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HomeMy WebLinkAbout299-24 RESOLUTION04 A{ ram! u r� tgKANS'ti 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 299-24 File Number: 2024-616 APPEAL: LARGE SCALE DEVELOPMENT-2024-0011: (SOUTHEAST OF S. NELSON HACKETT BLVD & E. SOUTH ST./URBAN LOFTS AT NELSON HACKETT, 523): A RESOLUTION TO DENY THE APPEAL OF CITY COUNCIL MEMBER D'ANDRE JONES AND APPROVE LARGE SCALE DEVELOPMENT LSD-2024-0011 ON THE CONDITION THAT THE DEVELOPER WAIVE ANY RIGHT TO RECEIVE MORE THAN 29 PARKING PASSES FOR ITS TENANTS IF A NEIGHBORHOOD PARKING DISTRICT IS CREATED WHEREAS, on September 23, 2024, the Planning Commission voted to approve the large-scale development application LSD-2024-0011; and WHEREAS, City Council Member D'Andre Jones timely appealed this approval by his email to City Clerk Treasurer Kara Paxton on October 1, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby denies the appeal and approves Large Scale Development 2024-0011 (the Lofts) on condition that the developer place upon its plat its agreement with the City that limits any parking passes available for its tenants within any neighborhood parking district to not more than 29 nor more than the new on -street parking spaces created by the developer adjoining his development. PASSED and APPROVED on December 4, 2024 Page 1 Attest: G T Y Kara Paxton, City Clerk Treasurer rJo O i ONt; CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 4, 2024 CITY COUNCIL MEMO 2024-616 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Donna Wonsower, Planner SUBJECT: APPEAL: LSD-2024-0011: Large Scale Development (SOUTHEAST OF S. NELSON HACKETT BLVD & E. SOUTH ST/URBAN LOFTS AT NELSON HACKETT, 523): Submitted by DEVELOPMENT CONSULTANTS INC for property located SOUTHEAST OF S. NELSON HACKETT BLVD in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 1.28 acres. The request is for a 138-unit multi- family residential development and associated parking. RECOMMENDATION: City Staff and Planning Commission recommend approval of the large-scale development request as described and shown in the attached Exhibits `A' and `B', and described in the attached Planning Commission staff report. BACKGROUND: The subject area contains one 1.28-acre parcel which is bound by W. South St. to the north, S. Nelson Hackett Blvd. to the west, W. 4th St. to the south, and S. Block Ave. to the east. The parcel received its current zoning designation in 2006 with the implementation of the Downtown Master Plan (ORD 4930). The parcel was previously developed with four residential structures, each of which contained four residential dwelling units. These fourplexes were demolished in 2022 and the site is currently undeveloped. The property is within the Downtown Master Plan area and 71 B Corridor Plan. Request: The applicant requests large scale development approval to develop the subject property with two multifamily structures totaling 138 residential units. Public Comment: Staff has received substantial comments on this proposal, with the majority expressing opposition. Several members of the public have provided both multiple written and verbal comments. Six people spoke at Subdivision Committee and 18 spoke at the August 12 Planning Commission meeting. Including written comments received before and after the August 12 Planning Commission meeting, staff has received 53 written comments from 37 unique individuals. Comments opposed to the development generally cited include increased traffic danger and congestion, insufficient or dangerous parking, conflicts with the existing neighborhood character, a high number of children and walkers, inadequate existing infrastructure, opposition to small "efficiency" units, and incompatible density. Comments in support have cited the need for more affordable housing in the city, previous multifamily use of the property, a thoughtful approach and transition, good design, and high -quality materials. Findings: Staff finds the proposed large-scale development is not likely to adversely affect the public interest. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The proposed multi -family structures are of a type and scale that is compatible with the surrounding neighborhoods, with the larger structure fronting Nelson Hackett Blvd. and transitioning to a smaller building of only two stories adjacent to the surrounding neighborhood. Street improvements, including sidewalk construction and curb widening, are proposed along S. Nelson Hackett Boulevard., W. South Street, S. Block Avenue, and W. 4th Street. On average, each street is shown to be widened by approximately the width of a parallel parking space, meaning that any proposed parallel parking would occur outside of the existing street curb. Memos have been provided from Solid Waste and the Fire Marshall's office indicating no concerns with street access as designed. Further, the police have requested proposed parking on Nelson Hackett be well -lit for public safety but have otherwise indicated that they do not see substantial issues arising from the proposed development. Additionally, a traffic assessment was completed, and Engineering staff have determined that the anticipated impact of the development is not sufficient to warrant a full traffic study. While there has been substantial public comment regarding the proposed density of the project, staff notes that the underlying DG, Downtown General zoning district does not have a prescribed density limit. The applicant voluntarily reduced their total unit count during the entitlement process; however, staff cannot require reductions of the unit count beyond what is permitted by right or controlled by other development standards. Further, staff analyzed several downtown multifamily developments, and found that the proposal is less intense than many of these when considering density by bedrooms per acre rather than unit count. As parking requirements apply based on bedroom count, staff found this metric provided a more direct comparison since other apartment complexes in the area feature multi -bedroom units. The proposed Urban Lofts project has a bedroom count of 108 bedroom per acre and is parked 99% on site or on the immediately abutting streets, which is permitted with the approval of the Zoning and Development Administrator. In comparison, the Atmosphere Apartments have 188 bedrooms per acre with 85% of these bedrooms parked. The Cardinal Apartments have 174 bedrooms per acre with 88% of units provided parking. Academy at Frisco Apartments and Gather Dickson both park 100% of units when accounting for only their residential component, but also have bedroom densities of more than double the proposed density at Urban Lofts. Four variances have been requested, with staff finding these to be appropriate and representing relatively minor impacts, including for access management and dumpster location. Given the property's unique condition of four street frontages, these variances would likely be necessary of any development. No variances have been requested for parking counts, as the proposal is within all parking allowances permitted by -right including the ability to utilize substituted bicycle racks and motorcycle spaces within the required parking total. While staff notes that one variance applies to parking located within a build -to -zone, the applicant has not taken their full, potential reduction allowed based on proximity to multiple transit stops. While removing these spaces could eliminate the need for this variance, it could also increase potential overflow off -site. Staff recommends approval of all requested variances. DISCUSSION: At the August 12 Planning Commission meeting, the Planning Commission voted to deny the overall project, citing traffic safety concerns. Extensive public comment was also provided, which is summarized in the report. After a request to reconsider by the applicant, the Commission voted to do so on August 26 and tabled the item to the September 23 Planning Commission meeting to provide time for the applicant to re -notify the surrounding properties. In the intervening weeks, updated plans were provided which reduced the total number of units from 163 to 138, removed two variance requests, addressed inconsistencies in tree mitigation calculations, and updated parking calculations. A bike wash and work stand was also added at the northwest pedestrian entry near the proposed bike racks. The request for reconsideration also includes a commitment to reserve 15% of the units for those within a designated AMI and well as multiple steps intended to encourage car -free renters. At the September 23 Planning Commission meeting, the Planning Commission voted 8-1-0 to approve the Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 revised plans. Commissioner Werner motioned to approve with a second from Commissioner Castin. Commissioners voting in favor of the development cited steps the developer has taken to address concerns, stringent standards for project denials, proposed safety improvements, the by -right nature of parking allowances, proposal by the applicant to purchase parking permits in the adjacent downtown parking garage for potential overflow, reasonable variance requests, proximity to transit, thoughtful design, high -quality materials, and the need for additional housing options including smaller rental units. Several commissioners mentioned the possibility of a parking district in the surrounding neighborhoods but noted that doing so would be a separate process that would require City Council approval. Commissioner Payne voted against the proposal, citing potential traffic hazards. Twenty-nine individuals spoke at this meeting, with 10 in support and 19 opposed. Comments in support generally cited the need for single -bedroom apartments in Fayetteville, recent street improvements along Nelson Hackett, proximity to downtown, the housing crisis, and city goals for infill and housing along the 71 B corridor. Comments opposed generally cited concerns with traffic, parking, pedestrian safety, desire for less housing, and the presence of the depressed courtyards along Nelson Hackett. BUDGET/STAFF IMPACT: NA ATTACHMENTS: Appeal Letter with Council Member Sponsors (#3), Exhibit A (#4), Exhibit B (#5), Staff Report (#6), Council Appeal Memo - City Attorney (#7), City Attorney Memo (#8), Proposed Bill of Assurance - City Attorney Reply (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-616 APPEAL: LSD-2024-0011: Large Scale Development (SOUTHEAST OF S. NELSON HACKETT BLVD & E. SOUTH ST/URBAN LOFTS AT NELSON HACKETT, 523): Submitted by DEVELOPMENT CONSULTANTS INC for property located SOUTHEAST OF S. NELSON HACKETT BLVD in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 1.28 acres. The request is for a 138-unit multi -family residential development and associated parking. A RESOLUTION TO DENY THE APPEAL OF CITY COUNCIL MEMBER D'ANDRE JONES AND APPROVE LARGE SCALE DEVELOPMENT LSD-2024-0011 ON THE CONDITION THAT THE DEVELOPER WAIVE ANY RIGHT TO RECEIVE MORE THAN 29 PARKING PASSES FOR ITS TENANTS IF A NEIGHBORHOOD PARKING DISTRICT IS CREATED WHEREAS, on September 23, 2024, the Planning Commission voted to approve the large-scale development application LSD-2024-0011; and WHEREAS, City Council Member D'Andre Jones timely appealed this approval by his email to City Clerk Treasurer Kara Paxton on October 1, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby denies the appeal and approves Large Scale Development 2024-0011 (the Lofts) on condition that the developer place upon its plat its agreement with the City that limits any parking passes available for its tenants within any neighborhood parking district to not more than 29 nor more than the new on -street parking spaces created by the developer adjoining his development. Page 1 From: Williams, Kit <kwilliams@favetteville-ar.gov> Sent: Wednesday, October 2, 2024 9:50 AM To: Paxton, Kara <kapaxton@fayetteville-ar.gov> Cc: Shelton, Jackson <ishelton@favetteville-ar.gov>; D'Andre Jones <dre91732000@gmail.com>; Turk, Teresa <teresa.turk@favetteville-ar.gov>; Stafford, Bob <bob.stafford@fayetteville-ar.gov> Subject: FW: Request to appeal Kara, Reading this entire list of emails below, I conclude that Council Member D'Andre Jones has properly appealed the Planning Commission's decision to approve the Large Scale Development on the corner of Nelson Hackett boulevard and South Street on behalf of resident Louise Gamache upon my forwarding of this email to you. Council Member Jones properly referenced the proper code listing approval/rejection criteria for an LSD and his concern about traffic safety. Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, October 1, 2024 7:34 PM To: Williams, Kit <kwilliams@favetteville-ar.gov>; Alan@drainagedoctornwa.com; esvule@yahoo.com Subject: Re: Request to appeal 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. Hello Kit I an appealing the planning commission's decision referencing Section 166.02 (C)(2)(a) The proposed development could pose dangerous traffic issues and impact the neighborhoods quality of life. I have included Alan Ostner and Louise Gamache of the neighborhood in this email. Sent from my iPhone On Oct 1, 2024, at 9:44 AM, Williams, Kit <kwilliamskfayetteville-ar.gov> wrote: D'Andre, Teresa was also asking about appealing this decision. Please see below what is required and the code sections which are attached. Kit From: Williams, Kit Sent: Tuesday, October 1, 2024 9:04 AM To: Turk, Teresa <teresa.turk@favetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville- a r.gov> Subject: RE: Request to appeal Teresa, You may appeal this decision for a resident by emailing your appeal for the resident to the City Clerk's Office. The appeal must be accomplished by next Monday (ten business days from the Planning Commission's decision). You need to reference Section 166.02 (C)(2)(a) and discuss a possible violation of subsection (iv) "The proposed development would create or compound a dangerous traffic condition." I have attached copies of the relevant Code sections for your information. If you have further questions, please call me. Kit From: Turk, Teresa <teresa.turk@favetteville-ar.gov> Sent: Monday, September 30, 2024 8:05 PM To: Williams, Kit <kwilliams@favetteville-ar.gov>; Pennington, Blake <bpennington@favetteville-ar.gov> Subject: Fwd: Request to appeal What is required to sponsor this appeal on behalf of this resident? What is the deadline to appeal this decision? Thanks in advance, Teresa Sent from my iPhone Begin forwarded message: From: Esyule <esyuleAyahoo.com> Date: September 30, 2024 at 8:02:53 PM CDT To: "Turk, Teresa" <teresa.turkCa),fayetteville-ar.gov> Subject: Request to appeal 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. From: Esyule <esyule@yahoo.com Subject: Lot at 4th St and South St, bordering on Nelson Hackett Blvd, plans and approval Sept. 23rd LSD-2024-0011 Dear Teresa: As a property owner and resident in Ward One on the south side, I am appalled by the approval to build on over 130 unit apartment complex with a parking lot to hold 72 cars on this lot which is just over an acre, on a hill off a busy road as well as building in parallel parking on Nelson Hackett Blvd. The residents and nearby residents spoke eloquently against this and I concur. It is a devastating money grab which will harm the existing neighborhood, pose dangerous traffic issues, congest a fragile historic area and harm the essential nature of this city. I ask that you appeal this decision on LSD-2024-0011 by the City Planning Board to allow the build yo proceed. If I and other concerned citizens of Fayetteville need to do more to stop this build, please let me know. Thank you. Louise Gamache 311 East Huntsville Rd 479-601-4519 esyulegyahoo.com Sent from my iPhone LSD-2024-0011 S. NELSON HACKETT BLVD & Close Up View W. 4TH ST 5TH O J w Q I x V W r 2 O n � U � G n Subject Property SOUTH,,ST -NELSON HACKEV�.Iw` Urban Center ' g Plannin Area .-_. - - Fayetteville City Limits ! Design Overlay District w Q RSF-18 W �4TH ,STw Q O m y 1 w �UE 5TH,ST- Feet 0 75 150 300 450 600 1:2,400 M A& NORTH RSF-18 RI-U Main Street Center Downtown General Neighborhood Conservation Exhibit'B' LSD-2024-0011 SITE DESCRIPTION PART OF LOTS 4 AND 5, AND ALL OF LOTS 6 AND 7, BLOCK 17, AND PART OF LOTS 1, 2 AND 3, AND ALL OF LOTS 4, 5, 6 AND 7, BLOCK 18, JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION, BEING ALL OF SAID LOTS IN BLOCKS LYING SOUTH AND EAST OF ARCHIBALD YELL DRIVE (US HIGHWAY NO. 71) SITUATED IN ETH CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. ABD A 14' ALLEY, ORDIANNCE 1322, BK 581, PG 154. CITY OF FAYETTEVILLE ARKANSAS TO: Planning Commission THRU: Gretchen Harrison, Senior Planner FROM: Donna Wonsower, Planner Melissa Boyd, Staff Engineer Melissa Evans, Urban Forester MEETING: September 23, 2024 PLANNING COMMISSION MEMO SUBJECT: LSD-2024-0011: Large Scale Development (SOUTHEAST OF S. NELSON HACKETT BLVD & E. SOUTH ST/URBAN LOFTS AT NELSON HACKETT, 523): Submitted by DEVELOPMENT CONSULTANTS INC for property located SOUTHEAST OF S. NELSON HACKETT BLVD. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 1.28 acres. The request is for a 163-unit multi -family residential development and associated parking. RECOMMENDATION: Staff recommends approval of LSD-2024-0011 with conditions. RECOMMENDED MOTION: `7 move to approve LSD-2024-0011, determining" • In favor of variance to § 166.11(A), Conformance to Plans and Regulations; • In favor of variance to §166.05(F), Access Management; • In favor of variance to §166.21(E)(1), Dumpster Location; • In favor of variance to §172.04(C)(4): Parking Lot Location Standards; • In favor of recommended right-of-way dedication, • In favor of recommended street improvements, and • In favor of all other conditions as recommended by staff." AUGUST 12, 2024 PLANNING COMMISSION MEETING: At the August 12 Planning Commission meeting, the Planning Commission voted to deny the overall project, citing traffic safety concerns. Extensive public comment was also provided, which is summarized in the report. After a request to reconsider by the applicant, the Commission voted to reconsider the item on August 26 and tabled the item to the September 23 Planning Commission meeting to provide time for the applicant to renotify the surrounding properties. In the intervening weeks, updated plans were provided which reduced the total number of units from 163 to 138, removed two variance requests, addressed inconsistencies in tree mitigation calculations, and updated parking calculations. A bike wash and work stand was also added at the northwest pedestrian entry near the proposed bike racks. The request for reconsideration also includes a commitment to reserve 15% of the units for those within a designated AMI and well as multiple steps intended to encourage car -free renters. BACKGROUND: The subject area contains one 1.28-acre parcel which is bound by W. South St. to the north, S. Nelson Hackett Blvd. to the west, W. 4th St. to the south, and S. Block Ave. to the east. The parcel received its current zoning designation in 2006 with the implementation of the Downtown Master Plan (ORD 4930). The parcel was previously developed with four residential structures, each of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 1 of 151 which contained four residential dwelling units. These fourplexes were demolished in 2022 and the site is currently undeveloped. The property is within the Downtown Master Plan area and 71 B Corridor Plan. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Retail, DG, Downtown General Mixed -Density Residential South Single -Family Residential DG, Downtown General East Single -Family Residential NC, Neighborhood Conservation RSF-18, Residential Single Family, 18 Units per Acre West Single-family Residential DG, Downtown General Proposal: The applicant requests large scale development approval to develop the subject property with two multifamily structures totaling 138 residential units. Four variances have been requested with this project. Variance #1: §166.11(A), Conformance to Plans and Regulations. All projects shall conform to the official plans and regulations that make up the City's Master Street Plan. S. Nelson Hackett Blvd. is an Urban Center Street, which typically requires two ten -foot drive lanes, two eight -foot parking lanes, two four -foot furniture zones and an eight -foot sidewalk on each side of the street. The applicant has proposed a street section in line with administratively approvable design elements, with the exception of a proposed ten -foot slip lane between the drive lanes and parallel parking. a. Staff recommendation: Staff recommends in favor of the variance. The stated intent of the slip lane is to provide additional area for vehicles utilizing on -street parking to safely maneuver while entering or existing the parallel parking spots. Given the curve and slope of S. Nelson Hackett Blvd., staff finds that this slip lane will serve the public benefit by improving safety. Fayetteville Police recommend that the proposed parallel parking along Nelson Hackett shall be well -lit, and staff recommends a modified curb shall be installed between the travel and buffer lanes, and the buffer lane shall be constructed out of stamped colored concrete (similar to roundabout truck aprons) to create a visual and tactile change in material between the travel and parking lanes. The exact stamp pattern and colored concrete may be submitted to Engineering for approval with the grading permit. Should the Planning Commission choose to specify an exact stamp pattern and concrete color, staff recommends it match what was installed at the Porter/Deane/Stephen Carr roundabout. Variance #2 §166.08(F): Access Management. Per ordinance, properties that fronts onto more than one (1) public street shall place a higher priority on accessing the street with the lowest functional classification, e.g., residential and neighborhood links. In a case where the streets have the same classification, access shall be from the lower volume street, or as determined by the City Engineer. The proposal includes one driveway onto S. Block Ave. and one driveway onto W. 41" St. approximately mid -block. Staff recommendation: Staff recommends in favor of the variance with no added conditions. The ordinance is intended to promote safety by reducing the number of driveways onto higher classification streets. All adjacent streets are designated as Urban Centers with S. Nelson Hackett as the highest traffic street. Per the applicant's letter, two entries are required to meet the fire code and that both entries could not be located on S. Block Ave. while still meeting separation Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 2 of 151 requirements. Given this, staff finds driveways on two separate streets to be necessary. Variance #3 §166.21(E)(1): Dumpster Location. Per the Downtown Design Overlay District regulations, dumpsters may only be located within the rear yard of a parcel. The dumpster is currently proposed along the southern property line adjacent to E. 4' St. Staff recommendation: Staff recommends in favor of the variance. The parcel is bounded on all sides by a public street, meaning that there are effectively no rear yards in which an exterior dumpster could be placed. However, staff finds that the intent of the ordinance is still being met. S. Nelson Hackett Blvd. and W. South St. are functioning as the principal facades, with an additional building located at the corner of E. 4t" St. and S. Block Ave. Staff finds that the proposed location is largely screened by adjacent buildings to the east and west and that impact is likely to be minimal. Staff recommends a condition that the dumpster screening enclosure shall be constructed of high -quality materials such as the proposed CMU with a brick fagade and with either vegetative screening or public art to minimize visual impact from the south. Variance #4 §172.04(C)(4): Parking Lot Location Standards. In urban zoning districts, a drive- thru lane, parking lot drive aisle, or parking spaces are not permitted to be located in the front yard directly between a building and the Master Street Plan right-of-way. The proposal includes a parking lot with access from S. Block Ave. and E. 4' St., with portions located between the building and ROW. Staff recommendation: Staff recommends in favor of the variance. As noted in the applicant's request letter, the parcel has frontage on four sides meaning that there are effectively no rear or side setbacks. The parking is not visible from either E. Nelson Hackett Blvd. or W. South St., the two principal facades. A large portion of the parking lot is also screened from both S. Block Ave. and E. 4th St. by the second residential building. Staff finds that the parking within the build -to -zone is meeting screening requirements of §172.04(C)(1) and that fully locating all parking behind a building fagade is not practical given the site's shape and topography changes. Right -of -Way to be Dedicated: The subject property currently has street frontage along S. Nelson Hackett Blvd., W. South St., S. Block Ave., and W. 4' St., all of which are designated as Urban Center Streets with typical right-of-way dedication of 30.5 feet from centerline. Per a right-of-way determination by the Zoning and Development Administrator, forty-six feet of dedication shall be required for S. Nelson Hackett Blvd. The remaining three streets were each determined to require 26.5 feet of right-of-way from the centerline. Street Improvements: All adjacent streets are Urban Center. The Zoning and Development Administrator completed a right-of-way determination on July 2, 2024, for several alternative design elements that may be administratively approved. These requirements are described below. S. Nelson Hackett Blvd: The applicant proposes for the existing turn lane and ten -foot drive to remain. A portion of the road is proposed to be widened to accommodate a ten - foot slip lane and eight -foot parallel parking lane with 0.5-foot curb. A four -foot furniture zone and eight -foot sidewalk are proposed following the curb. As the ten -foot slip lane is not an administratively approvable item, a variance to §166.11(A), Conformance to Plans and Regulations has been requested with this application. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 3 of 151 W. South St., S. Block Ave., and W. 41" St.: The remaining three streets are proposed to include a 10-foor drive lane, 8-foot parallel parking lane with bump -outs, 0.5-foot curb, and eight -foot sidewalk including three-foot deep urban tree wells. The typical furniture zone requirement was permitted to be administratively removed along these streets. Access Management/Connectivity: Staff has determined that the proposed development is compliant with the City's access management and connectivity standards with the exception of the above variance request. Memos have been provided from Solid Waste and the Fire Marshall's office indicating no concerns with access as designed. Further, the police have requested proposed parking on Nelson Hackett be well -lit for public safety but have otherwise indicated that they do not see substantial issues arising from the proposed development. Design Standards: Staff finds the proposed development is substantially in compliance with §166.21 Downtown Design Overlay District, §166.22 Parking Garages, §166.23 Urban Residential Design Standards, and 172.04 Parking Lot Design Standards except where variances are specifically requested above. Final plans will be reviewed with grading and building permits. Parking Design and Number of Spaces: Reductions in proposed parking counts as described in §172.05(A)(2) are by -right per ordinance and are not subject to discretionary approval. Based on proximity to multiple transit stops, the proposed development is within the area where a 15% reduction of the required number of spaces may be taken, which would reduce the total number of required vehicle spaces from 138 (one per bedroom) to 117. The applicant does not propose to utilize this full reduction. Rather, they propose to shift a total of 9 spaces from full vehicle spaces to motorcycle/ scooter spots, and an additional 12 from vehicle to bicycle racks. Accounting for motorcycle/scooter spaces and bicycle racks required in other sections of the code, a total of 137 total bicycle or vehicle spaces are proposed with the development. This total is only one space fewer than the number of bedrooms proposed As noted above, the proposal is within allowances permitted by right which are not subject to discretionary approval. However, staff further analyzed similar large multifamily apartments and their density and parking structures in order to provide a comparison given extensive public concern. Based on this analysis, staff finds that the proposal not only meets required parking minimums, but also exceeds the typical parking of other large apartment complexes. Development Bedroom Count Percent Parked (Vehicle, Motorcycle / per Acre Scooter, and Bike Racks Urban Lofts at Nelson Hackett 108 99% 86% auto Atmosphere Apartments 188 85% 60% auto Cardinal Apartments 174 88% 81 % auto Academy at Frisco Apartments 227 103% (93% auto) (When Considering Residential Only, Project also includes 8,000 sf of commercial Gather Dickson 256 103% 59% Auto spaces The applicant's request to reconsider the proposal also includes multiple steps the applicant intends to utilize to encourage car -free renting, including providing a discount on rent for those who do not require a parking spot, stating in the leases that tenants are expected to utilize on -site parking rather than the surrounding neighborhoods, and providing a designated drop-off zone on nelson Hackett for rideshare pick-up and drop-off. