HomeMy WebLinkAboutOrdinance 6620RZN-2022-0035 6074 W. WE D I N GTO N DR. RZN-2022-0035
Close Up View Exhibit'A'
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Subject Property w
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-----•------------------------------_— — — — — — — — — — — — — — — ----------
WEDINGTON DR
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------,-_-_---�I,^--------------__----_-- WQLU
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R-A
Regional Link
Unclassified
Residential Link
Planning Area
E _ _ Fayetteville City Limits
Feet
0 75 150 300
1.2,400
Zoning Acres
RSF-4 2.4
450 600
Total 2.4
RZN-2022-0035
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 MONUMENTON THE NORTH RIGHT-
OF-WAY LINE OF WEST WEDINGTON DRIVE, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID RIGHT-OF-WAY NO2°27'15"E A DISTANCE OF 401.00' TO A FOUND 5/8" REBAR; THENCE S87°36'29"E
A DISTANCE OF 211.19' TO A FOUND 1/2" CAPPED REBAR "1532"; THENCE S87°45'28"E A DISTANCE OF
101.00' TO A FOUND 5/8" REBAR; THENCE S02°55'03"W A DISTANCE OF 212.84' TO A SET 5/8" REBAR
CAPPED "AR PLS 1659"; THENCE N87°45'28"W A DISTANCE OF 100.38' SET 60D NAIL IN TREE; THENCE
S02°44'57"W A DISTANCE OF 167.21' 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 RIGHTOOF-WAY THE FOLLOWING TWO COURSES: S54°58'55"W A DISTANCE OF 41.23' TO A FOUND
5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT; THENCE N86°16'55"W A
DISTANCE OF 176.55' TO THE POINT OF BEGINNING, CONTAINING 2.428 ACRES, MORE OR LESS. SUBJECT
TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0930
Agenda Date: 10/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: CA
RZN 22-035 (6074 W. WEDINGTON DR./HOUSTON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-035 LOCATED AT 6074 WEST WEDINGTON DRIVE IN WARD 4 FOR APPROXIMATELY 2.43
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 1011912022
City of Fayetteville Staff Review Form
2022-0930
Legistar File ID
10/18/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/30/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0035: Rezone (6074 W. WEDINGTON DR./HOUSTON, 397): Submitted by BLEW AND ASSOCIATES for
property located at 6074 W. WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL
and contains approximately 2.43 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 OCTOBER 18, 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 30, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0035: Rezone (6074 W. WEDINGTON DR./HOUSTON, 397):
Submitted by BLEW AND ASSOCIATES for property located at 6074 W.
WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 2.43 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 Wedington Drive about 400 feet
west of 59th Avenue. The property contains a portion of four existing lots totaling 2.43 acres. An
application for a property line adjustment was submitted concurrently with this request which
would remove and adjust property lines to align with the proposed zoning boundary. The property
line adjustment is currently under administrative review. On August 22, 2022, this item was tabled
by the Planning Commission until the meeting scheduled for September 26th at the request of the
applicant. Initially, the request was to rezone the property to RI-U, Residential Intermediate -
Urban, though the applicant amended their request to rezone the property to RSF-4, Residential
Single -Family, 4 Units per Acre prior to the September 26th Planning Commission meeting.
Request: The request is to rezone the property from R-A, Residential -Agricultural to RSF-4,
Residential Single -Family, 4 Units per Acre.
Public Comment: Staff received public comment in opposition to the applicant's initial request to
rezone to RI-U. Attached to the Planning Commission report is a detailed petition organized and
signed by several neighbors. Neighbors expressed concerns about the scale of development that
may result from a rezoning to RI-U given the lack of a density limitation in that zoning district.
However, the applicant has since amended their request to rezone the property to RSF-4.
