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Doc % 020786550003 Type: REL
KL nd: OgDINgNCE
Recorded: 09/30/2022 at 02: as:57 Rn Fee Amt: $25.00 Pepe 1 of 3
Mashlnpton County, AR
Kyle Sylvester Clrcult Clerk
File2022-00032314
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6606
File Number: 2022-0801
RZN 22-036 (6040 W. WEDINGTON DR./HOUSTON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-036 LOCATED AT 6040 WEST WEDINGTON DRIVE IN WARD 4 FOR
APPROXIMATELY 0.39 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4,
RESIDENTIAL SINGLE-FAMILY.4 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: Thai the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RSF-4,
Residential Single -Family, 4 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section I.
PASSED and APPROVED on 9/20/2022
Appro d: Attest:
Lloneld Jorda &or Kara Paxton, City
Pyet
RZN-2022-0036 1 6040 W. WEDINGTON DR.
Close Up View
---------------------
Subject Pronerty
3
PrDI Dsed
R, -4
------------------------------------
- --------.------------ ----.ate--ems
0
0
M
m
R A RNIF-6
Regional Link
Unclassified
Residential Link
Planning Area
- Fayetteville City Limits
N S-L
Feet
0 75 150 300 450 600
1, 2, 400
rn
RZN-2022-0036
EXHIBIT 'A'
S
'J&
NORTH
Zoning
Acres
RSF-4
0.4
Total
0.4
RZN-2022-0036
EXHIBITS'
REZONE DESCRIPTION:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 16
NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS; COMMENCING AT A FOUND 3" ALUMINUM CAPPED STATE MONUMENT IN ASPHALT AT
THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE NO2°25'01"E A DISTANCE OF 63.62' TO A
FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENTON THE NORTH RIGHT-
OF-WAY LINE OF WEST WEDINGTON DRIVE; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TWO
COURSES: S86°16'55"E A DISTANCE OF 176.55' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT
RIGHT-OF-WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE; THENCE
N54°58'55"E A DISTANCE OF 41.23' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-
WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE, BEING THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY NO2°44'57"E A DISTANCE OF 167.21' TO A
SET 60D NAIL IN TREE; THENCE S87°45'28"E A DISTANCE OF 100.38' TO A SET 5/8" REBAR CAPPED "AR PLS
1659"; THENCE S02°55'03"W A DISTANCE OF 187.01' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP
ARDOT RIGHT-OF-WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE;
THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TWO COURSES: N56°01'01"W A DISTANCE OF
38.19' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT; THENCE
N88°00'57"W A DISTANCE OF 67.17' TO THE POINT OF BEGINNING, CONTAINING 0.391 ACRES, MORE OR
LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY RECORD
Washington County, AR
10certify this 9130 2022 102'33:57 pal was filed on
and reco ded in Real Estate
File Nu ,be1e202C'0003214
t 23e k
Kyle Sy
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0801
Agenda Date: 9/20/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.8
RZN 22-036 (6040 W. WEDINGTON DR./HOUSTON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-036 LOCATED AT 6040 WEST WEDINGTON DRIVE IN WARD 4 FOR APPROXIMATELY 0.39
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-FAMILY,
4 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural to RSF-4, Residential Single -Family, 4 Units
Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 912212022
City of Fayetteville Staff Review Form
2022-0801
Legistar File ID
9/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/2/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0036: Rezone (6040 W. WEDINGTON DR./HOUSTON, 397): Submitted by BLEW AND ASSOCIATES for
property located at 6040 W. WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL
and contains approximately 0.39 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE.
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
%PF ARKANSAS
MEETING OF SEPTEMBER 20, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: September 2, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0036: Rezone (6040 W. WEDINGTON DR./HOUSTON, 397):
Submitted by BLEW AND ASSOCIATES for property located at 6040 W.
WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 0.39 acres. The request is to rezone
the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in west Fayetteville on the north side of West Wedington Drive about 300
feet west of North 59th Avenue. The property contains a portion of one lot totaling 0.39 acres and
is developed with one single-family dwelling and one accessory structure. An application for a
property line adjustment was submitted concurrently with this request which would adjust the size
of the lot to align with the proposed zoning boundary. In 2020, the owner of the property requested
to rezone the lot to RI-12, Residential Intermediate, 12 Units per Acre, though that request was
denied by the Planning Commission and subsequently appealed to and denied by the City
Council.
Request: The request is to rezone the property from R-A, Residential -Agricultural to RSF-4,
Residential Single -Family, 4 Units per Acre. The applicant has stated that a rezoning would allow
the property owner to create a smaller lot for the existing residence. A separate request to rezone
the property to the west to RI-U, Residential Intermediate -Urban was submitted concurrently,
though that request was tabled until the September 26, 2022 Planning Commission meeting.
Public Comment: Staff received public comment in support of the requested rezoning. Attached
to the report presented to the Planning Commission is a detailed petition signed by several
neighbors. While the petition was primarily organized in response to the request to rezone the
neighboring property to RI-U, the petition notes that neighbors are not opposed to the request to
rezone the subject property to RSF-4.
Land Use Compatibility: Staff finds the proposed zoning to be compatible with surrounding land
uses. The subject property contains a portion of an existing 0.80-acre parcel that does not meet
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the bulk and area requirements of the underlying R-A zoning district. The boundary for the
rezoning only contains an area totaling 0.39 acres which is currently developed with one single-
family dwelling. Given the size of the area to be rezoned and the residential density and land uses
permitted under RSF-4, the property could only be redeveloped with one single-family residence
and accessory dwellings. Duplexes, limited businesses, and cultural and recreation facilities are
conditional uses in the RSF-4 zoning district. Given the width of the property, the size of the area
to be rezoned, and the bulk and area requirements of the RSF-4 zoning district, the property could
not be subdivided into smaller lots if it were rezoned. When considering that the property is located
along a major thoroughfare and surrounded by residential properties varying in both lot size and
residential density, staff finds the request to rezone from R-A to RSF-4 to be appropriate.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the City's land use
policies and plans. RSF-4 would allow for future development that is comparable to the existing
development on the property, which is consistent with the area's Future Land Use Map
designation as Residential Neighborhood Area. A rezoning would also better align the property
with the City's zoning ordinances, since it would allow the existing parcel to be brought into
compliance with density and bulk and area requirements.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4 for this site.
The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.)
• Near Sewer Main (6" main, West Wedington Drive)
• Near Water Main (2" and 18" mains, West Wedington Drive)
• Near Paved Trail (Side -path trail, West Wedington Drive)
DISCUSSION:
At the August 22, 2022 Planning Commission meeting, a vote of 7-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Johnson made the motion and
Commissioner Brink seconded. Commissioner Johnson shared that he would be supporting the
request since it would allow an existing lot to be brought into conformity. Two members of the
public spoke at the meeting. Both individuals asked for clarification on public notification
requirements, though they also shared that they were not opposed to the proposed rezoning.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0036 6040 W. W E D I N G TO N DR. RZN-2022-0036
Close Up View EXHIBIT 'A'
' TUNA
ST
---------------------'
w
Q
x
Subject Property 'n
Pro
-4
RSF-4
----------------- --------—---------------- - - - - -.
