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HomeMy WebLinkAboutOrdinance 6783 1IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII . cgre,l Doc ID: 021747480006 Type: REL s� Kind: ORDINANCE 4-= -- ` Recorded: 09/09/2024 at 10:13:33 AM Fee Amt: $40.00 Page 1 of 6 I I� ✓ ti Washington County, AR Kyle Sylvester Circuit Clerk \\a'�Kq NSPS•' File2024 00023325 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6783 File Number: 2024-306 REZONING-2024-0028: (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO,522): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-28 FOR APPROXIMATELY 3.7 ACRES LOCATED EAST OF HARMON FIELD ON SOUTH DUNCAN AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER,SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: 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 RMF-40, Residential Multifamily, 40 Units Per Acre to MSC, Main Street Center, subject to the attached Bill of Assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on August 20,2024 Pp Attest: ���`�C�K l'T A rov • F S C(/l C (, -fi•FAYETTEVILL: ; 2ldJordan, or Kara Paxton City Cle Treasurer %i• y •�'9s•• AKArl`� .!Jam``,', This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 161, Page 1 RZN-2024-0028 65 S. DUN CAN AVE RZN-2024-0028 Close Up view EXHIBIT 'A' RMF-24 �N1O Q Z O a x P-1 Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits CENTER ST Subject Property Proposed N It Q V Z C Proposed MSC TREADWEL• L-ST w Q J J x Feet 0 75 150 300 450 600 1:2,400 PUTMAN •ST— Zone Current Proposed MSC 0.0 3.5 P-1 0.0 0.0 RMF-40 3.5 0.0 Total 3.5 ac RZN-2024-0028 EXHIBIT `B' The West 117.0 feet of the South 14.5 feet of Lot Two (2), and the West 117.0 feet of the North 35 feet of Lot Three (3), and the South 20 feet of Lot Three (3), and all of Lots Four (4), Five (5), and Six (6) in Block Seven (7), in I.W. Duncan's Addition to the City of Fayetteville, Washington County, Arkansas, And Lot One (1) and the South 15 feet of Lot Two (2), and all of Lots Three (3), Four (4), Five (5) and Six (6), in Block Six (6) in L W. Duncan's Addition to the City of Fayetteville, Washington Couty, Arkansas and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, and being described as follows, to -wit: Beginning at a point that is 660 feet (40 Rods) South of the Northeast corner of said forty -acre tract; said point being in Duncan Street in the City of Fayetteville; thence with said Street, South 45 feet; thence leaving said street, West 215.4 feet (Deed Call 220 feet) to a fence; thence North 45 feet along said fence; thence East 215.4 feet (Deed Call 220 feet) to the Point of Beginning. and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range Thirty (30) West, Washington County, Arkansas, described as follows: Beginning at a point which is 705 feet South of the Northeast corner of said forty -acre tract; thence South 85 feet; thence West 220 feet; thence North 85 feet; thence East 220 feet to the Point of Beginning. and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 800 feet South of the Northeast corner of said forty -acre tract; and running thence South 60 feet; thence West 220 feet; thence North 60 feet; thence East 220 feet to the Point of Beginning. and Apart of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point which is 800 feet South of the Northeast corner of said forty -acre tract; and running thence West 200 feet; thence North 10 feet; thence East 200 feet; thence South 10 feet to the point of the beginning. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of my request for a zoning reclassification of MSC, Main Street Center for the following property: see legal description on Exhibit A attached, I, Vicki Bronson, as the authorized agent for the owner or buyer of this property, (hereinafter called "Petitioner") hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance,substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fayetteville City Council and after 31 days takes effect and becomes a City of Fayetteville ordinance (the "Final Rezoning"): 1. Specific activities that will not be allowed upon Petitioner's property include: Unit 17, transportation trade services Unit 34, liquor stores Unit 45, small scale production Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. 2. Petitioner hereby voluntarily offers the following assurances that apply to the real property located at 65 S. Duncan, Fayetteville, Arkansas, a/k/a Harmon Place Apartments, upon the Final Rezoning: a. No existing tenant will be charged with a rental rate increase for a period of six (6) months from the date of the Final Rezoning. b. Absent the tenant's breach of the lease agreement, for nonpayment of rent or otherwise, no existing tenant lease will be terminated without providing tenant with a minimum of six (6) months to vacate. c. If notice of termination is served on the tenant and tenant is not in default under the lease, then the tenant shall be paid an amount equal to the last three months of rent paid plus the security deposit upon vacating the residence. This provision does not apply to a notice of termination served on a tenant for breaching the lease for nonpayment of rent or otherwise. 3. Petitioner hereby voluntarily offers the following assurances that will apply to the real property described on Exhibit A (the"Property"),conditioned upon(i) the Final Rezoning, (ii) large scale development approval, and (iii)a successful transfer of the Property to South Duncan or its assigns: petitioner agrees to increase the minimum canopy for tree preservation for the Property from the 10% minimum canopy for tree preservation required under the provisions of Table 1 of Section 167.04 of Fayetteville's Tree Preservation Ordinance to a minimum of 15% canopy for tree preservation. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of Petitioner's property affected by the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Vicki Bronson, as the authorized agent of Petitioner voluntarily offer all such assurances and sign my name below. ICI l3COnYh,r) Itil ruz.cd 11-De cfi Prin Name of Authorized Agent Position or Title of Authorized Agent 4201;2+ NOTARY OATH STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this, the �° day of August 2024, before me, the undersigned notary, personally appeared Vicki Bronson, known to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. NOTARY PUBLIC My Commission Expires: 1 A /a)() LTE NOTARYD PA UBUC WASHINGTON COUNTY,ARKANSAS COMM. EXP.09/11/32 COMMISSION NO. 12389588 3 Washington County, AR I certify this instrument was filed on 09/09/2024 10:13:33 AM and recorded in Real Estate File Number 2024-00023325 Kyle Sylvester- Circuit Clerk by ....... CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 20, 2024 CITY COUNCIL MEMO 2024-306 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. 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 area is in central Fayetteville directly east of Harmon Field and 600 feet northeast of the Fayetteville High School building. The subject area includes ten parcels along S. Duncan Ave. containing a total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of uses from single-, two-, three -and four -family dwellings and larger apartment buildings. The existing structures were built between 1926 -1986. Additional details on each parcel is included in a staff attachment. The subject area is currently zoned RMF-40, Residential Multifamily, 40 Units per Acre and does not fall within any overlay districts or Master Plan areas. Request: The request is to rezone the property from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center, subject to a bill of assurance. Public Comment: One member of the public requested additional information regarding the project and associated public hearing. An additional commenter sent multiple emails discussing both this rezoning and the rezoning across the street (RZN-2024-0018) and their potential impacts to the existing neighborhood fabric and residents, potential removal of affordable housing, environmental concerns, and concern about the developer trying to acquire properties for this rezoning. Further comment was made at the Planning Commission hearing, which is summarized below. Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the surrounding context. The property is primarily surrounded by either large apartment structures or the Fayetteville High School campus, with mixed -density residential located to the east. The parcels within the subject area are currently developed with primarily single-family dwellings. Staff notes that since there is a gap in the proposed rezoning area occupied by an existing single-family dwelling, any development adjacent to this Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 parcel would be subject to the additional setbacks of UDC 164.11(C) Home Protection Requirements. Based on a review of addresses, there are a total of 42 residential dwelling units currently within the subject area. The existing RMF-40 district would permit a maximum of 148 dwelling units on the overall 3.7-acre subject area with a maximum building height of 5 stories, while the proposed MSC district has no density limitations with a maximum building height of 7 stories when located greater than 15 feet from the right-of-way. Staff finds that the existing buildings are between 38-98 years old with an average age of 71.5 years old. No completed permits aside from one electrical permit for the replacement of meter packs were found for the subject area that indicate renovations since completion. No buildings within the subject area are listed in either the Federal or Arkansas Register of Historic Places, and the subject area is not within a city historic district. An analysis of each parcel's current development is included in a staff exhibit. The subject area is bound by RMF-40 to both the north and east, which permits multifamily developments and building heights of up to 5 stories. The Cardinal Apartments to the north and the Atmosphere Apartments to the east are both constructed at 5 stories including a parking garage. Harmon Field, a major sports venue for Fayetteville Schools, is located to the west and the school intends to construct a parking lot extension directly south of the subject area. Additionally, a full city block adjacent to the property to the east was successfully rezoned to MSC with a bill of assurances at the June 18 City Council agenda. This area will likely be developed with a large mixed -use student housing complex. Other structures in direct proximity to the proposed rezoning area include a three-family dwelling and single-family residence south of the intersection of W. Putnam St. and S. Duncan Ave. Staff finds that the greater height permitted by MSC is not likely to negatively affect the surroundings given abutting multi -story apartments and the large school complex, particularly as any development would be limited to 5 stories when within 0'-15' of the front property line. While rezoning from RMF-40 to MSC will remove the current density limitation of 40 units per acre, staff finds that the request is not likely to create development that is incompatible with the surroundings given that the other city requirements such as parking lot design standards and ratios, tree