Land Use Compatibility: Staff finds the proposed zoning to be generally compatible with
surrounding land uses. Residential zoning designations along this portion of Wedington between
54th Avenue and Double Springs Road vary, and adjoining properties are currently developed with
low -density single- and two-family residences. The subject property's current zoning designation
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
of R-A, Residential -Agricultural, allows for a range of low -intensity uses by right, including
agriculture, single- and two-family dwellings, and animal boarding, while the proposed RSF-4
zoning would only allow single-family residential development by right. The residential density
allowance in R-A is limited to one-half unit per acre while RSF-4 has a density limitation of four
units per acre. Given the size of the site, one unit would be permitted under the property's current
zoning designation, and nine would be permitted under the proposed RSF-4 zoning. The setback
requirements for the R-A and RSF-4 zoning districts vary significantly with R-A having a front and
rear setback of 35 feet and a side setback of 20 feet, and RSF-4 having a front and rear setback
of 15 feet and a side setback of 5 feet. The front portion of the subject property is encumbered by
a water/sewer easement varying in width between 25 and 40 feet, so a rezoning to RSF-4 may
be appropriate in this instance since it would allow for reduced conventional setbacks. Otherwise,
given the property's access to basic services and proximity to a major thoroughfare and other
moderate -density residential developments, staff finds the proposed rezoning to be appropriate.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the City's land use
plans and policies. The purpose of the RSF-4 zoning district is to permit and encourage the
development of low -density detached dwellings in suitable environments, as well as to protect
existing developments of those types. Staff finds that a rezoning to RSF-4 is appropriate at this
location, since it could serve as a transition between lower density rural properties to the west
and higher density residences to the east. A rezoning to RSF-4 is also aligned with the property's
Future Land Use Map designation as Residential Neighborhood area since it would allow for
greater variety in housing types at an appropriate scale. Regarding the general goals of City Plan
2040, a rezoning to RSF-4 may support Goals 1 and 6 of City Plan 2040 by allowing for a slight
increase in development near the urban fringe and providing an opportunity for the creation of
additional housing units.
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 September 26, 2022 Planning Commission meeting, a vote of 8-0-0 forwarded the request
to City Council with a recommendation of approval. Commissioner Brink made the motion and
Commissioner Canada seconded. Commissioners offered little comment on the item, finding the
applicant's amended request to rezone to RSF-4 to be appropriate. A few members of the public
spoke at the meeting and expressed concerns about the City's public notification requirements.
Staff clarified that the applicant was not required to re -notify after the item was tabled at a previous
meeting to a specific date. One member of the public expressed their opposition to the amended
rezoning request, though no clear support or opposition was offered otherwise.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0035 6074 W. W E D I N G TO N DR. RZN-2022-0035
Close Up View Exhibit 'A'
--------------------------'
Subject Property W
Q
x
LO
rn
RSF-4
---------------------------------- J - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
WEDINGTONDR
i
We
O Up
d' O NS-L RI-U
m
R-A
ngA
Acres
Regional Link RSF-4 2.4
Unclassified
Residential Link Feet
r ' Planning Area 0 75 150 300 450 600
_ _ Fayetteville City Limits 1 :2,400 Total 2.4
RZN-2022-0035
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, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID RIGHT-OF-WAY NO2°27'15"E A DISTANCE OF 401.00' TO A FOUND 5/8" REBAR; THENCE S87°36'29"E
A DISTANCE OF 211.19' TO A FOUND 1/2" CAPPED REBAR "1532"; THENCE S87°45'28"E A DISTANCE OF
101.00' TO A FOUND 5/8" REBAR; THENCE S02'55'03"W A DISTANCE OF 212.84' TO A SET 5/8" REBAR
CAPPED "AR PLS 1659"; THENCE N87°45'28"W A DISTANCE OF 100.38' SET 60D NAIL IN TREE; THENCE
S02'44'57"W A DISTANCE OF 167.21' 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 RIGHTOOF-WAY THE FOLLOWING TWO COURSES: S54'58'55"W A DISTANCE OF 41.23' TO A FOUND
5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT; THENCE N86°16'55"W A
DISTANCE OF 176.55' TO THE POINT OF BEGINNING, CONTAINING 2.428 ACRES, MORE OR LESS. SUBJECT
TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
14'ff ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: September 26, 2022 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0035: Rezone (6074 W. WEDINGTON DR./HOUSTON, 397):
Submitted by BLEW AND ASSOCIATES for property located at 6074 W.
