suburban sprawl.
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 as it aligns with the City
Plan 2040 Future Land Use designation for the site.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed PZD is not likely to have a significant impact on traffic danger
or congestion in the area. Vehicular access will be from W. Wedington Dr.
and no increase in density is proposed.
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.
1 Aerial photos for this area are only available beginning in 2003, when the auto salvage appears to be well
established. Washington County Assessor records indicate the property has been under the same ownership since
1974, and the salvage operation may be much older than 2003.
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 3 of 21
Finding: The proposed PZD would not alter the population density in a way that would
undesirably increase the load on public services. Staff finds that any lack of
water and sewer facilities currently are of a limited concern.
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
Sec. 161.35. Planned Zoning Districts (PZD)
(B) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned zoning and developments whose purpose is redevelopment,
economic development, cultural enrichment or to provide a single-purpose or mixed-use
planned development and to permit the concurrent processing of zoning and development.
The City Council may consider any of the following factors in review of a Planned Zoning
District application.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or commercial
or industrial services, or any combination thereof, to achieve variety and integration of
economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and
in the renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use
yet harmonious developments consistent with the guiding policies of the Future Land Use
Plan.
(10) Special Features. Better utilization of sites characterized by special features of
geographic location, topography, size or shape.
(11) Recognized zoning consideration. Whether any other recognized zoning consideration
would be violated in this PZD.
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 4 of 21
Findings: As outlined in previous findings, staff finds that the proposal is generally in
line with the factors that may be considered with a Planned Zoning District.
The proposed PZD is particularly well suited to meet the flexibility, harmony,
no negative impact, and natural feature tenets of the ordinance. This
proposal emphasizes flexibility by using the existing R-A zoning as a basis
and only adding the minimum uses needed to facilitate the business use,
without inclusion of undesirable uses permitted in some other zoning
districts. Harmony, no negative impact, and natural features are prioritized
as the proposal intends to preserve the full 25% required tree canopy
preservation, including a vegetative buffer area along the western property
line to provide screening from adjacent properties.
RECOMMENDATION: Staff recommends forwarding PZD-2024-0007 to City Council, with a
recommendation of approval, with conditions as outlined below.
Conditions of Approval:
1. Compliance with UDC 177 Landscape Regulations shall be reviewed with the associated
development plans;
2. All signage shall meet the requirements as set forth in UDC section 174.
3. Any parking lots must meet all standard design and development standards as outlined
in the Unified Development Code, including, but not limited to, paving and construction,
dimensional standards, landscape requirements, and drainage requirements;
4. This approval does not grant permit approval for any future development. Review and
approval of development plans and permits shall be required in accordance with city code.
Planning Commission Action: ❒ Forwarded ❒ Tabled ❒ Denied
Meeting Date: November 12, 2024
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Urban Forestry Memo
• Applicant Request Letter
• PZD Booklet
• One Mile Map
• Close Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 5 of 21
Urban Forestry Memo
TO: Buffalo Leasing, LLC
THRU: Kylee Cole, Long Range Planner
FROM: Melissa Evans, Urban Forester
MEETING DATE: October 16, 2024
SUBJECT: PZD-2024-0007: BUFFALO LEASING: Submitted by D&W Contractors for
property located at 8049 W. Wedington Dr. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 3.65 acres.
The request is for the property to be zoned PZD, PLANNED ZONING
DISTRICT.
RECOMMENDATION:
Urban Forestry Staff recommends approval of PZD-2024-0007 since tree preservation has been
addressed in the booklet. The applicant states that, “PZDs require 25% of the canopy to be
preserved.”
Since the south side of site is heavily forested, it is highly recommended that as many trees be
preserved as possible to meet the minimum requirement for preservation. The buildings, parking,
utilities, and other infrastructure elements should be designed around the trees. Preserved trees
should be considered to be placed in Tree Preservation Easements.
Trees at the edges of the property need to be preserved in a minimum of 30’ wide areas to help
prevent tree loss and die-back on adjacent properties with trees. It is likely that many of the trees
on the edges will decline and die. Preservation areas along the property lines should be widened
to accommodate tree preservation, and this needs to be considered on the east side of the
property.
The PZD booklet does not state that the project will be in compliance with Ch. 177 Landscape
Regulations, but they must be met also, including street trees along public or private streets and
parking lot trees.