preservation, and drainage. A bill of assurances has been provided with the rezone to limit potentially incompatible uses, including Use Unit 17: Transportation Trades and Services, Use Unit 34: Liquor Stores, and Use Unit 45: Small Scale Production. Staff finds that rezoning to a mixed -use district would create the possibility of compatible development and that additional commercial uses could also serve the high density of existing residents within the immediate proximity as well as students and faculty of the adjacent high school. Land Use Plan Analysis: On the balance of considerations, staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. Given the walkable location of the request and potential for mixed -use development, staff finds the request to be consistent with the following City Plan 2040 Goals: Goal 1: We will make appropriate infill and revitalization our highest priority; Goal 2: We will discourage suburban sprawl; Goal 3: We will make compact, complete, and connected development the standard; Goal 4: We will grow a livable transportation network. Staff finds the rezoning both positively and negatively contributes to Goal 6: We will create opportunities for affordable housing. The Fayetteville Housing Assessment completed by City staff in October 2023 discusses the preservation of affordable housing and notes that "new supply should be carefully balanced with preserving existing affordable housing — housing that can be in prime areas for redevelopment due to growing land values compared to the declining value of aging structures." While staff acknowledges that any redevelopment of the subject area and associated demolitions could remove naturally occurring affordable housing units within the subject area, staff also acknowledges that the property owners are legally able to redevelop the subject area with greater density by right under the existing Residential Multifamily, 40 Units per Acre (RMF-40) zoning district and that any redevelopment which includes only uses permitted by right is not subject to discretionary approval by either the Planning Commission or City Council provided that all applicable city ordinances and development standards are met. Further, cities in Arkansas are prohibited from enacting rent control Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ordinances per Arkansas Statute. The area is designated as a City Neighborhood Area, which recommends that commercial uses would have a residential component and vary in size, variety and intensity. The subject area is directly east of the Fayetteville High School campus and approximately 600 feet southeast of the University of Arkansas campus, which is designated as a special district by the 2040 growth map and described as "portions of the city that are historically or currently intended for more intensive commerce." The closest Tier Centers are located just over half a mile east at the historic downtown square (Tier 1) and approximately half a mile southeast at the intersection of W. Martin Luther King Jr. Blvd. and S. Nelson Hackett Blvd (Tier 3). The infill score for this parcel is very high, with a score between 11 and 12, indicating the property could likely support a wide range of uses and additional density, particularly given the close proximity of both the Fayetteville High School and University of Arkansas campus. Staff also finds that allowing additional residential in close proximity to major traffic drivers and within close proximity to both ORT and Razorback transit stops could allow for residents to use alternative transportation options such as walking, biking, or utilizing transit to these institutions, helping to mitigate or reduce potential traffic impacts. Given that denying the rezoning request would not necessarily prevent redevelopment of the property by the new owners, staff finds that approval of the rezoning to MSC may lead to results that are more compatible with city goals than could be met under the existing zoning by allowing a greater number of additional residential units to be constructed while providing potential for a mix of commercial and residential uses. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 11-12 for this site. The following elements of the matrix contribute to the score: 1. 4 Minute Fire Response (Station #1, 303 W. Center St.) 2. Near Sewer Main (6" Sewer Main, S. Duncan Ave.) 3. Near Water Main (12" Water Main, S. Duncan Ave.) 4. Near Grocery Store (Walmart Neighborhood Market) 5. Near Public School (Fayetteville High School) 6. Near U of A Campus 7. Near City Park (Lower Ramble) 8. Near Paved Trail (Oakridge Trail, Razorback Greenway) 9. Near ORT Bus Stop (Hillcrest Towers) 10. Near Razorback Transit Bus Stop (S. Hill Ave) 11. Appropriate Future Land Use 12. Sufficient Intersection Density DISCUSSION: At the June 24, 2024 Planning Commission meeting, a vote of 6-2-0 forwarded the request to City Council with a recommendation of approval. Commissioner Cabe motioned, and Commissioner Castin seconded. The commissioners in favor of the request cited the ability of the parcels to be redeveloped under existing zoning, potential for mixed -use development in a walkable area, the high infill score, and the proposed bill of assurances. Staff confirmed that consent of owner forms for the rezoning have been provided for all subject parcels and clarified the regulations of the home protection ordinance which would apply if development were adjacent to single-family homes in the MSC district. The applicant team explained that the request is primarily due to the allowance for mixing of uses and that MSC would allow flexibility in the design of the project given steepness of the site and existing tree canopy. Commissioner McGetrick noted that there is no guarantee these properties will remain as is given the willingness of the current owners to upzone their properties, that development is extremely likely here, and that any associated (re)development of the parcels would likely increase housing costs. Commissioners Payne and Cabe noted their agreement with Commissioner McGetrick. Commissioner Cabe further noted the Planning Commission's limited ability to make policy Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 determinations, stating this is the role of the City Council. Commissioner Garlock and Werner voted against the rezoning, citing the removal of existing affordable housing and concerns about potential building heights on a steep site. Two members of the public stated opposition to the request during the meeting, citing eviction of current residents, removal of affordable housing for expensive apartments, narrow streets without striped crossings, increased traffic adjacent to Fayetteville High School, increased noise, and potential impacts to existing trees and habitat. One member of the public spoke in favor of the request, stating that housing in close proximity to the university and other services such as grocery stores and trails is critical for students and is especially important for international students who do not have vehicles. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Planning Commission Staff Report (#7), Bill of Assurance (#8), Revised Bill of Assurance - 071624 (#9), City Attorney Memo (#10), Topography Exhibit (#11), UA Student Housing Memo (#12), Public Comment (#13), Duncan Ave Preservation Letter (#14) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-306 RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-28 FOR APPROXIMATELY 3.7 ACRES LOCATED EAST OF HARMON FIELD ON SOUTH DUNCAN AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER, SUBJECT TO A BILL OF ASSURANCE 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 RMF-40, Residential Multifamily, 40 Units Per Acre to MSC, Main Street Center, subject to the attached Bill of Assurance. 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. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-306 Item ID 7/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/28/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In support of its application for a zoning reclassification, the owner, developer, or buyer of this Property, (hereinafter "Petitioner") South Duncan, LLC, hereby voluntarily offers this Bill of Assurance to the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce the terms of this Bill of Assurance in the Circuit Court of Washington County, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will rely upon the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that the Property subject to the rezoning request shall be restricted as follows IF Petitioner's rezoning and large-scale development applications are approved and as a part of the approval process of the Fayetteville City Council: 1. The following uses shall not be permitted: a. Unit 17, Transportation trades and services; b. Unit 34, Liquor stores; and c. Unit 45, Small scale production. 2. A Bill of Assurance containing the above restricted uses shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning and large-scale development application are approved and shall be noted on any Final Plat or Large Scale Development Plan of the Property. The Bill of Assurance will provide that the use restrictions will run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. IN TNENS WHEREOF the undersigned Petitioner executes this document. 1 SEH By: 11 I C"CN 6 ro inScD1N_ Date Its: A thorized Agent 4375 N. Vantage Drive Fayetteville, AR /on b L2� Address 'signature Notary Oath STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the day of C Lu M , ,-, , 2024, Vicki Bronson as authorized agent of South Duncan, LLC appeared before me, a Notary Public in and for said county and state, and after being placed upon her oath swore or affirmed that she did sign her name to the within and foregoing document in her capacity as authorized agent of South Duncan, LLC. e t NOTARY PUBLIC My Commission Expires: UNDA BOLTE NOTARY PUBUC WASHINGTON COUNTY, ARKANSAS COMM. EXP. 09/11/32 COMMISSION NO.12389588 CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: June 24, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2024-0028: Rezoning (EAST OF HARMON FIELD ON S. DUNCAN AVE./MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located EAST OF HARMON FIELD ON S. DUNCAN AVE. The property is zoned RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE and contains approximately 3.7 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends RZN-2024-0028 be forwarded to the City Council with a recommendation for approval. RECOMMENDED MOTION: "°l move to forward RZN-2024-0028 to the City Council with a recommendation of approval." BACKGROUND: The subject area is in central Fayetteville directly east of Harmon Field and 600 feet northeast of the Fayetteville High School building. The subject area contains ten parcels along S. Duncan Ave. containing a total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of uses from single-, two-, three -and four -family dwellings and larger apartment buildings. The existing structures were built between 1926 -1986. Additional details on each parcel is included in a staff attachment. The subject area is currently zoned RMF-40, Residential Multifamily, 40 Units per Acre and does not fall within any overlay districts or Master Plan areas. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoninq Direction Land Use Zoning North Residential Multifamily— RMF-40, Residential Multifamily, 40 Units per Acre DG, Downtown General South Fayetteville High School Campus (Parking P-1, Institutional Lot / Driveway) East Mixed -Density Residential RMF-40, Residential Multifamily, 40 Units per Acre (Pending MSC, Main Street Center) West Harmon Field P-1, Institutional Request: The request is to rezone the property from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center. Public Comment: Staff has received multiple public comments. One member of the public Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 1 of 28 requested additional information regarding the project and associated public hearing. An additional commenter sent an email discussing both this rezoning and the rezoning across the street (RZN-2024-0018) and their potential impacts to the existing neighborhood fabric and residents, potential removal of affordable housing, environmental concerns, and concern about the developer trying to acquire properties for this rezoning. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Duncan Ave., a fully improved residential link street with asphalt paving, curb and gutter, and sidewalks. The subject area also has frontage along W. Treadwell St., a partially improved residential link street with asphalt and curb and gutter. Any street or drainage improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 12-inch water main is present on the west side of S. Duncan Ave. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is present on the west side of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.6 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request Drainage: No portion of the property is within a FEMA floodplain, the Hillside -Hilltop Overlay District or includes a protected stream. Additionally, no hydric soils are present. Tree Preservation: The proposed zoning district of MSC, Main Street Center requires 10% minimum canopy preservation. The current zoning district of RMF-40, Residential Multifamily, 40 Units per Acre requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood. City Neighborhoods are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 2 of 28 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 11- 12 for this site, with a weighted score of 17. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (6" Sewer Main, S. Duncan Ave.) Near Water Main (12" Water Main, S. Duncan Ave.) Near Grocery Store (Walmart Neighborhood Market) Near Public School (Fayetteville High School) • Near U of A Campus • Near City Park (Lower Ramble) Near Paved Trail (Oakridge Trail, Razorback Greenway) Near ORT Bus Stop (Hillcrest Towers) • Near Razorback Transit Bus Stop (S. Hill Ave) • Appropriate Future Land Use • Sufficient Intersection Density 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: On the balance of considerations, staff finds the request to be compatible with the surrounding context. The property is primarily surrounded by either large apartment structures or the Fayetteville High School campus, with mixed -density residential located to the east. The parcels within the subject area are currently developed with primarily single- family dwellings. Staff notes that since there is a gap in the proposed rezoning area occupied by an existing single-family dwelling, any development adjacent to this parcel would be subject to the additional setbacks of UDC 164.11(C) Home Protection Requirements. Based on a review of addresses, there are a total of 42 residential dwelling units currently within the subject area. The existing RMF-40 district would permit a maximum of 148 dwelling units on the overall 3.7-acre subject area with a maximum building height of 5 stories, while the proposed MSC district has no density limitations with a maximum building height of 7 stories when located greater than 15 feet from the right-of-way. Staff finds that the existing buildings are between 38-98 years old with an average age of 71.5 years old. No completed permits aside from one electrical permit for the replacement of meter packs were found for the subject area that indicate renovations since completion. No buildings within the subject area are listed in either the Federal or Arkansas Register of Historic Places, and the subject area is not within a city historic district. An analysis of each parcel's current development is included in a staff exhibit. The subject area is bound by RMF-40 to both the north and east, which permits multifamily developments and building heights of up to 5 stories. The Cardinal Apartments to the north and the Atmosphere Apartments to the east are both constructed at 5 stories including a parking garage. Harmon Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 3 of 28 Field, a major sports venue for Fayetteville Schools, is located to the west and the school intends to construct a parking lot extension directly south of the subject area. Additionally, a full city block adjacent to the property to the east was successfully rezoned to MSC with a bill of assurances at the June 18 City Council agenda. This area will likely be developed with a large mixed - use student housing complex. Other structures in direct proximity to the proposed rezoning area include a three-family dwelling and single-family residence south of the intersection of W. Putnam St. and S. Duncan Ave. Staff finds that the greater height permitted by MSC is not likely to negatively affect the surroundings given abutting multi -story apartments and the large school complex, particularly as any development would be limited to 5 stories when within 0'-15' of the front property line. While rezoning from RMF-40 to MSC will remove the current density limitation of 40 units per acre, staff finds that the request is not likely to create development that is incompatible with the surroundings given that the other city requirements such as parking lot design standards and ratios, tree preservation, and drainage. A bill of assurances has been provided with the rezone to limit potentially incompatible uses, including Use Unit 17: Transportation Trades and Services, Use Unit 34: Liquor Stores, and Use Unit 45: Small Scale Production. Staff finds that rezoning to a mixed -use district would create the possibility of compatible development and that additional commercial uses could also serve the high density of existing residents within the immediate proximity as well as students and faculty of the adjacent high school. Land Use Plan Analysis: On the balance of considerations, staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. Given the walkable location of the request and potential for mixed -use development, staff finds the request to be consistent with the following City Plan 2040 Goals: Goal 1: We will make appropriate infill and revitalization our highest priority; Goal 2: We will discourage suburban sprawl; Goal 3: We will make compact, complete, and connected development the standard; Goal 4: We will grow a livable transportation network. Staff finds the rezoning both positively and negatively contributes to Goal 6: We will create opportunities for affordable housing. The Fayetteville Housing Assessment completed by City staff in October 2023 discusses the preservation of affordable housing and notes that "new supply should be carefully balanced with preserving existing affordable housing — housing that can be in prime areas for redevelopment due to growing land values compared to the declining value of aging structures." While staff acknowledges that any redevelopment of the subject area and associated demolitions could remove naturally occurring affordable housing units within the subject area, staff also acknowledges that the property owners are legally able to redevelop the subject area with greater density by right under the existing Residential Multifamily, 40 Units per Acre (RMF-40) zoning district and that any redevelopment which includes only uses permitted by right is not subject to discretionary approval by either the Planning Commission or City Council provided that all applicable city ordinances and Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 4 of 28 development standards are met. Further, cities in Arkansas are prohibited from enacting rent control ordinances per Arkansas Statute. The area is designated as a City Neighborhood Area, which recommends that commercial uses would have a residential component and vary in size, variety and intensity. The subject area is directly east of the Fayetteville High School campus and approximately 600 feet southeast of the University of Arkansas campus, which is designated as a special district by the 2040 growth map and described as "portions of the city that are historically or currently intended for more intensive commerce." The closest Tier Centers are located just over half a mile east at the historic downtown square (Tier 1) and approximately half a mile southeast at the intersection of W. Martin Luther King Jr. Blvd. and S. Nelson Hackett Blvd (Tier 3). The infill score for this parcel is very high, with a weighted score of 17, indicating the property could likely support a wide range of uses and additional density, particularly given the close proximity of both the Fayetteville High School and University of Arkansas campus. Staff also finds that allowing additional residential in close proximity to major traffic drivers and within close proximity to both ORT and Razorback transit stops could allow for residents to use alternative transportation options such as walking, biking, or utilizing transit to these institutions, helping to mitigate or reduce potential traffic impacts. Given that denying the rezoning request would not necessarily prevent redevelopment of the property by the new owners, staff finds that approval of the rezoning to MSC may lead to results that are more compatible with city goals than could be met under the existing zoning by allowing a greater number of additional residential units to be constructed while providing potential for a mix of commercial and residential uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: On the balance, staff finds the proposed zoning is justified and necessary at this time. While any redevelopment of these parcels could negatively impact existing affordable housing stock, staff notes that the property owners could legally redevelop the parcels with new multifamily dwellings by right under the existing zoning district. The proposed zoning of MSC could permit a mixed -use development with higher density allowances in an area with a weighted infill score of 17 where only residential uses are currently permitted by right under RMF-40. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RMF-40 to MSC has the potential to increase traffic at this location when considering that MSC would allow for more dense development than the existing zoning which has a stated density limitation. The lots under consideration have direct access to a public street and staff finds that given the property's location near a transit route close to the university and the Fayetteville High School campus, many trips have the capacity to be completed through alternative transportation such as walking, Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 5 of 28 biking, or transit. Any necessary street improvements and potential traffic impacts would be determined 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: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property is in close proximity to public streets and existing water and sewer mains. Any necessary upgrades or improvements to existing infrastructure would be determined at the time of development. 