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HomeMy WebLinkAboutOrdinance 6516 OF FAYET pet, G m :t , \\9RKaNSS 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 /R C H I V E D Ordinance: 6516 File Number: 2021-0952 RZN-2021-076(5295 W. WEDINGTON RD./NWA CUSTOM HOMES,INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-076 LOCATED AT 5295 WEST WEDINGTON DRIVE FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G,NEIGHBORHOOD SERVICES-GENERAL, R-A, RESIDENTIAL AGRICULTURAL, AND RI-U, RESIDENTIAL INTERMEDIATE-URBAN 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 provided by the applicant and shown in the Agenda Packet under additional information from R-A, Residential Agricultural to NS-G,Neighborhood Services-General, R-A, Residential Agricultural, and RI-U, Residential Intermediate-Urban. 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. IIIII ID: 11111111 44460 II IIIII II II (I I I II PASSED and APPROVED on 1/4/2022 D Type: Kind: ORDINANCE Recorded: 01/18/2022 at 03:37:27 PM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File2022-00001912 Page 1 Printed on 1/5/22 Ordinance: 6516 File Number: 2021-0952 Approve, Attest: wilif```` ARK• ffIll i t Tk� ,-..//'/ . Sc, A ..A., .-p%,,, ,2‘4,..4 _0,w/di te__---...______„ 1/411/06.--Wkid---e,4 ): •1...n.. ' FAYETTEVILLE: :: L oneld Jordan, aye Kara Paxton, City Clerk Treasured • . ; ;. •'i,9sy•�kANSk • ````� i i LNG/QN 0()``iii � Page 2 Printed on 1/5/22 RZN-2021-000076 Rezone request for NWA Close Up View cs WEDINGTON DR Propo ed NS-G R-o Subject Property CEO RNtl 6 Propo••d RI-U —CLEVENGER DR NORTH lzs1:-4 Zoning Acres NS-G 0.6 RI-U 1.8 �."1" Regional Link Feet Trail (Proposed) Planning Area 0 75 150 300 450 600 �_ _ _ Fayetteville City Limits 1 inch = 200 feet Total 2.4 RZN-2021-000076 EXHIBIT 'B' 765-07377-000 LEGAL DESCRIPTION: LOT 1, KJELDSEN'S SUBDIVISION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD 1 AT PAGE 10 OF THE WASHINGTON COUNTY RECORDS, LESS AND EXCEPT THAT PORTION OF SAID LOT 1 DEEDED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY WARRANTY DEED FILE 2005-37032 OF THE WASHINGTON COUNTY RECORDS, ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 PER PLAT RECORD 1 AT PAGE 10; THENCE ALONG THE EAST LINE OF SAID LOT 1, S02°27'11"W A DISTANCE OF 16.46 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND AHTD MONUMENT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 16 (WEST WEDINGTON DRIVE); THENCE CONTINUING S02°27'11"W A DISTANCE OF 283.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND A FOUND 5/8 INCH REBAR; THENCE LEAVING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT 1, N87°27'14"W A DISTANCE OF 99.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 AND A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID LOT 1, NO2°26'43"E A DISTANCE OF 283.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 16 (WEST WEDINGTON DRIVE) AND A FOUND AHTD MONUMENT; THENCE LEAVING SAID WEST LINE AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S87°37'31"E A DISTANCE OF 99.74 FEET TO THE POINT OF BEGINNING, CONTAINING 0.65 ACRES (28,260 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. 765-16191-000 SURVEY DESCRIPTION: PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), OF SECTION NINETEEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 11, SAID POINT BEING AN IRON PIN WITH CAP AS SHOWN ON PROPERTY LINE ADJUSTMENT AND TANDEM LOT SPLIT PLAT BY BLEW & ASSOCIATES, P.A., BUCKLEY D. BLEW, AR PLS 1532, SURVEY FILE 2018-8079 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, NO2°24'54"E A DISTANCE OF 89.92 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN WITH CAP "BLEW 1532"; THENCE LEAVING SAID EAST LINE, N78°03'15"W A DISTANCE OF 261.28 FEET TO A SET IRON PIN WITH CAP "PLS 1156" AND THE POINT OF BEGINNING; THENCE N44°42'26"W A DISTANCE OF 135.83 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE NO2°26'43"E A DISTANCE OF 760.01 FEET TO A SET IRON PIN WITH CAP, "PLS 1156 TO THE SW CORNER OF LOT 1, KJELDSEN'S SUBDIVISION; THENCE ALONG SAID SOUTH LINE, S87°27'14"E A DISTANCE OF 99.70 FEET TO A FOUND 5/8" REBAR AT THE SE CORNER OF KJELDSEN'S SUBDIVISION; THENCE LEAVING SAID SOUTH LINE S02°27'11"W A DISTANCE OF 852.20 FEET TO THE POINT OF BEGINNING, CONTAINING 1.84 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0952 Agenda Date: 1/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2021-076 (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-076 LOCATED AT 5295 WEST WEDINGTON DRIVE FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL, R-A, RESIDENTIAL AGRICULTURAL, AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 provided by the applicant and shown in the Agenda Packet under additional information from R-A, Residential Agricultural to NS-G, Neighborhood Services -General, R-A, Residential Agricultural, and RI-U, Residential Intermediate -Urban. 