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 6 of 21
Dear Planning Commissioners,
Please accept the following request to rezone the property at 8049 W. Wedington Dr. to
a Planned Zoning District. The purpose of this rezone is to permit the property to be
used as the office and storage facility for our business D&W Contractors is a
construction contractor involved with historical preservation, residential remodeling, and
custom home building. D&W has been in business since 2016. D&W has employs 10
office and management personnel and 7 employees in the field. The CPZD is needed
because no existing districts align with the future land use designation for the property,
existing zoning districts contain undesirable uses that are not compatible with the area,
and requests for existing zoning districts are unlikely to garner support of staff, planning
commission, and city council.
Development plans are limited to the modification of the existing house into office space
for 10 employees and modification of the outbuilding for storage of materials. Future
plans may include expansion of the office or storage and widening of driveway by install
a culvert pipe and filling ditch.
Thank you for your consideration,
Garret Reck
D&W Contractors
8049 W. Wedington Dr.
Fayetteville, AR 72704-6143
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 7 of 21
2024
CPZD Request
Project Description: The total property is approximately 3.85 acres. The proposed
CPZD is for the entirety of the property, which is currently zoned R-A, Residential
– Agriculture. The purpose of this rezone is to permit the property to be used as
the office and storage facility for our business D&W Contractors is a construction
contractor involved with historical preservation, residential remodeling, and
custom home building. D&W has been in business since 2016. D&W has
employs 10 office and management personnel and 7 employees in the field. The
CPZD is needed because no existing districts align with the future land use
designation for the property, existing zoning districts contain undesirable uses
that are not compatible with the area, and requests for existing zoning districts
are unlikely to garner support of staff, planning commission, and city council.
Scope: Modify the existing house into office space for 10 employees and modify
outbuilding for storage of materials. Future plans may include expansion of the
office or storage and widening of driveway by install a culvert pipe and filling
ditch.
Legal Description Part of the Southeast quarter of the Southwest quarter of
Section nine (9) in Township sixteen (16) North of Range thirty one (31) West,
being more Particularly described as starting 208.7 feet East of the North West
corner of said Forty acre tract for a point of beginning, and running, thence East
526.6 feet, thence South 874 feet, thence West 526.6 feet, thence North 874 feet
to the point of beginning, containing 10.58 acres, more or less. Subject to that
part within the right-of-way of State Highway #16, a/k/a West Wedington Drive
and any other easements of record.
LESS AND EXCEPT:
A part of the Southeast Quarter of the Southwest Quarter of Section 9, Township
16 North, Range 31 West, Washington County, Arkansas, and more particularly
described as beginning at a point 358.71 feet East of the Northwest corner of
said 40 acre tract; thence East 173.6 feet; thence S. 1°23'33" W., 874.0 feet;
thence West 323.6 feet; thence N. 1°23'33" E., 583.6 feet; thence East 150.0
feet; thence N. 1°23'33" E., 290.4 feet to the point of beginning, containing 5.493
acres, more or less, and subject to that part within the rightof-way State Highway
#16 and any other easements of record.
Planning Commission
November 12, 2024
PZD-2024-0007 (BUFFALO LEASING LLC)
Page 8 of 21
TITLE PAGE
A. Ownership
Buffalo Leasing LLC
Registered Agent: Walter Potapov
8049 W. Wedington Dr.
Fayetteville, AR 72704-6143
B. Scope & Project
a. Project Description: The total property is approximately 3.85 acres. The proposed
CPZD is for the entirety of the property, which is currently zoned R-A, Residential
– Agriculture. The purpose of this rezone is to permit the property to be used as
the office and storage facility for our business D&W Contractors is a construction
contractor involved with historical preservation, residential remodeling, and
custom home building. D&W has been in business since 2016. D&W has
employs 10 office and management personnel and 7 employees in the field. The
CPZD is needed because no existing districts align with the future land use
designation for the property, existing zoning districts contain undesirable uses
that are not compatible with the area, and requests for existing zoning districts
are unlikely to garner support of staff, planning commission, and city council.
b. Scope: Modify the existing house into office space for 10 employees and modify
outbuilding for storage of materials. Future plans may include expansion of the
office or storage and widening of driveway by install a culvert pipe and filling
ditch.
