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HomeMy WebLinkAboutORDINANCE 5928113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5928 File Number: 2016-0517 RZN 16-5633 (2350 W. WEDINGTON DR./UPTON): Doc ID: 017240540003 Type: REL Kind: ORDINANCE Recorded: 01/11/2017 at 08:55:17 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, Ali Kyle Svlvester Circuit Clerk File2017-00000913 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5633 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 2350 WEST WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS, Neighborhood Services. 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 12/6/2016 F,y, rTR E?,,/* •M � j `;'EAYETTEVILLE; Attest: :'t�I,,f{AN`a�`- Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 12/7/16 16-5633 EXHIBIT 'AV RZN 16-5633 Close Up View J CORNERSTONE PL a x RMF-12 R � In N H it a PRIVATE 1271 VALLEY DR I� RSF-4 w > a ¢ F w O Z J Z w O U J Z J UPTON Subject Property HOLLY ST ORA DR BERRY ST Legend Planning Area Fayetteville City Limits - Feet - Trail (Proposed) — — 0 112.5 225 450 675 900 Design Overlay District Building Footprint 1 inch = 300 feet NORTH LAWSON ST RSF-4 RMF-12 RMF-24 Residential -Office P-1 16-5633 EXHIBIT 'B' A Part of the Southwest Quarter of the Northwest Quarter of Section Eight (8), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: begiiniing at a point which is 12 rods East of the Southwest corner of said SW 1/4 of the NW 1/4 and running.thence East 10 rods, thence North 16 rods, thence West 10 rods, thence South 16 rods to the point of beginning, containing one (1) acre. LESS AND EXCEPT That portion previously conveyed to the Arkansas State Highway Commission in warranty deed filed for record October 18, 1995 as land document No. 95-55589 of the records of Washington County, Arkansas, containing in said exception 0.03 acres, more or less. Washington county, AR 1 certify this instrument was filed on 01 /11 /2017 08:5517 AM and recorded in Real Estate File Number 2017913 - Kyle Sylvester - ircuit le by Of s:nrFtaF u` m 113 West Mountain Street Fayetteville, AR 72701 (479) .575-8323 Ordinance: 5928 File Number: 2016-0517 RZN 16-5633 (2350 W. WEDINGTON DR./UPTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5633 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 2350 WEST WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS, Neighborhood Services. 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 12/6/2016 Page 1 •.uy L',FAYETTEVILLI Attest: "'",'; ;f'J�RNc,P`'ti`�5�: Vr'�i rrNC TMI Sondra E. Smith, City Clerk Treasurer Printed on 1217116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0517 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 6 RZN 16-5633 (2350 W. WEDINGTON DRJUPTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5633 FOR APPROXIMATELY 0,80 ACRES LOCATED AT 2350 WEST WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES (LEFT ON THE FIRST READING) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS, Neighborhood Services. 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. City of Fayetteville, Arkansas Page 1 Printed on 121712016 City of Fayetteville Staff Review Form 2016-0517 Legistar File ID 11/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 10/28/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5633: Rezone (2350 W. WEDINGTON DR./UPTON, 403): Submitted by JEFF UPTON for property at 2350 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget i V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Tay r Y l CITY COUNCIL AGENDA MEMO At-11e ANSAS MEETING OF NOVEMBER 15, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: October 28, 2016 SUBJECT: RZN 16-5633: Rezone (2350 W. WEDINGTON DRJUPTON, 403): Submitted by JEFF UPTON for property at 2350 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to NS, Neighborhood Services, as requested by the applicant and as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is located one lot east of the northeast corner of Wedington Drive and Porter Road. The property is developed with an approximately 2,800 square foot, 2-story building that was constructed in 1955 according to County records. This was roughly one year before the property's annexation in to the City of Fayetteville in December of 1956. Of the structure's square footage, about 1,800 is on the first floor and classified as retail by Washington County records, while the remainder is upstairs and has been used as an apartment. The property is currently zoned RSF-4, Residential Single-family, 4 Units per Acre. However, according to the current