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-2024-0028 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION (Date: June 24, 2024 O Tabled Motion: CABE Second: CASTIN Required YES © Forwarded O Denied FORWARDED TO CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL (Vote: 6-2-0 (WERNER & GARLOCK OPPOSED, MADDEN ABSENT Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 6 of 28 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: • §161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre • §161.27 Main Street/Center • Applicant Request Letter • Proposed Bill of Assurance • Staff Exhibit • Current Development • Fayetteville Housing Assessment Excerpts • Proximity to Tier Center Exhibit • Traffic Accidents Exhibits • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 7 of 28 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two (2) family 30 feet Three (3) family or more 70 feet Professional offices 100 feet Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 8 of 28 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home ark 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two 2 family 3,000 square feet Three 3 family or more 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Side Rear Rear Other Single & Other Single Uses Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 9 of 28 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6- 29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §7(Exh. F), 5-2-23) Editor's note(s)-Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 10 of 28 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scaleproduction Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive- through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 11 of 28 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 15 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6- 08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6- 18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 12 of 28 STAFF EXHIBIT CURRENT DEVELOPMENT Individual Property Findings 65 S. Duncan Avenue (PID: 765-04823-001 & PID 765-04824-000) • Current Owner: Pryor Properties LLC • Two-story multifamily apartments (28 units) constructed in 1986 per Washington County Assessor (38 years old). • Electrical Permit issues 9/23/2020 to replace four gang meter packs 77 S. Duncan Avenue (PID 765-04825-000) • Current Owner: John E. Adam • Single-family dwelling constructed in 1928 per Washington County Assessor (96 years old). 89 S. Duncan Avenue (PID 765-04810-000) • Current Owner: Internation Student Christian • Two-family dwelling constructed in 1926 per Washington County Assessor (98 years old). 93 S. Duncan Avenue (PID 765-04812-000) • Current Owner" Lynch Family Trust: • Three-family dwelling constructed in 1936 per Washington County Assessor (88 years old). 95 S. Duncan Ave (PID 765-04813-000) • Current Owner: Well -Placed Inc. • Single-family dwelling constructed in 1926 per Washington County Assessor (98 years old). • One expired electrical permit (2019) and one voided mechanical permit. 99 S. Duncan Avenue (PID 765-04814-000) • Current Owner: Samuel O. Donelson, Edward Mick, and Elizabeth S. Mick): • Single-family dwelling constructed in 1926 per Washington County Assessor (98 years old). 101 S. Duncan Avenue (PID 765-14436-000) • Current Owner: Edward Mick & Elizabeth S. Mick • Single-family dwelling constructed in 1931 per Washington County Assessor (93 years old). 103 & 107 S. Duncan Avenue (PID 765-14441-000 and 765-14440-000) • Current Owner: DFP LLC • Four -family dwelling constructed in 1936 per Washington County Assessor. Single-family dwelling constructed in 1956 per Washington County Assessor (68 years old). Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 13 of 28 Statistics: Total Existing Structures: Ten (10) Total Existing Residential Units: Forty-two (42) Average Age of Structures: 71.5 years -b&� PID 765-14441-000 i ' PID 765-14440-000 r1 CProposed Parking Exte- nsio _ 114 Planning Commission ■ {r --June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 14 of 28 Policy Options for the Future This assessment does not propose that the solution to housing affordability is to rezone the entirety of Fayetteville to RMF-24 zoning. Similarly, zoning is not the only solution to high and growing housing costs. Policy choices can, however, focus on adding housing density in strategic places to take advantage of existing infrastructure in high intensity areas that don't currently allow for housing. When combined with existing services, infrastructure, and amenities, these housing units can provide a number of benefits, including reducing vehicle trips. Fayetteville's City Plan 2040, the comprehensive plan adopted in 2020, includes several options for additional housing density in core areas that are already high intensity and offer close access to services. Staff in the City of Fayetteville's Long Range Planning and Sustainability divisions worked with University of Arkansas graduate students in the Master of Public Administration program in the spring semester of 2023 to analyze three scenarios for single-family housing. The students produced a report at the end of the semester that aimed to identify the most effective zoning policy to increase single family residential density in Fayetteville. The three scenarios explored were a baseline analysis of maintaining the zoning status quo; rezoning all residential single-family zones to the RSF-8 zoning district; and allowing duplex, triplex, and fourplex construction by right in all current single-family zoning districts. Based on their analysis, the students recommended the third option, writing, "Increased housing diversity has the greatest net social benefit for Fayetteville. In addition to having the greatest potential for increased housing supply, this policy is the most efficient and equitable. Overall, creating the option for multifamily unit construction by right provides the strongest policy for Fayetteville's future growth." Although the report focused on single-family zoning, the lessons learned and the main point — that creating the option for multi -unit housing by right is the strongest policy for Fayetteville's future growth — align with the planning work and master plan documents/corridor planning that Fayetteville has been engaged in for the last several years. Prior to the onset of the COVID-19 pandemic the City of Fayetteville was engaged in writing and implementing two key plans that set a priority for both housing and a high -quality urban environment. City Plan 2040 was adopted only months prior to the pandemic -related closure of city offices and the quick adjustment to online meetings and engagement. Several plan implementation steps were paused for about two years while community health and safety were prioritized, and the city is now moving forward again to engage with the community to address the challenges that arose just prior to and during the pandemic that are the impetus to bring the implementation actions from these adopted plans back into the spotlight. Long Range Plan Implementation Fayetteville's City Plan 2040 was written to support the city's six goals: 1. We Will Make Appropriate Infill and Revitalization Our Highest Priority. 2. We Will Discourage Suburban Sprawl. 3. We Will Make Compact, Complete, and Connected Development the Standard. 4. We Will Grow A Livable Transportation Network. 5. We Will Assemble An Enduring Green Network. 6. We Will Create Opportunities for Attainable Housing. All six goals have short-term, long-term, and ongoing "benchmarks," or action items to implement the adopted plan. Page 47 of the plan lists the short-term benchmarks, or action items meant to be accomplished between 2019 and 2025. Although plan implementation has been somewhat delayed by the COVID-19 pandemic, 8 of the 25 short-term benchmarks are not yet underway but are directly related to the city's role in responding to population growth and increasing housing supply, and that the Fayetteville City Council could consider prioritizing (City Plan 2040 associated goals and current status listed in parentheses): • Develop internal processes to align funding, development and planning of city infrastructure with the goals of City Plan 2040. (Goal 1 & 2: ongoing with streamlined permitting and new software) 42 Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 15 of 28 • Identify existing properties that are vacant or prime for redevelopment and initiate form -based rezoning discussions with property owners. (Goal 1, 2. & 3; ready to begin with 71B rezoning) • Evaluate development thresholds based on quantitative metrics such as building form, not building type, and the encouragement of missing middle housing. (Goal 1, 2, 3, and 6; ongoing) • Evaluate conditional use permit vs. use -by -right for appropriate infill. (Goal 1; ongoing) • Identify gaps in affordability throughout the city and set numerical targets for housing that is affordable to a variety of households, including workforce, supportive, low income, families with children, and senior housing. (Goal 1, 3, 4, & 6; initiated with this analysis) • Promote long-term affordability by targeting the use of public funds for the lowest income households, including those who are homeless, at risk of homelessness, or who have other special needs. (Goal 6; ongoing with federal HOME and American Rescue Plan Act funds) • Examine potential regulatory barriers and policies that impede the provision of household affordability, including: infrastructure costs, the costs and benefits of development ordinances on housing development, and how the City's fees and requirements impact the cost of living for households in Fayetteville. (Goal 1 & 6; development fee study underway) • Identify opportunities for the creation of affordable housing on publicly -owned land and develop partnerships with developers to provide flexible, affordable work space and housing. (Goal 6; initial discussions and review of potential projects underway) Long-term benchmarks (more than five years from plan adoption) that are directly related to housing but not yet underway are: Evaluate the development and implementation of a tiered impact fee system. (Goals 1 & 2; not yet begun) Evaluate existing street design speed, operating speed and posted speed limits, to ensure that each is appropriate based on the roadway design and context of the surrounding environment. (Goal 4; ongoing with speed limit review and traffic calming procedures in residential neighborhoods) Create a complete neighborhood or street corridor plan every other year utilizing a charrette process and analyze water and sewer capacity to identify opportunities or limitations for development. (Goal 1, 4, & 6; not yet begun) Ongoing benchmarks