HomeMy WebLinkAboutOrdinance 6516 OF FAYET pet,
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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:
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L oneld Jordan, aye Kara Paxton, City Clerk Treasured • . ;
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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
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Regional Link
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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