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 11512022 City of Fayetteville Staff Review Form 2021-0952 Legistar File ID 12/21/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/3/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000076: Rezone (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC., 437): Submitted by HALL ESTILL LAW FIRM for properties located at 5295 W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain 2 parcels with approximately 2.43 acres. The request is to rezone approximately 0.62 acres to NS-G, NEIGHBORHOOD SERVICES -GENERAL and approximately 1.81 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Planner DATE: December 3, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000076: Rezone (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC., 437): Submitted by HALL ESTILL LAW FIRM for properties located at 5295 W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain 2 parcels with approximately 2.43 acres. The request is to rezone approximately 0.62 acres to NS-G, NEIGHBORHOOD SERVICES -GENERAL and approximately 1.81 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: The Planning Commission and city staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in west Fayetteville on the south side of W. Wedington Drive about one mile west of N. Rupple Road. The subject property is a residential lot containing approximately 1.81 acres; is zoned R-A, Residential Agricultural; and currently has one single- family dwelling on site that was built in 1958. The property has about 100 feet of frontage along Wedington and is surrounded by low -density, residential and agricultural land, with the exception of the property to the east where subdivision construction is underway. The property to the east was rezoned to NS-G, Neighborhood Services -General, and RI-U, Residential Intermediate - Urban, last year with a Bill of Assurance. The Bill of Assurance limited density to eight units per acre, dictated a street stub out to the east and west, and removed residential uses from the portion zoned NS-G. Request: The request is to rezone parcel 765-07377-000 from R-A, Residential -Agricultural, to NS-G, Neighborhood Services — General, and rezone parcel 765-16191-000 from R-A to RI-U, Residential Intermediate — Urban. Public Comment: Prior to the Planning Commission, staff received one phone call inquiry about the proposal, but the member of the public did not issue any specific comments or concerns with the request. No public comment was offered at the hearing. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: The subject property is largely surrounded by low -density, single-family, residential and agricultural land. However, the adjacent property to the east is currently being developed as a two-family residential subdivision with a commercial lot fronting W. Wedington Drive. Staff feels comfortable supporting the request given the long-term land use plans for the area, the compatibility with the adjacent property to the east, and the restrictions placed on development near protected streams, hydric soils, and floodplains. The subject area is located on a fully improved Regional Link street, W. Wedington Drive, which has a design service volume of 17,600 vehicles per day, leading staff to conclude that the existing infrastructure can absorb an increased vehicle load, particularly since the two nearest, most recent traffic counts indicate an average daily count of 11,000 near N. Pershing Street to the west and 15,000 near N. Broyles Avenue to the east. Even with some commercial uses, NS-G is considered by code to be a residential -oriented zoning district. NS-G also offers more variety in terms of land use and lot configuration than in single-family residential districts, as it requires a build -to zone and offers a limited number of commercial uses by -right. The location along Wedington makes some commercial activity appropriate and limiting the extent of the NS-G zoning to parcel 765-07377- 000 reduces the scope of the request. Placing RI-U zoning to south of that property allows for a gradual approach to the site, and provides potential walkable amenities to any new residential development that should come through in the portion zoned RI-U. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is primarily designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and low -intensity non-residential uses intended to serve the surrounding neighborhood. Given the subject area's location along W. Wedington Drive, staff finds that the by -right, non-residential uses permitted in NS-G are aligned with the long-term land use designation for this area. Although the infill matrix score is low, staff finds that the area and its infrastructure can support future development. While a portion of the site is designated as a Natural Area, staff finds that there are regulations in place for protected streams, hydric soils, and floodplain that will limit the impact on natural resources associated with any future development. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 2-4 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response • Near Sewer Main (W. Wedington Dr. and through property) • Near Water Main (W. Wedington Dr.) • Near Paved Trail (Wedington Trail) DISCUSSION: At the November 22, 2021 Planning Commission meeting, a vote of 6-0-0 forwarded the request of NS-G, Neighborhood Services -General, and RI-U, Residential Intermediate -Urban, to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Sparkman seconded. Discussion largely centered on the compatibility with the development under construction to the east, and the proposal's consistency with future land use plans and goals. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000076 Rezone request for NWA Close Up View CS R-A Subject Property Regional Link Trail (Proposed) Planning Area �- - - Fayetteville City Limits r, , L J WEDINGTON,DR -----' ----------_------------------- ProF Feet 0 75 150 300 450 600 1 inch = 200 feet Al RSF-4 NORTH Zoning Acres NS-G 0.6 RI-U 1.8 Total 2.4 RZN-2021-000076 EXHIBIT 'B' 765-07377-000 LEGAL DESCRIPTION: LOT 1, KJELDSEN'S SUBDIVISION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD 1 AT PAGE 10 OF THE WASHINGTON COUNTY RECORDS, LESS AND EXCEPT THAT PORTION OF SAID LOT 1 DEEDED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY WARRANTY DEED FILE 2005-37032 OF THE WASHINGTON COUNTY RECORDS, ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 PER PLAT RECORD 1 AT PAGE 10; THENCE ALONG THE EAST LINE OF SAID LOT 1, S02°27'11"W A DISTANCE OF 16.46 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND AHTD MONUMENT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 16 (WEST WEDINGTON DRIVE); THENCE CONTINUING S02°27'11"W A DISTANCE OF 283.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND A FOUND 5/8 INCH REBAR; THENCE LEAVING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT 1, N87027114"W A DISTANCE OF 99.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 AND A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID LOT 1, N02026'43"E A DISTANCE OF 283.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 16 (WEST WEDINGTON DRIVE) AND A FOUND AHTD MONUMENT; THENCE LEAVING SAID WEST LINE AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S87037'31"E A DISTANCE OF 99.74 FEET TO THE POINT OF BEGINNING, CONTAINING 0.65 ACRES (28,260 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. rlo=I[.'�IL.!108181I; SURVEY DESCRIPTION: PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), OF SECTION NINETEEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 11, SAID POINT BEING AN IRON PIN WITH CAP AS SHOWN ON PROPERTY LINE ADJUSTMENT AND TANDEM LOT SPLIT PLAT BY BLEW & ASSOCIATES, P.A., BUCKLEY D. BLEW, AR PLS 1532, SURVEY FILE 2018-8079 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, N02024'54"E A DISTANCE OF 89.92 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN WITH CAP "BLEW 1532"; THENCE LEAVING SAID EAST LINE, N78003'15"W A DISTANCE OF 261.28 FEET TO A SET IRON PIN WITH CAP "PLS 1156" AND THE POINT OF BEGINNING; THENCE N44042'26"W A DISTANCE OF 135.83 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE N02026'43"E A DISTANCE OF 760.01 FEET TO A SET IRON PIN WITH CAP, "PLS 1156 TO THE SW CORNER OF LOT 1, KJELDSEN'S SUBDIVISION; THENCE ALONG SAID SOUTH LINE, S87027'14"E A DISTANCE OF 99.70 FEET TO A FOUND 5/8" REBAR AT THE SE CORNER OF KJELDSEN'S SUBDIVISION; THENCE LEAVING SAID SOUTH LINE S02°27'11"W A DISTANCE OF 852.20 FEET TO THE POINT OF BEGINNING, CONTAINING 1.84 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. CITY OF I FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Planner MEETING DATE: November 22, 2021 Updated with results from 11/22/21 PC hearing. SUBJECT: RZN-2021-000076: Rezone (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC., 437): Submitted by HALL ESTILL LAW FIRM for properties located at 5295 W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain 2 parcels with approximately 2.43 acres. The request is to rezone approximately 0.62 acres to NS-G, NEIGHBORHOOD SERVICES -GENERAL and approximately 1.81 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000076 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000076 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in west Fayetteville on the south side of W. Wedington Drive about one mile west of N. Rupple Road. The subject property is a residential lot containing approximately 1.81 acres; is zoned R-A, Residential Agricultural; and currently has one single- family dwelling on site that was built in 1958. The property has about 100 feet of frontage along Wedington and is surrounded by low -density, residential