should also be highlighted here given the pause in plan implementation, as some may need to be prioritized for action: • Support rezoning proposals that result in increased density around logical future transit stops, rail corridors and major transportation corridors. Recommendations should generally align with the Growth Concept Map. (Goal 4) • Support development and redevelopment opportunities along the existing rail line. (Goal 4) • Support and implement the goals, strategies and actions of the transformational 71 B Corridor plan. (Goal 1, 2, & 4) • Implement and utilize the Growth Concept Map to strategically incentivize the development of Tier-1, Tier-2, and Tier-3 commercial and mixed -use nodes along major corridors and as neighborhood centers. (Goal 1, 2, 3, 4, 5, & 6) • Support the creation of a "real-time" database of available affordable housing units, services, resources, and incentives to strengthen the process of connecting qualified buyers and renters with affordable housing to comprehensively lower monthly household expenses. (Goal 6) • Promote long-term affordability by developing new goals, targets, and strategies to promote the distribution of affordable housing in all parts of the city, including incentives for affordable housing in new developments and for the preservation of existing rental units. (Goal 6) The remaining benchmarks do not have to be approached separately, but could instead be pulled together in a complete approach to developing housing solutions, particularly in areas of the city that have been identified as best able to support dense housing along major corridors and in places that support a mix of 43 Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 16 of 28 housing and commercial development, such as Fayetteville's downtown area. As an example of the potential for a cohesive approach to plan implementation, three of the items listed in the ongoing benchmarks are closely tied together and could be approached as a single project. Supporting zoning proposals around major transportation corridors, supporting and implementing the goals, strategies and actions of the 71 B Corridor Plan, and implementing and utilizing the Growth Concept Map on pages 13-16 of the plan document could all come together with a city -initiated project to rezone property along the 71 B corridor (College Avenue, Nelson Hackett Boulevard, and South School Avenue) to allow for housing on properties that have extensive existing infrastructure, are located along a major transportation corridor that is already scheduled for additional investment to support development and alternative transportation, and that have limited proximity to existing residential neighborhoods. Additionally, there are multiple tier centers along this route that could be incorporated as part of the implementation of the growth concept map, furthering plan implementation in the same project. Preserve Existing Affordable Housing Table 3 on page 20 of this assessment showed current average monthly rents for new apartments, with average rent for a two bedroom apartment just over S1,400 per month. Table 4 on the same page showed that affordable housing costs for the median household income in Fayetteville should not exceed $1,325 per month, which includes utilities and insurance costs. Current rents for newly constructed housing units are above affordable costs for at least half of Fayetteville households, and building new housing units does not provide a successful solution if the new units are at the cost of losing existing affordable housing. In 2019 the City of San Antonio, Texas, engaged the firm PlaceEconomics to assess the risks to older and existing affordable housing stock as the city experienced rapid population growth and redevelopment. The results of this assessment, published as the report Opportunity at Risk," were a caution against the assumption that newly constructed housing is the best way to achieve affordable housing goals. Some of the context of the 2019 report presented in the Executive Summary would be familiar to Fayetteville today: • One in three San Antonio households is spending more than 30 percent of their income on housing and nearly half of all renters meet this "cost burdened" threshold. • Over the last decade, while median household income increased 1.9% per year, housing prices increased at 4.7% per year. • While San Antonio is experiencing greater than national average growth in jobs and housing, most of the new homes are large and expensive, and much of the job growth is in lower wage jobs. • The existing pre-1960 housing stock is providing largely unsubsidized and unprotected affordable housing. • Single family, renter -occupied structures in fair and poor condition are the most at -risk of demolition. The main takeaway of the report is clear and succinct: "A city cannot build itself out of a housing crisis — the retention of existing housing stock is critical." Additionally, the report claimed three demonstrable premises: 1. One cannot build new and rent or sell cheap without subsidy. 2. Almost by definition when a unit of older housing is razed, a unit of affordable housing is lost forever. 3. Existing affordable housing programs — as useful and successful as they may be — must be realigned to address older housing stock. The conclusion provided a caution to other rapidly growing cities facing housing affordability challenges: 'j Report available at sanantonio.gov/Portals/O/Files/HistoricPreservation/CurrentProiects/AffordableHousing44 OpportunityAtRisk-Report.pddf Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 17 of 28 "Until the City of San Antonio can put new programs and policies into place, to reach the goal that the "average San Antonio family can afford to buy a home," the data illustrates that San Antonio is systematically razing housing that is affordable and building housing that is not." As Fayetteville looks to add housing units to supply, it is worth noting that new supply should be carefully balanced with preserving existing affordable housing — housing that can be in areas prime for redevelopment due to growing land values compared to declining value of aging structures. Programs that provide assistance to low income households to help residents stay in their homes are a key part of preserving existing affordable housing. The City of Fayetteville's Community Resources Department completed home repair and rehabilitation projects for eighteen housing units and thirty-two residents in 2022 with funding from federal Community Development Block Grants (CDBG). The CDBG Program supports community development activities to build stronger and more resilient communities. To support community development, activities are identified through an ongoing process. Activities may address needs such as infrastructure, economic development projects, public facilities installation, community centers, housing rehabilitation, public services, clearance/acquisition, microenterprise assistance, code enforcement, homeowner assistance, etc.'-' The 2022 housing program projects in Fayetteville included roof repair, replacement and installation of heating and cooling equipment, repairs of holes in floors, new plumbing fixtures, new flooring, new windows, and plumbing repairs. As of this assessment in 2023, the Community Resources Department has supported thirteen projects and eighteen residents with repair work that has included drywall repair, new roofs, new windows, new plumbing fixtures, basement remediation. and new plumbing fixtures. Total project costs for 2023 currently total $118,365 with an average project cost of S9,105. Participation in the CDBG program and accessing federal home repair funds will continue to be an important tool for preserving affordable housing for residents and keeping families in their homes. hudexchange.infolprograms/cdbg/ 45 Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 18 of 28 STAFF EXHIBIT: PROXIMITY TO TIER CENTERS (CITY PLAN 2040) �49 • ..- •ii hwY Is ... _ o 16 _ OD, lstn • - - -- Paved Trail - _ City Limits • Tier 1 Center • Tier 2 Center ; o _ • Special District Tier 3 Center ' 49 1.15GL High -activity Corridor •••• Transit Corridor ,265 _ 1:1 000 �reen:ene ••.� �••• 0 1 2 We Park Planning Area 0 1 2 4 Kilomete Enduring Green Network •---------••1t. Figure 2.0 - Growth Concept Mop ;,.iIjTn ''� f lee c.ardem. hLq Maple St r- 0.5 MILE N a' RADIUS , t a Y m O Di son tit •♦ l ♦ 0 v 7 ♦ �S _ n ♦ - c(\ ♦ -------- R i yy t T 0.5 MILE J RADIUS Planning Commission June RZN-2024-0028 (MODUS STUDIO) Paqe 19 of 28 I s STAFF EXHIBIT: ENERGY ACTION PLAN EXCERPTS STAFF EXHIBIT: TRAFFIC ACCIDENTS rJ V •1% W 1 readwell 5t • Q w W IM11,111 "t p • t Traffic Crashes 2017-2021 Crashes + Crash (2017-2021) Fatal injury • Incapacitating Injury • Non -incapacitating injury • Possible injury • No apparent injury `t i ►11 P % t — Crash Density (2017-2021) • Sparse - Dense High Injury Network Corridor Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 20 of 28 Wonsower, Donna From: Planning Shared Sent: Tuesday, June 11, 2024 2:00 PM To: Wonsower, Donna Subject: FW: Treadwell/Hill/Duncan rezone & rzn2024-0028 Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Kathryn Cook <kat.a.cook3@gmail.com> Sent: Tuesday, June 11, 2024 1:44 PM To: Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-ar.gov> Subject: Treadwell/Hill/Duncan rezone & rzn2024-0028 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I'm still asking you vote "No" on this rezone. I understand the UofA needs more student housing but they need to put a cap back on their acceptance until they get caught up or they need to at least, build some student housing themselves, on their campus. They have plenty of parking lots they can make into parking decks with forms above. They have not built any new housing themselves since this mess started. The City 2040 plan discusses pockets of neighborhood rezone to save certain neighborhoods, this should fall directly in that category. It's such a true neighborhood. It's all about the correct zoning for this area, and a seven story "Marshall" type building is not what needs to be here. When did we start letting developers run the city zoning and decide to turn our city into a faceless, overpriced metropolis? It's so expensive to build that we can't build cheap enough to create new housing that's this affordable - we have to depend on the existing housing for that. Once it's gone, it's gone. There is also one person, who owns one lot, across the street from us on Duncan and he is trying to also rezone that entire side of the neighborhood. He's posturing to the city, and the neighbors like he owns Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 21 of 28 more than he does and has agreed to more than he actually has. He is twisting some neighbor's arms into selling because he's fronting like he's definitely putting a huge seven story development across the street (between Duncan and the High School football field. One landlord in the rezone told me he has no plans to sell, another owner is on some sort of Estate ownership so nothing can be done or purchased until he passed away (and if he magically was forced to move, it'd kill him like other elderly friends I've had), and one lot is even