property owner and county records the building has consistently been used for commercial purposes other than its recent period of vacancy, and the Washington County Assessor lists the property type as "commercial improved." In researching City records, there is evidence that this property was previously zoned R-1, Low -density Residential prior to the 2003 citywide adoption of a digital zoning map to replace the hand -drawn paper maps utilized since the 1970's. Request: The request is to rezone the subject property from RSF-4, Single-family Residential, 4 Units per Acre to NS, Neighborhood Services. The property has long been used for nonresidential purposes, but the abandonment of use and the current zoning of RSF-4 make commercial use of the building not possible unless the property is rezoned or a conditional use permit is granted. City Code considers a nonconforming use abandoned if it does not occur for a period of six months, and given the building's recent, multi -year vacancy, the only allowable uses are those permitted by right in the RSF-4 zoning district. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: The subject property is surrounded by single-family structures on both sides of Wedington Drive. These homes range in construction date from 1946 to 1968. That said, the subject property's structure, having been built in 1955 and developed alongside the existing neighborhood, is an established part of the character of the neighborhood as a commercial use. It is scaled appropriately with the approximately 2,800 square foot building size acting as a limitation in and of itself on the potential impacts to adjacent homes. Furthermore, the NS, Neighborhood Services zoning district would not offer the opportunity to develop significantly more on the existing lot. With floor area maximums varying between 1,500 and 3,000 depending on the use, any business will be inherently restricted in scale and intensity. Land Use Plan Analysis: The Future Land Use Map designates the property as a Residential Neighborhood Area. These areas are primarily residential, but low -intensity, non-residential uses can be appropriate. The subject property is adjacent to Wedington Drive, a 4-lane state highway, classified by the City of Fayetteville's Master Street Plan as a Principal Arterial. Rezoning the property to NS, Neighborhood Services, is consistent with land use planning objective and zoning plans as it limits non-residential uses to a maximum size of 3,000 square feet, thereby providing an appropriate scale and location to offer goods and services to the adjacent community and wider area. DISCUSSION: On October 24, 2016 the Planning Commission forwarded the applicant's request with a recommendation for approval by a vote of 6-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B • Application • Planning Commission Staff Report 16-5633 EXHIBIT 'A' RZN 16-5633 Close Up View CORNERSTONE PL a .y „a °i a PRIVATE 1221 VALLEY OR r LU a R-O � � O z 1iF•24 z p R CL CL g RSF-4 Legend 1 Planning Area P. L Fayetteville City Limits Trail (Proposed) -.J: Design Overlay District Building Footprint UPON Subject Property Feet 0 112.5 225 450 675 1 inch = 300 feet NORTH HOLLY ST LAWSO;� sT ©RA OR SERRY ST RSF-4 " RMF-12 RMF-24 Residential -Office 900 P-1 16-5633 EXHIBIT 'B` A Part of the Southwest Quarter of the Northwest Quarter of Section Eight (8), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: begiiniing at a point which is 12 rods East of the Southwest corner of said SW 1/4 of the NW 1/4 and running.thence East 10 rods, thence North 16 rods, thence West 10 rods, thence South 16 rods to the point of beginning, containing one (1) acre. LESS AND EXCEPT That portion previously conveyed to the Arkansas State Highway Commission in warranty deed filed for record October 18, 1995 as land document No. 95-55589 of the records of Washington County, Arkansas, containing in said exception 0.03 acres, more or less. CITY OF FAYETTEVILLE, ARKANSAS REZONING l 011 STAFF USE ONLY FEE: $325.00 Date Application Submiue& Sign Fee: $5.00 Oate Accepted as Complete: S-T-R: Case /Appeal Number: ", PP#:P Pubtic hearing Date: j 'Zone: Please fill out this forth completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant Representative Applicant (person making request): l Name: Address: CI-1 �>�j + Representative (engineer, surveyor, realtor, etc.): Name: Address: Phone: Phone: (t,1`A ) 9 Fax: Fax: Site Address / Location: Current Zoning District: lz5F- 9 Requested Zoning District: NS Assessor's Parcel Number(s) for subject property: — ) 3 ? D- - oo 0 FINANCIAL INTERESTS The !ol lrn4 kikt entities and / or people have financial interest in this project: March 2014 Page I APPLICANT/REPRESENTA TIME: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name ,r-) Date:I IC z-ioj PROPERTY OWNER(S) /AUTHORIZED AGENT. I/we certify wider penalty of perjury that 1 anVwe are the owner(s) of the property that is the subject of this application and that Ilwe have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attachif additional info necessary): Name (printed): J off Address: q e C-L-e/'t it —I.)