- WEDINGTON,DR
- - - - - - - - - - - - - - - - - - - - - - - - - • 0 - - - - J '- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
o a�
w
vo
m 2 C) NS-L"U
R-A RMF-6
Zoning Acres
Regional Link RSF-4 0.4
Unclassified
Residential Link Feet
r ' Planning Area 0 75 150 300 450 600
_ _ Fayetteville City Limits 1 :2,400 Total 0.4
RZN-2022-0036
EXHIBIT `B'
REZONE DESCRIPTION:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 16
NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS; COMMENCING AT A FOUND 3" ALUMINUM CAPPED STATE MONUMENT IN ASPHALT AT
THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE NO2°25'01"E A DISTANCE OF 63.62' TO A
FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT ON THE NORTH RIGHT-
OF-WAY LINE OF WEST WEDINGTON DRIVE; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TWO
COURSES: S86°16'55"E A DISTANCE OF 176.55' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT
RIGHT-OF-WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE; THENCE
N54°58'55"E A DISTANCE OF 41.23' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-
WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE, BEING THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY NO2°44'57"E A DISTANCE OF 167.21' TO A
SET 60D NAIL IN TREE; THENCE S87°45'28"E A DISTANCE OF 100.38' TO A SET 5/8" REBAR CAPPED "AR PLS
1659"; THENCE S02°55'03"W A DISTANCE OF 187.01' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP
ARDOT RIGHT-OF-WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE;
THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TWO COURSES: N56°01'01"W A DISTANCE OF
38.19' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT; THENCE
N88°00'57"W A DISTANCE OF 67.17' TO THE POINT OF BEGINNING, CONTAINING 0.391 ACRES, MORE OR
LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY RECORD
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: August 22, 2022 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0036: Rezone (6040 W. WEDINGTON DR./HOUSTON, 397):
Submitted by BLEW AND ASSOCIATES for property located at 6040 W.
WEDINGTON DR. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 0.39 acres. The request is to
rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS
PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0036 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0036 to City Council with a recommendation for approval. "
BACKGROUND:
The subject property is in west Fayetteville on the north side of West Wedington Drive about 300
feet west of North 59t" Avenue. The property contains a portion of one lot totaling 0.39 acres and
is developed with one single-family dwelling and one accessory structure. An application for a
property line adjustment was submitted concurrently with this request which would adjust the size
of the lot to align with the proposed zoning boundary. In 2020, the owner of the property requested
to rezone the lot to RI-12, Residential Intermediate, 12 Units per Acre, though that request was
denied by the Planning Commission and subsequently appealed to and denied by the City
Council. Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Rural Residential
R-A, Residential -Agricultural
South
Rural Residential
R-A, Residential -Agricultural;
NS-L*, Neighborhood Services -Limited
East
Rural Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Rural Residential
R-A, Residential -Agricultural
Request: The request is to rezone the property from R-A, Residential -Agricultural to RSF-4,
Residential Single -Family, 4 Units per Acre. The applicant has indicated that a rezoning would
allow the property owner to create a smaller lot for their existing residence.
Public Comment: Staff has received no public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along West Wedington Drive, a fully -improved
Regional Link street with asphalt paving, sidewalk, curb, and gutter. Any street
improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing two-inch water main
is present on the north side of West Wedington Drive, and an 18-inch main is
present on the south side of the street.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present along the north side of West Wedington Drive.
Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or
a streamside protection zone, and no FEMA-designated floodplains or hydric soils
are present. Any additional improvements or requirements for drainage would be
determined at the time of development.
Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 1.9 miles from the fire station with an anticipated drive time of
approximately four minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The requested zoning district, RSF-4, Residential Single -Family, 4 Units per Acre,
requires 25% minimum canopy preservation. The current zoning district, R-A,
Residential -Agricultural, requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood 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 nonresidential uses
intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along
connecting corridors. 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.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4 for this site
with a weighted score of 4. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.)
• Near Sewer Main (6" main, West Wedington Drive)
• Near Water Main (2" and 18" mains, West Wedington Drive)
• Near Paved Trail (Side -path trail, West 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: Staff finds the proposed zoning to be compatible
with surrounding land uses. The subject property contains a portion of an
existing 0.80-acre parcel that does not meet the bulk and area requirements
of the underlying R-A zoning district. The boundary for the rezoning only
contains an area totaling 0.39 acres which is currently developed with one
single family dwelling. Given the size of the area to be rezoned and the
density and land uses permitted under RSF-4, the property could only be
redeveloped with one single-family residence and accessory dwellings.