and agricultural land, with the exception of the property to the east where subdivision construction is underway. The property to the east was rezoned to NS-G, Neighborhood Services -General, and RI-U, Residential Intermediate - Urban, last year with a Bill of Assurance. Surrounding land uses and zoning are listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential/Agricultural R-A, Residential -Ag ricultural South Single -Family Residential/Agricultural R-A, Residential -Ag ricultural East Single -Family Residential NS-G, Neighborhood Services -General; RI-U, Residential Intermediate -Urban; and R-A, Residential -Agricultural West Single -Family Residential/Agricultural R-A, Residential -Agricultural Request: The request is to rezone parcel 765-07377-000 from R-A, Residential -Agricultural, to NS-G, Neighborhood Services — General, and rezone parcel 765-16191-000 from R-A to RI-U, Residential Intermediate — Urban. Public Comment. Staff received one inquiry about this item from a neighboring property owner, but no public comment has been offered as of writing this report. INFRASTRUCTURE: Streets: The subject area has frontage along W. Wedington Drive. Wedington is a fully improved Regional Link street with asphalt paving, curb and gutter, and multi -use trail. Any street improvements required in these areas will be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the subject area. An existing 18-inch water main is present on the south side of W. Wedington Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present running east and west across the middle of the subject property. An existing 12-inch sanitary sewer main is present running east and west across the south side of the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. Hydric soils and a protected stream are present on the property, and a portion of the property lies within a FEMA floodplain. 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 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 from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. 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 50 feet 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. 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. 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 1.2 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 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 Tree Preservation: The current zoning district, Residential -Agricultural, requires 25% minimum canopy preservation. The proposed zoning districts, Neighborhood Services — General and Residential Intermediate — Urban, require 20% and 15% minimum canopy preservation, respectively. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a Residential Neighborhood Area and Natural Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multi -family, and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity, non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Natural Areas consist of lands approximating or reverting to wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation, or value as an environmental resource. A Natural Area designation should encourage a development patten that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates an average score of 2- 4 for this site with a weighted score of 3_5 at the highest level. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Road) • Near Water Main (W. Wedington Drive) • Near Sewer Main (W. Wedington Drive) • Near Paved Trail (W. Wedington Drive) 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: The subject property is largely surrounded by low - density, single-family, residential and agricultural land. However, the adjacent property to the east is currently being developed as a two-family residential subdivision with a commercial lot fronting W. Wedington Drive. Staff feels comfortable supporting the request given the long-term land use plans for the area, the compatibility with the adjacent property to the east, and the restrictions placed on development near protected streams, hydric soils, and floodplains. The subject area is located on a fully improved Regional Link street, W. Wedington Drive, which has a design service volume of 17,600 vehicles per day, leading staff to conclude that the existing infrastructure can absorb an increased vehicle load, particularly since the two nearest, most recent traffic counts indicate an average daily count of 11,000 near N. Pershing Street to the west and 15,000 near N. Broyles Avenue to the east. Even with some commercial uses, NS-G is considered by code to be a residential -oriented zoning district. NS-G also offers more variety in terms of land use and lot configuration than in single-family residential districts, as it requires a build -to zone and offers a limited number of commercial uses by -right. The location along Wedington makes some commercial activity appropriate and limiting the extent of the NS-G zoning to parcel 765-07377-000 reduces the scope of the request. Placing RI-U zoning to south of that property allows for a gradual approach to the site, and provides potential walkable amenities to any new residential development that should come through in the portion zoned RI-U. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is primarily designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and low -intensity non-residential uses intended to serve the surrounding neighborhood. Given the subject area's location along W. Wedington Drive, staff finds that the by -right, non-residential uses permitted in NS-G are aligned with the long-term land use designation for this area. Although the infill matrix score is low, staff finds that the area and its infrastructure can support future development. While a portion of the site is designated as a Natural Area, staff finds that there are regulations in place for protected streams, hydric soils, and floodplain that will limit the impact on natural resources associated with any future development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: With a current zoning designation of R-A and a future designation as a Residential Neighborhood Area, staff finds that the property is currently under -zoned. A combined rezoning to NS-G and RI-U would allow for an increase in density and help meet the long-term land use plans for the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-A to NS-G and RI-U could increase traffic along W. Wedington Road. However, Wedington is a fully improved Neighborhood Link street with asphalt paving, off-street bike lanes, curb and gutter, and sidewalk along the property's frontage. Any traffic generated by future development on this site would be absorbed by the existing infrastructure. Given the limited size of the property and the number of units possible, staff does not believe that rezoning will appreciably increase traffic danger along Wedington. Any street improvements, if necessary, will be determined at the time of development review. Any non-residential uses on the site could also increase traffic in the area, but the by -right commercial uses permitted in NS-G are limited in nature. Staff also feels that placing an RW zoning district near NS-G will allow for potential walkability. 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 subject area from R-A to NS-G and RW would increase the population density on the site. However, the property has adequate access to water, sewer, and other public services that would eliminate the need for costly extensions or limited services associated with development on the city's periphery. 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; There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000076 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: November 22, 2021 O Tabled ® Forwarded O Denied with a recommendation of approval. Motion: Belden Second: Sparkman Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 —District R-A, Residential -Agricultural o §161.12 — District RI-U, Residential Intermediate — Urban o §161.19 — NS-G, Neighborhood Services —General • Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half '/2 (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. 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 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. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General 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 Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals 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 permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 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 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." HALL LSrTILL. ATTORNEYS AT LAW October 12, 2021 VIA PORTAL DELIVERY City of Fayetteville Planning Commission and Planning Department 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Rezoning of Parcels # 765-07377-000 & #765-16191-000 Dear To Whom It May Concern: Robert K.Rhoads 75 N. East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@hallestill.com This letter is in regard to rezoning parcel 765-07377-000 from its current designation of R- A to NS-G and parcel number 765-16191-000 from R-A to RI-U. I represent the owners of said parcels. These properties are on the west side of Wedington Road. The adjacent property directly east of these two tracks were both recently rezoned NS-G and RI-U. Residential neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, row houses, multi -family and accessory dwelling units. The RI-U district is designed to pen -nit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible and in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. Further the NS-G district