., s i'a-yi •' 7A2-2 ' c5'1 rnittllre: Phone: Date:L0WN Vyr "?l Name (printed): Date; �y- Address: �,-2 i 1< / W , -7J 77 Phone: ('17C) 5" f l - 011'v Rezoning Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel neap from the Washington County Assessor's office or from the Washington County website (w ww.co.wushington_ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF Fay% —Ile ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Jonathan Curth, Senior Planner October 24, 2016 (Updated with Planning Commission Results) SUBJECT: RZN 16-5633: Rezone (2360 W. WEDINGTON DRJUPTON, 403): Submitted by JEFF UPTON for property at 2350 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 16-5633 with a recommendation for approval. BACKGROUND: The subject property is located one lot east of the northeast corner of Wedington Drive and Porter Road. The property is developed with an approximately 2,800 square foot, 2-story building that was constructed in 1955 according to County records. This was roughly one year before the property's annexation in to the City of Fayetteville in December of 1956. Of the structure's square footage, about 1,800 is on the first floor and classified as retail by Washington County records, while the remainder is upstairs and has been used as an apartment. The property is currently zoned RSF-4, Residential Single-family, 4 Units per Acre. However, according to the current property owner and county records the building has consistently been used for commercial purposes other than its recent period of vacancy, and the Washington County Assessor lists the property type as "commercial improved." In researching City records, there is evidence that this property was previously zoned R-1, Low -density Residential prior to the 2003 citywide adoption of a digital zoning map to replace the hand -drawn paper maps utilized since the 1970's. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surrounding Zoning and Land Use Direction from Site Land Use Zoning North Single-family Residential RSF-4, Residential Single-family South Single-family Residential RSF-4. Residential Single-family East Single-family Residential RSF-4, Residential Single-family i West Single-family Residential RSF-4, Residential Single-family Request: The request is to rezone the subject property from RSF-4, Single-family Residential, 4 Units per Acre to NS, Neighborhood Services. The property has long been used for nonresidential purposes, but the abandonment of use and the current zoning of RSF-4 makes the use of the building an existing non -conforming use. City Code considers a nonconforming use abandoned if it does not occur for a period of six months, and given the building's recent, multi -year vacancy, the only allowable uses are those permitted by right in the RSF-4 zoning district. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.cgov Fayetteville, AR 72701 Public Comment: Minimal public comment has been received, but what staff has heard is supportive of this rezoning, citing the need for the building and property to be maintained and that the proposed tenant is an ideal fit for the area. INFRASTRUCTURE: Streets: The subject parcel has access to Wedington Drive, a fully improved Principal Arterial -classified street and state highway. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 8-inch water main in the Wedington Drive right-of-way available for service. Sewer: Sanitary sewer is available to the site. There is an existing 6-inch located along the northern edge of this parcel available for service. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Much of this property is identified as FEMA-regulated floodplains. No portions of this parcel lies within the Hilitop-Hillside Overlay District or has slopes in excess of 15%. Hydric soils are present on the site and any proposed development may be required to provide a preliminary wetlands statement. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the property as a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. The designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. 