excluded. If both of these rezoned go through, the entire top of this hill will be stripped, not only of the housing but of the community, ALL OF THE TREES, the birds, foxes, racoons, opossum, deer, etc, the public green space, not to mention all of the transformers and infrastructure updates they would need to deal with all of the water runoff since 90% of the existing green space/previous surface (which is a lot) would be gone. The attached photo is of the other rezoned, the yellow lot is the only lot he owns. Please stop all of this madness and vote no, please don't let these developers come in her and lie and scare people into selling their homes for greed. It's all purely about money and it shouldn't be. Thank you for your time, Kathryn Cook Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 22 of 28 Wonsower, Donna From: Planning Shared Sent: Monday, June 24, 2024 4:19 PM To: Wonsower, Donna Subject: FW: RZN-2024-0028 Attachments: PXL_20240624_153431668jpg;PXL_20240624_153524589jpg;PXL_20240624_ 153447904jpg;PXL_20240606_150902674jpg;PXL_20240621_022411716jpg;PXL_ 20240621_142912313jpg Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Kathryn Cook <kat.a.cook3@gmail.com> Sent: Monday, June 24, 2024 2:21 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: RZN-2024-0028 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon. Please, I am beggingyou to not send this to City Council. Please vote'No'. Any rezone here should be to protect the neighborhood and the habits and ecosystems. I have attached pictures. Also, many neighbors have said they don't plan to sell and others are only selling because this developer has been posturing like he owns more than the one lot he owns, and has been essentially making them feel like they have no choice but to sell. This type of thing has been forcing out people who have lived here for 50 years. Not to mention, one person has a Life Estate so they can't do anything until he dies but they've said they want him out. This is what we're doing? Our city has the opportunity to save this area. The ecosystem alone. Many of us want to request and habitat study. We have owls, deer, groundhogs, foxes, cats, birds - owls, Mississippi Kite, Eagle, etc. so many homes. How will the removal and destruction of the area be addressed? Will they be rehomed or ran into the streets? If you look at a current Google maps image that shows the actual trees, you'll see 50% of these lots are covered in beautiful, untouched nature that deserves to be preserved. Not to mention the steep grade down to the high school football field. How will this affect that drainage and will it be seven stories on the street edge or the high school edge? Depending, the building could be a In echo monstrosity on the football field side. The UofA has yet to build it's own fair share of housing. They have plenty of parking lots that can be turned into three story parking decks (triples parking) with student housing above. Please reconsider and thankyou for your time and consideration. -Kathryn Cook Wonsower, Donna From: Wonsower, Donna Sent: Thursday, June 6, 2024 8:21 AM To: hoghousel04@gmail.com Cc: Curth, Jonathan Subject: RE: FW: RZN-2024-0018; Request to Table Attachments: 03 - rezoning request letter_v1.pdf, 04 - bill of assurance_v2.pdf Good Morning, See attached for the request letter and proposed bill of assurances for RZN-2024-0028. This item is scheduled to be heard at the June 24 Planning Commission meeting, and I will save your email for inclusion in the Planning Commission packet. Please let me know if you have any further comments you would like to see included. Please note that the "Approved" stamp on the drawings is only an indication that the document is ready to be heard at the commission and is not an indication of overall project approval. Best Regards, Donna Wonsower, AICP Candidate (she/her) Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Thursday, June 6, 2024 8:09 AM To: Wonsower, Donna <donsower@fayetteville-ar.gov> Subject: FW: FW: RZN-2024-0018; Request to Table Donna, During the back -and -forth keeping the public appraised about the Treadwell zoning's tabling at this week's Council, I received the request below for information about the rezoning west of Duncan. It appears you are considering this one as well, right? If so, please accommodate the request below for information on RZN-2024- 0028. Thanks in advance, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas jcurth@fayetteville-a r.gov 479.575.8308 Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 23 of 28 Website l Facebook l Twitter l Youtube From: Scott and Jasmine 104 Duncan <hoghouse104@gmail.com> Sent: Wednesday, June 5, 2024 6:08 PM To: Curth, Jonathan <icurth@fayetteville-ar.gov> Subject: Re: FW: RZN-2024-0018; Request to Table CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Jonathan! Do you mind sending me the information about the rezoning request for RZN-2024- 0028 when it's available? It looks like this is a similar request for MSG. I don't see how the infrastructure in this area could handle this large of an increase in density. We'll be submitting comments in objection for this one too. Jasmine Nile On Wed, Jun 5, 2024 at 8:29 AM Curth, Jonathan <icurth@fayetteville-ar.gov> wrote: Certainly, and to confirm, the item was indeed tabled to the next Council meeting on June 18t" Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas i c u rth @fayetteville-a r. gov 479.575.8308 Website l Facebook l Twitter l Youtube From: Scott and Jasmine 104 Duncan <hoghouse104@gmail.com> Sent: Tuesday, June 4, 2024 4:05 PM To: Curth, Jonathan <jcurth@favetteville-ar.gov> Subject: Re: FW: RZN-2024-0018; Request to Table Planning Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 24 of 28 June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 25 of 28 RZN-2024-0028 Close Up View RMF-24 P/r, I A10, t,t7 p P-1 Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits 65 S. DUNCAN AVE CENTER ST w Z DG O Subject Property Proposed N It Q V Z D C Proposed MSC TREADWEL• L-ST w Q J J 2 Feet 0 75 150 300 450 600 1:2,400 PUTMAN •ST— ak Ri LTrei AA& NORTH Zone Current Proposed MSC 0.0 3.5 P-1 0.0 0.0 RMF-40 3.5 0.0 Total 3.5 ac June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 26 of 28 RZN-2024-0028 65 S. DUNCAN AVE J& Current Land Use _ NORTH 'ET r Z - A�� r m �ONpFt Multi -family Residential • hrr CENTER ST Subject Property } - Fayetteville High School Complex Harmon Field Mixed -Density Residential ; • ;�3 Y'� ,r Fayetteville High School Complex �1�► f Mixed -Density Residential > t BULLDOG BLVD STONE ST =� _J Neighborhood Link FEMA Flood Hazard Data Institutional Master Plan Urban Center Unclassified 100-Year Floodplain Alley Feet FloodlNay Residential Link Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1 :3, GV 00 Design Overlay District annlnq Commission June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Paqe 27 of 28 June 24, 2024 RZN-2024-0028 (MODUS STUDIO) Page 28 of 28 PUBLIC COMMENTS RECEIVED AFTER PACKET FINALIZED From: Green, Jana <Jana.Green@adtalem.com> Sent: Wednesday, June 26, 2024 3:47 PM To: Planning Shared <plannmg@fayettevdle-acRov> Subject: RZN-2024-0028 (EAST OF HARMON FIELD ON S. DUNCAN AVE) CAUTION This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I'm" Ing to find out more about the rezoning of my apartment building on S. Duncan Ave. I missed the hearing because I had the wrong date, sent tome by the attorney's office. RZN-2024-0028 (EAST OF HARMON FIELD ON S. DUNCAN AVE) I need to know how long it will be before they plan on tearing down the property. I also want to note that these apartments and the ones across the street on Treadwell are some of the LAST affordable rentals in Fayetteville. I'm not sure where you expect people with lower incomes to live, but it clearly isn't in this town or the surrounding area. There has been a housing crisis declared, but there has been no indication that anything will be done except to proceed to exclude those with lower incomes and fewer options. It's very unfortunate given that Fayetteville was once an incredibly inclusive community. Please send any information you can on the timeline so I can act accordingly and inform my neighbors. Thank you. Regards. Jana D. Green 1 Representative u. Global Transcript Evaluation Team I Institutional Support Services E Jana greentDadtalem com 500 W Monroe St. I Chicago. IL 60661 1 adtalem com ADTALEM GLOBAL EDUCATION BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In support of its application for a zoning reclassification, the owner, developer, or buyer of this Property, (hereinafter "Petitioner") South Duncan, LLC, hereby voluntarily offers this Bill of Assurance to the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce the terms of this Bill of Assurance in the Circuit Court of Washington County, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will rely upon the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that the Property subject to the rezoning request shall be restricted as follows IF Petitioner's rezoning and large-scale development applications are approved and as a part of the approval process of the Fayetteville City Council: 1. The following uses shall not be permitted: a. Unit 17, Transportation trades and services; b. Unit 34, Liquor stores; and c. Unit 45, Small scale production. 2. A Bill of Assurance containing the above restricted uses shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning and large-scale development application are approved and shall be noted on any Final Plat or Large Scale Development Plan of the Property. The Bill of Assurance will provide that the use restrictions will run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. IN TNENS WHEREOF the undersigned Petitioner executes this document. 