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 4 of 151 Water and Sewer System: The applicant is proposing to install a fire hydrant, fire lines, and water meters to provide domestic service and fire protection to the development, and to install a new sanitary sewer main in E 4th St to provide sanitary sewer service to the development. Parkland dedication or fee in -lieu: The Parks and Recreation Advisory Board (PRAB) reviewed this proposal at a meeting held on March 7, 2022. The Parks and Recreation Advisory Board recommended fee -in -lieu of parkland dedication. Final park fees shall be determined and paid prior to the issuance of any building permits. Based on current information, fees for 138 new multifamily residential units minus the previous 16 multifamily units previously located on site would result in a fee of $116,144. Tree Preservation: Canopy minimum requirement: 10.0% Existing Canopy: 48.0% Preserved canopy: 5.0% Mitigation required: 56 two-inch caliper trees While a large number of trees are proposed to be removed, staff finds that most of these would be heavily impacted by any street improvements which comply with the master street plan or required construction of any buildings within the build -to -zone. Tree preservation is proposed in the southwest corner of the property that will also serve as a communal outdoor space. 43 on - site mitigation trees and 10 off -site mitigation trees are proposed. Green facades and green roofs are also proposed on the site, which may take the place of an additional 3 mitigation trees. Public Comment: Staff has received substantial comments on this proposal, with the majority expressing opposition. Several members of the public have provided both multiple written and verbal comments. Six people spoke at Subdivision Committee and 18 spoke at the August 12 Planning Commission meeting. Including written comments received before and after the August 12 Planning Commission meeting, staff has received 53 written comments from 37 unique individuals. Comments opposed to the development generally cited include increased traffic danger and congestion, insufficient or dangerous parking, conflicts with the existing neighborhood character, a high number of children and walkers, inadequate existing infrastructure, opposition to small "efficiency" units, and incompatible density. Comments in support have cited the need for more affordable housing in the city, previous multifamily use of the property, a thoughtful approach and transition, good design, and high -quality materials. RECOMMENDATION: Staff recommends approval of LSD-2024-0011 with the following conditions: Conditions of Approval: Planning Commission determination of variance to §166.11(A), Conformance to Plans and Regulations. Staff recommends approval of the requested variance with the following conditions: a. Proposed parallel parking along Nelson Hackett shall be well -lit. b. Modified curb shall be installed between the travel and buffer lanes, and the buffer lane shall be constructed out of stamped colored concrete (similar to roundabout truck aprons) to create a visual and tactile change in material between the travel and parking lanes. The exact stamp pattern and colored concrete may be submitted to Engineering for approval with the grading permit. Should the Planning Commission choose to specify an exact stamp pattern and Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 5 of 151 concrete color, staff recommends it match what was installed at the Porter/Deane/Stephen Carr roundabout. Subdivision Committee recommended in favor. 2. Planning Commission determination of variance to §166.08(F): Access Management. Staff recommends approval of the requested variance with no added conditions. Subdivision Committee recommended in favor. 3. Planning Commission determination of variance §166.21(E)(1): Dumpster Location. Staff recommends approval of the requested variance with the following conditions: a. The dumpster screening enclosure shall be constructed of high -quality materials such as the proposed CMU with a brick fagade and with either vegetative screening or public art to minimize visual impact from the south. Subdivision Committee recommended in favor. 4. Planning Commission determination of variance to §172.04(C)(4): Parking Lot Location Standards. Staff recommends approval of the requested variance with no added conditions: Subdivision Committee recommended in favor. 5. Planning Commission determination of right-of-way dedication. Staff recommends right-of-way dedication in the following amounts.: a. Forty-six feet (46') of right-of-way dedication for N. Nelson Hackett Blvd from street centerline. b. Twenty-six and a half feet (265) of right-of-way dedication for E. South St. from street centerline. c. Twenty-six and a half feet (26.5') of right-of-way dedication for S. Block Ave. from street centerline. d. Twenty-six and a half feet (265) of right-of-way dedication for W. 4t" St. from street centerline. Subdivision Committee recommended in favor. 6. Planning Commission determination of street improvements. Staff recommends street improvements as described below: a. S. Nelson Hackett Blvd: 5.5-foot left turn lane (half), 10-foot drive lane, 10-foot alternative slip lane, 8-foot parallel parking lane, 0.5-foot curb, 4-foot furniture zone, and 8-foot sidewalk b. W. South St., S. Block Ave., and W. 4t" St.: 10-foot drive lane, 8-foot parallel parking lane, 0.5-foot curb, 0-foot furniture zone, and 8-foot sidewalk Subdivision Committee recommended in favor. 7. Parks fees shall be determined and paid prior to building permit issuance. Based on current information, fees for 138 new multifamily residential units would be required in the amount of $139,944. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 6 of 151 8. Remaining comments from Planning shall be addressed, including: a. Extend screening wall around parking's east side within 4th St. build -to -zone. 9. Conditions of approval from Engineering, Fire, and Urban Forestry are included in the official conditions of approval, attached hereto; a. Address remaining plan comments b. Provide domestic flow demands and fire flow calculations to ensure water meters and fire lines are sized appropriately. c. Retaining walls over 4 feet in height shall be designed by a professional engineer licensed in Arkansas. Safety railings are required for the retaining wall proposed along S. Nelson Hackett Blvd. Limits of wall construction must be shown on plans. Geogrid cannot be in right-of-way. d. Existing curb inlets to be converted to grate inlets must perform how existing curb inlets function- spread, depth, capture, etc. Include calculations in drainage report. Standard Conditions of Approval: 10. Impact fees for fire, police, water, and sewer shall be paid in accordance with city ordinance; 11. Technical Plat Review and Subdivision Committee comments (to include written staff comments provided to the applicant or their representative, and all comments from utility representatives: Black Hills Energy, AT&T, Ozarks Electric, SWEPCO, and Cox Communications); 12. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with the City's current requirements; 13. Large scale development approval shall be valid for one year; 14. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy; and 15. Prior to the issuance of a building permit, the following is required: a. Grading and drainage permits; b. Separate easement plat for this project that shall include any tree preservation areas and all utility and access easements; c. Exterior lighting package must be provided to the Planning Division; d. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance; e. Project Disk with all final revisions; and f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 7 of 151 improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. PLANNING COMMISSION ACTION: O Approved O Tabled O Denied Meeting Date: September 23, 2024 Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: Staff Memos o Legal Memo o Engineering Memo o Urban Forestry Memo o Parks Memo o Parking District Process o Solid Waste Comments o Fire Marshal Comments o Police Comments o Curb Widening Exhibit Applicant Exhibits o Reconsideration Request Letter o Variance Request Letter o Traffic Study o Renderings o Architectural Elevations o Site Plans • Public Comments • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 8 of 151 lil OFFICE OF THE CITY ATTORNEY TO DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney Planning Commission Blake Pennin ton 0 Senior Assistant City Attorney FROM: Blake Pennington, Senior Assistant City Atto Hannah Hungate Assistant City Attorney DATE: September 19, 2024 Stacy Barnes Paralegal RE: Approval/Denial of LSDs/PPLs and Variances I sent a memo in July (attached) about the approval/denial criteria for large scale developments and preliminary plats. It did not get into how variances might play a role in the consideration of a development so I wanted to provide that context. Variances must be considered based on the standards set forth in § 156.03, which governs development, parking and loading variances: If the provisions of Development, Chapter 166, or Parking and Loading, Chapter 172 are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the City Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development or parking and loading regulations. At next Monday's meeting you are reconsidering the Urban Lofts at Nelson Hackett project. The applicant now requests four variances instead of six: 1. Variance # 1 — Slip Lane: With this variance, the Planning Commission is not considering the parallel parking proposed for the project. You are considering only the slip lane between the driving lane and the parking spaces. If you do not grant the variance, the project would still be authorized by the UDC to construct parallel parking but it would be immediately adjacent to the driving lane. Whether the slip lane variance Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 9 of 151 is approved or not, the parking itself should be considered within the standard for approval/denial of a large scale development. 2. Variance #2 — Access Management: With respect to the access management variance, our office has consistently opined that a property owner has a constitutional right to access any street abutting its property. Here the applicant is requesting a second point of access to a public street which should be granted. 3. Variance #3 — Dumpster Location: I think any developer of this property could establish a hardship since there is no "rear yard" in which to place a dumpster; however, the Planning Commission certainly has the authority to approve conditions that ensure the intent of the requirement is met, including placement and screening. 4. Variance #4 — Parking Lot Location Standards: The project proposes to extend the parking lot into the build -to -zone because the applicant wishes to provide more parking for residents. The Planning Commission could potentially consider this a self-imposed hardship; however, if this variance is not granted, I understand the applicant could revise its parking plan by simply removing those spaces from the plan. This would remove the build -to -zone encroachment and nullify the need for a variance but could also lead to more off -site parking. Just because a project requires variances doesn't mean it should be denied. The UDC provides for variances because it recognizes that certain project sites may present challenges others do not. As stated above, those challenges can include, but are not limited to, financial, environmental, or regulatory hardships. However, even if some variances are denied, it does not mean the entire project can be denied. Cnnv..lncinn If the Planning Commission intends to deny a variance, you should clearly state why it did not meet the standards set forth in Chapter 156. If the Planning Commission intends to deny a preliminary plat or large scale development, you should clearly state which of the six reasons set forth in § 166.02(C)(2)(a) led to the denial. As stated in the July memo, "if a proposed Large Scale Development or Preliminary Plat meets the minimum standards of the Unified Development Code, it must be approved even if every Commissioner believes it is a terrible development unanimously opposed by the neighbors." 2 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 10 of 151 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Planning Commissioners FROM: Blake Pennington, Senior Assistant City DATE: July 8, 2024 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney H nah Hungate Attor Assistant City Attorney Stacy Barnes Paralegal RE: Approval/Rejection of Large Scale Developments/Preliminary Plats The Planning Commission can be faced with strong neighborhood opposition to a Large Scale Development (LSD) or Preliminary Plat with compelling arguments that the proposal is incompatible with the existing neighborhood, too dense, likely to devalue adjoining homes, etc. These types of arguments may not be considered when determining whether to approve or reject a Preliminary Plat or LSD. The Planning Commission must follow the dictates of the Unified Development Code (enacted by the City Council). The Arkansas Supreme Court has clearly held: "When a subdivision ordinance specifies minimum standards to which a preliminary plat must conform, it is arbitrary as a matter of law to deny approval of a plat that meets those standards." Richardson v. City of Little Rock Planning Commission, 295 Ark. 189, 747 S.W. 2d 116, 117 (1988). The City Council has enacted those minimum standards in the Unified Development Code. When it comes to denial of a large scale development or preliminary plat, you may only consider the six factors set forth in 166.02(C)(2)(a): (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 11 of 151 (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. Any objection or reason to deny a Large Scale Development or Preliminary Plat must be included within those six stated reasons to be valid. If a proposed Large Scale Development or Preliminary Plat meets the minimum standards of the Unified Development Code, it must be approved even if every Commissioner believes it is a terrible development unanimously opposed by the neighbors. Although the City Council has clear authority to amend the UDC and change the factors that could be considered beyond the six currently enacted by the City Council, until such an amendment occurs you must obey the current Code of Ordinances. "A city simply cannot pass procedural ordinances they expect to be followed by their residents and then conveniently ignore them themselves. A legislative body must substantially comply with its own procedural policies." Potocki v. City of Fort Smith, 279 Ark. 19, 648 S.W. 2d 462, (1983). (emphasis added) 2 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 12 of 151 CITY OF FAYETTEVILLE ARKANSAS TO: Donna Wonsower, Planner FROM: Melissa Boyd, Staff Engineer DATE: September 17, 2024 SUBJECT: Planning Commission Engineering Comments for LSD-2024-0011 Urban Lofts at Nelson Hackett STAFF MEMO Water: The applicant is proposing to install a fire hydrant, fire lines, and water meters to provide domestic service and fire protection to the development. Sewer: The applicant is proposing to install a new sanitary sewer main in W 4th St to provide sanitary sewer service to the development. Streets: The applicant is proposing to widen S Nelson Hackett Blvd, W South St, S Block Ave, and W 4th St along the project's frontage to provide on -street parking. The applicant has also requested two City Engineer determinations. The first request is to install a portion of a retaining wall within right- of-way at the south end of the sidewalk improvements along S Nelson Hackett Blvd. The second request is for on -street parking spaces to encroach within sight triangles on W South St, S Block Ave, and W 4th St. Both requests as shown on the exhibits included with the request dated July 3, 2024, have been approved by the City Engineer. On -street parallel parking along S Nelson Hackett Blvd will include a buffer lane between the travel and parking lanes to allow vehicles to safely exit and re-enter traffic. Staff recommends a condition be added that a modified curb be installed between the travel and buffer lanes, and for the buffer lane to be constructed out of stamped colored concrete, similar to roundabout truck aprons, to create a visual and tactile change in material between the travel and parking lanes. The exact stamp pattern and concrete color may be submitted to Engineering for approval with the grading permit. Should the Planning Commission choose to specify an exact stamp pattern and concrete color, staff recommends it match what was installed at the Porter/Deane/Stephen Carr roundabout. Drainage: This development is required to meet the 4 Minimum Standards for water quality, channel protection, overbankflood protection, and extreme flood protection of the Drainage Criteria Manual. The drainage report is still being reviewed for compliance with these requirements. Plan Comments: 1. Provide domestic flow demands and fire flow calculations to ensure water meters and fire lines are sized appropriately. 2. Retaining walls over 4 feet in height shall be designed by a professional engineer licensed in Arkansas. Safety railings are required for the retaining wall proposed along S. Nelson Hackett Blvd. Limits of wall construction must be shown on plans. Geogrid cannot be in right-of-way. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 13 of 151 3. Existing curb inlets to be converted to grate inlets must perform how existing curb inlets function- spread, depth, capture, etc. Include calculations in drainage report. 4. Address comments on plans and drainage report. Standard Comments: 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. Any damage to the existing public street due to construction shall be repaired/replaced at the owner/developers expense 3. All public sidewalks, curb ramps, curb & gutter, and driveway aprons along this project frontage must meet ADA guidelines and be free of damage. Any existing infrastructure that does not conform to ADA guidelines or is otherwise damaged must be removed and replaced to correct the issue. Coordinate with the engineering department for inspection of existing facilities to determine compliance. 4. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based on the proposed meter size and will be charged at the time of meter set. 5. Note, the following portions of all projects will typically not be reviewed by the Engineering Division until time of construction -level review (unless specifically requested at plat review): o Storm Sewer pipe/inlet sizing, gutter spread, profiles, or utility conflicts o Sanitary Sewer pipe sizing, profiles, or utility conflicts o Waterline fittings, callouts, or utility conflicts o Street profiles o Fine grading/spot elevations Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 14 of 151 I� CITY OF FAYETTEVILLE ARKANSAS URBAN FORESTRY LANDSCAPE PLAN COMMENTS To: Allen Young, Development Consultants, Inc. From: Melissa Evans, Urban Forester Donna Wonsower, Planner CC: Donna Wonsower, Planner Meeting Date: September 23, 2024 Subject: LSD-2024-0011: S. Nelson Hackett & W. 4th St. (Urban Lofts at Nelson Hackett) 523 1. General Landscape Plan Checklist Yes No N/A a. Irrigation (notes either automatic or hose bib 100' o.c.) X UDC Chapter 177.03C7g, 177.04B3a b. Species of plant material identified X UDC Chapter 177.03C7d,e c. Size of plant material (minimum size 2" caliper for trees and 3 gal. shrubs) X UDC Chapter 177.03C7b,c d. Soil amendments notes include that soil is amended and sod removed X UDC Chapter 177.03C6b e. Mulch notes indicate organic mulching around trees and within landscape beds X UDC Chapter 177.03C6c,d f. LSD, LSIP, and Subdivisions (PPL & FPL) plans stamped by a licensed X Landscape Architect, others by Landscape Designer UDC Chapter 177.03B g. Planting bed contained by edging X UDC Chapter 177.03C6f h. Planting details according to Fayetteville's Landscape Manual X UDC Chapter 177.03C6g i. Provide information about 3-Year Maintenance plan. The owner shall deposit X with the City of Fayetteville a surety for approved landscape estimate. UDC Chapter 177.05 A2g 2. Parking Lot Requirements 1 Tree : 12 Parking Spaces Yes No N/A a. Side and Rear Property Lines (5' Wide Landscape Area) X UDC Chapter 177D1 b. Wheel Stops/Curbs Yes UDC Chapter 177.04B1 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 15 of 151 c. Narrow Tree Lawn (8' min. width, 37.5' length) X UDC Chapter 177.04C d. Tree Island (8' min. width, 18.7' min length, 150 square feet) X UDC Chapter 177.04C e. Placement of Trees (either side at entrances and exits) X UDC Chapter 177.04C2 3. Perimeter Landscaping Requirements Yes No N/A a. Front Property Line (15' wide landscape) and 5' on sides and rear. X UDC Chapter 177.04D2a b. Shade trees planted on south and west sides of parking lots X UDC Chapter 177.04D2e c. Screening of parking lot from adjacent residential properties. X 4. Street Tree Planting Requirements Yes No N/A a. Residential Subdivisions X 1 Large Shade Species Tree per Lot UDC Chapter 177.05B1a b. Non -Residential Subdivisions X 1 Large Species Shade Tree every 30' (planted in greenspace) UDC Chapter 177.05B2a c. Urban Tree Well — Urban Streetscapes X Trees every 30' (8' sidewalk) UDC Chapter 177.05B3a-f d. Structural Soil — Urban Tree Wells X Include a note and/or detail of structural soil on Landscape Plan UDC Chapter 177.05B3a-f e. Residential Subdivisions X Timing of planting indicated on plans UDC Chapter 177.05A4 f. Residential Subdivisions X Written description for method of tracking planting UDC Chapter 177.05A4e 2 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 16 of 151 5. Landscape Requirement Totals Mitigation Trees Parking Lot Trees Street Trees. Detention Pond — Large Trees (1 Tree/3,000 square feet) Detention Pond — Small Tree/Large Shrub (4 small trees or large shrubs/3,000 square feet) Detention Pond — Small Shrubs/Large Grasses (6 shrubs or grasses (1 gallon)/3,000 square feet) 6. Review Status (See Comments) Conditionally Approved Approved Tabled Denied -Aim" Amount IL -A 56 required, 43 On -site 10 Off -site 3 Green Fagade 10 Required, 10 provided 35 required, 35 provided 0 0 0 Tech Plat Subdivision Planning Committee Commission 7/17/24 8/01 /24 8/12/2024 9/23/2024 5/15/24 6/13/24 Appeal Process: A final administrative determination by the Urban Forester may be appealed in accordance with Chapter 155 of the Unified Development Code. Comments 1. Urban Forestry recommends the project be approved by Planning Commission. Address items above marked "No" and all Redlines provided. 2. Off -site mitigation plan was not included with the resubmittal. Please add back in to packet. 3 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 17 of 151 (Ak 1' CITY OF RAYETTEVILLE ARKANSAS URBAN FORESTRY TREE PRESERVATION COMMENTS To: Allen Young, Development Consultants, Inc. From: Melissa Evans, Urban Forester Donna Wonsower, Planner CC: Donna Wonsower, Planner Meeting Date: September 23, 2024 Subject: LSD-2024-0011: S. Nelson Hackett & W. 4th St. (Urban Lofts at Nelson Hackett) 523 1. Submittal Requirement Yes No Initial Review with the Urban Forester Site Analysis Map Submitted (if justification is needed) X Site Analysis Written Report Submitted (justification is needed) X Complete Tree Preservation Plan Submitted X Tree Mitigation Table on Plans X Tree Preservation Wavier Submitted (only use if no trees onsite or near P/L) 2. Tree Preservation Calculations N/A X Tree Preservation Calculations Square Feet Square Feet Percent of site Total Site Area *Minus Right of Way and Easements 55,186 100% Zoning Designation * Select Below with drop down arrow Downtown General 5,519 10% HHOD * Select Below with Drop Down Arrow No 0 0% Total Canopy for Minimum Preservation Requirements 5,519 10.0% Existing Tree Canopy * Minus Right of Way and Easements 26,500 48.0% Tree Canopy Preserved 2,752 5.0% Tree Canopy Removed *On Site 23,748 43.0% Tree Canopy Removed *Off Site 9,508 Tree Canopy Removed Total 33,256 60.3% Removed Below Minimum 2,767 Mitigation Requirements 12,275 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 18 of 151 3. Mitigation Requirements High Priority Low Priority Total Mitigation Trees Required 4. Mitigation Type On -Site Mitigation Off -Site Mitigation Tree Escrow (See Conditions of Approval) 5. Tree Preservation Plan Checklist UDC Chapter 167.04H1and 167.04L1 a. 5 year Aerial Check on Existing Trees b. Property Boundary c. Natural Features (100ft beyond limits of disturbance) d. Existing Topography and Proposed Grading e. Soil Types f. Significant Trees g. Groupings of Trees h. Table Inventory List (species, size, health, priority) i. All Existing and Proposed Utilities j. All Existing and Proposed Utility Easements and ROW's k. All Streams (with approximate center line) I. Floodplains and floodways m. Existing Street, Sidewalk or Bike Path ROW n. Submitted Site Analysis Plan (if required) o. Shows ALL Proposed Site Improvements p. Delineates trees/canopy to be preserved and removed q. Tree Preservation Easement/s shown for LSD, LSIP and Commercial PPL projects Tree Protection Methods a. Tree Protection Fencing b. Limits of Root Pruning c. Traffic flow on work site d. Location of material storage e. Location of concrete wash out f. Location of construction entrance/exit Canopy below Number of 2" caliper requirement trees to be planted 12,275 56 12,275 56 Yes No N/A X X X Tech Subdivision Planning Plat Committee Commission Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 19 of 151 6. Site Analysis Report (if required) UDC Chapter 167.O4H4 a. Provide graphic examples of multiple options used to minimize removal of existing canopy b. Submitted Analysis Statement — Note the process, iterations, and approaches to preserve canopy. 7. Review Status (See Comments) Conditionally Approved Approved Tabled Yes No X X Tech Plat Subdivision Committee 7/16/24 8/01/24 5/15/24 N/A Planning Commission 8/12/24 9/23/24 Denied Appeal Process: A final administrative determination by the Urban Forester may be appealed in accordance with Chapter 155 of the Unified Development Code. �mmenIL 1. Address items above marked "No" and all Redlines provided. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 20 of 151 CITY OF _ FAYETTEVILLE ARKANSAS TO: Planning Division FROM: Zach Foster, Parks Planning DATE: September 9, 2024 SUBJECT: Parks & Recreation Technical Plat Review Comments PRAB Meeting Date: March 7, 2022 Project Title: Urban Lofts at Nelson Hackett Project Number: LSD-2024-0011 Project Location: NW of S Block Ave and W 4t" St Plat Page: 523 Park Quadrant: SE Billing Name & Address: Osment Investments LLC, 204 SE 61" St, STE 102 Bentonville, AR 72712 ❑ Land Dedication ® Fee -in -Lieu ❑ Combination FEE -IN -LIEU Single Family: units x $1,089 per unit = $ 0 Multi Family: 122 units x $952 per unit = $116,144 .qI INARAARY. TOTAL Fees $116,144 ■ Project proposes 0 SF units and 138 MF units. ■ The project will be charged for 122 MF units since there were 16 MF units previously on site. ■ The final amount of fee -in -lieu and/or land dedication needed to satisfy Parkland Dedication requirements will be determined after Planning Commission's approval of this project. ■ Current fee -in -lieu and/or land dedication rates will be applied regardless of when project was approved by PRAB. ■ Prior to final receipt by the city, all fees must be paid and any deeds for parkland dedication property must be: o Approved by the City's Land Agent in the Engineering Division. o Recorded at the Washington County Courthouse. ■ Each additional housing unit that is constructed in Fayetteville places an increased demand on the Parks and Recreation system. The money collected as part of this project will be used to fund future park acquisitions and improvements for this park quadrant. Mailing Address: 113 W. Mountain Street PlanniN#/evA7VgtA@'ille-ar.gov Fayetteville, AR 72701 September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 21 of 151 Wonsower, Donna From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Hi Jessie, Clay, Justin Friday, August 9, 2024 8:13 AM Masters, Jessica Wonsower, Donna; Curth, Jonathan; Brown, Chris Re: Planning Commission - Monday, August 12 - Establishing Neighborhood Parking District Follow up Flagged Thanks for passing this along. There's no process per se. City Council approval is required to establish or alter any paid parking boundaries and the area in question would require a new district to be established, the regulations of which would ultimately be determined/approved by City Council. The only neighborhood district that has been established (Wilson Park area) was a result of a Council Member bringing it forward followed by several months of meetings with neighbors and Council members to fine-tune the details. There is no turn -key approach. We (or someone) based on input from the neighbors would have to determine: 1. who is eligible to receive parking permits and how many per residence; 2. what is the cost for residential permits; 3. what will the parking rates be for non -permit holders; 4. are residents of the new development eligible for permits, and if not, why not; and 5. what additional staff resources are necessary to administer and enforce the program If we do go down this road my recommendation would be to make any of the regulated parking "mixed -use" meaning anyone can park there with either a residential permit or by paying a parking rate. Experience has shown that making certain on -street spaces exclusive for residential permit -holders only has resulted in low utilization. Lastly, is there a tool to require a parking impact study for this type of development? If it is perceived that the development is going to create a parking problem are there other tools or variance denials that can be used to mitigate? Sorry, I know that's a bit of rambling, but those are my initial thoughts — I'm not sure if any of it's helpful but please let me know what additional info or clarification I can provide. Thanks, Justin Clay Parking Manager Parking Management Division City of Fayetteville, Arkansas iclav@favetteville-ar.gov T 479.575.8277 Website I Facebook I Twitter I Instagram I YouTube Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 22 of 151 Wonsower, Donna From: Bekemeier, Brandon Sent: Friday, September 6, 2024 4:08 PM To: Wonsower, Donna; Cook, Andrew Subject: Re: LSD-2024-0011 Solid Waste Access Drew and I sat down and reviewed these plans a week or two ago. We currently serviced the area with the same style truck that will be used forth is development and don't see any concerns on our part. We do not feel there will be any issues with access for solid waste. Get Outlook for iOS From: Wonsower, Donna <dwonsower@fayetteville-ar.gov> Sent: Friday, September 6, 2024 4:03:34 PM To: Bekemeier, Brandon <bbekemeier@fayetteville-ar.gov>; Cook, Andrew <acook@fayetteville-ar.gov> Subject: LSD-2024-0011 Solid Waste Access Good Afternoon, There was a great deal of concern at the previous Planning Commission meeting regarding LSD-2024-0011 on Nelson Hackett, specifically in regards to potential impacts to fire, police, and solid waste services and whether these services will still be able to access the property and surrounding neighborhood with the proposed on -street parking. I know you have been working with the applicant extensively, and wanted to confirm if Solid Waste has any concerns about getting around this area from the proposal. Best Regards, Donna Wonsower, AICP Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube 1 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 23 of 151 CITY OF Teevle ARKANSAS 09/10/2024 From: Captain Jason Hood To: Donna Wonsower Title: Urban Lofts Project: LSD-2024-0011 Subject: Fire Apparatus Access Roads Donna, The Fire Marshal's Office has reviewed the Large -Scale Development (LSD) plans for the Urban Lofts. The site is located at the corner of Nelson Hackett BLVD and West South Street. After our review we have found the project meets and exceeds the minimum requirements for Fire Apparatus Access Roads set forth by the Arkansas Fire Prevention Code (AFPC) 2021 edition. Regards, Captain Jason Hood Fayetteville Fire Marshal's Office FAYETTEVILLE FIRE MARSHAL'S OFFICE 833 N. Crossover Road PlanniNi Cb dr Wiiegt(!i�Ville-ar.gov Fayetteville, AR 72701-2701 September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 24 of 151 Wonsower, Donna From: Dawson, Greg Sent: Monday, September 16, 2024 3:51 PM To: Wonsower, Donna Subject: RE: LSD-2024-0011 Access Concerns Donna, Thank you, and yes this is accurate. The 10 feet of slip lane eases our worries of vehicles traveling into the parking area. Having additional lighting will also be beneficial. Greg From: Wonsower, Donna <donsower@fayetteville-ar.gov> Sent: Monday, September 16, 2024 9:39 AM To: Dawson, Greg <gdawson@fayetteville-ar.gov> Subject: RE: LSD-2024-0011 Access Concerns Good Morning, I am working up the Planning Commission report for this project over the next few days and wanted to confirm that I am representing police comments accurately. Coul you pleas confirm the below: • No issues with access to the apartments themselves • Only major concern for the proposed development is the proposed on -street parking along W. Nelson Hackett Blvd., though this concern was lessened after determining that the proposed slip lane is 10 feet in width. Police recommend that this area is well -lit to ensure that anyone utilizing this area is fully visible. Let me know if I've misstated anything. Thank you! Best Regards, Donna Wonsower, AICP Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube nail, AICP CERTIFIED iF F=E--e The Fayetteville Planning department is currently short-staffed. Please allow a minimum of 3-5 days for staff review and response to emails. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 25 of 151 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 26 of 151 August 22, 2024 Mr. Chairman, We respectfully request that the Planning Commission reconsider our application for a Large Scale Development. We listened carefully to comments from commissioners and members of the public at the previous meeting, and are keen to present a few significant changes to the application in light of what we heard: A unit reduction of nearly 20%, from 163 total to 138 total. It's important to point out that we are proposing more affordable 1-bed units. If we were instead proposing more expensive 2-bed units, the total units would be 69, or if we had chosen to follow the student housing model that is common in Fayetteville with 4-bed units, we would only have 35 units. Not only are our units more affordable, they're also more flexible, being appropriate for a wide variety of renters including young professionals, divorcees, retirees, and seasonal occupants (such as healthcare providers). In fact, we have seen that these customer segments are common in similar developments completed by this team, including in other college towns. A commitment to reserve up to 15 percent of the units for individuals making no more than a designated amount of AMI. This commitment, which is unprecedented in terms of market -rate developments in this area as far as we're aware, is possible because providing housing for this segment of the population has been a goal of ours from day one. We feel strongly enough about this to put it in writing and invite you to make it a condition of approval. We are still working through these details and look forward to the opportunity to present these to the commission. A commitment to fully managed parking that encourages car -free renters. A careful survey of our existing properties has revealed that on -site parking utilization hovers around 65% in our walkable developments, with many of our renters choosing other modes of transportation. Even though our project fully meets the city's requirements for parking, we will further encourage use of alternative transportation by: 1. Providing a discount on monthly rent for renters who do not require a parking spot. 2. Clearly stating in our lease agreements that renters should not plan to use on -street parking in the area as an alternative to our on -site accommodations. 3. Providing a designated drop-off zone for ride sharing to be located on Nelson Hackett (away from neighborhood streets). While none of these compromises are required by code, we are eager to offer them as a show of good faith in support of our earnest hope to be good neighbors. We have also made every effort to reduce or 215 Union St, STF, 400 Jonesboro. AR 72401 870.240.8008 -., https://www.theurbanloftco.com/ Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 27 of 151 eliminate variances from this project; what we are left with is a short list of items where conflicting codes and / or site constraints have created hardships that are unavoidable. We thank City Staff for their favorable recornmendations with regard to these variances and the project as a whole. We also did not note any specific objections to these variances from Planning Commissioners. For years, City leadership has pointed out that creating infill housing in downtown and along 71B is critical to meeting Fayetteville's housing needs now and in the future. Indeed, this property has been zoned for this kind of development for well over a decade. Commission's consideration of this development comes amid a push by the city to rezone much of 71B for similar development patterns — an effort that is supported by a great deal of citizen input. We ask you to please consider re -hearing this project, which we believe will be a catalyst for the revitalization of the 71B corridor and instrumental in bringing more workforce housing units to Fayetteville. Should the commission agree to re -hear the application, we would like to further request that the item be tabled to the next meeting to allow us sufficient time to notify members of the public. Sincerely. ArtdrelN Berner Managing Partner 215 Union St, ST E 400 Jonesboro, AR 72401 870.240.8008 https://www.theurbanloftco,coml Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 28 of 151 ■ moci DEVELOPMENT CONSULTANTS INCORPORATED 16 September 2024 City of Fayetteville Planning Commission 125 W. Mountain Street Fayetteville, AR 72701 479.575.8267 LSD Number: 2024-0011 DCI Job Number: 2023-196 Project Name: Urban Lofts at Nelson Hackett Owner: The Dallas Collection, LLC 215 Union St. STE 400 Jonesboro, AR 72401 Project Narrative: The Urban Lofts at Nelson Hacket Multi -Family development is located at 309 S Block Ave, Parcel 765-07087-000, and consists of approximately 1.25 acres. This parcel fronts four streets, Nelson Hackett for approximately 376', W. South Street for approximately 113', S Block Ave for approximately 300', and E 4th Street for approximately 321'. The project is a multifamily development consisting of 138 micro -loft units contained in two buildings: a four-story structure with basement level parking and a three-story structure. Variance Request: On behalf of the owner, DCI is requesting variances to the following sections of the Unified Development Code. 1. Variance to UDC Section 166.08.F. Code requires properties fronted by more than one public street to place access off the lowest functional classification or volume of traffic. Fire Code requires buildings in excess of 3 stories or 30' to have two separate approved entries. As this site is fronted by streets on all four sides with Downtown General classification, the lowest volume streets were chosen for the fire access. Additionally, the Access Management Standards (UDC 166.08.F) require curb cut separations of 100' for Neighborhood Links (the closest street section to Downtown General) from all intersections and other curb cuts. It is not possible to achieve two curb cuts on S. Block Street that would both be 100' from an intersection and one another as S. Block Street has a total distance of 327 linear feet fronting this property. Similarly, E. 4th Street is only 320 linear feet in frontage, which would not allow for two entries that meet the above criteria. Therefore, the site requires the two fire apparatus entries to be located on separate streets. 2. Variance to UDC Section 166.11, Conformance to Plans and Regulations, for Van Buren Ave. Code requires the development to conform to the official plans and regulations that make up the Comprehensive Land Use Plan including the Master Street Plan. The Master Street Plan requires Nelson Hackett BLVD to provide an 8' parallel parking lane adjacent to the traveled way. DCI is Engineering 0 Planning 0 Land Surveying 0 Landscape Architecture 2200 North Rodney Parham, Suite 220 • Little Rock, Arkansas 72212 • Tel 501-221-7880 • Fax 501-221-7882 1 East Center Street, Suite 290 • Fayetteville, Arkansas 72701 • Tel 479-444-7880 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 29 of 151 requesting a variance to the Master Street Plan on the owner's behalf to allow the construction of a slip lane, providing additional room for northbound traffic on Nelson Hackett to decelerate and safely maneuver into the parallel parking spaces. Requiring strict adherence to the Master Street Plan would require users to access their vehicles immediately adjacent to the traveled way of Nelson Hackett, which had an average daily traffic of 1,000 vehicles per day in 2023 (latest data). 3. Variance to UDC Section 166.21.E.1. Code requires trash dumpsters to be in the rear yard of a development that is located within the Downtown Design Overlay District. As this site is fronted by streets on all four sides, no "rear" yard exists. The dumpster location has been placed such that it is on the "rear" side of the primary building, hidden from view of Nelson Hackett and W South Street, which are considered the primary streets for this development. 4. Variance to UDC Section 172.04.C.4. Code requires all parking lots in urban zones to be located behind or on the side of a building. DCI is requesting a variance for portions of the parking lot adjacent to Block Ave. With this property being surrounded by streets and designed to be an intense, dense urban project, all usable space not being utilized for buildings or required green space is being utilized for parking. Portions of the parking lot are located behind the "front" of the building fronting Nelson, but are visible from Block Ave. Requiring all parking to be behind a building would require more building space or the removal of parking below allowable limits. Thank you for your consideration and we look forward to working with the City moving forward. Sincerely, (/- I & . Chase Henrichs, P.E. ChaseH(a)_DCIUS.PRO 479.444.7880 Development Consultants Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 30 of 151 MEMORANDUM August 23, 2024 TO: Development Consultants Inc. FROM: Nathan Becknell, P.E., PTOE, PTP SUBJECT: Nelson Hackett Multi -Family Traffic Impact Review LOCATION: Nelson Hackett Boulevard - 4th Street to South Street Fayetteville, Arkansas INTRODUCTION 'SSA aF• ARKANSAS` REGISTERED PROFE.SSIONAI. t4 ENGINEER :7 N..13621 Traffic Engineering Consultants, Inc. (TEC) was retained by Development Consultants Inc. (DCI) to conduct a traffic impact review on the proposed Nelson Hackett Multi -Family development. The proposed development is located east of Nelson Hackett Boulevard from 4th Street to South Street in Fayetteville, Arkansas as shown in Figure 1 in the attachments. The proposed multi -family development would include two mid -rise buildings with 138 dwelling units as shown in Figure 2 in the attachments. Access to the development is proposed via drives at both 4th Street and Block Avenue. Additional access is proposed via on -street parking on the east curb line of Nelson Hackett Boulevard, the south curb line of South Street, the west curb line of Block Avenue, and the north curb line of 41h Street. Nelson Hackett Boulevard is a three -lane, with side -path, generally north/south "downtown/urban street" with a posted speed limit of 35 mph and has an approximate average daily traffic (ADT) of 19,000 vehicles per day (vpd). 4th Street, South Street, and Block Avenue are two-lane "downtown/urban streets" with an unposted speed limit of 20 mph. Historical ADT data and master street plan section information is included in the attachments. SITE GENERATED TRAFFIC To determine the effects a new development will have on an existing street system, the new or additional traffic must be projected. The latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers, was used to determine the amount of traffic the development is expected to generate. The report is a nationally accepted reference which provides trip rates for determining the traffic expected to be generated by different land use types. LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 31 of 151 Traffic Engineering Consultants, Inc. August 23, 2024 Available information was utilized regarding the anticipated land use to determine the site generated traffic. The Multifamily Housing (Mid -Rise) with 4-10 floors land use category was selected as the most applicable to determine the trip generation of the proposed development. The resulting traffic volumes projected to be generated by the proposed development once completed are indicated in Table 1. TABLE 1 Projected Site Generated Trips -Trip Rates from "TRIP GENERATION MANUAL", 11th Ed., Institute of Transportation Engineers. The proposed development would be expected to generate 612 vehicle trips per day with 49 trips occurring during the a.m. peak hour and 54 trips occurring during the p.m. peak hour. The City of Fayetteville minimum street standards are silent for study threshold requirements for the downtown/urban street section. Typically, a full traffic impact analysis is recommended for any development along a residential link which generates 100 or more vehicle trips during a peak hour or a regional link which generates 200 or more vehicle trips during a peak hour. It is assumed 41" Street, South Street, and Block Avenue behave similar to residential links and Nelson Hackett Boulevard behaves similar to a regional link for study requirement purposes. The proposed development would be expected to generate less than the minimum recommendation for all neighboring streets, therefore, a full traffic impact analysis was not conducted. PARKING The proposed site plan includes a combination of on -site parking and on -street parking to satisfy the minimum vehicle parking demands of the development. The City of Fayetteville master street plan classifies Nelson Hackett Boulevard as a "downtown/urban street," which is a section allowing for more access and non -vehicular considerations. The roadway has recently transitioned from a more vehicular service section to partially implement the latest city master street plan section. Recent modifications include reallocation of lanes from four primary vehicle lanes to three with the addition of exclusive bicycle facilities. The "downtown/urban street" section desires on -street parking along Nelson Hackett Boulevard that does not currently exist. The following information is a summary of considerations for safety and function with on -street parking at the south/east curb line of Nelson Hackett Boulevard along the site. Traffic Engineering Consultants, Inc. Dickson Street, Suite 106 1 Fayetteville, Arkansas 727011 Ph. 479-335-5636 Norman, OK I Tulsa, OK I Fayetteville, AR I Little Rock, AR I Springfield, MO www.tecusa.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 32 of 151 Traffic Engineering Consultants, Inc. Literature Summary August 23, 2024 NACTO Urban Street Design Guide Design Controls — Design Speed — "On -street parking narrows the street and slows traffic by creating friction for moving vehicles." AASHTO Policy on Geometric Design of Highways and Streets (Green Book) 2.5.1 — "The principal advantages of controlling access are the preservation of improvement of service and the reduction of crash frequency and severity." 2.5.5 and Figures 2-7/2-8 - The inclusion of a two-way left -turn lane compared with an undivided section has a reduced crash rate for all rates of access management. 3.2.1— "The designer should provide sight distance of sufficient length that drivers can control the operation of their vehicles to avoid striking an unexpected object in the traveled way." 4.20— "On -street parking generally decreases through -traffic capacity, impedes traffic flow, and increases crash potential... However, within urban areas... located on arterial highway routes, on -street parking should be considered in order to accommodate existing and developing land uses. Often, adequate off-street parking facilities are not available. Therefore, the designer should consider on -street parking so that the proposed street or highway improvements will be compatible with the land use." 4.20 — "When a proposed roadway improvement is to include on -street parking, parallel parking should be considered. Under certain circumstances, (front- in/back-out) angle parking is an allowable form of street parking." 4.20 — "Where diagonal parking exists or is planned, consideration may be given to back-in/head-out diagonal parking because of the improved visibility for the driver to see vehicular and bicycle traffic when existing the parking space. In addition, back-in/head-out diagonal parking is usually a simpler maneuver than parallel parking." 7.3.3.7 — "Where parking is needed to contribute to an urban context or where adequate off-street parking facilities are not available or practical, parallel or angle parking may be considered on lower -speed arterials as long as the capacity provided by the through lanes for motor vehicles and bicycles is considered. However, parking is highly undesirable on higher speed roadways (50 mph and above) and generally not used on facilities in the 40- to 45 mph range." Traffic Engineering Consultants, Inc. Dickson Street, Suite 106 1 Fayetteville, Arkansas 727011 Ph. 479-335-5636 Norman, OK I Tulsa, OK I Fayetteville, AR I Little Rock, AR I Springfield, MO www.tecusa.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 33 of 151 Traffic Engineering Consultants, Inc. August 23, 2024 AASHTO Highway Safety Manual 12.7.1/13.11.2.1 — Crash Modification Factor (CMF) for On -Street Parking — CMF for three -lane with turn lane 1.465 for parallel parking and 3.428 for front- in/back-out angle parking. The base condition being an absence of on - street parking. A value over one indicates an anticipated increase in crashes. Note: The CMF clearinghouse provided similar results and did not include CMF data for back-in/head-out diagonal parking. FHWA Highway Performance Monitoring System Field Manual Signalized Intersection Approach Capacity Adjustment for Parking for one lane in group and 6 parking maneuvers per hour (two-way streets with parking on one side) is 0.87. This value indicates slight reduction in capacity due to parking near a signalized approach. FHWA Road Diet Informational Guide 3.3.5 — "The FHWA advises that roadways with ADT of 20,000 vpd or less may be good candidates for a Road Diet..." Stopping Sight Distance To determine stopping sight distance as recommended by the AASHTO Policy on Geometric Design of Highways and Streets (Green Book), 24-hour volumes and speeds were collected during a typical mid -week day with mild weather and while school was in session in February 2024 on Nelson Hackett Boulevard between 4t" Street and South Street. Based on the traffic data collected, the Nelson Hackett Boulevard ADT is 16,000 vpd (Note: ARDOT 2022 ADT measured at 19,000 vpd) and the 85th percentile speed is 38.1 mph for northbound traffic and 39.0 mph for southbound traffic. Detailed printouts of all the traffic count data are included in the appendix. For speeds of 38.1 mph and an uphill grade of 5.5% the Green Book recommends a stopping sight distance of 262-feet. The proposed parking along the south/east curb of Nelson Hackett Boulevard should be checked for adequate vehicle stopping sight distance to enhance safety. Traffic Engineering Consultants, Inc. Dickson Street, Suite 106 1 Fayetteville, Arkansas 727011 Ph. 479-335-5636 Norman, OK I Tulsa, OK I Fayetteville, AR I Little Rock, ARC Springfield, MO www.tecusa.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 34 of 151 Traffic Engineering Consultants, Inc. SUMMARY August 23, 2024 The proposed Nelson Hackett Multi -Family development would be expected to generate 54 additional trips during the typical weekday peak hour periods. The traffic generated by the proposed development would have negligible effects on the surrounding intersections and roadways during the weekday peak periods. Based on these factors, no additional traffic related issues are anticipated as a result of the proposed development. The City of Fayetteville "downtown/urban street" master street plan section desires on -street parking along Nelson Hackett Boulevard that does not currently exist. The existing vehicle speeds and volumes present on the corridor are less than the common thresholds for safety and capacity as found in literature by NACTO, AASHTO, and FHWA. On -street parking would be considered typically compatible with the proposed land use and urban context. Back-in/head-out diagonal parking would be considered an acceptable alternative to parallel parking. A minimum stopping sight distance of 262-feet shall be provided for northbound traffic. Additionally, for "downtown/urban street" sections surrounding the development that behave similar to residential links, the City of Fayetteville master street plan desires a street section as shown in the proposed site plan and recommended by traffic safety literature. The proposed development does not create or compound a dangerous traffic condition on the existing low - volume streets surrounding the development and is in keeping with the requirements and ideals of the City of Fayetteville master street plan. Traffic Engineering Consultants, Inc. Dickson Street, Suite 106 1 Fayetteville, Arkansas 727011 Ph. 479-335-5636 Norman, OK I Tulsa, OK I Fayetteville, AR I Little Rock, AR I Springfield, MO www.tecusa.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 35 of 151 ATTACHMENTS Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 36 of 151 r I ..