WEDINGTON DR. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 2.43 acres. The request is to
rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS
PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0035 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0035 to City Council with a recommendation of approval."
AUGUST 22, 2022 PLANNING COMMISSION MEETING:
On August 22"d, the item was recommended to be tabled by staff at the request of the
applicant until the meeting scheduled for September 26t". Staff found the applicant's initial
request for RI-U to be too intense at this location. In the intervening weeks, the applicant
amended their request to rezone the property to RSF-4, Residential Single -Family, 4 Units
per Acre.
BACKGROUND:
The subject property is in west Fayetteville on the north side of West Wedington Drive about 400
feet west of North 59t" Avenue. The property contains a portion of four existing lots totaling 2.43
acres and is developed with two accessory structures. An application for a property line
adjustment was submitted concurrently with this request which would remove and adjust the
property lines between the four lots to align with the proposed zoning boundary. The property line
adjustment is currently under administrative review. A request to rezone the remainder of the site
to RSF-4, Residential Single -Family, 4 Units per Acre, was approved by City Council on
September 20, 2022. In 2020, the property owner requested to rezone the entire property to RI-
12, Residential Intermediate, 12 Units per Acre. That request was denied by the Planning
Commission and subsequently appealed to and denied by City Council. Surrounding land uses
and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Rural Residential
R-A, Residential -Agricultural
South
Two -Family Residential
RMF-6, Residential Multi -Family, 6 Units per Acre
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.
Public Comment: Staff has received public comment in opposition to the applicant's initial request
to rezone to RI-U. Attached to this report is a detailed petition organized by an adjoining landowner
and signed by several neighbors. Neighbors expressed concerns about the scale of development
that may result from a rezoning to RI-U, given the lack of a density limitation in that zoning district.
However, the applicant has since amended their request to rezone the property to RSF-4.
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 range between
3=4 for this site with a weighted score of 4 at the highest level. 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 generally
compatible with surrounding land uses. Residential zoning designations
along this portion of Wedington between 54' Avenue and Double Springs
Road include R-A, RSF-4, RI-12, RI-U, and RMF-6, and adjoining properties
are currently developed with low -density single- and two-family residences.
The subject property's current zoning designation of R-A, Residential -
Agricultural, allows for a range of low -intensity uses by right, including
agriculture, single- and two-family dwellings, and animal boarding, while the
proposed RSF-4 zoning would only allow single-family residential
development by right. The residential density allowance in R-A is limited to
one-half unit per acre while RSF-4 has a density limitation of four units per
acre. Given the size of the site, one unit would be permitted under the
property's current zoning designation, and nine would be permitted under
the proposed RSF-4 zoning. The setback requirements for the R-A and RSF-
4 zoning districts vary significantly with R-A having a front and rear setback
of 35 feet and a side setback of 20 feet, and RSF-4 having a front and rear
setback of 15 feet and a side setback of 5 feet. The front portion of the subject
property is encumbered by a water/sewer easement varying in width
between 25 and 40 feet, so a rezoning to RSF-4 may be appropriate in this
instance since it would allow for reduced conventional setbacks. Otherwise,
given the property's access to basic services and proximity to a major
thoroughfare and other moderate -density residential developments, staff
finds the proposed rezoning to be appropriate in this instance.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent
with the City's land use plans and policies. The purpose of the RSF-4 zoning
district is to permit and encourage the development of low -density detached
dwellings in suitable environments, as well as to protect existing
developments of those types. Staff finds that a rezoning to RSF-4 is
appropriate at this location, since it could serve as a transition between
lower density rural properties to the west and higher density residences to
the east. A rezoning to RSF-4 is also aligned with the property's Future Land
Use Map designation as Residential Neighborhood area since it would allow
for greater variety in housing types at an appropriate scale. Regarding the
general goals of City Plan 2040, a rezoning to RI-U may support Goals 1 and
6 of City Plan 2040 by allowing for a slight increase in development near the
urban fringe and providing an opportunity for the creation of additional
housing units.
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 needed at this time to better
complement surrounding development patterns. While the property is
currently of a size and configuration that is consistent with the R-A zoning
district, staff finds that allowing for a slight increase in density is appropriate
at this location.