Duplexes, limited businesses, and cultural and recreation facilities are
conditional uses in the RSF-4 zoning district. Given the width of the property,
the size of the area to be rezoned, and the bulk and area requirements of the
RSF-4 zoning district, the property could not be subdivided into smaller lots
if it were rezoned. When considering that the property is located along a
major thoroughfare and surrounded by residential properties varying in both
lot size and density, staff finds the request to rezone from R-A to RSF-4 to
be compatible.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent
with the City's land use policies and plans. RSF-4 would allow for future
development that is comparable to the existing development on the property,
which is consistent with the area's Future Land Use Map designation as
Residential Neighborhood Area. A rezoning would also better align the
property with the City's zoning ordinances, since it would allow the existing
parcel to be brought into compliance with density and bulk and area
requirements.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified since the property is not
currently meeting the lot area minimum of the R-A zoning district. As
proposed, a rezoning to RSF-4 would allow for the creation of a conforming
residential lot.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that the proposed zoning would not create or appreciably
increase traffic danger or congestion. The subject property has direct access
to Wedington Drive, a Regional Link street, and rezoning to RSF-4 would not
allow for increased development on the subject property.
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: Staff finds that rezoning the property to RSF-4 would not alter the population
density and thereby undesirably increase the load on public services since
the proposed zoning would not increase the development potential of the
property. Fayetteville Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0036 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 22, 2022 O Tabled ® Forwarded O Denied
with a recommendation
(Motion: Johnson of approval
Second: 3rink
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.03 —District R-A, Residential -Agricultural
o §161.07 — District RSF-4, Residential Single -Family — Four (4) Units Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
- Public comment received after PC report was published
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.
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
Q
Civil Engineers Professional Land Surveyors
July 12, 2022
To Whom It May Concern,
Rezone
3825 N. Shiloh Dr.
Fayetteville, Arkansas 72703
479-443-4506
Fax 582-1883
My client, Gordon Houston, is requesting a rezone for the property at 6040 West
Wedington. We are requesting a rezone from R-A to RSF-4. We have also submitted a
property line adjustment that would create the proposed rezoned area if approved. There
are quite a few properties that are in the RSF-4 zone in the area, so we believe there
won't be any negative impact to the surrounding properties if this property is rezoned to
RSF-4. My client's intentions are to sell the property and he believes it would be more
beneficial to him to create a smaller tract and just sell the home. We kindly ask for your
approval to have a portion of my client's property rezoned. The rezone affects parcels:
765-16184-000 & 765-16185-000.
Sincerely,
Nikki Littrell
Project Manager
Blew & Associates, P.A.
RZN-2022-0036 6040 W. W E D I N G TO N DR.
Close Up View
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Fayetteville City Limits
Feet
0 75 150 300
1:2,400
450 600
Zoning Acres
RSF-4 0.4
Total 0.4
RZN-2022-0036
Current Land Use
6040 W. WEDINGTON DR.
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— — — Trail (Proposed)
r _ _• Planning Area
_ -1 Fayetteville City Limits
Feet
0 112.5 225 450
1:3,600
675 900
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
RZN-2022-0036 6040 W. WE D I N GTO N DR. _
Future Land Use N 0 RT H
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Residential Link Industrial
Feet Natural
■ ■ Planned Residential Link
Non -Municipal Government
r Planning Area 0 145 290 580 870 1,160 Residential Neighborhood
_ Fayetteville City Limits Rural Residential
— — — Trail (Proposed) 1'40$�� Urban Center
Residents Response to Rezone Requests for 6040 and 6074 West Wedington Drive, August 2022
The undersigned are City of Fayetteville home owners and/or residents are adjacent or in close proximity to this
property with probability of affect from a rezone. Gordon and Linda Houston have requested 2 different
rezonings of their 2 parcels on Wedington Drive, 6040 and 6074. This rezone request is to be considered at the
Planning Commission meeting, virtual by Zoom or in person, on August 22, 2022 at 5:30 pm.
First, we do not oppose and do feel it is a reasonable request to make the lot line adjustment at 6040, a rental
house, to change the lot size from .883 to .391 and move the appx..5 to the connected 6074 parcel.
Next, we strongly oppose rezone of 6074 from current .5 units per acre to RI-U.