is considered to be in a line with future land use plans for this area and does offer the advantage of a build -to -zone and additional flexibility in uses as opposed to strictly residential single-family districts. Further by placing the RI-U behind or south of the NS-G zoning allows for a gradient approach to the site, and provides walkable amenities to any residential development that should come through. With the use of residential neighborhood design principles as well as RI-U zoning guidelines and NS-G guidelines we feel that the proposed rezoning is in line with future land use and very compatible to that use as well as the city's development goals and will not unreasonably effect or conflict in an adverse way the surrounding land uses. Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com City of Fayetteville Planning Commission and Planning Department October 12, 2021 Page 2 Sincerely yours, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. obert K. Rhoads RKR:slt 5040452.1:008683.00001 I hereby consent to have Robert K. Rhoads represent me in this request. I am the owner of parcel number 765-07337-000. NWA Custom Home By: Dakota Riggins I hereby consent to have Robert K. Rhoads represent me in this request. I am the owner of parcel number 765-16191-000. Riggin RZN-2021-000076 Rezone request for NWA Close Up View CS R-A Subject Property Regional Link Trail (Proposed) Planning Area �- - - Fayetteville City Limits r, , L J WEDINGTON,DR -----' ----------_------------------- ProF Feet 0 75 150 300 450 600 1 inch = 200 feet Al RSF-4 NORTH Zoning Acres NS-G 0.6 RI-U 1.8 Total 2.4 RZN-2021-000076 NWA Custom Homes Current Land Use A& NORTH W Single-Family Residential - Q i CO - l `n ` -- r WEDINGTONDR - i` Subject Property - Mixed Use Residential F- ,� Y �'Y Regional Link Neighborhood Link Trail (Proposed) Planning Area g Fayetteville City Limits Single Family Residential Feet 0 112.5 225 450 675 1 inch = 300 feet Single Family Residential Zone AE F '' 12�5.9 B Zone Zone AE �e �. ' � fo FEMA Flood Hazard Data too -Year Floodplain Floodway RZN-2021-000076 Future Land Use NWA Custom Homes NORTH w CANNONDALE _Z DR = , ----- co ---------------------Z LU IQ LU L a I Cl) I � I LC) - - - - - - - - - I `-------------------•..--...------ --- �W WEDINGTON,D------------�------------ ---------------------- Subject Property city Neighborhood I I I Residential 6. I Neighborhood I ' CLEVENGER-DR I i'gCKETT OR Regional Link Neighborhood Link Planning Area Fayetteville City Limits Trail (Proposed) Feet TUMBLEWEED ST Q I I z I � HOMESPUN DR CIO M City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood Rural Residential 1 inch = 400 feet Urban Center L14� DEPARTMENTAL CORRESPONDENCE. OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington City Council Assistant City Attorney Jodi Batker CC: Susan Norton, Chief of Staff Paralegal Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Kit Williams, City Attorney DATE: December 29, 2021 RE: Amended proposal rezoning of about 2 I/z acres on Wedington In response to City Council requests to better protect Owl Creek which flows through the southern part of this proposed rezoning, the applicant through its counsel Robert Rhoads has changed its requested rezoning for that area to R- A, Residential -Agricultural. Attached please find the revised Exhibit A (the map of the proposed rezoning) as well as the revised Exhibit B (the legal description of the three areas). I have drafted and also attached an amendment to the rezoning ordinance to reflect the newly proposed three zoning areas and revised exhibits. If this is satisfactory to you, please move to amend the ordinance and exhibits to what is attached here and will also be in the agenda packet as additional information. Please enjoy a happy and safe New Year. ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-076 LOCATED AT 5295 WEST WEDINGTON DRIVE FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL, R-A RESIDENTIAL AGRICULTURAL, AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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) as amended by the applicant and shown as additional information in the Agenda Packet for this item from R-A, Residential Agricultural to NS-G, Neighborhood Services -General, R-A, Residential Agricultural, and RI-U, Residential Intermediate -Urban. 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 this 4" day of January, 2022. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: KARA PAXTON, City Clerk/Treasurer .s NS-G ZONEy • GRID i ZONE § GRAPHIC REPRESENTATION ONLY SCALE 1 "= 200' r 100' 200' 400 t iF1' R -A ZONE SCALE: ," = 200' ZONING 'L XHEBI l _ 1 D :Dec 28. 