� � .. — - Y• _ w 1�,`. .S ': ^;� i. Jam, .-. tu -...,'ter` Ir - ,.) � � y' s .t•, r' `�� ` ay., e < 0J1JlY1U C�1 a, 1 ;tY AT r K r Qa'y, 1 . FIGURE 1. Project Location Ma I J p ECNelson Hackett Multi -Family „_,,•,,,,,,;, I Fayetteville, Arkansas AW Planning Commission September 23, 2024 Paqe 37 of 151 IM i I � —�AFa •I e � � I 001A1 Ntlld 3MS 113N3VH N0913N 1V Z-A01 NV9M(1 T _ 1N3WdOl3A3a - �IEA.16iin� �� �di9a's Qf Y € � . a__ sS 5 i 5 S J JJJ 5 s; € pp d c6 LL iOf li� C U (6 — — f0 � 0 _ %v .( N LLI V F I LL ie I v ` ' I \ 9 . �s�Q I If I I � _ I September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 38 of 151 untain St • tevr,� Q L brary 0 a' 0 0 t u W W South St •4.100 u • r 0 n c 71 D 0 I I W 5th St 71 21.000 Square Gardens W Mountain St C, > Q E Mountain St o u Q _o 0 Faye^e,A e C ry U Hall o _ W Fayeaevilie > Q w Fayetteville m Federal Bu-Idmg 230 District Courto Town Center I • CO i E Rock Stto en M E 4th St > c Jennings Plus a E 5th St a 0� A w �04 H C'q V� SQo 14,000 • W Martin Luthor King Blvd 0 a N U O J rn o W 7th St W 7th St m H •2.600 0 Q 0 d O U h E South S� 0 Q c O a, c N 3 CO 72, E Martin Luther King U Q 41 0 E 7th St 2022 ADT—Nelson Hackett Blvd Fayetteville, Arkansas Planning Commission September 23, 2024 Paqe 39 of 151 w r F9 a� 03 un M cd r - U "O -0 ct `+� cd bA O�-'C p bq 3 a� +' cn cn�, cd r s bp 'C O �" O U U O � ui N 4i U 7�03 cd �, �". cd O � r 3 ?� CA bD O O M j O - bA �" 'd bA } O O p N a� U O cn Qn 4- $:)� x < C� . 0 0 0 W <"�- wl li Planning Commission September 23, 2024 124-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 40 of 151 A B C I D I E I F G H 1 The Traffic Group, Inc. 2 (800) 583-8411 3 www.trafficgroup.com 4 5 6 T Station Name: 2024-0155 7 l Site ID:110000000155 8 Gi* Station Num:000000101481 9 Description: Nelson Hacket Blvd. btw Locust Ave. and W. South St. 10 County: Washington 11 Start Date/Time:02-01-2024 00:00 12 End Date/Time:02-01-2024 23:59 13 14 Mean Speed Standard Deviation Total Vehicles Sample Size 15th Percentile 50th Percentile 85th Percentile 15 Lane 1 (North) 33.56 MPH 4.05 7750 7750 30.08 MPH 33.41 MPH 38.13 MPH 16 Lane 2 (South) 34.51 MPH 4.08 8272 8272 30.66 MPH 34.55 MPH 38.95 MPH 17 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 41 of 151 �0000©oo©oo©o©©0000 Site ID1100000001155 Station Num:0000001014811 County: Washington ml�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�©������������ m�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�©������������ ml�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�llllllllllllll�lllllllllllllll�lllllllllllllll�lllllllllllllllllll�� 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N LSD-2024-0011 N ETT' 0z 00 z-4 cnT A 0 0 1 0 �.,�4-0011 (URBAN LOFzCS AT Plan 00 3na cn AT ^In An^ �p Plang Commission o September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 54 of 151 FA — � F D 00 3na � M cn AT ^In An^ �p Plang Commission o September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 55 of 151 n C 4 o URBAN LOFTS @ NELSON HACKETT FA D O 0Z u9�a z� � T ^fin A p An Plang Commission 1 September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 56 of 151 (2)0 0 C �0 URBAN LOFTS @ NELSON HACKETT 8� 3 O g o C I 0z 00 cn T mij 0 C � 3 Plane o SePto LSD-2024-0011 (URBAN LOFTS AT NELS© _o Om 0 n Z � ti n D Z p 0 f v C �T7 W D Z r � Tm 00 a O N nP Z vri 0 0 S Z rei ~O c z 0 m p Z m 0 n X � 0 m O D 0 w O w 0 A D W m nW n " Oz m DM D z p n y 1 I I n W 0 O W D I WA —n m0 = zm z nZ I m p y0 m n I D 1 y 0 Z n m S p m S S D A S Z O m m N m o m y 0 n Z m y D= W Dom' Z mm O �0<� c y D m n m ODS<n�m m p Z m p p p DO om mi 0 OO�ti ��m<�ODOmm D mmo> m�z>�?� w mDm �- �mOn�O 0 z'� y Plarnonin rCf�mmission m zeptemer LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 58 of 151 =<D ?Opp m 56' TO TOP OF PARAPET c p Z m C7�p S - �0=� OyDN m ti v D n O Li On n ZO e64'6"O TOP OF PARAPET �D Oz � p Em ti n O ° p O O LL- D D On Oc n 0= Z z �W D zn p Z < 00 G) 0 O t' O O A 0 Z w O m p = Z c O S m C 5 DZ �Ooz �00n On 0OU0 Az0 ZD my�f DO.S ti N S m ==D m p m D m W S A X �m � p � z z �n p nQ0 O� ➢ W m M:c N D T O zv0 pn c < DO _ D > A n nr Z m Q O y0 �O Z O D a 0 Np m 39' 8" O TOP OF PARAPET Z _ S n „ m 0 m A A D Plannin C mmissio epiemr9"1r�; b��c LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 59 of 151 #mTOP mROOF r�# ( n n / ; // ( ) } \ / / < a >2 . ��0, > =c \ m)«0 2 22>- \ j\ \j n b nn n< ®Q - 02 \ 3 \ n \ % g > \ n ; \ § f n \ n ! \ \ § > ( \/ \3m> > ] \ > z ) ƒ / \ ® \ § \ Pim) cm«Uo ale / 23, D202$0011 (URBa(LOFTS AT NgsNHAcKETT} ] 101 to )mn )m n m n m n >)` n >\m /j /} n n ,/\ 3&Q §` §` 0 > ( ) ( ( >7\ �\ ) } f , § § 2 � _ z<> -0 - ><_� -0 A no ) 5`§ & )�E m >mm oa z n / ? cƒ2 0§®\( \\§ n ,�9 o -// m\{e/ §@n §® �\ ) �,0 2E%() !\) )\ _. �\\ �\� `°� ° �n \ ` ° ` n 7 { ) \m ! k > {) D 9� cj \ /> \( )\ k¥ 2� ( n f f \/ \ § ( \\ _ - z [ E \ E z § \ f a / / S § § CD» \ ��m) cm«Uo a7e� /�` D202$0011 (URBAN LOFTS AT NgsNHAcKETT} Wonsower, Donna From: Alan Ostner <alan@drainagedoctornwa.com> Sent: Monday, September 16, 2024 3:20 PM To: Wonsower, Donna Subject: Re: Urban Lofts Follow Up Flag: Follow up Flag Status: Flagged 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. Thanks forth e review Donna. I'm amazed the giant pit in the ground next to the soon -to -be point of pride for Fayetteville Nelson Hackett meets downtown design standards. Seems like a real design drawback to me, promoting folks to feel uneasy and making pedestrians not want to go near it and all the fire -rated safety stairs they are putting there. Best, Alan Ostne r,ASLA,PLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0428970724 BSA Scoutmaster Member: Ark. Better Business Bureau Member: Ark. Master Gardeners Member: Ark. Native Plant Society Education Committee C: 479.387.7900 W: www.drainagedoctornwa.com E: aIan(@drainacedoctornwa.com I reply to texts and emails from 7am-7pm M-F and 7am-noon Saturdays On Mon, Sep 16, 2024 at 3:02 PM Wonsower, Donna <dwonsower@fayetteville-ar.gov> wrote: Alan, Based on a review of the plans, several units were combined to make larger units (16 -> 8) and one floor of the southeast building was removed entirely. Updated renderings are still in progress and I anticipate receiving those prior to agenda session on Thursday. Best Regards, Donna Wonsower, AICP Planner, Development Services Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pace 62 of 151 Wonsower, Donna From: Alan Ostner <alan@drainagedoctornwa.com> Sent: Wednesday, September 18, 2024 12:23 PM To: Alan Ostner; Wonsower, Donna Subject: Vote against Urban Lofts 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. Hello Fayetteville Planning Commissioners, I am writing today to request you vote against the Urban Lofts proposal LSD 2024-011 as it is currently being presented. There are many traffic dangers to this project as well as a long list of exceptions to Fayetteville's own development codes. It's way too much of a good thing. 1) National Highway data Bureau of Transportation Statistics shows 6 vehicle trips per day is the average for NWA from a residence. Even with the reduced project size to 138, this equals an average of 828 added vehicle trips per day from this project on our historic, narrow streets! Our streets are already crowded, with lots of kids, elderlywalking pets, visitors trying to park, cars attempting to not block each other's mailboxes & trash cans on pickup day, etc. Common sense tells us this is compounding a dangerous traffic situation and is grounds for voting no. 2) What's with the pit in the ground along Nelson Hackett for this project? I'm stunned this pit meets the thorough, careful Downtown Fayetteville Design code. Huge efforts are going into making Nelson Hackett more prominent and safer with the recent Road Diet (reducing from 4 lanes to 3), and the awesome stoplight at South street intersection, and future trees and nice sidewalks planned. Now a pit in the ground along this project frontage? Folks will feel nervous and uncertain walking along there not sure of what's going on down there. Completely opposite of the beautiful streetscape with street -level shops we have all seen drawn up by the cityvision over the last 20 years. This pit is a poor addition to the neighborhood and Nelson Hackett Drive. It pulls the neighborhood and the town down instead of bringing us up. 3) The mountain matters. This project is well -suited for a flat site, clearly seen by the pit needed to make the steep lot "flat" for the buildings. This project does not respond or adapt to the steep site at all, only creates more problems attempting to fight the mountain they are choosing to develop on. The long list of variances, which do not require approval, are proof that they are attempting to put too much on this site. Many other projects would fit nicely here at a lower 60 units per acre density: condos, townhomes, triplexes. These would still provide the much -needed increase in housing. 4) The lack of 100 parking spots for the project will be an enormous problem and traffic danger to this fragile neighborhood. Many of us don't have driveways and park on the street even today! We will be swamped with folks constantly looking for on -street parking. This isn't Boston or NYC. It's truly fantasy - land to think folks will rent the Urban Loft units without having a car. 5) Where is the buffer zoning? The DG zoning for Urban Lofts at 106 units per acre is massive! The established neighborhood is zoned NC at 10 units per acre. Good planning places a buffer between intensive uses and residential uses. Keep the Urban Lofts project to 40-60 units and it will all work safely. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 63 of 151 We can all have it both ways, with multi -family and keeping the neighborhood intact. Since there's no buffer zoning this project needs to be the buffer. Ask the developer to lower the scale of Urban Lofts to prevent a traffic disaster. 6) This project is killing the goose that laid the golden egg! This neighborhood is experiencing a complete revival, thanks in part to the City's vision with the 2008 Walker Plan. That plan gave us the Neighborhood Conservation zoning and was the rocket that got us all headed in the right direction. Many folks are using gentle density, one property at a time, to revive this area. It's working! The Urban Lofts project will run out the folks who have worked hard to make this place special. Vote against this project to keep the success going. Thanks for your time and efforts on this important city board. Best, Alan O S t n e r, ASLA, PLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0428970724 BSA Scoutmaster Member: Ark. Better Business Bureau Member: Ark. Master Gardeners Member: Ark. Native Plant Society Education Committee C: 479.387.7900 W: www.drainacedoctornwa.com E: alanCubdrainaaedoctornwa.com I reply to texts and emails from 7am-7pm M-F and 7am-noon Saturdays Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pace 64 of 151 Wonsower, Donna From: Cynthia King <cmeking1966@gmail.com> Sent: Sunday, August 11, 2024 9:58 PM To: Planning Shared <planning@Dfayetteville ar.gov> Subject: Project #LSD-2024-0011 CAI; 1 ' 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. Dear Planning Commission: We have resided in South Fayetteville, one block from LSD-2024-0011, for the last 24 years and have serious concerns regarding the project. Over the years, we have witnessed bottlenecks created by cars parked on both sides of the streets which, on more than one occasion, have caused great difficulty for residents, garbage- and firetrucks and emergency personnel trying to reach their destinations. We are a neighborhood with active families who have small children who often play on or near these streets. The addition of at least 163 new residents with their vehicles increases the likelihood of cases of traffic endangerment in an area zoned as Neighborhood Conservation. We are looking to the Planning Commission to support desirable development in our neighborhood and throughout the city, aligned with the values of livability, walkabllity, and a focus on arts, culture, and entertainment, as the Fayetteville Master Plan outlines. The scale and design of the proposed apartment complex make it unsuitable for this location. And while we understand the need for more housing in our growing city, the safety of Fayetteville's citizens and their right to a high quality of life should not be sacrificed. Sincerely, Cindy King and Jared Pebworth Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 65 of 151 Wonsower, Donna From: Erik Pollock <epolloc@gmail.com> Sent: Wednesday, September 18, 2024 1:37 PM To: Wonsower, Donna Subject: Fwd: 4th and block development Follow Up Flag: Follow up Flag Status: Flagged 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. ---------- Forwarded message --------- From: Erik Pollock <epolloc@gmail.com> Date: Sun, Sep 15, 2024 at 4:00 PM Subject: 4th and block development To:<brad.payne@fayetteville-ar.gov> Dear Sir, There is a large high density development planned for the corner of 4th and Block streets. The proposal would be for 140-170 units. While there is hope to develop the site, the neighborhood lacks the infrastructure to safely accommodate such a development. The lack of parking by the proposed development will cause a significant spill over into the surrounding community. Parking which is already stressed by current infill. The community has become a near model for Fayetteville. On my block alone, 2 houses have been razed and 5 houses have been built; proving that the infill policies are working. However, the addition of 150 units with only 50% parking will radically change that. The current dog, child and person walkable neighborhood will likely be transformed into a commuter zone with a hellscape of parking. The developer has asked for several variances. Firstly, the parking spot count includes spaces that already exist. The proposed parking on 4th and block are used regularly and would not be "invented" by the proposed development. Second, the proposed development is not within 1/4 mile of any public transportation. Yes if I could fly to the bus stop; it is, but if I could fly why do I need a bus? Thirdly, the suggestion that providing a bike or scooter parking is in any way a substitute for car parking is incorrect. Arkansas motor vehicle registrations per licensed driver is —1.5 In short, this is the wrong development in the wrong place. I urge you to reject the proposal for safety, community development and civic pride Erik Pollock 38 w 4th st Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 66 of 151 Wonsower, Donna From: Franklin Evarts <fevarts56@gmail.com> Sent: Wednesday, September 18, 2024 10:36 AM To: Wonsower, Donna Subject: Urban Loft Project Follow Up Flag: Follow up Flag Status: Flagged 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. Donna, My wife Louise and I live at 11 West South street, about 100 yards from the proposed Urban Lofts project. We have lived in our home for 40 years. We remain very concerned about the size of the project. On the street parking and pedestrian safety remain big concerns for us. There is a lot of pedestrian traffic on our street , bikes, parents walking with young children and people just strolling. Many of the homes in our wonderful little neighborhood have no driveways,(like our home), and on the street parking is our only choice. A development this size will severely tax these older small streets. I am also concerned about the strain on the old infrastructure in this part of town. The city has repaired leaks in the water/ sewer mains on West South at least 3 times in the past year or so. We are not against development of this property. It's just the size of the proposal. It just doesn't fit. Thank you very much for your time and service to Fayetteville and your consideration of our concerns, Franklin Evarts and Dr. Louise Rozier Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 67 of 151 Wonsower, Donna From: Franklin Evarts <fevarts56(aemail.com> Sent: Wednesday, August 7, 2024 9:34 PM To: Planning Shared<planriny.�,favetteville-ar.Fov>; Mayor <Mayorwfayetteville-ar yov> Subject: Large scale apartment project on South Block street. LSD 2024-0O1. 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. City of Fayetteville Planning Commission, My name is Franklin Evarts. My wife Louise and I have lived at 11, West South Street for nearly 40 years. In this time we have seen many changes, and quite a bit of new development and growth in our neighborhood, the majority of it being good and well thought out. Twenty years ago there were hardly any children around and a good percentage of the properties were rentals. Now there are many families buying properties because of the unique eclectic, friendly, diverse qualities of our little neighborhood. There are families walking with strollers and many kids playing in the streets. We are firstly concerned about safety, especially for the neighborhood children and then our own personal property. The apartment proposal Is much too large as Is. South street, which the development will border, was the main thoroughfare from Nelson Hackett and South College while all the traffic calming work was being done and there was so much traffic, and cars constantly were traveling way too fast. That was temporary. Many of the homes on South street have no driveways so street parking is our only choice: this makes the street even more narrow. When there are cars parked across from each other only one car can pass through at a time. I am very concerned about the safety of the pedestrians especially kids that are always on the street. There Is a sidewalk on only one side of the street, and we are very concerned about such a large increase in traffic and potential overflow parking. We worry about the Infrastructure of the neighborhood. The water main lines and sewage lines are repeatedly being repaired. The streets are too small and narrow to accommodate a large influx of new traffic. We understand that neighborhoods change. The proposed development is much too large and will negatively change our and many of our neighbors lives dramatically. Louise and I want to go on record to say we are not against safe, thought out, practical development. Please consider these concerns when making your decision. Thank you very much for your time and work for the city. Sincerely, Franklin Evarts and Louise Rozier Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 68 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 1, 2024 8:29 AM To: Wonsower, Donna Subject: FW: Multi Family Development at 309 S. Block Ave. LSD-2024-011 Importance: High Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Schuyler Schwarting <schuylerschwarting@gmail.com> Sent: Wednesday, July 31, 2024 11:08 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Multi Family Development at 309 S. Block Ave. LSD-2024-011 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. Dear Planning Commission and Subdivision Board Members, I live 1 block from this proposed project (160' away) and object to the size and density of it. The proposal of this many units, 162, on this small of a lot, 1.24 acres, is crazy for our family oriented neighborhood. With the possibility of 2 tenants to a unit, this development could add an additional 324 cars to our small neighborhood streets because the entrance to these units is through our neighborhood. Also, we do not feel there is enough parking on this small lot to accommodate this many units when adding potential roommates and visiting friends. This will most definitely overflow to the neighboring streets. Our neighborhood is full of families with small children and very active residents, enjoying strolling and playing in their front yards and street. Adding this many cars would completely disrupt the quality of life and would work against what our neighborhood strives to be. We do not want campus dorm sized residential apartments in our neighborhood. These units are as small as 318 SF, about the size of a hotel room. To put it into context, the smallest type of apartments according to apartments.com are about 500 - 600 SF. These are about half that size. Studio and efficiency apartments are usually located in very high -density downtown locations like New York City and LA not in a South Fayetteville neighborhood of single-family homes and families. You may also Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 69 of 151 find this type of development where there is a successful mass transit system to rely on, for tenants who do not have cars. This does not fit. This proposal does not meet the Unified Development Code Chapter 161.28(E) Setbacks. 25' Build To Zone (BTZ). It encroaches on 3 of the 4 sides. The 25' setback is the requirement that the building's street facing facade must be located at a set distance from the property line. I urge the Commission to reject this proposal due to the fact: 1) the application does not comply with the zoning and development requirements of the Unified Development Code including: a) setback requirements, density of the buildable area, required parking and compounding a dangerous traffic condition. The proposed development would create or compound a dangerous traffic condition in which the risks of accidents involving motor vehicles is significant due to the high traffic volume and nature of the traffic pattern. We aim to preserve and protect the health, safety, and general welfare of our neighborhood, preserve and enhance the natural beauty of our streets, and create an attractive, environmentally sound and healthy landscape for our neighbors. That is why we have regulations for the design, establishment and maintenance of spaces impacted by developmental practices. Sincerely, Schuyler and Kelley Schwarting 324 S. East Ave. Fayetteville, AR 72701 schuylerschwarting(a gmail.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 70 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 1:54 PM To: Wonsower, Donna Subject: FW: LSD-2024-0011 Planning Commission Meeting Aug 12, 2024 Follow Up Flag: Follow up Flag Status: Flagged Yours Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube T% F V4 AF EC A 45AS From: Schuyler Schwarting <schuylerschwarting@gmail.com> Sent: Thursday, August 8, 2024 1:32 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: LSD-2024-0011 Planning Commission Meeting Aug 12, 2024 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. URBAN LOFTS at NELSON HACKETT 309 South Block Ave. Fayetteville, AR. Project # LSD-2024-0011 Dear Donna Wonsower, AICP, I live 1 block from this proposed project (160' away) and object to the size and density of it. The proposal of 163 units on 1.24 acres, which is very dense at 131 units/acre, is crazy for our family -oriented neighborhood. These are not lofts but micro -units. With the possibility of 2 tenants to a unit, this development could add an additional 326 cars to our small neighborhood streets because the entrance to these micro units is through our neighborhood. The proposed development would create or compound a dangerous traffic condition in which the risks of accidents involving motor vehicles is significant because of the high traffic volume and nature of the traffic pattern. Due to the work on Nelson Hackett and E. Rock St, where there are now no turns from the south or going south, all residents living on Rock St, Mill Ave, S. Willow Ave, S Walker Rd, S Barton Ave wanting to travel to or from the Southwest now must traverse through this neighborhood on South St. right next to this proposed Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 71 of 151 development. Also, just down the street at 439 S. Church a new zoning was approved to add 12 more units. Hopefully they will have driveways and their own parking. Also, there is not enough parking on this small lot to accommodate this many units when adding potential roommates and visiting friends. With 163 units and the potential for 326 residents and only 104 car spots. WOW! In fact, out of the 104 car spots, there are only 63 that are standard sized parking spots, 34 standard sized parking spots on site and 28 left on the street. That is not very many for 163 units if statistics are accurate. SUV's, overwhelmingly, are the #1 car type sold in the United States. 2 of 3 vehicles sold last year were SUV's. These types of vehicles will not fit in a compact space. This will most definitely overflow to the neighboring streets. At the South Yard Lofts down the street on S School Ave, they all have assigned parking spaces. Our neighborhood is full of families with small children and very active residents, who enjoy daily strolls and playing in their front yards and streets. Adding this many cars would completely disrupt the quality of life and would work against what our neighborhood strives to be. We do not want campus dorm sized residential apartments in our neighborhood. These units are as small as 318 SF, about the size of a hotel room. To put it into context, the smallest type of apartments according to apartments.com are about 500 - 600 SF. These are almost half that size. Studio and efficiency apartments are usually located in very high -density downtown locations like New York City and LA, not in a South Fayetteville neighborhood of single-family homes and families. You may also find this type of development where there is a successful mass transit system to rely on, for tenants who do not have cars. This does not fit. The site is going from 16 units and 48% tree canopy to 163 units and 5% tree canopy. You should not justify the removal of this many large trees (50) by saying the development would have killed the trees anyway. (5) over 30", (12) 20-29", (19) 10-19", (13 )5-10". Previous impervious cover for this site was 19% and they are proposing 79% impervious cover which will lead to increased storm run-off and taxing of our storm inlets. The storm inlets have a tendency to fill with leaves and debris with some inlets growing vegetation and small trees out of them. Having more cars on the street will reduce the efficiency of the street sweeper who tries to maintain our streets and drainage issues. I urge the Commission to reject this proposal due to the fact: 1) It does not meet the Downtown Master Plan Strategies 3, 4, 5 or 6. 2) The plans do not reflect the correct number of parking spots. a) On Block Ave, it shows 3 on street parallel spots where there are only 2. b) The plans show 39 Compact Spaces where there are only 37 spaces. 3) This site is not eligible for parking space reductions of 40 spaces because: a) They are further than 0.25 miles from the bus stop. They are 0.3 miles uphill with a 100' elevation ascent. Over an 11-minute walk on a small sidewalk for a bus that stops there once per hour. 24 spaces should not be reduced and should be added back. b) Increased bicycle racks inside the apartments does not qualify for a reduction of 16 parking spaces. 4) It would create and increase traffic danger and congestion due to its increased density. 5) It would alter the population density and thereby undesirably increase the load on public services including water and sewer services on our old lines. We are already having to adjust our water usage along Huntsville Rd due to the City experiencing increased demand resulting in reduced or no water pressure for some customers. An ordinance was just approved that includes a 6 month moratorium on new water service connections. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 72 of 151 6) the application does not comply with the development requirements of the Unified Development Code including: a) density of the buildable area, required parking and b) compounding a dangerous traffic condition. Once the units are decreased to match the parking availability, we request: 1) if the AC units are on the roof, I urge the Commission to request siding to block these units. 