1 SEH By: 11 I C"CN 6 ro inScD1N_ Date Its: A thorized Agent 4375 N. Vantage Drive Fayetteville, AR /on b L2� Address 'signature Notary Oath STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the day of C Lu M , ,-, , 2024, Vicki Bronson as authorized agent of South Duncan, LLC appeared before me, a Notary Public in and for said county and state, and after being placed upon her oath swore or affirmed that she did sign her name to the within and foregoing document in her capacity as authorized agent of South Duncan, LLC. e t NOTARY PUBLIC My Commission Expires: UNDA BOLTE NOTARY PUBUC WASHINGTON COUNTY, ARKANSAS COMM. EXP. 09/11/32 COMMISSION NO.12389588 Received By Kit Williams - 07/16/2024 12:20 PM BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of my request for a zoning reclassification of MSC, Main Street Center for the following property: see legal description on Exhibit A attached, 1, as the authorized agent for the owner or buyer of this property, Vicki Bronson (hereinafter called "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fayetteville City Council: Specific activities that will not be allowed upon Petitioner's property include: Unit 17, transportation trade services Unit 34 liquor stores Unit 45, small scale production Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of Petitioner's property affected by the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Vicki Bronson, as the authorized agent of Petitioner voluntarily offer all such assurances and sign my name below. Prin d Name of Authorized Agent Signature STATE OF ARKANSAS COUNTY OF WASHINGTON ,Au t,-t Position or Title of A orized Agent -�I t�Aa4 Date NOTARY OATH On this, the 16th day of July 2024, before me, the undersigned notary, personally appeared Vicki Bronson, known to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. YTARYUBLI My Commission Expires: Ga�STImob lyH co G) Go EXHIBIT A Legal Description The West 117.0 feet of the South 14.5 feet of Lot Two (2) and the West 117.0 feet of the North 35 feet of Lot Three (3) Block Seven (7), I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and Twenty (20) feet of equal and uniform width off the South side of Lot Numbered Three (3), all of Lots Four (4) and Five (5) and all Lot Numbered Six (6), except one hundred fifty (150) feet of equal and uniform width off the East end of Lot Six (6), all in Block Seven (7) in I. W. Duncan's Addition to the City of Fayetteville, Arkansas. and One hundred fifty (150) feet of equal width off the East end of Lot Numbered Six (6) in Block Numbered Seven (7) in I. W. Duncan's Addition to the City of Fayetteville, as designated upon the recorded plat of said Addition. and Lot 1, Block 6, I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as shown on plat of record in Plat Book 4 at Page 192, plat records of Washington Couty, Arkansas. and The North forty (40) feet of Lot Numbered Two (2) in Block Numbered Six (6) of I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and 15 feet of equal and uniform width off the South side of Lot Numbered 2 and 45 feet of equal and uniform width off the North side of Lot Numbered 3 in Block Numbered 6 of I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and Ten (10) feet of equal and uniform width off the South side of Lot Numbered Three (3) and all of Lot Numbered Four (4) in Block Numbered Six (6) in I. W. Duncan's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. and 3 Lots Numbered Five (5) and Six (6) in Block Numbered (6) in I. W. Duncan's Addition to the City of Fayetteville, as shown and designated upon the recorded plat of said Addition, EXCEPT a strip of equal and uniform width of fifteen (15) feet off the South side of said Lot Six (6). and A part of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, and being described as follows, to -wit: Beginning at a point that is 660 feet (40 Rods) South of the NE corner of said forty acre tract; said point being in Duncan Street in the City of Fayetteville; thence with said Street, South 45 feet; thence leaving said street, West 215.4 feet (Deed Call 220 feet) to a fence; thence North 45 along said fence; thence East 215.4 feet (Deed Call 220 feet) to the Point of Beginning, containing 0.22 acres, more or less. Subject to that portion that lies in Duncan Street on the East. and A part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range Thirty (30) West, Washington County, Arkansas, described as follows: Beginning at a point which is 705 feet South of the Northeast corner of said forty -acre tract, thence South 85 feet; thence West 220 feet; thence North 85 feet; thence East 220 feet to the point of beginning. and A part of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 800 feet South of the NE corner of said 40-acre tract; and running thence South 60 feet; thence West 220 feet; thence North 60 feet; thence East 220 feet to the point of beginning. and a part of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, of the Fifth Principal Meridian, and being more particularly described as follows: Beginning at a point which is 800 feet South of the NE corner of the NW 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, and running thence West 200 feet; thence North 10 feet; thence East 200 feet; thence South 10 feet to the point of the beginning. FEA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney TO: Mayor Blake Pennington City Council Senior Assistant City Attorney Kara Paxton, City Clerk/ Treasurer Hannah Hungate Assistant City Attorney Stacy Barnes CC: Susan Norton, Chief of Staff Paralegal Jonathan Curth, Development Services Director FROM: Kit Williams, City Attorney C DATE: July 16, 2024 RE: Proposed rezoning on South Duncan Attached please find the proposed revised rezoning ordinance which now states it is subject to the revised proffered Bill of Assurance submitted by the applicant. Once the applicant officially offers this Bill of Assurance to remove transportation trade services, liquor stores, and small scale production facilities as permitted uses from its requested Main Street Center rezoning, I will ask the City Council to amend the initial rezoning ordinance to the new one with "subject to a bill of assurance" added. The motion should be to amend the current ordinance to the one attached to this memo (or handed out at this meeting) and amend the previously mentioned Bill of Assurance to the new slightly amended and improved Bill of Assurance (which is attached to this memo). These two amendments in one motion should occur before public comment so that the public can comment if they desire to about the Bill of Assurance as well as the proposed rezoning itself. ORDINANCE NO. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-28 FOR APPROXIMATELY 3.7 ACRES LOCATED EAST OF HARMON FIELD ON SOUTH DUNCAN AVENUE IN WARD 2 FROM RMF-40, RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO MSC, MAIN STREET CENTER, SUBJECT TO A BILL OF ASSURANCE 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 RMF-40, Residential Multifamily, 40 Units Per Acre to MSC, Main Street Center, subject to the attached Bill of Assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 16th day of July, 2024. APPROVED: ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of my request for a zoning reclassification of MSC Main Street Center for the following property: see legal description on Exhibit A attached, I, as the authorized agent for the owner or buyer of this property, Vicki Bronson (hereinafter called "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fayetteville City Council: Specific activities that will not be allowed upon Petitioner's property include: Unit 17, transportation trade services Unit 34 li uor stores Unit 45, small scale production Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of Petitioner's property affected by the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Vicki Bronson, as the authorized agent of Petitioner voluntarily offer all such assurances and sign my name below. Prinped Name of Authorized Agent Signature STATE OF ARKANSAS COUNTY OF WASHINGTON but ��z Position or Title of AWZorized Agent - -�Iltoiaq Date NOTARY OATH On. this, the 16th day of July 2024, before me, the undersigned notary, personally appeared Vicki Bronson, known to me (or satisfactorily proven) to be the person(s) whose name is/ subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. CTBLI My Commission Expires: GR�S7r �yti o CD 12726b'�, �krr. 2 Received From: Jonathan Curth 08/01/2024 3:27 PM = The Cardinal at West Cen ter GS t sir 1 �L 1= Atmosphere W I rcodwell st 71: Q t Harmon Field = - r Q M 11:1 W Putman sl _1 1 t � � _ 0 0.01 0.03 0.05 mi The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any Exhibit claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with p reference to the data. No word, phrase, or clause found herein shall be Fayetteville, AR construed to waive that tort immunity set forth under Arkansas law. Created: 8/1/2024 Credits: City of Fayetteville, AR Map Author: Received From: Jonathan Curth 08/01/2024 3:27 PM CITY OF FAYETTEVILLE P10-AP ARKANSAS MEETING OF AUGUST 6, 2024 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: August 1, 2024 SUBJECT: UA Student Housing CITY COUNCIL MEMO BACKGROUND: At the July 16, 2024 City Council meeting, councilmember inquiries were made about off - campus students enrolled at the University of Arkansas -Fayetteville (UA). These questions were posed in the context of a rezoning request (RZN-2024-0028) for approximately 3.7 acres of land on the west side of S. Duncan Avenue near Fayetteville High School and situated between the main UA campus to the north and the expanding UA School of Art facilities to the south. SUMMARY: • 2023 UA student enrollment was 32,140, an increase of 86.1% since 2004 • Current on -campus housing totals 6,229 beds, 2,800 of which were opened since 2004 • UA has entered in to off -campus master leases for approximately 1,200 beds in 2024 • 1,265 new on -campus beds are proposed for Summer 2027 • An estimated 24,000 UA students live off campus • Five projects in various states of development review are identified as fully- or partially student oriented, constituting an approximate 3,400 beds DISCUSSION: To ground any consideration of UA students, a clear understanding of their number and the University's enrollment growth is important. Between 2004 and 2023, student enrollment increased 86.1 %, from 17,269 to 32,140. Most prominently, between 2010 and 2012, and 2021 and 2023, enrollment increased by more than 1,200 students annually. Over the same time, the availability of on -campus UA housing has grown at a slower rate despite the addition of 2,800 new beds with projects like Maple Hill East and West, the Duncan Avenue Apartments, and Adohi Hall. Combined with older facilities, the UA has 6,229 on - campus beds spread among dorms, suites, apartments, and other housing types. This is not adequate to house the approximately 6,400 freshman that enrolled in Fall of 2023, which is a factor, when combined with the COVID pandemic, in the UA loosening their policy for the requirement of freshman to live on -campus. To partially address this shortfall, the UA Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 entered in to master leases with off -campus housing providers. In 2023, this included 720 beds with estimates for 2024 exceeding 1,200 beds. Additionally, the UA undertook a housing study that recommends construction of additional on -campus housing, with plans underway for 1,265 new, on -campus beds in the Maple Hill area. Combined, this represents about 8,600 beds when considering currently available, on -campus bedrooms, properties under master lease, and the new, on -campus housing scheduled to open Summer of 2027. Expanding beyond freshman enrollment and housing needs, 2023 UA data suggests there are approximately 20,604 undergraduate students living off -campus, or approximately 75% of the total. Less apparent is the number of graduate students, who totaled 4,668 in 2023, that are housed off -campus. Taking a conservative estimate and assuming comparable proportions of graduate and undergraduates live off -campus, indicates that an estimated 24,000 UA students seek off -campus housing. Perhaps unsurprisingly, a robust private market for student housing has resulted. While there is not readily identifiable data on the number of existing units and beds utilized for off -campus students, development review staff are familiar with the nature and intended occupants of many incoming residential projects. Currently, this includes five locations with student -oriented projects in varying stages of development, ranging from recently rezoned to nearing construction permitting. Based on the current details