C. General Project Concept
a. Considerations:
i. Flexibility – This proposal offers an alternative not available directly
through other zoning. By using the existing R-A zoning and adding the
minimal necessary use additions, this plan utilizes this site for a
commercial use without the inclusion of undesirable uses permitted in
other zoning districts.
ii. Compatibility – This proposal would not affect the character of the area,
since it already contains a variety of residential and nonresidential uses
as proposed in this CPZD. The adjacent properties are noted as a fencing
contractor and used car lot.
iii. No adverse effects – This project does not create negative impacts for
existing or future developments on adjacent properties.
iv. Coordination – The neighboring property owners were all introduced to
the project and our justification for the request.
v. Natural features – Several trees occupy the site. Tree preservation shall
be at the standard 25% preservation of canopy for a PZD. A undisturbed
vegetated buffer area can be maintained along property lines to the west
to provide screening between adjacent properties.
vi. Future Land Use: This property is designated as a Rural Residential Area
in City Plan 2040. The City Plan lays out guiding principles for a Rural
Residential Area. Notably, many areas with this designation were once
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November 12, 2024
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outside of the City and have historically hosted a variety of agricultural,
small-scale commercial, and light industrial uses. The rural residential
land future land use designation includes guidelines that proposed
development should utilize alternative development patterns such as
cluster or conservation subdivisions to achieve compatibility with
surrounding areas. Similarly, this proposal will allow allowing for the
flexible use of land on the periphery of the city until and orderly transition
to urban development can be accomplished.
vii. Special Features: No special features of geographic location, topography,
size or shape are located on this parcel.
viii. Recognized Zoning Considerations: No other recognized zoning
consideration would be violated in this PZD.
b. Streets, Trail and Pedestrian Connectivity, Lot Layout, Stormwater Detention
Areas & Drainage, Fire Access & Fire Code, Site Grading: No development is
proposed for the site.
c. Tree Preservation Areas: No tree preservation easements are proposed, but
PZDs require 25% of the canopy to be preserved.
D. Planning Area
The entire 3.85-acre property is proposed as a single planning area.
Site plans and attached below.
E. Existing and Proposed Zoning Standards
Existing Zoning Detail:
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
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(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 One-half (½)
(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.
Proposed PZD Detail:
(A) Purposes. The purpose of this CPZD is to provide opportunities for single-family
dwellings, agricultural uses, and low-intensity commercial uses that are typical in
formerly unincorporated areas.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
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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 21 Warehousing and wholesale
Unit 25 Offices, studios, and related
services
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 One-half (½)
(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 5 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the 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
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November 12, 2024
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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.
F. Zoning Comparison
Zoning Standards Existing Zoning: R-A,
Residential-Agricultural
Proposed PZD
Density ½ per acre ½ per acre
Setbacks Front: 35 Feet
Side: 20 Feet
Rear: 35 Feet
Front: 35 Feet
Side: 5 Feet
Rear: 35 Feet
Height None. None.
Building Area None. None.
G. Site Analysis: Several trees occupy the site. There are no other known natural resources
or natural or manmade hazards.
H. Recreational Facilities: None.
I. Reason for Rezoning: The purpose of this rezone is to permit the property to be used as
a contractor’s office, which is not a currently permitted or conditional use.
J. Relationship to Adjacent Properties:
The property abuts W. Wedington Dr., designated as a Regional Link Street in the
Master Street Plan, to the north. To the west is a 5.8-acre residential property. To the
east and south is a 10.5-acre commercial property that was the former location of ABC
Auto and includes an office, warehouse/shop, and auto salvage yard.
K. Land Use Plan: This property is designated as a Rural Residential Area in City Plan
2040. The City Plan lays out guiding principles for a Rural Residential Area. Notably,
many areas with this designation were once outside of the City and have historically
hosted a variety of agricultural, small-scale commercial, and light industrial uses.
Although not wholly aligned with this plan designation, this project complements the Plan
by providing:
a. An opportunity to preserve and protect small-scale business (similar to principle
#4).
This proposal also aligns with Goal #2 of City Plan 2040, to discourage urban sprawl, by
allowing for the flexible use of land on the periphery of the city until and orderly transition
to urban development can be accomplished.
L. Existing Infrastructure:
a. Water: Washington County Water Authority
b. Sewer: Septic
c. Streets: The property abuts W. Wedington Dr., designated as a Regional Link
Street in the Master Street Plan, to the north.