2021 WEDINGTON PLACE WEST w.o. 219 FAYETTEVILLE ARKANSAS �: 22 • =PR��oa�E.ARKA�sA=���sa NS-G ZONE: PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), OF SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 11, SAID POINT BEING A FOUND IRON PIN WITH CAP AS SHOWN ON PROPERTY LINE ADJUSTMENT AND TANDEM LOT SPLIT PLAT BY BLEW & ASSOCIATES, P.A., BUCKLEY D. BLEW, AR PLS 1532, SURVEY FILE 2018-8079 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, NO2°24'54"E A DISTANCE OF 89.92 FEET TO A FOUND IRON PIN WITH CAP "BLEW 1532"; THENCE LEAVING SAID EAST LINE, N78°03'15"W A DISTANCE OF 261.28 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE N44°42'26"W A DISTANCE OF 135.83 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE NO2°26'43"E A DISTANCE OF 760.01 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156" AND THE POINT OF BEGINNING; THENCE CONTINUING NO2°26'43"E A DISTANCE OF 283.24 FEET TO A FOUND AHTD MONUMENT; THENCE S87°37'31"E A DISTANCE OF 99.74 FEET TO A FOUND 3 INCH ALUMINUM AHTD MONUMENT; THENCE S02°27'11"W A DISTANCE OF 283.54 FEET TO A FOUND 5/8 INCH REBAR; THENCE N87°27'14"W A DISTANCE OF 99.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.65 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. RI-U ZONE: PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), OF SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 11, SAID POINT BEING A FOUND IRON PIN WITH CAP AS SHOWN ON PROPERTY LINE ADJUSTMENT AND TANDEM LOT SPLIT PLAT BY BLEW & ASSOCIATES, P.A., BUCKLEY D. BLEW, AR PLS 1532, SURVEY FILE 2018-8079 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, NO2°24'54"E A DISTANCE OF 89.92 FEET TO A FOUND IRON PIN WITH CAP "BLEW 1532"; THENCE LEAVING SAID EAST LINE, N78°03'15"W A DISTANCE OF 261.28 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE N44°42'26"W A DISTANCE OF 135.83 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE NO2°26'43"E A DISTANCE OF 172.26 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NO2°26'43"E A DISTANCE OF 587.75 FEET TO A FOUND IRON PIN WITH CAP "PLS 11561,; THENCE S87°27'14"E A DISTANCE OF 99.70 FEET TO A FOUND 5/8 INCH REBAR; THENCE S02°27'11"W A DISTANCE OF 653.87 FEET; THENCE N74°04'07"W A DISTANCE OF 33.51 FEET; THENCE N51°45'24"W A DISTANCE OF 26.10 FEET; THENCE N32°12'52"W A DISTANCE OF 39.75 FEET; THENCE N57°11'56"W A DISTANCE OF 22.89 FEET; THENCE S75°55'03"W A DISTANCE OF 3.65 FEET TO THE POINT OF BEGINNING, CONTAINING 1.43 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. R-A ZONE: PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), OF SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 11, SAID POINT BEING A FOUND IRON PIN WITH CAP AS SHOWN ON PROPERTY LINE ADJUSTMENT AND TANDEM LOT SPLIT PLAT BY BLEW & ASSOCIATES, P.A., BUCKLEY D. BLEW, AR PLS 1532, SURVEY FILE 2018-8079 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, NO2°24'54"E A DISTANCE OF 89.92 FEET TO A FOUND IRON PIN WITH CAP "BLEW 1532"; THENCE LEAVING SAID EAST LINE, N78°03'15"W A DISTANCE OF 261.28 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156" AND THE POINT OF BEGINNING; THENCE N44°42'26"W A DISTANCE OF 135.83 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE NO2°26'43"E A DISTANCE OF 172.26 FEET; THENCE N75°55'03"E A DISTANCE OF 3.65 FEET; THENCE S57°11'56"E A DISTANCE OF 22.89 FEET; THENCE S32°12'52"E A DISTANCE OF 39.75 FEET; THENCE S51°45'24"E A DISTANCE OF 26.10 FEET; THENCE S74°04'07"E A DISTANCE OF 33.51 FEET; THENCE S02°27'11"W A DISTANCE OF 198.33 FEET TO THE POINT OF BEGINNING, CONTAINING 0.41 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. Democrat -vt9azefte G.^.3CX 1e07, WAvF.TTEViLLE, uY, 72702 • A79-442-1700 - F0:.;;9 695•tl'S • W'VV ,NWADG.CCM, AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice 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. City of Fayetteville Ord 6516 Was inserted in the Regular Edition on: January 9, 2022 Publication Charges: $97.28 S' Brittany Rmith Subscribed and sworn to before me This (b day of (j,5L,,`, 2022. CAT�L �t� Notary Public � / My Commission Expires: /24 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC-ARKAN"AS tAy Commission ExPires 02-20-2024 Commission No.12397118 Ordinance:6516 File Number: 2021-0952 RZN-2021-076 (5295 W. WEDINGTON RD,/NWA CUSTOM HOMES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-076 LOCATED AT 5295 WEST WEDINGTON DRIVE FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G, NEIGHBORHOOD SERVICES - GENERAL, R-A, RESIDENTIAL AGRICULTURAL, AND RI-U, RESIDENTIAL INTERMEDIATE - URBAN 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 provided by the applicant and shown in the Agenda Packet under additional information from R-A, Residential Agricultural to NS-G, Neighborhood Services -General, R-A, Residential Agricultural, and RI-U, Residential Intermediate -Urban. 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 1/4/2022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for byThe City Clerk -Treasurer of the City of Fayetteville, AR. Amount paid: $97.28. 75505767 Jan 9,2022