The Planning Commission and The Fayetteville City Council created an extremely appreciated prescedent in
the last few years to very carefully examine and take caution with rezones for high density in our neighborhood
to prevent'urban sprawl.' We realize and accept that development is and will continue to occur in our area as
with all of Fayetteville and also agree with the previously stated prevention of 'too much, too fast.'
The Houstons requested and were denied a similiar high density rezone of this same parcel of land in 2020 by
both the Planning Commission and City Council. We remember the in depth discussions that took place at both
meetings to ensure alignment with the City's future growth plan while protecting our way of life quality in our
neighborhood, which includes farmland on 3 sides of the Houston's parcel. We encourage the Commissioners to
review the history of this and other requests in this area, and visit the project site in person if possible.
The density of the request is our primary concern. This zone type is for urban and walkability, and our area does
not have any City transportation service. The closest store is 2 miles away. Traffic on Wedington has continued
to grow more congested, and we do have safety concerns. Water and sewer services have not been upgraded in
our area. Both restaurants on the corner of Wedington and Double Springs have gone out of business.
We have been told that the Houstons are rezoning to sell the property. We understand that the buyer / developer
generally makes the rezone request. The Written Notification Forms sent out regarding these rezones have a
heading for'Developer,' but it was left blank. The buyer / developer have not been revealed. We feel that more
transparency would be helpful in this area.
We would appreciate some discussion in order to help educate us all when this item comes up on the agenda to
address the 'sunset' clause of this type of rezone and how that might relate to this rezone request.
We respectfully ask the Planning Commission to consider our opposition to the 6074 Wedington rezone
request. We thank you for your consideration and your continued service to the City of Fayetteville.
We, the undersigned, oppose the rezone request to RI-1`1 on 6074 Wedington Drive with our signatures,
addresses, and/or phone or email contact information.
T
continued on page 2
Page 2. We, the undersigned, oppose the rezone request for F tWedington Drive with our
signatures, addresses, and/or phone or email contact information.
This rezone request is to be reviewed by the City of Fayetteville Planning Commission on 8/22/22.
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NORTHWEST ARKANSAS
Democrat Vouft
FD BOX 1602, FAYWERILLE,AR, s)2-=29.44242DC• FAX. 17"961118• W'4W'MA.AD000t1
AFFIDAVIT OF PUBLICATION
1, Paola Lopez, 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 -Clerks Office
Ord. 6606
Was inserted in the Regular Edition on:
October 2, 2022
Publication Charges: $89.68
✓
Paola Lo ' //
Subscribed and sworn to before me
This 4 day of 'pcf , 2022.
Wf
Notary Public
My Commission Expires: 2-�
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC -ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Old..
FiloNumber: 2W2 001
RZN 22-036(6040 W. WEDINGTON
DR/NOUSTON):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION R2N 22-036
LOCATED AT 6040 WEST
WEDD4TON DRIVE IN WARD
FOR APPROXIMATELY 039 ACRES
FROM R-A, RESIDENTIAL.
AGRICULTURAL TO RSF4,
RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE
BE TT ORDAINED BY THE CRY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
Secliml: Thntbe Citycancilofthe
City ofFaysl o.11c, Arkansas Mrtby
chengeean.clonifrcmionoflhe
property shovm on the none (Exhibit A)
and the legal desaiption (EAdbit B)
both arched a the running
Dcperoant's Agenda M. from P.A.
Residential AgncWlurelto RSF4,
Reidential Single-Family,4 Unies Pa
Alec.
Section 2: ThU On City Council off
City ofF"tnailln Arkmnae hereby
emends th olRuel Xcang a"aft
City of Fayedeville to.11M ae zoning
elienge provided in Section 1.
PASSED end APPROVED on
92W O22
Apgoved:
Lioxld loNen, Maya
ARect:
Kim Pulon, City CRds To mau
Thu oblicenoon wen paid far by Ne City
Cl e&-Trcacav of the Cityof
Feyeneville, AstenSa. Amount paid:S
99.69
75606110 Get. 2,2022