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 RSF-4 has the potential to increase traffic
at this location due to the number of vehicle trips associated with higher -
density residential development. However, the site has direct access to
Wedington Drive, a Regional Link street that is suited to accommodate an
increase in vehicular traffic. Any street improvements required in this area
and any increase in traffic danger or congestion would be fully determined
and addressed at the time of development.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property as proposed has the potential to increase population
density and thereby increase the load on public services. Staff finds that the
proposed zoning is not likely to strain public services to an undesirable
degree since the property has access to existing and adequate water and
sewer services. 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 recommend forwarding RZN-2022-0035 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 26, 2022 O Tabled ® Forwarded O Denied
with a recommendation
Motion: Brink of approval
ISecond:Canada
Vote: 8-0-0
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
• Public Comment
• 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.
161.07 - 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 I 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
[nit 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
District Lot 60 feet F7Ofeet
minimum width
Fr
illside Overlay
istrict Lot 8,000 square feet 12,000 square feet
ea minimum
Land area per 8,000 square feet 6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side IRear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 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.
Residents' Response to Rezone Request
at 6074 West Wedington Drive, September 2022
The undersigned are City of Fayetteville home owners and/or residents in West Fayetteville. Our
homes are adjacent or in close proximity to the property subject to rezone and all have high probability of
affect. Gordon and Linda Houston have requested a rezone at 6074 West Wedington Drive to be considered
at the City of Fayetteville Planning Commission meeting by Zoom,(hfps_//www.fayetteville-ar.gov), or
phone option, or in person on Sept. 26, 2022 at 5:30 pm. We are in united opposition to rezone this 2.5 acre
MOL parcel from the current zone of .5 units per acre to RI-U zone.
The Planning Commission and The Fayetteville City Council have developed cautious precedents
during our City's growth to thoroughly examine rezone requests for high density in order to prevent 'urban
sprawl.' in ours and other still mostly rural neighborhoods. We realize and accept that development will
continue to occur in our area. We are greatly appreciative of the leadership approach in rezone due process
to prevent 'too much, too fast.'
The high density level accompanied with unclear limitations in this request is our primary concern.
Zone type RI-U is described as urban and for walkability. This area of West Fayetteville does not have any
City transportation service at this time. The closest store is 2 miles away. Traffic on Wedington has
continued to grow excessively congested. We have safety concerns for school buses, pedestrians, and
vehicles. Water and sewer services have not been upgraded in our area to accommodate rapid growth.
Many of us have lost significant City water pressure in the last few years. Both previously established
restaurants on the corner of Wedington and Double Springs have gone out of business in the last two years.
Farmland is currently on three adjacent parcels of this property with livestock in 2 of those parcels. We feel
that future higher density developments in this area would be better served with improvements to the
infrastructure, which we expect in time as the City budgets and plans.
We request your addressing the 'forward thinking' practice of how Houston's two agenda requests
were listed in the 8/22/22 meeting to help us understand if this is a new method that will be seen on future
agendas or was only used for Houston's items at that meeting. Agenda items # 12 and # 13 were listed with
the proposed size as the current size and only the rezone type was proposed. Items are historically listed
with the current status first and then the proposed change of status. The two Written Notification Forms
sent to adjacent property owners were clear that the rezone and lot splits were all proposals, four in total.
This was confusing to those who attended the meeting as the Forms did not align with the 8/22 Agenda.
Also, # 12 was contingent upon the decision of # 13, yet # 12 was addressed first. This was difficult to
understand and explain in a recap to interested neighbors who did not attend. Please let us know if any
Commissioners would ever like to see past copies of Written Notification Forms received by land owners.