Planning Commission
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Legal Description of 8049 W. Wedington
Part of the Southeast quarter of the Southwest quarter of Section nine (9) in
Township sixteen (16) North of Range thirty one (31) West, being more
Particularly described as starting 208.7 feet East of the North West corner of said
Forty acre tract for a point of beginning, and running, thence East 526.6 feet,
thence South 874 feet, thence West 526.6 feet, thence North 874 feet to the
point of beginning, containing 10.58 acres, more or less. Subject to that part
within the right-of-way of State Highway #16, a/k/a West Wedington Drive and
any other easements of record.
LESS AND EXCEPT:
A part of the Southeast Quarter of the Southwest Quarter of Section 9,
Township 16 North, Range 31 West, Washington County, Arkansas, and more
particularly described as beginning at a point 358.71 feet East of the Northwest
corner of said 40 acre tract; thence East 173.6 feet; thence S. 1°23'33" W.,
874.0 feet; thence West 323.6 feet; thence N. 1°23'33" E., 583.6 feet; thence
East 150.0 feet; thence N. 1°23'33" E., 290.4 feet to the point of beginning,
containing 5.493 acres, more or less, and subject to that part within the rightof-
way State Highway #16 and any other easements of record.
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Planning Commission
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Existing Floor Plan
Floor Plan
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Planning Commission
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C-1
RSF-4
R-A
RSF-1
H
A
RMON
R
D
WEDINGTON DR
85
T
H
A
V
E
HAMEST
R
I
N
G
R
D
Regional Link
Unclassified
Residential Link
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
PZD-2024-0007 8049 W. WEDINGTON DR N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
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PZD-2024-0007 (BUFFALO LEASING LLC)
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R-A
RI
C
H
E
S
R
D
COLUMBIA
DR
RA
I
N
C
R
O
W
R
D
WEDINGTON DR
Regional Link
Unclassified
Planning Area
Fayetteville City Limits
Residential-Agricultural
Close Up View
PZD-2024-0007 8049 W. WEDINGTON DR
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
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RI
C
H
E
S
R
D
COLUMBIA
DR
WEDINGTON DR
Regional Link
Unclassified
Planning Area
Fayetteville City Limits
Current Land Use
PZD-2024-0007 8049 W. WEDINGTON DR N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential
1:3,600
Single-Family ResidentialSingle-Family Residential
Single-Family Residential
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Non-Municipal
Government
Rural
Residential
H
A
RMON
R
D
WEDINGTON DR
85
T
H
A
V
E
H
A
M
E
S
T
R
I
N
G
R
D
Regional Link
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
PZD-2024-0007 8049 W. WEDINGTON DR N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
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Form v1.54
NV\ A
media
RECEIVED
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI DEC 0 9 2024
113 W MOUNTAIN CITY OF FAYETTEVILLE
FAYETTEVILLE,AR 72701 CITY CLERKS OFFICE
Ad number#: 463837
PO#:
Matter of: Ord. 6823
AFFIDAVIT•STATE OF ARKANSAS
1, Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON 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.6823
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$88.16.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 12/08/24;NWA nwuonline.com 12/08/24
Legal Cle �`��J`c'. •
......tiF�''
State of ARKANSAS,Countyof Sebastian ; o� Z`�40
2%%
_ �OTAAy
Subscribed and sworn to before me on this 9th day of December, 2024 =m
CO '. jOUBL\G o c,
TARY PUBLIC
Ordinance:6823
File Number: 2024-762
PLANNED ZONING DISTRICT-
2024-0007:(8049 W.WEDING-
TON DR./ BUFFALO LEASING
LLC,432):
AN ORDINANCE TO APPROVE
A PLANNED ZONING DISTRICT
ENTITLED PZD-2024-007 FOR
APPROXIMATELY 3.85 ACRES
LOCATED AT 8049 WEST WED-
INGTON DRIVE IN WARD 4
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby approves PZD-
2024-07 as described in Ex-
hibits"A"and"B"attached to
the Planning Division's Agenda
Memo which allows the devel-
opment of 3.85 acres of a
Planned Zoning District to
change the use of the existing
single-family home to a com-
mercial office.
Section 2:That the official
zoning map of the City of Fayet-
teville, Arkansas is hereby
amended to reflect the zoning
criteria change provided in Sec-
tion 1 above.
PASSED and APPROVED on
December 4,2024
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:$88.16
December 8,2024 463837