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: In staff's opinion, a rezoning of the subject property from the incongruous single-family residential zoning district to the proposed low -intensity commercial zoning district is compatible with surrounding uses and generally consistent with City Plan 2030. G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr (Upton) 403\03 Planning Commission\10-24-2016 Land Use Plan Analysis: The subject property is surrounded by single-family structures on both sides of Wedington Drive. These homes range in construction date from 1946 to 1968. That said, the subject property's structure, having been built in 1955, developed alongside the existing neighborhood and has been present ever since. It is scaled appropriately with the approximately 2,800 square foot building size acting as a limitation in and of itself on the potential impacts to adjacent homes. Furthermore, the NS, Neighborhood Services zoning district would not offer the opportunity to develop significantly more on the existing lot. With floor area maximums varying between 1,500 and 3,000 depending on the use, any business will be inherently restricted in scale and intensity. Land Use Plan Analysis: The Future Land Use Map designates the property as a Residential Neighborhood Area. These areas are primarily residential, but low -intensity, non-residential uses can be appropriate. The subject property is adjacent to Wedington Drive, a 4-lane state highway, classified by the City of Fayetteville's Master Street Plan as a Principal Arterial. Rezoning the property to NS, Neighborhood Services, is consistent with land use planning objective and zoning plans as it limits non-residential uses to a maximum size of 3,000 square feet, thereby providing an appropriate scale and location to offer goods and services to the adjacent community and wider area. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion .the rezoning is justified and needed. According to the City and Country records, the property has been used for non-residential uses or owned by non-residential entities since it was constructed in 1955. Further, it appears that the property was originally developed outside of the City's boundaries, and was subsequently zoned R-1, Low -density Residential despite the property's non-commercial structure and use. The current residential zoning does not permit commercial uses by right. Currently, a commercial use of the building is not possible as it has been determined that there has been an "abandonment of use" for more than six consecutive months. This restricts the use of the existing commercial building. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property has been used for a variety of non-residential uses for approximately 60 years and it does not appear to have increased traffic danger or congestion to any noticeable degree. Rezoning the property to Neighborhood Services will allow a greater variety of both residential and non-residential uses, some of which could generate more traffic. However, the square footage limitation required by the Neighborhood Services district will prevent the property from being developed with a large commercial structure or more than a few residential dwellings, neither of which could appreciably increase traffic and congestion. G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr. (Upton) 403\03 Planning Commission\10-24-2016 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 to Neighborhood Services should not create an undesirable increase on public services. The property has been used historically for non-residential uses. The Fayetteville Police and Fire Departments have reviewed and commented on this rezoning request with no objections. 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: NIA RECOMMENDATION: Staff recommends forwarding RZN 16-5633 to the City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: October 24, 2016 O Tabled ® Forwarded O Denied Motion: Quinlan Second: Selby Vote: 6-0-0 CITY COUNCIL ACTION: Required YES Date: O Approved O Denied BUDGET/STAFF IMPACT: None GAETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr (Upton) 403\03 Planning Commission\10-24-2016 Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family, 4 Units per Acre o §161.17, NS, Neighborhood Services • Request letter • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr. (Upton) 403\03 Planning Commission\10-24-2016 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 (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 f Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business 1 Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr. (Upton) 403\03 Planning Commission\10-24-2016 Land area per 8,000 square 6,000 square dwelling unit feet I feet (E) Setback Requirements, Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (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) G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W Wedington Dr. (Upton) 403\03 Planning Commission\10-24-2016 161.17 - Neighborhood Services (A) Purpose. The Neighborhood Services district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right i Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) family dwellings J Unit 12 _ Limited Business Unit 24 � Home occupations Unit 41 Accessory dwelling units Unit 44 Cottage Housing Development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses (2) Conditional Uses. Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 40 Sidewalk cafes Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr. (Upton) 403\03 Planning Commission\10-24-2016 Two (2)family 70 feet Three or more 90 feet All other uses None (2) Lot Area Minimum Single-family 4,000 square feet Two (2) family or 3,000 square feet of lot area per more dwelling unit All other permitted and None conditional uses (E) Setback Regulations Front: A build -to zone that is located between 10 and 25 feet from the front property line Side 5 feet Rear 15 feet (F) Building height Regulations Building Height Maximum 45 feet (G) Building area On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. (Ord. No. 5312, 4-20-10; Ord. No 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1- 20-15; Ord. No 5800, § 1(Exh A), 10-6-15) G:\ETC\Development Services Review\2016\Development Review\16-5633 RZN 2350 W. Wedington Dr. (Upton) 403\03 Planning Commission\10-24-2016 RZN 16-5633 Request Letter Dear Planning commission, My na►ne is Jeff Upton and my wife and 1 bought the commercial building at 2350 W Wedington Dr to use for our locksmith shop that is currently on N. College Ave. The building on Wedington is currently zoned as XSF4 and we are requesting it be changed to NS (neighborhood services) so we can operate our current business in that location. Thank you Jeff Upton 97 Dye Creek Ad West Fork Ar 72774 479-694-9689 RZN 16-5633 One Mile View W UPTON 0 0.125 0.25 0.5 Miles O • • 3} RMF-6 ■ 4 . RNIr-24 Ri11F-12 55 Subject Property - R-o r RSF-4 L NC04 boa `4 ell 9. EXTRACTION Legend ME, 'w*aw..*',�ew.r fANhI.ENC1Ak Planning AreaFa etteville Cit Limits�__ Y Y mRx �naeataarRkrn i •••°•° Shared Use Paved Trailrrrl®o <Limits Trail (Proposed)�---'4t FIANNE020NING DISTRICTS DZONDesign Overlay District ,---- PlanamnQAr om.,.tl.,,° NTIONA`Fay Building FootprintIN9T RZN 16-5633 UPTON Close Up View NORTH J CORNERSTONE PL a U � � LAWSON ST �Qy Ai. 0 w ry HOLLY sT a IL IL PRIVATE 122.1 VALL FY DR w > R'0 a a ti w _ � O RNIF-24 LU z J i RSF-4 Legend Planning Area L - _ Fayetteville City Limits x. Trail (Proposed) Design Overlay District Building Footprint Subject Property ORA DR BFPRY Sr Feet 0 112.5 225 450 675 900 1 inch = 300 feet RSF-4 RMF-12 RMF-24 Residential -Office t P - 1 RZN 16-5633 UPTON Current Land Use NORTH Multi Family w , ' , _ l!� � L, ST A' :' " • ,:; Single Family it t 40, f: W�ILLEY DR f4 �r Y, Subjec# Praperty %° Single Family k e -r ` Single Fam ily n ily x ' 4t Church "`� WN11ID L FLOO D H�1ZrA ` rye x Si ! •Fam ORA JI .Wil ► f wu All ♦ - Of -ft- t �. if.9�i. � � fir: ,♦;f rr.� �.�-s�`.wgi�}Y.; Legend �* Streams Street Streets Existing MSP Class Feet COLLECTOR PRINCIPAL ARTERIAL 0 75 150 300 450 600 L Planning Area L — Fayetteville City Limits DEC 2 2 2016 NORTHWEST ARKANSAS CCIiY CLERKS OFFIICE Democrat . � nefte 7 " It 0 AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord 5928 Was inserted in the Regular Edition on: December 15, 2016 Publication Charges: $ 67.60 K_ 0-0-L& Karen Caler Subscribed and sworn to before me This G day oftyc , 2016. 06CU, kV,_ Notary Public My Commission Expires:Zv'Zt CATHY WILES Arkansas B=.neon County i Notary Pui�lic QCornin�° 12397118 shy Commission E plres Feb 20. 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance-5928 File Number: 2016-0517 RZN 16-5633 (2350 W. WEDINGTON DR./UPTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5633 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 2350 WEST WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS, Neighborhood Services. 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 12/6/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73962629 Dec. 15, 2016