We are very confused and disappointed with this new rezone request based on prior determinations
and remarks by Commissioners on 8/22. We were advised then that a letter (Written Notification Form)
would not be sent out as usual on this rezone. We were to learn of the new type of rezone request when it
was timely posted on the new sign on Houston's property. We were surprised to learn that the current
proposal is not a new request for a different zone type, as we had been led to believe it would be, but a new
request for the same RI-U zone as was moved forward from 8/22/22 to 9/26/22. (continued page 2)
Residents' Response to Rezone Request
at 6074 West Wedington Drive, September 2022, page 2
During the 8/22/22 meeting, Gretchen Harrison shared the following comments in regards to a RI-U
zone at this property, some of which she said were made by 'staff-'
• no residential density limitations associated with RI-U
• concern regarding the water/sewer easement relocation
• RI-U is incompatible with the surrounding area and may increase the load on public services
• RI-U is inconsistent with future land use plans and policies
• RI-U goes against goal #1 dealing with urban fringe
. Houston's parcel location is isolated from public services and has limited access to basic services
• the applicant is looking into selling this land
• in 2020 both the Planning Commission and City Council denied a rezone for 12 units per acre
The Houstons requested and were denied a high density rezone of this same parcel of land in 2020
by both the Planning Commission and City Council upon appeal. The in depth and thoughtful discussions
by the Commission and Council to reach those denials included consideration of alignment with the City's
future growth plan while protecting our current quality and lifestyles in our neighborhood. The need to
improve and upgrade City utilities and other services prior to increasing density has been a topic at all
previous considerations. We encourage the a review of the rezone request history at 6074 West Wedington
and visit the project site in person if possible.
On 8/22/22, the applicant requested the matter be tabled until the next meeting on 9/12 to allow
time to pursue alternative zoning for this property. The Planning Committee chose to move it to the 9/26
meeting. We respectfully ask the Planning Commission to hear our opposition to the 6074 Wedington
rezone request. We thank you for your time, consideration, and continued service to the City and
Fayetteville residents.
We, the undersigned City of Fayetteville residents, oppose the rezone request for RI-U at 6074
Wedington Drive with our signatures, addresses, and/or phone or email contact information.
This rezone requestisto be reviewed by the City of Fayetteville Planning Commission on 9/26/22.
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Residents' Response to Rezone Request
at 6074 West Wedington Drive, September 2022, page 3
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Civil Engineers Professional Land Surveyors
August 31, 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 6074 West
Wedington and a part of the property at 6704 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. He does not plan to develop this
property himself but has had multiple offers to develop it. We recently received approval
for RSF-4 for the remaining portion of the property which includes the house, so we
believe it would be beneficial to keep the zoning uniform throughout.
We kindly ask for your approval to have a portion of my client's property rezoned. The
rezone affects parcels: 765-16186-000 &
765-16187-001.
Sincerely,
Nikki Littrell
Project Manager
Blew & Associates, P.A.
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Democrat*( axone
^.O. BOX 1607, FAYE7TEALLE, AR, 72702.479,442-1700 • FAX 479-E9S-1118- WWWNWADO.COM
AFFIDAVIT OF PUBLICATION
I, 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. 6620
Was inserted in the Regular Edition on:
October 23, 2022
Publication Charges: $89.68
PaolWLopez
Subscribed and sworn to before me
This ZG day of Cc]- , 2022.
Notary Public
My Comm ux 'xpbes:
**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
File Number. 20224)930
RZN M-035 (6074 W. WEDM(B'ON
DRAIOUSFON):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONMO PEDTION RZN 22-035
LOCATEDAT6074 WEST
WEDINGTON DRIVE IN WARD4
FOR APPROXIMATELY 2.43 ACRES
FROM B.A. RESIDtMW.-
AGRICULTURAL TO RSF4,
RESIDENTIAL SMILE FAMILY, 4
UNITS PER ACRE
BE n ORDAINED BY THE CffY
COUNCILOFTHECITYOF
FAYErTEVILLE. ARKANSAS:
Sermon 1: Tlw mecoy Cooped ofine
City ofFayerleville. AAuum hereby
changes me rape classinae ionofrhe
Pmopeny shown on me me,(E ibR A)
nod me legal dcsonmien (Eehibit B)
tom maclled m me Planning
Dryemnenr's Agenda Memo fimn R-A,
Residential-Agriculrunl on RSF4,
Residemiel Single Family.4 Units Per
Beer. 2: ltunhe City Connell ebye
CIrynileme tleviik, ming mhereby
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Chy of Fayvicledlin Se moact On mnmg
PASSE provided inSectionI.
and PASSED APPROOVED on
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