for these projects, all are intended to be fully or partially marketed towards students with an overall bed count of 3,415. Attachments: • Table 1: UA Enrollment • Table 2: On -Campus UA Housing & Master Leases • Table 3: Off -Campus Student Estimates • Table 4: Pending/In-Development Student Housing Table 1: UA Enrollment Enrollment Total %YoY #YoY Year Enrollment Change Change 2023 32,140 3.9% 1,204 2022 30,936 6.4% 1,868 2021 29,068 5.5% 1,506 2020 27,562 0.0% 3 2019 27,559 -0.8% (219) 2018 27,778 0.8% 220 2017 27,558 1.3% 364 2016 27,194 1.6% 440 2015 26,754 2.0% 517 2014 26,237 3.5% 896 2013 25,341 3.3% 804 2012 24,537 5.8% 1,338 2011 23,199 8.4% 1,794 2010 21,405 7.8% 1,556 2009 19,849 3.4% 655 2008 19,194 2.9% 546 2007 18,648 4.0% 722 2006 17,926 0.6% 105 2005 17,821 3.2% 552 2004 17,269 - - TOTAL Change 2004-2023 86.1 % 14,871 Source: UA Office of Strategic Analytics & Insights Table 2: On -Campus UA Housing & Master Leases On -Campus Housing & Master Leases 2024 On campus Notes Traditional 3,373 Semi -suite 828 Suites 1,632 Apartments 188 Staff 208 TOTAL Existing On -Campus 6,229 Proposed New 1,265 Maple Hill North: 645, Maple Hill Central: 620 - SUMMER 2027 TOTAL On -Campus Summer 2027 7,494 Master Leased 1,257 Versus 720 in 2023 (Marshal, Cardinal, Locale, Ozark Villas) TOTAL On- & Off -Campus Leases 8,751 Source: Vice Chancellor Battjes presentation to Spring 2024 Town & Gown Table 3: Off -Campus Student Estimates Student Estimates 2023 Enrollment Total Off -Campus Est. Undergraduate Students 27,472 Off-campus/Commuter Undergrads 20,604 Graduate Students 4,668 Off-campus/Commuter Grads 3,501 '* TOTAL Off -Campus Estimate 24,105 *Based on source estimate of 75% of undergrads as off-campus/commuter **Assuming comparable proportion of graduate students as off-campus/commuter SOURCE: UA Common Data Set (College Board, Peterson's, US News & World Report collaboration) Table 4: Pending/In-Development Student Housing Pend in /In -Development Student Housing Parcel Number (Project Name) Units I Beds 765-13732-012 (Axis) 209 630 765-14008-000 (1301 N. Gregg Ave.) 174 650 Various (151 Dickson) 185 611 Various (612 Center) 226 674 Various (Subtext) 270 850 W. of Duncan Unknown Unknown TOTAL Pending/In-Development Off -Campus 3,415 On -Campus (Maple Hill) 1,265 TOTAL Pending/In-Development On- & Off -Campus 4,680 4 Received From: Mike Driver 08/20/2024 2:30 P.M. Ii CITY OF FAYETTEVILLE ARKANSAS August 20, 2024 Modus Studio 15 N Church Ave #102 Fayetteville, AR 72701 Dear Modus Studio, P01.10E O� rnv¢rr� G • EET. 1870 After reviewing your request to the Fayetteville City Council (RZN 2024-0028) to rezone the 3.7-acre property on South Duncan Avenue from Residential Multifamily 40 (RMF-40) to Main Street Center (MSC), I have found no public safety concerns associated with this proposed change. Based on the information provided, the rezoning appears to be compatible with the safety and security needs of the area, and from a public safety standpoint, the Fayetteville Police Department has no opposition to your request. As areas in Fayetteville continue to develop and population density increases, the Fayetteville Police Department will monitor call volumes and crime statistics closely. Should the need arise, I will request the Fayetteville City Council approve additional police officers and resources to ensure that the safety of the community remains a top priority. Please feel free to reach out if you have any further questions or require additional information. Si erely / &- 44--- Mike Reynolds Chief of Police MR -.am Mailing Address www fayetteville-ar gov 1800 N Stephen Carr Memorial Blvd Fayetteville, AR 72704 RECEIVED Dear Members of City Council, AUG 2 U 2024 CITY CLERKS OFFICE It's clear that our community needs more affordable housing for those who live here long-term and I believe that addressing student housing is a crucial step in making that happen. Concentrating the student population near the university and reducing car traffic and congestion should be a top priority in any new development plan in the area and I feel this project addresses these issues. I personally live in and work in downtown Fayetteville and would like to see these neighborhoods preserved for those of us who plan to live here for many years to come. By creating high -density student housing close to campus we can also significantly reduce the need for students to drive. This would help keep our historic neighborhoods and entertainment districts available for the residents who live and work here long-term while also reducing some traffic issues in the area. By effectively managing student housing, we can better focus on meeting the housing needs of the residents who have built this community. Thank You, John Dillon Welter 122 W. Meadow St. Ap 2 Fayetteville, AR 72701 RECEIVED Dear City Council, AUG 2 0 2024 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I am writing to express my support for the proposed high -density student housing complex near the U of A campus. This project presents numerous benefits that will not only serve the student population but also preserve the integrity of our historic neighborhoods and the vibrant entertainment district for Fayetteville natives and long-term residents. First, by situating the student housing complex in close proximity to the campus, we can help to reduce the pressure to -develop within downtown neighborhoods and the entertainment district that provides jobs and activities to many and is at risk of becoming less accessible due to parking and traffic issues during the school year. The inclusion of a parking garage for this facility could alleviate some of the current parking issues faced by both students and residents. By providing ample parking within the complex, we can reduce the need for street parking, which often leads to congestion in nearby neighborhoods. With students living closer to campus, the need for daily commutes will decrease, promoting walking, biking, or using public transportation. This shift not only eases traffic but also contributes to a more sustainable and environmentally friendly city. The high -density student housing complex offers a practical solution to several challenges our city faces. It preserves our historic neighborhoods, protects the entertainment district, and addresses parking and traffic concerns. Thank you for your consideration. Sincerely, Thomas Vaughn 7 E MLK Jr. Blvd Fayetteville, AR 72701 Received From: Seth Mimms 08/20/2024 5:05P.M. NATURAL RESOURCE PLANNING 531 East Rock Street Fayetteville, AR 72701 Esteemed Members of the Fayetteville City Council, I am an urban forestry consultant and owner of Natural Resource Planning. My background includes being a certified arborist with the International Society of Arboriculture, the past Arkansas Forestry Commission state urban forester and the City Horticulturist for the City of Fayetteville. I have worked with many developers over the years, including Seth Mims, and have found them to be one of the best for trying to adhere to the spirit of the tree preservation and protection ordinance. I have walked the proposed site with the applicant and listened to the suggestions and goals put forth by their team regarding which trees they believed were worthy of preservation based upon the requirements and priorities found in the "Tree Preservation and Protection Ordinance" found in chapter 167:02-167:04 of the unified development code of the city of Fayetteville. I evaluated each tree they are proposing to preserve and also walked the entire site with the applicant while observing ALL of the trees and making my own initial assessment of which trees should be considered for the preservation plan due to their ecological value and potential longevity. My conclusion is that they have made some good choices and also understand the intent of the Tree Preservation and Protection Ordinance. The applicant is planning to preserve many mature and healthy trees around the borders of the property which will provide a pleasant buffer between the proposed project and Harmon Field as well as a buffer in key areas along the eastern boundary with S. Duncan Ave. Many of these 'border' trees provide canopies which overlay on public R.O.W.'s and neighboring properties. Unfortunately, these 'overlaying' areas do not count towards the minimum tree canopy protection required. In my professional opinion, if the applicant can maintain a minimum of 10% tree preservation on site while also preserving the 'border trees' between the proposed project and Harmon Field plus the significant 'key area' trees along S. Duncan Ave., that the project will provide the desired greenspace through their tree preservation efforts for both the public (pedestrians and motorists alike) and the spectators observing activities taking place on Harmon Field. The applicant is agreeable to using the services of a professional tree spade contractor in order to relocate certain ideal tree specimens that are good candidates for relocation to elsewhere on the site for survivability. In conclusion, the consideration of the perimeter trees targeted for preservation and the ability and willingness of the applicant to relocate ideal specimens, the resulting tree preservation efforts will significantly exceed the code prescribed 10% minimum canopy as designated for the proposed zoning classification. I recommend to the members of the city council that the rezoning be approved with the prescribed percent minimum canopy for Main Street Center (MSC) as found in Table 1 of Section 167:04 of the Fayetteville, AR Code of Ordinances. Respectfully, Patty Embry Certified Arborist SO-1118A Form v1 52 NW4\ media Account#: NWCL5004205 RECEIVED Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN AUG 2 7 2024 FAYETTEVILLE, AR 72701 CITY OF FAYE7T V!LLE Ad number#: 432825 CITY CLERKS OFFICE PO#: Matter of: ORD 6783 AFFIDAVIT•STATE OF ARKANSAS I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6783 Pending in the court,in said County,and at the dates of the several publicat ons 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. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$101.84. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 08/25/24;NW4 nwaonline.com 08/25/24 Legal Cle O •.r\N\Z2 �,F 3 0 State ofARKANSAS,County of Sebastian _ :,o�OTAR y N:N Subscribed and sworn to before me on this 26th day of August,2024 z p'• PUBL\G o: l N Y PUBLIC Ordinance:6783 File Number:2024-306 REZONING-2024-0028:(EAST O HARMON FIELD ON S.DUN- CN AVE.IMODUS STUDIO,522). AN ORDINANCE TO REZONE TE PROPERTY DESCRIBED IN !:ONNGpETI4N024_iFORA:,RITEL37 I TIORZ 2 OXAY . CES LOCTED EAST OF lAR- ON REIDN SOUTH OUNCAN VNUE IN ARD 2 FROM RMF- 0RESIDENTIAL MULTIFAMILY, 0UNITSPERACTO MSAIN STREET CENTER, SUB- JECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby changes the tone classification of the property shown on the map(Exhibit A)and the legal de- scripton (Exhibit B) both at- tached to the Planning Department's Agenda Memo from RMF-40,Residential Mul- tifamily, 40 Units Per Acre to MSC,Main Street Center,sub- )ect to the attached Bill of As- surance. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on August 20,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$101.84 August 25,2024 432825