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HomeMy WebLinkAboutOrdinance 6606IN�I�NN��I�N��N�'N�'�II�IhIBllllllll9lf 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 sr -------------------- w 'a 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 Regional Link Unclassified Residential Link r ' Planning Area 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. 'spa %I r ;.t RTH Subject Property AiIIIIIIIIIIIiii Rural Residential ; Single -Family Residentia- 7--1 - -!� r -- ---- WEDINGTON • -- --- - - --------- Undeveloped r t AIM ----- — - - t �.` Regional Link Unclassified Residential Link ■ ■ Planned Residential Link — — — 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 � � ALLEY � w 1449 ■■■■■■■■rfQUINN ST CHATTEL Z ALLEY Rural ' a �F,A 1381 Residential M ' �ECKLIN ST y�yC /FOUNTAIN ST ALLEY 1315 LEGACY-ST LU ---------------------- - - - - -LU HgsT Q a� LULO Sub1ect Property rn �_ I x MW ME L M •t ME • - — — - — — - — — • — — - — - - - • - - - - - - - - - i — - - - - — — - - - '► • • WEDINGTON1DR ---------------------------- -� -------------------------------- Mob IL COPPER, RIDGE, LN- O MICHAEL-GOLF DR Residential O — _ _ , Neighborhood X _ m �LPASODR- go f s Natural f ' ABILE,' " Civic and- ' ' TACKETT DR ninePrivate ' Open Space - Regional Link City Neighborhood Unclassified Civic Institutional Alley Civic and Private Open Space 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. fie L)i ) z� ' ILL a -A � �� l✓ lie d �, Ile "7z 7oy S�2 5 VJ a M cck 0(e FZ1.1(+(e 0 is 4r- 72-!=70'f 2iS -510 .-S3 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