2) Only have the construction equipment access off of Nelson Hackett and South St. 3) The variance requested in UDC Chapter 166.21(E)(1). Dumpsters, we request approval with conditions 1) that this dumpster only gets serviced during normal wake periods meeting the Quiet Hours ordinance and 2) that the dumpster is sized appropriately to only be serviced once per week. 4) Upgrade the old waterline in the neighborhood that has broken over 10 times in the past couple of years and is currently leaking. 5) Repair the sink holes where the leaks have occurred. 6) Off -site tree mitigation, plant all of the tree caliper inches on this site with larger diameter trees. 7) The ability to have more reviews and comments from our neighborhood. We aim to preserve and protect the health, safety, and general welfare of our neighborhood, preserve and enhance the natural beauty of our streets, and create an attractive, environmentally sound and healthy landscape for our neighbors. That is why we have regulations for the design, establishment and maintenance of spaces impacted by developmental practices. We are in favor of some form of SMART development on this site but not without enough parking. Sincerely, Schuyler and Kelley Schwarting 324 S. East Ave. Fayetteville, AR 72701 schuylerschwarting@gmail.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 73 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 2:24 PM To: Wonsower, Donna Subject: FW: 309 South Block Avenue LSD-2024-011 Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Kelley Schwarting <adorned@me.com> Sent: Thursday, August 8, 2024 1:58 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Mayor <Mayor@fayetteville-ar.gov> Subject: 309 South Block Avenue LSD-2024-011 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. City Of Fayetteville Donna Wonsower plan ningCa)fayetteville-ar.gov First let me say, myself and many of the neighbors were excited to have a new development on this property. We were told it would be 3 - 4 story multi family, 60-80 units with a wine bar and retail on the street level. A beautiful entry to the neighborhood. This was perfectly in line with the City's Downtown Master plan and a vision for healthy, happy living. More housing where people could live comfortably and work inner city. We assumed they would be nice units and the residents would have amenities like a pool, weight room and common areas to congregate. I've surveyed young professionals in our area about living in micro units with no amenities and it was a resounding NO, a cuss word with NO and it sounds like a prison. This is just a few of their comments, all were negative. Lets call it what it is, STUDENT HOUSING. Dormitory micro sized units 300-400 sqft no private bedrooms. 163 units and only 106 car spaces. Leaving 57+ (57 units without spaces on site PLUS guest) cars to fill the neighborhood driving around looking for street parking. Crowding our already busy streets, as many neighbors park on the street hindering assessable roads for Fire, Ambulances, Trash pick up, mailboxes and street and gutter cleaning. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 74 of 151 It will be dangerous for the many kids we have who play in the streets. It's not the infill Fayetteville desperately needs. It's student housing without the support of the University of Arkansas for busy traffic times like move in and move out, parent weekends, football games, etc. The developer is trying to maximize his dollar without taking into consideration the surrounding landowners of single family homes. We are are being adversely affected. I ask the City to have the developer reduce the number of units and at a minimum match parking spaces to units/bedrooms. I ask that the address of the property be changed to Nelson Hackett so all deliveries, Ubers drivers, Veorides, pick up/drop offs, waiting areas be done at the front of the property instead of through the neighborhood. I ask the City do a traffic / parking study to the immediate 5 streets for the overflow parking and guest. I ask the City to change the immediate 5 streets ( Block, South, East, 4th and 5th) to no parking on one side for emergency vehicle access, mail delivery and trash pick up. I ask the City to notify all residents of street cleaning days so cars can be moved so our drainage areas stay clear. I ask the City to give all single family housing Resident Reserve Parking like was implemented in the Wilson Neighborhood, prior to street parking becoming a problem. I also ask the City evaluate our failing infrastructure, water lines and sewer for needed upgrades on all streets before allowing a huge development that will further tax our system. We understand we live on the edge of downtown of a thriving city. We welcome thoughtful infill and development for residents. We hope the City will hear our concerns so we can grow Fayetteville in a positive way. Kelley Schwarting 324 S East Ave Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 75 of 151 Wonsower, Donna From: Sent: To: Subject: Follow Up Flag: Flag Status: Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division Planning Shared Tuesday, September 17, 2024 4:15 PM Wonsower, Donna FW: 309 S Block LSD 2024-011 Follow up Flagged City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Kelley Schwarting <adorned@me.com> Sent: Tuesday, September 17, 2024 4:03 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Fwd: 309 S Block LSD 2024-011 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. Donna, At the last Planning meeting regarding this project we discussed how we love our unique neighborhood. We are wonderfully located on the cusp of Downtown General and The Walker Park Neighborhood. Our residents include homeowners and renters. Our residents are local artist who paint murals in town, teachers at Fayetteville Public Schools, Professors at the University, retired people, ballet dancers, Healthcare workers from Washington Regional and University students who have moved away from the campus lifestyle to continue their education while having a family and start their careers in Fayetteville. We also have so many KIDS. Kids of all ages, who play together on our streets. This group of out of state developers does not see our neighborhood as a cohesive friendly place to live and work in Fayetteville. Builder Jetton Berner, founder of University Lofts was quoted in TalkBuisness.net article titled the `Wild, Wild West' of Northwest Arkansas stating "University Lofts is something we're really excited about right now." "We took the idea from the city of Detroit Revolution." "We believe students are looking for their own micro space units." Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 76 of 151 His mission statement is to develop all inclusive housing options in college towns. Student Housing. One of the partners was interviewed in the Arkansas Business journal and he touted how this is a brilliant business model targeted at students. We are not Detroit. Detroit has a vast and free mass transit system. We are not the Wild Wild West! We are beautiful thriving town and a growing University Campus. It is concerning how they recently rebranded University Lofts into Urban Lofts. It is concerning how they have left the property and neighborhood sidewalks in disarray after tearing down the 16 units that were originally on the site. It is concerning that the true owners are not listed on the Rezoning application. University housing does not help with "affordable housing." It artificially inflates housing cost. There is plenty of open undeveloped land that the university owns, that is already on or close to the transit route to build more student housing, we should not look to a private developers to solve that problem. Several articles over the past month have stated the University intends to build more student housing. They have identified and approved areas North of campus. Areas where they can easily expand the Razorback transit, areas where they can offer students on campus amenities, parking and food services. The Fay Jones School is working on and exploring how to build affordable housing. Let's use the University to our advantage instead of adversely affecting our neighborhood to solve the student housing problem. See Affordable Housing pdf attached. On Sept. 12, 2024 listed on Zillow Fayetteville has 477 rentals available ranging from $600-3500 per month and 381 houses for sale ranging from $139k-4.7m. We do not have a housing crisis. We have an affordability problem. This student apartment building is not the infill Fayetteville desperately needs. It's student housing without the support of the University of Arkansas and University Police for busy traffic times like move in and move out, parent weekends, football games, parking violations, etc. The developer is trying to maximize his dollar without taking into consideration the surrounding landowners of single family homes. We are are being adversely affected. Please consider this property as part of our single family neighborhood. More density is expected but not to the detriment of our established neighborhood. It does not fit into the Downtown Master Plan nor the Walker Park Neighborhood plan. See attached Diversity of Housing pdf from the Walker Park Plan. This plan envisions owner occupied attached housing as a buffer between the commercial corridors and nodes and the predominately single- family nature of the interior of the neighborhood. I ask if this project is approved as I asked before: I ask the City do a traffic / parking study to the immediate 5 streets for the overflow parking and guest. I ask the City to change the immediate 5 streets ( Block, South, East, 4th and 5th) to no parking on one side for emergency vehicle access, mail delivery and trash pick up. I ask the City to notify all residents of street cleaning days so cars can be moved so our drainage areas stay clear. I ask the City to give all single family housing "Resident Reserve Parking" like was implemented in the Wilson Neighborhood, prior to street parking becoming a problem. I ask the City to police the area for parking violations so the residents don't have to be burdened by complaining to authorities. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 77 of 151 I also ask the City evaluate our failing infrastructure, water lines and sewer for needed upgrades on all streets before allowing a huge development that will further tax our system. In addition, with the increase in traffic I ask the city to provide safe school bus shelters within our neighborhood. Thank you for not approving this project the first time. Once again, thank you for your time. Kelley Schwarting Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 78 of 151 Wonsower, Donna From: Planning Shared Sent: Wednesday, September 18, 2024 8:23 AM To: Wonsower, Donna Subject: FW: Urban University Lofts LSD2024011 Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube Owen F=16:--e-- From: Schuyler Schwarting <schuylerschwarting@gmail.com> Sent: Tuesday, September 17, 2024 7:41 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Urban University Lofts LSD2024011 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. Dear Ms. Wonsower, I live 1 block from this proposed Urban Lofts project and OBJECT to the size and density of it. The proposed 138 units on this small of a lot equates to 115 units per acre where all of the other lots in this great family oriented neighborhood are only 4 - 10 units/ acre. With the possibility of 2 tenants to a unit, and potential of visiting friends and family, this development could add an additional 276 cars to our small neighborhood streets because the only entrances to this project is through our neighborhood. We do not feel there is enough parking on this small lot to accommodate this many units. This will most definitely overflow to the neighboring streets. There are only 36 Standard sized parking spots and 37 compact (non SUV)spaces. The rest are either ADA, motorcycle or On -Street spaces in which they would be taking the spaces in the street that are already being used by the existing homes in the neighborhood. By using the on -street Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 79 of 151 parking to try and satisfy the parking requirements, it would create a mad scramble for the existing homes to park close to their homes. Our neighborhood is full of families with small children and very active residents, enjoying strolling and playing in their front yards and street. Adding this many cars would completely disrupt the quality of life and would work against what our neighborhood strives to be. We do not want campus dorm sized residential apartments in our neighborhood. These units are as small as 318 SF, about the size of a hotel room. To put it into context, the smallest type of apartments according to apartments.com are about 500 - 600 SF. These are about half that size. Studio and efficiency apartments are usually located in very high -density downtown locations like New York City and LA not in a South Fayetteville neighborhood of single-family homes and families. You may also find this type of development where there is a successful mass transit system to rely on, for tenants who do not have cars. This does not fit. I urge the Commission to reject this proposal again due to the fact: 1) the application does not comply with the Downtown Master Plan: Master Plan Strategy #3 - create smart parking sustainable and efficient that enhances since of place. Master Plan Strategy #4 - Develop smart rules that outperform current zoning & attract Desirable Development. Master Plan Strategy #5 - create a series of interconnected special places. Master Plan Strategy #6 - develop the experience -based economy of the downtown by expanding the focus on arts, culture and entertainment. 2) Does not meet the goals of the Walker Park Neighborhood Master Plan. We are already adding 1-4 units of infill to some empty lots but 111 units/acre is way too dense into our neighborhood. It would be different if it was only accessed from Nelson Hackett like what is being zoned up on N. College but this is only accessible through our neighborhood. 3) the site is not eligible for a parking discount due to the fact that it is greater than the required distance from a bus stop to qualify and over a 100' elevation rise and only picks up once per hour. 4) it is not eligible for a parking space discount for adding bike racks inside the units. Also, bike racks are not allowed in the halls or under the stairs. 5) density of the buildable area, not enough required parking and compounding a dangerous traffic condition. 6) this neighborhood already has issues with our old leaking water mains and by adding so many units will only exasperate the water lines and adding to more leaks. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 80 of 151 7) the site is removing a number of heritage trees (50) going from 48% tree canopy covered to 5%. You should not justify this massive removal by saying the development would have killed them anyway. 8) on -street parking on South St. is too close to the curve on the intersection of Nelson Hackett. Also, parking on Nelson Hackett at a dangerous curve is a site line issue. 9) the developers cover letter states that the current owners will benefit and no other landowners will be affected. This is not true. We will be adversely affected. 10) previous impervious cover was 19% and they are planning 79%. With the added street parking proposed, the streets will not be able to be adequately cleaned of leaves and debris which will cause more flooding potential. 11) with the change to Nelson Hackett and Rock St intersection, we now see more traffic traversing through the neighborhood and this will only make it worse. The proposed development would create or compound a dangerous traffic condition in which the risks of accidents involving motor vehicles is significant due to the high traffic volume and nature of the traffic pattern. We aim to preserve and protect the health, safety, and general welfare of our neighborhood, preserve and enhance the natural beauty of our streets, and create an attractive, environmentally sound and healthy landscape for our neighbors. Please vote NO to this development. Sincerely, S. Schwarting 324 S. East Ave Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 81 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 4:12 PM To: Wonsower, Donna Subject: FW: Project at the corner of Block and South St. Follow Up Flag: Follow up Flag Status: Flagged LSD-2024-0011 Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube :: l i''f 0 F� FAYE-TEILLE From: Joann Southern <joannsouthern40@icloud.com> Sent: Thursday, August 8, 2024 3:54 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Project at the corner of Block and South St. 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. I do not want 163 units on block Street. The traffic is bad enough already without 163 more people and their vehicles! I'm 84 years old and have lived here most of my life. This is not the Fayetteville I grew up with. Thankyou Joann Southern Walk this way Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 82 of 151 Wonsower, Donna From: Alison Taylor <a.n.taylor838@gmail.com> Sent: Wednesday, September 18, 2024 4:56 PM To: Wonsower, Donna Subject: Urban lofts project Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Planning Commission Members, I am a current resident of south Fayetteville living on South street. I'm writing out of concern for the proposed project to build hundreds of micro unit apartments at the end of our street. This project would not only increase traffic and street congestion on our already overcrowded neighborhood street, but would also make the neighborhood unsafe for pedestrians and children. There is already limited space due to few driveways and garages in our neighborhood forcing residents to utilize street parking and no where near the needed spots to account for the 100 extra cars trying to find parking on our streets because of inadequate parking by the developer. I fear for the safety of all the children playing outside with the increased traffic. What I love about this neighborhood is the walkability and connectedness we have as neighbors. Every day our kids are riding bikes and walking to the creek without fear of being hit by a car. This neighborhood was not designed to handle this much traffic and I plead you to consider the consequences of this large development in a small quaint neighborhood. I'm all for affordable housing, but not at the cost of creating a traffic and safety hazard for a very functional and thriving neighborhood. Thanks for your time and consideration, Alison Taylor 7 W South St Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 83 of 151 Wonsower, Donna From: Courtney Thomas <clthomas07@gmail.com> Sent: Wednesday, September 18, 2024 5:00 PM To: Wonsower, Donna Subject: comment on Urban Lofts development Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Donna, My name is Courtney Thomas, and I live at 48 E. South Street in Fayetteville. I'm reaching out regarding the proposed Urban Lofts development at South x Nelson Hackett. In short, I love living in this neighborhood for a number of reasons: - its walkability to downtown Fayetteville (cafes, restaurants, etc) and open spaces (like Walker Park) - There is a diversity of age ranges/life stages in our neighborhood -- older couples, younger couples, families, young professionals, etc. I know many of my neighbors and have positive relationships with them. - The streets are relatively quiet, and I enjoy frequent walks through the neighborhood and feel safe doing so. I observe kids and families frequently riding bikes, playing basketball, and otherwise playing and enjoying time outside in the neighborhood. Plenty of folks walk their dogs and spend time riding bikes and walking in the neighborhood. This neighborhood shines as a walkable, family -oriented neighborhood, and I would love to see it develop in a way that maintains this character as a place where folks who want to invest in the community and contribute to the character want to live. I have serious doubts that the currently proposed Urban Lofts development aligns with this character. I also have serious traffic safety concerns caused by 100 or so cars that will have nowhere to park except on our old, narrow streets that were not designed for this. I also have concerns about traffic safety problems caused by an additional 800 or more vehicle trips per day throughout our neighborhood. Thank you for your time. Best, Courtney Courtney Thomas Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 84 of 151 Wonsower, Donna From: Jan Townsley <jan.townsley@gmail.com> Sent: Wednesday, September 18, 2024 1:42 PM To: Wonsower, Donna Subject: Urban Loft Follow Up Flag: Follow up Flag Status: Flagged 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. I'm writing to share my thoughts on the Urban Loft project being proposed between Nelson Hacket and the South Square neighborhood. I'd like to thank the Planning Commission for denying the variances requested by the Urban Loft project and would like to reiterate a couple of the reasons why this is the wrong location for this development project. It all comes down to parking. If you haven't already, please take the opportunity to drive or take a walk through the adjacent neighborhood. The streets are narrow. Parking is already a challenge with driveways, mailboxes, and trash pick-up requirements. Urban Loft should not be permitted to rely on the neighborhood streets for their substantial overflow parking needs. It will cause a very significant problem that won't have any good solutions going forward. Public transportation, as it currently exists, shouldn't be counted on to take the place of a car. This continues to be either the wrong project or the wrong -size project for this piece of land. This parcel can be developed without creating an unimaginable parking problem and this needs to remain a requirement. Thanks so much for your forward thinking on this project. Appreciatively, Jan Townsley 301 S. West Ave. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 85 of 151 Wonsower, Donna From: R Vendetti <rvendetti@hotmail.com> Sent: Wednesday, September 18, 2024 3:10 PM To: Wonsower, Donna Subject: South St Apartments Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Planning Commission Members, As a resident of east South Street I wanted to express my concern over the number of units planned at the end of the street and the impact that this apartment complex will have on (i) traffic, (ii) parking and (iii) street safety for our children, not stated in order of importance. East South Street, when I moved here, had no children, but now, on this small street of 14 homes, has six kids under the age of 10... at times we have had 14 children living here! The increased volume of cars resulting from this development must be addressed in terms of street safety for the children and residents. While traffic flow/volume is a concern, so is parking. At present, the College and South Street intersection of east South Street receives upwards of eight overflow vehicles nightly just from residents and their visitors in just two of the small homes that are closest to the College and east South intersection. Although those homes were built with driveways, the private parking did not accurately account for the number of actual inhabitants, overnight guests, or out of town visitors. This overflow at the end of this small street results from just 2 single family "small homes". I cannot imagine what 150+ apartment unit will do to the street parking situation on these narrow roads already experiencing limited parking on evenings when there are Razorback games or finals. Additionally, we have small business on our street that receives up to 10 vehicles during hours of operation. Not to mention the occasional overflow from game days and Crisis Brewing. The City likely has made assumptions about what percentage of no -vehicle households would occupy the apartment building at the end of east South Street, but based on observation alone, it is clear that students in off -campus housing, and non -student renters, have cars and quite honestly need them because there is no easy access to public transportation. Neighbors discuss "parking is as if we live in Chicago or Brooklyn" yet we don't, we moved into a small residential street in a college town, we invested in this street and have often been overlooked (where were our street lights and where are our speed bumps?). We endured detour traffic and fast speeds down our narrow street without consideration of residential safety. No speed bumps were put down, cars raced to the end of the street, and the traffic noice and congestion was notable. Noting the small and narrow streets, how can the City accommodate a 150+- unit building with only —75% parking spaces, when real -life in Fayetteville informs us that we will likely have, at least, an average of 300+ vehicles seeking parking between 2-car Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 86 of 151 residents and their visitors. Permit a housing complex, clearly Fayetteville is growing, but then require that the complex accommodates for real life parking scenarios to include the fact that so many of these apartments, in spite of their size, will house more than 1 individual and will be more than 1 car households with family and friends visiting. Also, sincerely and seriously sit back and imagine 150 cars trying to find parking on your neighborhood street and honestly indicate if that causes undue and unfair stress. (And be sure to note as you imagine this, that our neighborhood is small and cramped, not nearly as expansive as some of the newer neighborhoods.) In recent years, the trend for "tiny homes" has hit our neighborhood and we have seen that just that little shift has impacted quality of life in the neighborhood. Imagining even 20 more cars on east South Street is stressful for me -1 imagine a chaotic street zipping with cars, needing to be ever vigilant with opening car doors, and crossing the streets, and delays up and down the street because the street is too narrow to accommodate parked cars and vehicles traveling in both directions, walking a few blocks with groceries and children just to get from the place where we could park our car to the house. We also have elderly persons on the street - are they expected to walk blocks to their home because they couldn't find parking on the street near their home? The idea of building apartments and not accommodating for parking seems irresponsible and is beckoning an unsafe and chaotic environment in our small neighborhood. I also expect that it will impact our resale value as we become known as the neighborhood without convenient parking. It just seems as if the Planning Commission is not making the best decision for those of us who have made our homes here and need to maintain our homes here. All of the above addresses concerns over parking, but there are also concerns over noise pollution, traffic flow, air pollution that 800 +/- one way drives up and down the street will have on our safety, health and quality of life. Another concern, of course, is providing for the safety of our children and residents — not only in terms of traffic safety, but also the increased safety that growing our small street population sixfold, from 25 to 150+ people, will require! Respectfully, R Vendetti Resident of E South Street Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 87 of 151 Wonsower, Donna From: Wonsower, Donna Sent: Friday, September 13, 2024 1:20 PM To: Tony Subject: RE: Urban Lofts Project Good Evening, The planning commission has only voted to reconsider the proposal at this point. The project was tabled at the August 26 Planning Commission in order to provide time for the applicant to re -notify the public for the September 23 Planning Commission meeting. I have reviewed the new notifications and have confirmed that the applicant has met all public notification requirements for the new meeting, The commissioners will re -discuss the proposal and any changes at that September 23 meeting. I will save your email and ensure that it is included in the packet for their consideration at that meeting. Best Regards, Donna Wonsower, AICP Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube AICP CERTIFIED A, cI Tt c F F.4VET'=_� AK4 y= The Fayetteville Planning department is currently short-staffed. Please allow a minimum of 3-5 days for staff review and response to emails. From: Tony <twappel@gmail.com> Sent: Friday, September 13, 2024 12:58 PM To: Wonsower, Donna <donsower@fayetteville-ar.gov> Subject: Urban Lofts Project 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. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 88 of 151 September 13, 2024 Dear Donna, This email pertains to LSD 2024-11, the proposed Urban Lofts housing project at the intersection of Nelson Hackett Boulevard, Block Avenue, 4th Street, and South Street being re -visited by the Fayetteville Planning Commission. I continue to oppose this project as it now stands. 1. 1 understand this topic was brought up again in a previous planning commission meeting and many commissioners had a change of heart. Why weren't the neighbors advised of this meeting? There are most likely rules that allow this. but I believe that when something of this magnitude is discussed. the affected neighbors should be notified of such a meeting! 2. 1 understand that the developer provided the Planning Commission with slick marketing material showcasing their projects in Jonesboro, Conway and Russellville. They appear to be nice communities. However, after looking at street views online, none of the existing complexes appear to adjoin established neighborhoods. They appear to be communities in and of themselves. 3. 1 understand the developer has reduced the number of proposed units. However, this reduction will not address the serious parking inadequacies and will not eliminate the very dangerous parking and traffic problems on nearby streets. During the first planning commission meeting, one of the commissioners said she would not support this proiect until Fayetteville established a parking management program. Has one been enacted since the last meeting? If not. why the sudden change of heart? 4. 1 have lived on South Street since 1997 and have witnessed the awesome re -birth of this neighborhood! With this re -birth, there has become more and more traffic. I have considered installing a functional driveway on my property so that I could park my car off of the street. Unfortunately, when there were cars parked on the street, it was EXTREMELY DANGEROUS for me to pull onto the street because the parked cars blocked my view of oncoming traffic. Having even more cars parked on South Street because Urban Lofts will not provide adequate parking for its tenants will make this situation even more dangerous. 5. 1 do not oppose apartments at this location, as Fayette Village was a neighbor for many years and parking was never a problem. Yes Fayetteville could use more housing, BUT a project of this magnitude at this location is not the right fit. 6. Please suggest that the developer reduce the size of their project so that the number of units matches the number of ON -SITE parking spaces. Thank you! Tony Wappel 11 E South Street Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 89 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 9:14 AM To: Wonsower, Donna Subject: FW: LSD 2023-011 Project at 309 S Block Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube Owen F=16:--e-- From: Tony <twappel@gmail.com> Sent: Thursday, August 8, 2024 9:09 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: LSD 2023-011 Project at 309 S Block 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. Donna Wonsower Fayetteville Planning Department Good Morning Donna, I hope this email finds you well. This email pertains to the proposed large micro unit housing project proposed for the corner of Nelson Hackett Boulevard and South Street. I am opposed to the plan as it now stands. There will be way too much traffic and too many parked cars on South Street. I have lived on South Street since 1997. As this street has many restored older homes that do not have driveways, we have had to park on the street. On at least 2 occasions since 1997, my car has been hit by oncoming traffic. I have tried parking off the street in an area of my yard that could be developed into a driveway, but when cars are parked on the street (most of the time even now), I cannot see oncoming traffic until I am off of my driveway space and in the street. This is an EXTREMELY DANGEROUS situation in which I feel like I could be hit anytime I pulled into the street. Having even more parked cars on South Street will make situations like this even more dangerous. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 90 of 151 Also, since I have lived here, there have been 2 neighbors who have had heart attacks. One neighbor died and because of too many cars parked on the street, I could not get to my house for nearly an hour; the fire truck, ambulance, police, and coroner vehicles were blocking access, as they were parked in the middle of the street. All of the excess cars that will have to park on an already busy South Street because there is no room at the nearby apartment complex parking lot will make it even more difficult for emergency vehicles to go down South Street. One other concern related to excess traffic is that we have many more children living on the street.Too many cars parked on the street will obscure the view of these children. There are many other issues with this proposed project, including very old water lines (that continue to break and flood our yards and houses) that will not support this project. do not oppose an apartment complex, as Fayette Village was our neighbor for many years and parking was never a problem. Yes, Fayetteville could use more housing, BUT a project of this magnitude at this location will prove to be a big mistake. Please consider suggesting that the developer reduce the size of their project so that the number of units matches the number of ON -SITE parking spots. Thankyou. Tony Wappel 11 E South Street Sent from my iPhone Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 91 of 151 Wonsower, Donna From: SALLY WATSON <sallymariewatson@gmail.com> Sent: Wednesday, September 18, 2024 2:05 PM To: Cabe, Matthew; Payne, Brad; marymcgetrick@fayetteville-ar.gov; Madden, Mary; Werner, Nick; Brink, Andrew; Gulley, Fred; Garlock, Jimm; Castin, Nick Cc: Wonsower, Donna Subject: Proposed Urban Lofts 72701 Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Planning Commission Members, My name is Sally Watson and I live at 37 E South St, Fayetteville AR 72701. 1 moved to Fayetteville in 2016 and bought an old home in this cute neighborhood. Children play together all the time on these blocks, just like when I was a kid. We walk our dogs twice a day around the neighborhood and many others do the same. There is a developer trying to put in a complex that will simply have too many people for the size of these roads. There will not even be a dedicated onsite parking space for each unit. That's insane, there will be at least one car per unit without a doubt. Myself and others in our neighborhood have legitimate concerns about the safety of this development plan. 1-Chaos and traffic safety problems caused by 100 or so cars that will have nowhere to park except on our old, narrow streets that were not designed for this level of traffic. Already it is difficult for city service vehicles and delivery vehicles to squeeze by if there are cars parked on both sides of our street. And my street is the widest in the neighborhood! Some streets you can only park on one side and that is very limited as you cannot block mailboxes or driveways. 2-Chaos and traffic safety problems caused by an additional 800 or more vehicle trips per day throughout our neighborhood. Like I stated above this is a very well lived neighborhood. Children play, people walk everyday. If we have 800 plus more trips through this neighborhood we will without a doubt put children at risk, cause delays in essential services, and congest tiny streets that cannot handle that level of traffic. It will without a doubt create a serious safety hazard. Please take the concerns of myself and my nieghbors into account when considering this development. This neighborhood can handle modest infill, but the proposed level is insane. Whatever ends up being built needs to have at a minimum one on site parking spot per unit. Minimum. Our streets will still be filled with visitors and second cars for the units. But they can't build a giant complex without providing enough in site parking for the residents. I appreciate your time and attention. Sincerely, Sally Watson Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 92 of 151 Wonsower, Donna From: Bruce Welsh <bwelsh01@gmail.com> Sent: Thursday, August 8, 2024 12-23 PM To: Planning Shared <planning@fayetteville ar.gov> Subject: 309 S. Block Avenue LSD 2024 011 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. Dear Ms. Wonsower: I'm writing out of concern that the construction project at 309 S. Block Avenue will negatively impact emergency fire and ambulance services, trash/recycling pick-up, mail delivery, street cleaning/repair, water and sewer infrastructure, existing resident street parking, traffic flow, and overall traffic safety in the south Fayetteville neighborhood near the project. The project, for many reasons, appears to fall short of meeting the criteria of Fayetteville's Downtown Master Plan. expect to see the above -stated concerns addressed in detail by the City Planning Commission at the upcoming Monday meeting. Thank you. Sincerely, Bruce L. Welsh, DDS 50 East 5th Street Fayetteville, AR 72701 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 93 of 151 Wonsower, Donna From: Bruce Welsh <bwelsh01 @gmail.com> Sent: Wednesday, September 18, 2024 1:33 PM To: Wonsower, Donna Subject: Urban Lofts Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Ms. Wonsower: I'm writing in regard to the Urban Lofts project in south Fayetteville.The developers want to build 163 very small studio apartments, but only provide about 60 on -site parking spaces. I'm concerned that the apartment complex will create at least two very serious traffic and safety hazards. 1- At least 100 cars will have no place to park except on already crowded narrow neighborhood streets. 2-There will be at least 800 additional vehicle trips per day (Federal transportation data) on these older, narrow streets that were never designed for that much traffic. The apartments will have no vehicle access to Nelson Hackett, only to Block Avenue and Fourth Street, and both streets are old and narrow. The additional traffic flow will adversely impact traffic safety in this residential family -oriented neighborhood. If 800 more vehicle trips per day are added to these already overcrowded streets, children, pets, pedestrians, bicyclists, and, of course, automobiles will all be in increased danger. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pace 94 of 151 Through the Walker Park Neighborhood Master Plan, adopted in 2008, the city has been nurturing and protecting our neighborhood for at least 16 years now. As they had hoped, our neighborhood has blossomed into a very desirable place to live. Gentle density and the organic approach in the Walker Plan have allowed individual properties to develop overtime, promoting the overall success of housing in our town. All this success could be lost with the Urban Lofts project on this site in this neighborhood. I hope the commission will consider the negative impact of this project on the safety and health of one of Fayetteville's most desirable neighborhoods. Sincerely, Bruce L. Welsh, DDS 50 E. Fifth St. Fayetteville, AR 72701 2 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 95 of 151 Wonsower, Donna From: Planning Shared Sent: Friday, August 9, 2024 8:17 AM To: Wonsower, Donna Subject: FW: 309 S Block Ave / LSD-2024-011 Project Meeting LSD-2024-0011 From: Richard Berquist <berquist@mac.com> Sent: Thursday, August 8, 2024 6:32 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Gina Berquist <ginaberquist@mac.com>; Marriah Berquist <marriahcorrinne08@gmail.com> Subject: 309 S Block Ave / LSD-2024-011 Project Meeting 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. Dear Planner Donna Wonsower ... this communication is in regard to the 163 unit Large Scale Development at 309 S Block, awaiting approval by the Planning Commission. I was unable to attend the first meeting of the City Council about this project but I most definitely wish my comments to be heard. We have owned the property at 33 E 4th Street since 1982. We are two blocks away from the development, on a street most certainly will become a thoroughfare to the 163 units. Our family has lived in that house since then and still does. My wife's parents retired their in the early nineties and have since passed on. My wife and I lived there with our first daughter. My wife's disabled brother lived there until his passing. Currently, our daughter and 3 young grandchildren live there. Their ages are 12, 8 and 6 years old. This place has been a true neighborhood for my family and our many neighbors. This neighborhood includes a very diverse group of people of all ages; professionals, working class , students and retired citizens of Fayetteville, i.e., educators, artists, musicians, dance and martial art instructors, bankers, city employees, craftsman and tradesman, University of Arkansas staff etc. We believe that this Large Scale Development , as described in the plans, in our neighborhood will not be an improvement or enhancement in any way. Quite the contrary, we believe it will introduce many unnecessary problems. The FIRST and PRIMARY problem my family has with this project is TRAFFIC SAFETY. The likelihood of an enormous increase in traffic puts my three granddaughters and their many friends at great risk. With 300-400 sq ft units, this 163 unit dormitory -like housing will most likely attract student tenants and their friends and acquaintances without benefit of University oversight. The increase in traffic will be very threatening to the children in this neighborhood. They are accustomed and habituated to living with, traveling thru, playing in and accommodating a neighborhood with far fewer cars than will arrive with the construction of this 163 unit development... by a factor of at least 4. And the addition, to this neighborhood, of so many new young drivers will add another dimension of risk as well. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 96 of 151 Also, Emergency, Fire and Ambulance services will be impacted gravely, as will other services like Trash Pick-up, Street Cleaning and Mail Delivery. And much additional street parking will be required to accommodate a doubling or tripling of street side parking. Then consider the increase in toilet / sewer services on a very old City Sewer system. That would be a tripling or more of sewer capacity.... In summary, I can not think of single benefit this dormitory -like project will bring to this neighborhood. But it is very clear to me and my other neighbors that GREAT TRAFFIC RISK will arrive in our neighborhood with the arrival of this 163 micro efficiency Large Scale Development. Thank you for your consideration. I hope to see you on Monday. Richard and Gina Berquist Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 97 of 151 Wonsower, Donna From: Richard Berquist <berquist@mac.com> Sent: Wednesday, September 18, 2024 2:12 PM To: Wonsower, Donna Subject: 309 S Block Ave / LSD-2024-011 Project Meeting 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. Dear Planning Commission Members ... this communication is in regard to the Large Scale Development proposal at 309 S Block Street which we are ABSOLUTELY OPPOSED to. We have owned the property at 33 E 4th Street since 1982. We are two blocks away from the proposed development, on one of three streets that most certainlywill become thoroughfares to this project. Our family has lived in that house since then and still does. My wife's parents retired their in the early nineties and have since passed on. My wife and I lived there with our first daughter. My wife's disabled brother lived there until his passing. Currently, our daughter and 3 young grandchildren live there. Their ages are now 13, 8 and 6 years old. This'South of the Square' part of the City has been a true neighborhood for my family and our many neighbors. This neighborhood includes a very diverse group of people; educators, artists, musicians, child care professionals, bankers, city employees, craftsman and tradesman, University of Arkansas staff etc. We believe that this Large Scale Development in our neighborhood will NOT be an improvement or enhancement in any way whatsoever and will make NO CONTRIBUTION to the quality of life we enjoy. Quite the contrary, we believe it will introduce many unnecessary and dangerous problems. The FIRST and FORMOST problem my family has with this project is Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 98 of 151 TRAFFIC SAFETY. The likelihood of an ENORMOUS INCREASE IN TRAFFIC puts my three granddaughters and their many friends at great risk. This dormitory -like housingwill certainly attract student tenants and their friends and acquaintances without benefit of University oversight. There are currently about 30 elementary age children and younger who reside here who have no familiarity with the kind of traffic this project most certainly will produce in their neighborhood. This will be absolutely overwhelming and dangerous to these children. They are accustomed and habituated to living with, traveling thru, playing in and accommodating a neighborhood with far fewer cars than will arrive with the construction of this 163 bed development... by a factor of at least 8. And the addition, to this neighborhood, of so many new YOUNG COLLEGE AGE DRIVERS will add another dimension of risk as well. Also, Emergency, Fire and Ambulance services will be impacted gravely, as will other services like Trash Pick-up, Street Cleaning and Mail Delivery as flood of street side parking occurs. Then consider the increase in toilet / sewer services on a very old City Sewer system. That would be a tripling or more of sewer capacity for this vintage neighborhood. In summary, I can not think of single benefit this dormitory -like project will bring to this neighborhood. But it is very clear to me and my other neighbors that GREAT TRAFFIC RISK will arrive in our neighborhood with the arrival of this 163 bed Large Scale Development. Thank you for your consideration in this matter. I hope to see you on Monday, Sept 23. Richard and Gina Berquist Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 99 of 151 Wonsower, Donna From: Bayard Blain <bayardguitars@gmail.com> Sent: Wednesday, September 18, 2024 2:46 PM To: Wonsower, Donna Subject: Urban lofts development 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. Hello planning commision members. My name is Bayard Blain, resident of 19 East 4th street Fayetteville, since 2011. 1 have 3 children who have growm up here and we've watched a rough neighborhood become a great place for kids and families. This development poses serious concerns with safety and parking and congestion in our neighborhood. The lack of proposed nessessary parking would compromise everything our neighborhood is valued for. 4th street is already problematic in that it's narrower than East and south streets so people have learned we only park on one side or emergency vehicles and mail trucks can't come on through, imagine adding a 100 cars trying to find parking as well. The proposed 800 vehicle trips a day don't factor in cars going in circles looking for parking and creating further problems. We know some kind of development will happen, but everyone in the neighborhood is against this, that I know of, except one person with financial ties. We who live here would like see a development that incorporates obvious parking needs for residents and doesn't try to maximize their profit margin by compromising the safety and flow of our neighborhood. This project would be a parasite on our neighborhood, taking everything like location and safety and downtown accessibility to later charge accordingly for that, while expecting the neighborhood to absorb their development excess. This project takes from us here and gives us back nothing. Lets please not let Fayetteville development be ruled by greedy parties looking to profit off the good name of our town. Thanks Bayard Blain Owner operator of Bayard Guitars 19 E4th st Fayetteville AR 72701 4792005074 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 100 of 151 I am expressing my concern with the development plans for the Urban Lofts apartment complex. While I did not submit comment the first time this issue went before the Planning Commission, I am moved to share my thoughts after hearing the developers will be allowed to have their proposal reconsidered. I oppose this development and ask the Commission to again vote down the proposal. It is my opinion that this development, while scraping by the letter of the law via multiple variances, poses a threat to the neighborhood due to the traffic/parking problems generated by the extreme density and inadequate vehicular accommodation. We have already expressed a target of —50 units (using the current single -bedroom model) is welcomed by the neighborhood, and could fully accommodate all parking. Background am a resident at 24 E 5th St., along with my wife and 3-month-old child. My wife has lived in this neighborhood on -and -off since birth and has had such a pleasant experience that we chose to raise our family here. We know of at least once family with young children on (literally) every single street and know this because we walk the entirety, including past this development property, each week. It is highly likely we will run across at least a half dozen others walking on any given day —we feel safe walking our families day and night and are a connected community. Existing Parking/Traffic Issues There are already negative parking and traffic concerns that affect us daily. • High speed traffic cuts across E/W South St, as those outside the neighborhood cut through. There is already spillover parking on E. South St from new developments on S. College Ave (see attachment 1). These small homes have parking (just as the Urban Lofts will, to a degree), but the residents instead choose to park in our neighborhood out of convenience. • Periodic events at Crisis Brewing Co. results in parking on both sides of the street, covering the entire extent of South St, much of 4th St, and both Block Ave and East Ave all the way to 5th St. Street Width and Concerns Regarding Emergency/Delivery Vehicles Neighbors have expressed concern over emergency and delivery vehicles being restricted by parking. If the Urban Lofts cannot fully accommodate all vehicles, these concerns are Likely to be recurring reality. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 101 of 151 Today, I parked on W 4t" St/S Block St and took a picture of my vehicle parked across another. A UPS driver was unable to pull his vehicle between, so got out to ask me to move. But what if I wasn't there? What if it was an ambulance or fire truck? The street is 20 feet in width. I measured the two vehicles at 75" in width. This left only 90" between the vehicles- too small for large vehicles to pass between! (See attachments 2-4). (For reference, the approximate widths of large vehicles that would be unable to traverse: • Ambulance: 98" (common Braun Type I & III on Ford chassis) • Fire Truck: range from 96"-120" • UPS box truck: 95.5") Developer's Letter The developer has submitted a letter to the Commission stating three "compromises as a show of good faith in support of our earnest hope to be good neighbors." I feel their points lack merit and are intended only as an empty gesture that attempts to placate Commissioner and resident concerns: • The developer claims "it's important to point out that we are proposing more affordable 1-bed units." However, their single -bedroom units at their Jonesboro and Russellville complexes range from—$1,250 - $1,900 a month. Do you consider that "affordable?" There are numerous entire houses in the neighborhood with lower rents. • They make a point on flexibility of their 1-bed vs 2- and 4- bed unit types, but this is a red herring, distracting from the concerns stated by neighbors. • Point 3 claims "a commitment to fully manage parking that encourages car -free renters," but provides no details. "Compromises" include: • "Providing a discount on monthly rent for renters who do not require a parking spot." i. Reality: This only encourages people to street park, instead of pay for garage use. ii. Indeed, savvy renters can simply get a discount on rent by claiming to not require a spot, and simply park on our streets for free, without enforcement. • "Clearly stating in our lease agreements that renters should not plan to use on -street parking in the area as an alternative to our on -site accommodations." Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 102 of 151 i. Reality: They will ask renters to make a "scout's honor" promise, which is entirely unenforceable. • There is no accounting for Guest parking. I have not heard this mentioned, but it can be presumed any of the +6-3-138 residents' guests will street park. The developer concludes "we would like to further request that the item be tabled to the next meeting to allow us sufficient time to notify members of the public." As a member of the public and this neighborhood, I can definitively state I have not been notified by the developers of their request to re -hear the application, nor of this public meeting, counter to their claim of offering these "in good faith." In Conclusion: We are a young family that currently rent and hope to buy a home but cannot yet afford it. Due to high prices in Fayetteville, we support infill, including in our neighborhood! It is already happening, with townhomes on small lots already replacing single family homes on larger lots. We are not opposed to a larger development on the lot in question, but feel the density is far too high and brings a host of problems. As stated in the first meeting, reducing the development to a target density of —50 units (assuming the same single -bedroom model) is our goal. Sincerely, Johnie M Cagle Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 103 of 151 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 104 of 151 Wonsower, Donna From: Wonsower, Donna Sent: Wednesday, August 7, 2024 2:53 PM To: Roselyn Cicerone Cc: Horton, Andrew; Boyd, Melissa Subject: RE: Parking Examples (LSD-2024-0011) Good Afternoon, I recommend reaching out to engineering and/or the fire marshal's office for any questions specific to fire access or street turning (copied here). Both have reviewed the request for compliance with street standards and fire access and would be better equipped to discuss how the proposed development may impact adjacent streets. What I can say is that the development appears to be meeting ordinances and that, if approved, the plans will also go through a more detailed review by all departments with grading permit. Best Regards, Donna Wonsower, AICP manner, ueve AICP CERTIFIED nent Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube CIT-f Gr FAYETTEVILLE NVO A&RW A 4SAIS From: Roselyn Cicerone <ciceroner@gmail.com> Sent: Wednesday, August 7, 2024 2:47 PM To: Wonsower, Donna <donsower@fayetteville-ar.gov> Subject: Re: Parking Examples 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. None of these examples are as extreme as what you're proposing for this project. None of them are relying on narrow neighborhood streets for overflow. Your proposed fix for the streets doesn't actually add parking. As it is, it's questionab;e as to whether a fire truck could get through these streets without wiping out a parked car. On Tue, Aug 6, 2024 at 5:17 PM Wonsower, Donna <dwonsower@fayetteville-ar.gov> wrote: Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 106 of 151 Good Afternoon, Please see below for some examples of other large multi -family developments. Please note that parking counts for multifamily dwellings are calculated by bedrooms, not the number of units. I have used that metric below for a more direct comparison. The proposed development on Nelson Hackett has 163 bedrooms on 1.3 acres, or roughly 125 bedrooms per acre. Examples • Atmosphere Apartments 0 640 bedrooms on 3.41 acres (-188 bedrooms per acre) 0 382 vehicle spaces + 42 motorcycle + 120 bike racks • Cardinal Apartments 0 480 bedrooms on 2.75 acres (-174 bedrooms per acre) 0 391 parking spaces + 33 motorcycle spaces + 100 bike racks • The Academy at Frisco Apartments 0 673 Bedrooms on 2.96 acres (-227 bedrooms per acre) 0 625 vehicle spaces + 72 motorcycle/scooter o Plus 8,800 square feet of commercial space Each of these examples includes a parking garage, as does the proposed developmetn on Nelson Hackett. Please feel free to contact me with any questions. Best Regards, Donna Wonsower, AICP Planner, Development Services 0 AICP CERTIFIED 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube ":F L_E U om 2 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 107 of 151 Wonsower, Donna From: Katherine Cloud <katherinecloud@gmail.com> Sent: Wednesday, September 18, 2024 4:14 PM To: Wonsower, Donna Subject: Regarding Urban Lofts on Nelson Hackett 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. Dear Planning Commission Members, My name is Katherine Cloud and I live at 62 E. 5th St. I have lived in this neighborhood since 2014. The best part of this neighborhood is that it is a safe neighborhood. While I am in favor of increased housing and new builds in this neighborhood, I am extremely concerned about the proposed plans for the apartment complex in our neighborhood. While I have a number of concerns, the most important is safety. The streets in our neighborhood are narrow and can handle very few additional vehicles parking on the street. The streets are so narrow that only once side of the street can be used for parking. In the rare case that cars are parked on both sides it is dangerous for drivers and especially delivery and service vehicles to get through. The street parking is further limited by the driveways. If a car parks on the opposite side of the street from a driveway, the driveway is effectively blocked, as there is not enough space for the homeowner to back out of their driveway with someone parked across from the driveway. Additionally, space must be left between the corner stop signs and the cars parked, or it creates hazardous blind spots at the intersection, which can cause a traffic jam or accidents with only a few cars. The reason we are making it work now is that we know our neighbors and are considerate of these issues. There is very little space available for additional cars to park on the street due to the factors mentioned above. The proposal is about 100 parking spaces short. There are no places for these additional cars to park. Additionally, this is a quiet residential neighborhood. The additional traffic of so many new vehicles including the residents and their visitors and guests will effectively make our narrow streets into busy thoroughfares. With the blind spots, and the street parking, service vehicles, and delivery trucks, this many additional cars will create safety issues. While I support growth and new housing in this area, in this neighborhood, the scale of the project is poorly planned, with far too many units and a serious lack of parking. Variances can and should be granted for reasonable requests. However these requested variances are not reasonable nor necessary. There are a number of reasonable plans that could be proposed for this property without the need for so many variances, without creating safety issues. There is no valid reason to grant these variances when the developers could simply propose a plan that fits within current city ordinances. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 108 of 151 Please consider the safety of this historic neighborhood and vote against these variances. Sincerely, Katherine Cloud Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 109 of 151 Wonsower, Donna From: Matthew B. Day <matthewd@uark.edu> Sent: Wednesday, September 18, 2024 4:39 PM To: Wonsower, Donna Subject: Urban Lofts project on Nelson Hackett 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. Dear Planning Commission Members, Hi, I am Matthew Day. I live in the house that mywife and I own on South Block Avenue just north of MLK. I am writing because I am concerned about the planned Urban Lofts project at the corner where Nelson Hackett, South street, and Block Avenue come together. The parking and traffic on the street is already problematic and the planned development would make it worse. Often people park on both sides of the street, and visibility is not good, and there isn't enough room for two-way traffic. The planned development would make this worse. I commute by bicycle and on foot, and increased traffic on Block Ave would make this more dangerous (I was already in a back brace for three months this year due to an accident while commuting in the neighborhood). The sidewalks are overgrown and unreliable, so people often walk in the street here, and increased traffic would certainly result in injuries. I haven't heard about any plans from the city to improve the streets or sidewalks in this neighborhood, and if this development goes forward as is, this will be an urgent need. Don't allow these developers to dump a huge load of traffic and parking on a street system that can barely handle the current load. Best regards, Matt Day (p.s. Hi Donna! I hope you are doing well.) Matthew Day Associate Professor Department of Mathematical Sciences University of Arkansas Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 110 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 8:33 AM To: Wonsower, Donna Subject: FW: Large scale apartment project on South Block street. LSD 2024-001. Concerning LSD-2024-001 1 ? Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube Owen F=16:--e-- From: Franklin Evarts <fevarts56@gmail.com> Sent: Wednesday, August 7, 2024 9:34 PM To: Planning Shared <planning@fayetteville-ar.gov>; Mayor <Mayor@fayetteville-ar.gov> Subject: Large scale apartment project on South Block street. LSD 2024-001. 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. City of Fayetteville Planning Commission, My name is Franklin Eva rts. My wife Louise and I have lived at 11, West South Street for nearly40 years. In this time we have seen many changes, and quite a bit of new development and growth in our neighborhood, the majority of it being good and well thought out. Twenty years ago there were hardly any children around and a good percentage of the properties were rentals. Now there are many families buying properties because of the unique eclectic, friendly, diverse qualities of our little neighborhood. There are families walking with strollers and many kids playing in the streets. We are firstly concerned about safety, especially for the neighborhood children and then our own personal property. The apartment proposal is much too large as is. South street, which the development will border, was the main thoroughfare from Nelson Hackett and South College while all the traffic calming work was being done and there was so much traffic, and cars constantly were traveling way too fast. That was temporary. Many of the homes on South street have no driveways so street parking is our only choice; this makes the street even more narrow. When there are cars parked across from each other only one car can pass through at a time. I am very concerned about the safety of the pedestrians especially kids that are always on the street. There is a sidewalk on only one side of the street, and we are very concerned about such a large increase in traffic and potential overflow parking. We worry about the infrastructure of the neighborhood. The water main lines and sewage lines are repeatedly being repaired. The streets are too small and narrow to accommodate a large influx of new traffic. We understand that neighborhoods Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 111 of 151 change. The proposed development is much too large and will negatively change our and many of our neighbors lives dramatically. Louise and I want to go on record to say we are not against safe, thought out, practical development. Please consider these concerns when making your decision. Thankyou very much for your time and work for the city. Sincerely, Franklin Evarts and Louise Rozier Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 112 of 151 Wonsower, Donna From: darlene graf <grafhouse7@gmail.com> Sent: Thursday, September 12, 2024 6:31 PM To: Wonsower, Donna Subject: Re: Nelson Hackett micro efficiency lofts Follow Up Flag: Follow up Flag Status: Flagged 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. My main concern about this project is it's "non -consolidated" housing --meaning each separate unit (of 163) has a separate impact on parking and traffic. As a neighbor right up the street on South, I don't think the logistics of this fare well. Very short sighted. Sincerely, Darlene Graf 7 E. South St., 72701 On Thu, Aug 8, 2024 at 9:32 AM Wonsower, Donna <dwonsower@fayetteville-ar.gov> wrote: Good Morning, I have saved your email to the project folder and will ensure that it is included in the Planning Commission packet for the commissioners' review. Best Regards, Donna Wonsower, AICP Planner, Development Services 0 AICP CERTIFIED 479-575-8358 1 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 113 of 151 Wonsower, Donna From: darlene graf <grafhouse7@gmail.com> Sent: Wednesday, August 7, 2024 11:14 PM To: Planning Shared <planrnng@fayetteville-ar.gov> Subject: Nelson Hackett micro efficiency lofts 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. Hello, I am writing in regards to this proposed project that borders Nelson Hackett, Block, 4th, and South St. I live on South Street. I am concerned about the size of this project and the influx of traffic thereof and lack of consideration for adequate parking. Where will that many residents (163 apartments) park their cars? The proposed plan for parking is minimal leaving the residents of these streets having to navigate the overspill of apartment parking. This will also affect the swift movement of emergency vehicles when needed and trash pick-up, postal delivery: cars blocking every available curb space. I am also concerned about infrastructure: mainly water. Will the city be proactive in replacing the old pipes with newer ones that could sustain the stress of that much more added use? The pipes in front of my house have broken twice in the last two years, flooding my crawlspace. The size of this project, without measured thought into the logistics of parking and traffic safety, is very short sighted. This needs to be addressed or this addition will be detrimental to the function/saftey of our neighborhood. Sincerely, Darlene Graf (7 E. South St.) i Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 114 of 151 Wonsower, Donna From: Sent: To: Subject: Follow Up Flag: Flag Status: Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Shared Thursday, August 8, 2024 4:58 PM Wonsower, Donna FW: Property LSD-2024-011/Donna Wonsower Follow up Flagged Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube V4V From: Deborah Griffin <marigoldpgtc@gmail.com> Sent: Thursday, August 8, 2024 4:54 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Property LSD-2024-011/Donna Wonsower 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. To: Fayetteville Arkansas Planning Commission Members I am writing in reference to a proposed development (LSD 2024-011) in my neighborhood, located one block from my home. I am strongly opposed to this! This development offers only monetary gain for the property owner. It in no way fits into our neighborhood. 163 micro units, 106 parking spaces (not all for cars) in NO way fulfills the need for housing. It only services the University's students and does not benefit our neighborhood. In fact, it adversely affects our neighborhood and does not meet the Downtown Master Plan's objectives. This neighborhood is old ... the infrastructure is old. We have narrow streets and when cars are parked on both sides of the street (which this development would necessitate) emergency vehicles, fire trucks and ambulances cannot pass, putting us all at risk. Our neighborhood has older people and children, lots pets .... the increased traffic would pose a danger to us all! With all those cars parked in our streets, the residents would lose space for visitors, or an extra vehicle, and mail service, trash and recycling pick up, street cleaning would be next to impossible. Our neighborhood needs homes for residents not just for students. I do not understand why the trend in development favors only students. There is a loss of quality, beauty and neighborliness in the Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 115 of 151 development trends in this town. The housing of University students is the University's issue if they are not going to cap enrollment each year. Please don't let this trend to provide student housing ruin our city. Older people who want to be in town and downsize and young families who have jobs here, and people with lower income levels have no where to go because the current building trends do not provide appropriate housing for them! The infrastructure needs to be updated and addressed to meet the city's increasing population.... a population that does not just consist of students. Our city is greatly impacted by the increasing number of cars on our streets. We do have rental houses in our neighborhood that are rented by students and they benefit by having a neighborhood where we know each other if only to wave because we recognize each other. It fosters good will and a positive quality of life for all. The proposed development would diminish our quality of life. There has already been a code change of a property to RI-U just a block or so from this proposed development. That is going to change things dramatically .... we DO NOT NEED this 163 unit "dormitory" with no parking to further ruin our neighborhood. I ask you to please consider the people of this neighborhood. Please do not allow this development! Thankyou. Sincerely, Deborah Griffin, M.Ed., L.P.C. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 116 of 151 Wonsower, Donna From: Planning Shared Sent: Friday, August 9, 2024 8:17 AM To: Wonsower, Donna Subject: FW: comments re: 309 S Block Avenue proposed project LSD-2024-0011 From: Gwyn Hill <gahi117777@gmail.com> Sent: Thursday, August 8, 2024 7:42 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: comments re: 309 S Block Avenue proposed project 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. Dear planning committee, I am a Fayetteville resident living near the proposed building at 309 S Block Ave and I am very concerned about the project. The proposal shows that there are 162 units but only 106 parking spaces, which means there aren't even enough spaces for all the people who live there, let alone any visitors they might have. I live only a block away, at 108 W 5th St., and my house doesn't have a driveway, so I have to rely on street parking. If residents from this new building don't have enough spaces for their cars in their parking lot, they will park in the street and I may not have a place to park my car in front of my own home if I get home late in the evening. The streets are also very narrow and I am worried about traffic safety and the safety of the neighborhood children. My next door neighbors both have kids who skateboard and play ball in the street because they are used to very little street traffic, and they aren't used to having so many cars around. Our street currently has very few cars that drive by and these kids have gotten used to being able to play in the street. I am worried that they will still go out there to play even with increased traffic because they have been able to do so for their whole lives and it's habit for them, but they won't be as safe anymore. There are also several places with lots of shrub overgrowth that grows right up to the edge of the street and creates blind corners and the increase in traffic with so many new residents will make these blind corners much more dangerous. This project should be scaled back so that there is room for more parking on site and there are at least as many parking spaces as there are units, if not more, to account for visitors to the building. This will also lead to less overflow parking and traffic into the neighboring streets. Thank you for taking time to listen to my concerns! Warmly, Gwyn Hill 108 W 5th St. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 117 of 151 Wonsower, Donna From: Masters, Jessica Sent: Monday, August 12, 2024 3:23 PM To: Wonsower, Donna Subject: FW: LSD 2024-011 Public Comment In Support LSD-2024-0011. Can you please respond and file away in the project records? Thankyou! Jessie Jessie Masters, AICP Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube -----Original Message ----- From: Casey Hoffman <cmbrewe@gmail.com> Sent: Monday, August 12, 2024 3:18 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: LSD 2024-011 Public Comment In Support 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. Hello, I'm a resident at 3 E 4th Street and am in favor of LSD 2024-011 scheduled for the Planning Commission meeting today, 8/12/24. Our city is in desperate need for more non single-family housing types, especially within walking distance to services and goods. This site is an excellent location for multi -family housing as it is close to downtown and other civic resources such as the Fayetteville Public Library and Razorback Greenway trail system. The number of units and parking ratio is not a concern for me. The surrounding streets have a lot of on -street parking already available and it would be encouraging to see more of the on -street parking utilized. It's become apparent that when cars are parked along the narrow streets of 4th and East, traffic speeds go down and the street is safer for kids to play (and they do!). If during a declared housing crisis, we can't put apartments directly on highway 71B, inside of the downtown masterplan, where exactly can we put them? I look forward to welcoming more neighbors to the Jennings Plus neighborhood, Casey Brewer Hoffman Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 118 of 151 Wonsower, Donna From: ron@fayettevilledoordoctor.com Sent: Tuesday, September 17, 2024 4:12 PM To: Wonsower, Donna Subject: Urban Lofts project on Nelson Hackett Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Ms. Wonsower, As concerned residents of the South Square neighborhood we are asking you to require the developer to dramatically scale back the Urban Lofts project on Nelson Hackett! The developers sent a letter saying that they have made changes to the project, but please don't allow yourself to be fooled. None of the things mentioned in the letter will do anything to fix the multiple traffic safety issues that the project will create. The developers say that they have reduced the number of units from 163 to 138, but a look at the recently resubmitted plans clearly shows that they have just combined some units together, but the number of bedrooms has only been reduced by a very few (8). Therefore, the number of cars the residents will bring to the apartments are still almost the same. The recently resubmitted plans unfortunately show no increase in on -site parking. This means that there will still be at least 100 cars that will have nowhere to park except on the narrow, older streets that already have cars parking on them. Current residents often have trouble finding parking that's not blocking driveways, trash carts, recycle bins, mailboxes, etc. There will still be 155 bedrooms, but only about 60 on -site parking spaces! Furthermore, there will still be at least 800 additional vehicle trips per day (Federal transportation data) on these narrow, older streets that were never designed for that much traffic. In their letter the developers say that they will commit some of their units to low-income residents. This is meaningless and unenforceable. At the 8/26 Planning Commission meeting the City Attorney clearly stated that this is illegal; she said that Arkansas state law will prevent this from being enforced. In the letter the developers also say that they have a plan to manage parking. Except for the designated ride sharing drop-off zone, the other points are also meaningless and unenforceable. Everyone in our neighborhood is very concerned about how this project is being forced upon us. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 119 of 151 The project site is zoned Downtown General, but because of the site's steep slope and the curve on Nelson Hackett the apartments will face and adversely interact with the fragile neighborhood instead of facing the primary street as is best practice in Downtown General projects. A careful look at the plans shows that there is a 12' to 6' deep and 24' to 8' wide pit right next to the sidewalk that is next to Nelson Hackett. This is not only a dangerous traffic hazard but it's also ugly! Moreover, this excessively deep and wide pit works against the city's future plans to make Nelson Hackett attractive, safe, and inviting. The apartments will have no access to Nelson Hackett- only to Block Avenue and Fourth street, and both streets are old and narrow. And all the Urban Loft's residents on -street cars and traffic mean that residents, delivery vehicles, fire trucks, and ambulances will have difficulty getting through the streets which will further compound the traffic hazard. It's just common sense that if you overpack the streets with parked cars and then add 800 more vehicle trips per day to these overcrowded streets children, pets, pedestrians, bicyclists, and of course car drivers will all be in danger. Also, the South Square neighborhood is already doing its share to help with Fayetteville's housing shortage. As an older house is removed, it's being replaced with two, three, or four new houses (which puts additional parking and traffic pressure on the old, narrow streets. The Urban Lofts apartments density will be much more than 100 units per acre and will be right next to our neighborhood that is almost exclusively no more than 10 units per acre. There is no buffer zone (as is best practice). Most of the Urban Lofts residents will not stay there for very long. These apartments will be like an extended stay hotel and/or a student dormitory. All the units are furnished and nearly all are hotel room size. The project needs to be dramatically scaled back to less than 60 units. This would allow a minimum of at least one full size on -site parking space for each bedroom of each unit. The Urban Loft Company is a chain, they already have four similar complexes. Two in Jonesboro, one in Russellville, and one in Conway. All four of their existing complexes are in settings completely different than the one that they have chosen in Fayetteville. They are all on flat land, all have plenty of room for all their residents to park on -site, and all are in nearly empty areas. Look at theurbanloftco.com to see what the developers want to force into our neighborhood. Check out Google Maps and look at where each project is and what is (and isn't!) around it. Google Street View will give an even better look. The city has been nurturing and protecting our neighborhood for at least 16 years now (Walker Park Neighborhood Master Plan, adopted in 2008). As they had hoped, our neighborhood has blossomed into a very desirable place to live! Gentle density and an organic approach in the Walker Plan have allowed individual properties to develop over time promoting the overall success of housing in our town. All this success will be lost with the Urban Lofts project on this site in this neighborhood. We've got a lot to lose if these out-of-town developers are allowed to take advantage of us and force their project into our fragile neighborhood. My wife and I have lived in and owned property in the South Square neighborhood for 30 years. Our daughter, son-in- law, and our granddaughter live in a house that we own at 24 E. Fifth Street. We have many friends in that neighborhood that have a lot invested there. Please stand with the neighborhood and require the developer to dramatically scale back the Urban Lofts project on Nelson Hackett! Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 120 of 151 I would be glad to provide more information or answer any questions that you have. I really appreciate you taking the time to read this and would welcome an opportunity to speak or text with you. I'd really like to meet you at the project site and show you why this special neighborhood deserves your support! Sincerely, Ron Hollinghead 479-236-0842 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 121 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 5:27 PM To: Wonsower, Donna Subject: FW: Please take the time to reconsider the Urban Lofts apartments on Nelson Hackett! LSD-2024-0011 From: ron@fayettevilledoordoctor.com <ron@fayettevilledoordoctor.com> Sent: Thursday, August 8, 2024 4:59 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Please take the time to reconsider the Urban Lofts apartments on Nelson Hackett! 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, My name is Ron Hollingshead and I'm writing on behalf of my daughter, son-in-law, and their infant daughter who live in the house that we own at 24 E. Fifth Street. I'm also speaking on behalf of the many neighbors who are also concerned about this project. Before it's too late, please take another (and much more careful look) at the plans for the Urban Lofts project on Nelson Hackett Boulevard before this Monday's Planning Commission meeting. Be sure to consider the harmful effects that a project of this size will have on the surrounding fragile neighborhood. The Fayetteville Planning Department, including Donna Wonsower, who is the planner for this project, needs to ask more questions and reconsider the approval of this LSD. We request that for several safety and health reasons the development needs to be scaled back or modified so that there is at least 1 on -site full-size parking space for each bedroom of each unit. (This can't include compact parking spaces, motorcycle parking spaces, on street parking spaces, nor waivers for bicycle parking/racks, or for bus stops that are more than a quarter mile away) Please look again at the plans- they contain many problems with parking. Everyone who lives in that neighborhood knows this development would be a terrible mistake. We all agree that the city needs more affordable housing, but let's not sacrifice a functioning, cohesive, desirable, and affordable neighborhood in the process. In its current form this project is certain to create serious ongoing safety, traffic, and health issues. The city and its residents will be forced to deal with these problems over and over. This is because the proiect is at least 100 parking spaces short of what it needs. The housing lots and streets in this old neighborhood were never designed for that much on street parking. There isn't any way that the neighborhood can accommodate an additional 100 or more cars parking on the street. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 122 of 151 It's already not easy to find on street parking in the neighborhood. This is because residents are already using a lot of the on -street parking spots, and there are so many driveways and other curb cuts that there aren't many additional on street spots left. We ask that both the city staff and the Planning Commissioners put the project on hold until the neighborhood's concerns can be investigated and addressed. We also ask that both the city staff and the Planning Commission go visit the neighborhood and see where these additional 100 plus vehicles parking on the street can fit without causing these problems: *Safety- too many vehicles (especially newer pickups and SUV's) parked on both sides of narrow streets will make it impossible for our large fire trucks to get where they need to go. *Safety- ambulances may not be able to get where they need to go *Safety -driveways may often be blocked which prevents people from leaving home and may also contribute to accidents *Safety- streets clogged with cars will contribute to pedestrian, bicycle, and pet accidents *Safety -how will streets be cleaned? *Health -is the existing water and sewer infrastructure up to this new load? *Health- How will the garbage truck be able to reach its carts if most of them are blocked by parked cars? *Health- Collecting recycled materials will be much more difficult Also- mail carriers won't be able to reach the mailboxes My wife, Martha and I have lived in and owned property in this neighborhood for 30 years now. My two children grew up there and now my baby granddaughter is growing up there. We've watched it change and improve into an affordable place where people are happy and eager to live. Let's not risk ruining it with a development that isn't appropriate. I remember that many years ago one of the developers of this project got his start in that very neighborhood by building nice and appropriate housing there. That housing was helpful in getting this neighborhood onto the right path. We're grateful for what he did then and are hoping that he can see that if this project is modified properly everyone can benefit. Thanks for taking the time to consider this, Ron Hollingshead 479-236-0842 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pape 123 of 151 Wonsower, Donna From: Sandy Hubbard <sandyhublll@gmail.com> Sent: Sunday, August 11, 2024 5:08 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Project number LSD-2024-011 CA(MnN 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. To The Fayetteville Planning Committee: I'm a fan of Fayetteville, including South Fayetteville... aka "Tin Cup" ... A special and unique area. As a longtime homeowner, as well as a Graduate of the UofA, along with my three sons, I would request you vote against Project number LSD-2024-011. 1 go there often, and have several friends living and owning property in South Fayetteville. Project number LSD-2024-011 is ill advised and inappropriate for this quiet and established neighborhood for those living there. Consider the impact on the infrastructure, traffic, parking and so much more... The developer is trying to maximize his dollar without taking into consideration the huge change this will bring to surrounding landowners of single family homes in this quiet neighborhood. Please reconsider where this type of housing for students should be built. This project, placed in this neighborhood, is unfair and a bad idea. There are always solutions to be found. Thank you for your time... Sandra Hubbard Sent from my iPhone Sandra Hubbard 1923 N. Woodland Avenue Fayetteville, AR 72703 UTube Channel... Sandra hubbard www.sandrahubbard.Utube.com www.theLostyear.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 124 of 151 Wonsower, Donna From: Jack, Ted Sent: Monday, July 15, 2024 3:00 PM To: Masters, Jessica Cc: Boyd, Melissa; Wonsower, Donna Subject: RE: Objection! Follow Up Flag: Follow up Flag Status: Completed Ok. Note there is also a lot of vertical change. Ted From: Masters, Jessica <jmasters@fayetteville-ar.gov> Sent: Monday, July 15, 2024 2:53 PM To: Jack, Ted <tjack@fayetteville-ar.gov> Cc: Boyd, Melissa <mboyd@fayetteville-ar.gov>; Wonsower, Donna <donsower@fayetteville-ar.gov> Subject: RE: Objection! Ted, Thank you for the input! I have copied Donna Wonsower and Melissa Boyd who are reviewing this project. I know there have been conversations regarding site lines at this location with respect to parallel parking. At the end of the day, if it is meeting Engineering standards, it is likely approvable. Jessie Jessie Masters, AICP Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.fayetteviLLe-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANS ARKANSAS From: Jack, Ted <tiack@favetteville-ar.gov> Sent: Monday, July 15, 2024 2:51 PM To: Masters, Jessica <Imasters@favetteville-ar.gov> Subject: Objection! Hi Jessie, I was looking at the site plan for the lofts at Nelson Hacket. I go through that intersection frequently and think it is a bad idea to put the three parallel parking spaces where I indicate below. There is a lot going on at that intersection with drivers having to pay attention. Someone trying to park and then getting out of the car seems dangerous for all parties. Thanks, Ted Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 125 of 151 VILLE ORIGINAL 0 0 cv. i � s TN STREET 2 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 126 of 151 Wonsower, Donna From: Planning Shared Sent: Friday, August 9, 2024 1:14 PM To: Wonsower, Donna Subject: FW: University Lofts. Opposition to the planned development on Nelson Hackett and Block stre LSD-2024-0011 From: Molly R. Jensen <MJensen@walton.uark.edu> Sent: Friday, August 9, 2024 12:10 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: University Lofts. Opposition to the planned development on Nelson Hackett and Block stre 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. Hello planning commission My name is Molly Jensen. I live at 312 S. Block Ave. directly across from the planned development named "University lofts." I am a long term resident of Fayetteville. In over 35 years I have always lived within walking distance of downtown. I am writing today to let you know that I am an opposition to this development. There are huge traffic, safety, and health safety concerns that are not being addressed in the current plans and variances and approvals. 1-There are not enough parking spaces for every "loft" to have its own parking spot. Every apartment complex that I have viewed within a mile radius of this one has a single parking spot assigned for every bedroom. If you were to walk the neighborhood you would we have maybe 60 offstreet parking spots 20 to 30 of which are filled by current residence. That leaves approximately 30 spots for residence of the new development. This lack of parking will cause residents to have to cross Nelson Hackett Mlk and or college Street all of which have no on street parking. We are a very heavy neighborhood and this is an incredible safety issue. We don't have any stop signs nor speed bumps 2- according to the cities own plan, as you create wide sidewalks and bump outs you will cut that parking in half. I do not believe that anyone has taken this into account in the approvals. 3- what plans has the city taken to address the lack of infrastructure? How will trash and recycling be picked up with so much street parking. How will mail be delivered. I'm not sure anyone has walked through the neighborhood and noticed that block Street has no less than 10 patches where the Watermain breaks on a regular basis. With 160+ tiny units you were going to literally quadruple the draw on the water and sewage in this neighborhood. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 127 of 151 4. 1 am extremely concerned and would like to know or see the marketing research that was done concerning who the resident will be. This is clearly focused on college students or more importantly transient. Fayetteville residence I am truly disappointed in the short sightedness of staff and planning commission putting such an inappropriately dense housing, touching a fantastic and special neighbor. 5 - I think the neighborhood needs to have resident reserved parking. I am not opposed to appropriate development, but I have yet to speak to anyone in the profession of planning architecture and housing that thinks 160 tiny unit efficiency apartment units would be appropriate for this location. I urge Planning commission to table this and ask for a more appropriate development to be put forth for this downtown area. Regards M Molly Jensen Associate Professor Marketing Department Sam M. Walton College of Business University of Arkansas 575-.9.90 3 miensen@uark.edu Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 128 of 151 Wonsower, Donna From: Molly R. Jensen <MJensen@walton.uark.edu> Sent: Wednesday, September 18, 2024 2:23 PM To: Wonsower, Donna Subject: Urban Lofts and South Square neighborhood development issues 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. Dear Planning Commission Members: My name is Molly Jensen, I live at 312 S Block. I have owned this property for 24 years and have lived here for 20 years following renovation. This neighborhood is very special. We bought our house so we could send our kids to Jefferson elementary school. When we bought our house and moved in with our 4-year- old son there were no other children in the neighborhood. Within just a few years there were several dozen children. Our neighborhood is so sought after as it is, I receive daily requests to purchase my house. Many days, like yesterday, I got two offers in the mail. We have all worked hard to maintain our houses and we are all very proud of our little hamlet. Our little neighborhood is so special and safe. This will radically change if the Urban Lofts is approved. How will it change: • Traffic safety and chaos. As one of the first neighborhoods built after the original town plat, our streets are very narrow and many of the properties here are so narrow they do not have driveways. Adding cars for over 100 apartments that will be dumped into our neighborhood would be irresponsible and cause many safety issues for the children in our neighborhood. • Traffic safety issues are caused by all the cars that are not given appropriate parking within the complex. With over 100 apartments we are looking at up to 200 extra cars in the old neighborhood. This increased traffic will cause Health and Safety issues. How will our sewers handle the increase? Our water has failed at least twice this year already. how will our trash be picked up? How will emergency vehicles get through our streets? • Traffic Safety -our little roads are not built for the number of cars traveling through our neighborhood each day. As a downtown general development, the apartment traffic should flow INTO DOWNTOWN GENERAL zoned areas. Not into our neighborhood conservation zoned neighborhood. • Traffic safety and personal safety of new potential residents: There are easily 40 cars parked on our streets at night from current residents. As a consequence, Urban Loft residents (and current residents) will have to cross Highway 62, Nelson Hackett or College to find a parking spot outside our neighborhood increasing the chances of pedestrian/car accidents as well as personal safety concerns. I am opposed to the current Urban Lofts design because it is INAPPROPRIATE for this site. Look at the other 4 projects this company has built -they are all on flat land WITH parking for all residents on site. This Fayetteville site calls for an appropriate project, something that would encourage neighborhood growth and interaction. One project will not solve our housing crisis, and our Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 129 of 151 neighborhood should not pay the price for Fayetteville trying to do so. Let's find a project that will enhance the neighborhood, increase everyone's property values, make the developers some money and be proud of their project. With all the legal vicariances, they are trying to pour 10 gallons of sand into a 5-gallon bucket. An appropriate project would not require so much need to bend/break our current building standards. Please build on this site, just build something appropriate. Regards, M Molly Jensen Associate Professor Marketing Department Sam M. Walton College of Business University of Arkansas 575-5503 miensen@uark.edu Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 130 of 151 Wonsower, Donna From: cjmemphis@juno.com Sent: Wednesday, September 18, 2024 3:16 PM To: Wonsower, Donna Subject: Fw: Urban Lofts at Nelson Hackett Follow Up Flag: Follow up Flag Status: Flagged 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. Ms. Wonsower - Please find below an email I sent to the Planning Commission and the two Ward 1 council members yesterday. Thankyou! Carole Jones Forwarded Message Dear Planning Commissioners: I am writing to you regarding the proposed Urban Lofts at Nelson Hackett. I am a Ward 1 Fayetteville resident. I have lived in Ward 1 since 1998. 1 am opposed to the proposed development for the following reasons: The density seems too dense for the surrounding area. The expected traffic from the proposed density seems as if it would overwhelm the surrounding streets and neighborhood. It also seems as though there would be some potential safety concerns since the proposed project is located along the curve at Nelson Hackett Blvd. Has a traffic study been performed? The site is rather steep, making drainage and runoff a concern. The existing water and sewer infrastructure may not be adequate. The proposed on -site parking is of particular concern. I feel as though the idea of less parking is a good concept; however, continuing to allow residential developments to utilize off -site parking is a bad idea. This is still Arkansas, and almost everybody has a car! Our public transportation system is unsafe and unreliable. The last time I rode the bus, I had a very unsettling experience. I ride a bicycle for at least 50% of the trips I make, which is far more than most people I know. Yet I still own a car and must use a car for many trips. I believe that less parking for most commercial developments makes sense. I just do not like the idea of existing, single-family neighborhoods having to subsidize and accommodate dense residential housing. I realize there is a housing shortage in Fayetteville. I am not opposed to new development or dense development or infill. I just feel as though this is not an appropriate location for this type of development. Less density at this site may make more sense. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 131 of 151 Thank you for your consideration of my concerns. Best, Carole Jones, PE 2203 S Emma Ave Fayetteville 72701 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 132 of 151 September 18, 2024 Dear Planning Commission Members: I am writing in regard to LSD-2024-0011 (Urban Lofts). My husband, Jared Pebworth, and I have lived at 105 W Fifth Street just shy of 25 years. We have raised two children there (and are still raising one), and we enjoy our yard where we have kicked the soccer ball, grown countless gardens, picked a few apples and pears from our trees, and listened to the catbirds. Yet what has been a small, quiet neighborhood, largely for working- and middle-class families, finds itself in danger of being completely altered due to the proposed LSD-2024-0011. Our streets are narrow, some homes lack driveways, and over the years, we have witnessed several occasions where emergency and utility vehicles have not been able to pass, because cars were parked on both sides of the road. When we first moved to our home, there were very few children nearby. Now we can count close to two dozen within a couple of blocks. They ride bikes and scooters, play soccer and street hockey, walk their dogs. Some are just learning to walk in their yards and on the sidewalks. The Urban Lofts project, even with its small reduction in units, would cause chaos and traffic safety problems, endangering residents and their children. Many of us chose this area in the first place for the increasingly rare experience of quiet roads, kind neighbors, walkability, and, in some places, a tree canopy. The hundred or so extra cars owned and driven by the revolving population of renters at Urban Lofts will flood our already crowded streets, causing up to an additional 800 or more vehicle trips per day. Our neighborhood is not the place for this type of large-scale development. Though there may indeed be areas of 71B that could benefit from "revitalization," as Urban Lofts states in its letter of August 22, 2024 to the Planning Commission, our neighborhood is the very definition of vital. We work, we raise families, we take care of our homes and our neighbors, we pay our water and gas bills, along with our property taxes. We live here. Though additional "workforce units," again from said letter, may be a legitimate concern, a development of that design and scale is not appropriate for the proposed site. Many neighbors and supporters attended and spoke at the last meeting where this project was discussed at length and the Planning Commission unanimously voted the project down 7-0. In that moment, all of you agreed to protect the integrity of one of Fayetteville's oldest and most authentic neighborhoods. If you allow this development to be built among our homes, you will negatively impact our immediate environment and our quality of life. And our neighborhood will never be the same again. Sincerely, Cindy King and Jared Pebworth Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 133 of 151 Wonsower, Donna From: Curth, Jonathan Sent: Monday, September 16, 2024 9:11 AM To: Wonsower, Donna Subject: FW: Developers from Jonesboro Donna, Please see the below regarding LSD-2024-0011 and include it in the packet for next week's PC as appropriate. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth@fayetteville-a r.gov 479.575.8308 Website l Facebook l Twitter l Youtube From: Marian Kunetka <mk923514@icloud.com> Sent: Sunday, September 15, 2024 6:57 PM To: Mayor <Mayor@fayetteville-ar.gov> Subject: Developers from Jonesboro 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. Please help save a Walker Park neighborhood with single family homes Shared with Public Developers from Jonesboro purchased an acre of land south of south st and east of Hackett road, location just north of MLK blvd. They want to build 167 apartments and only have parking for 100 cars, This is an old neighborhood with mostly old single family homes. We went to the last planning commission meeting, 35 residents testified regarding the narrow streets. Residents are concerned about heavy traffic which would happen with 67 cars parked on the narrow streets. There are many families living there with small children. The planning commission voted the project down. The developers have appealed their decision and will bring the project once again to the commission. I spoke with Fire Marshall Jeremy Ashley re what is required by the fire department for these small streets. Fire apparatus access roads cannot be less than 20 ft, exclusive of shoulders and curbs. Marshal Ashley has seen the proposed plans and informed the developer that they would have to widen South st and 4th street in order for permission to on street parking. This would create hazards for the streets. The residents would accept the apartment complex but only if there is adequate parking on there grounds. I have not contacted water and sewer people as yet, which I intend to do. Any assistance you would be able to offer would be greatly appreciated, Marian Kunetka, 706 south College ave, Fay 72701 - phone 847-644-6510 (kunetka@uark.edu. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pace 134 of 151 Wonsower, Donna From: Marian E. Kunetka <kunetka@uark.edu> Sent: Wednesday, September 18, 2024 1:13 PM To: Wonsower, Donna Subject: Loft Apartments / south of South st & east of Nelson Hackett Follow Up Flag: Follow up Flag Status: Flagged 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. I write regarding the Jonesboro developer who wants to build 167 loft apartments on property south of South street and east of Nelson Hackett blvd in the Walker Park neighborhood. He only plans to provide 100 parking places for this development and is requesting a code variance to allow on street parking for the remainder of the vehicles. I would imagine that there will be more than one resident per loft, which would add to the number of cars associated with this development. This is an old established neighborhood, the majority of the homes are single family dwellings with many young children who play outside during good weather. On street parking for this many cars and trucks would be dangerous to to the current neighbors. This would not be required if the developer would provide adequate parking on the site. This could be accomplished by lowering the number of apartments to equal the parking spaces provided. Please consider voting for established citizens and require on site parking. Marian Kunetka 706 south college ave fayetteville, AR 72701 847-644-6510 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 135 of 151 Wonsower, Donna From: Rebecca LaTourette <berekki@gmail.com> Sent: Monday, August 12, 2024 10:06 AM To: Wonsower, Donna Subject: Urban Lofts at Nelson Hackett LSD 2024-0011 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 Donna and planning staff, I'm writing to express a few concerns and observations about this proposed project. I have long been aware of which parcels are zoned DG and expected that large scale development would happen there. It is my hope that the planning commission be realistic about the actual traffic and parking impact that this development will have. I manage rental property in this neighborhood and know that all but one of my tenants drive to work, school and grocery shopping. They walk for recreation. Similar developments in the area have resulted in an increased burden on neighborhood street parking. When the parking rent is seperate from the unit rent, some residents opt to save money by parking on the street.There is insufficient bus service to this area to ease the car burden. The infrastructure for utilities is insufficient. Particularly stormwater runoff and sanitary sewer. Parking on Nelson Hackett potentially creates a traffic hazard. This neighborhood has many properties zoned NC but it seems they are easily converted to higher density. This creates insecurity and unpredictable growth patterns. The other minor thing I noticed in the plans is that a parcel that I own across Nelson Hackett is incorrectly identified as being fully owned by the city of Fayetteville. They only own a tiny portion of that parcel #765-07125-000 which of course would be ideal for more parking or road expansion in the future. Best regards, Rebecca LaTourette 479-445-7294 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 136 of 151 Wonsower, Donna From: Corey Lamb <corey.n.lamb@gmail.com> Sent: Wednesday, September 18, 2024 5:30 PM To: Wonsower, Donna Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Planning Commission Members, I have heard a lot about the new development at the intersection of South & Nelson Hackett. It is very nearby my home at 7 E 5th St. I have mixed feelings about what I know. It seems to me there is to be 160 units with only 60 parking spaces. I hope this to not be true. I am very happy to support development in downtown and want to see a thriving city, but I do not like the parking disparity. I believe there needs to be a greater requirement on the builder to provide adaquete parking for this new development either by lowering the number of units or increasing the amount of parking. I think exploring a basement parking garage that could house 200+ cars would make the most sense if the development wants to maintain 160 units. I personally would also love to see retail/commercial property on the ground level to give us restaurants, bars, coffee shops, and similar businesses to help us grow and give value back to the community and neighborhood I live in. I hope these thoughts reach you in time. Corey Lamb - He/Him 501.802.0727 corey.n.lamb@gmail.com Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pape 137 of 151 Wonsower, Donna From: Rebecca LaTourette <berekki@gmail.com> Sent: Wednesday, September 18, 2024 3:32 PM To: Wonsower, Donna Subject: LSD-2024-0011, Nelson Hackett and E South St Follow Up Flag: Follow up Flag Status: Flagged 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. Hello Donna and planning staff, I'm contacting you to express my continuing concerns about the size of the proposed development and the inevitable huge increase in traffic, parking issues and pressure on insufficient infrastructure in the neighborhood. I own multiple lots, also zoned DG on the opposite side of Nelson Hackett Blvd. The trend that I am observing is increasing density without realistic planning for the cars and infrastructure in these areas. It also seems quite unfair to the folks on that side of the boulevard who bought into the concept of neighborhood conservation only to see many properties rezoned for infill which compounds the problems since everyone has at least one car. Additionally, I ask that you consider the high probability of other denser uses of surrounding properties on the East side of Nelson Hackett. There are multiple properties zoned DG or for infill. Will they be turned down in the future because the area can't handle anymore density? Will you make Nelson Hackett 4 or 5 lanes to handle the traffic? Who pays for the new, wider streets, water and sewer upgrades for an entire neighborhood? The increased traffic is the biggest concern. Most folks have at least one car and they like to drive. As much as I would love to see my tenants walk to work, the store and school, they do not. It will take significant investment in public transportation to make some of the areas we have designated for high density have less vehicle impact on the historic old core of Fayetteville. It will also have to be economically painful to jump in a car to drive 3 to 5 blocks. I will continue to watch as this town explodes with development. It's sad to think that the eventual economically best use of my property may be a giant, unattractive parking garage. Best regards, Rebecca LaTourette 479-445-7294 Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 138 of 151 Wonsower, Donna From: Ed Levi <edlevibees@gmail.com> Sent: Wednesday, September 18, 2024 1:50 PM To: Wonsower, Donna Subject: Letter to planning commissioners against the Urban Loft variance 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. Dear Commissioners, This is in relation to the proposed plan of the Urban Loft Company for their housing project at the corner of Nelson Hackett and South Street in the Walker Park area. Although I understand there is a need for an increased supply of more residential possibilities in Fayetteville, what Urban Loft is considering will do more damage than good. As a nearby resident, I find that what they are proposing is totally contrary to the benefit of the immediate area and the city as a whole for several reasons. But, first of all, I must say that all requested variances presented to your commission should be studied and looked at with fine tooth combs. Plans and ordinances were put in place because they were thought to be in accordance with the desires of the people to make Fayetteville the wonderful city it is. Asking for exceptions is exactly what Variances are asking; to change the earlier plans or ordinances that were deemed to be appropriate. Therefore, variances should be seen as inappropriate except in very special circumstances. In this particular situation, there are several reasons to object to this proposal beside the fact that only marginal adjustments have been offered after the first and unanimous refusal. Here are just a couple that should be enough to decline this request for a variance: 1) The lack of the parking places for an additional 100 vehicles is going to more than become troublesome for the neighborhood and surrounding neighborhoods as well as for the proposed new residents. There's a reason for the ordinance that requires a ratio for parking places per bedrooms. 2) The proposed construction will necessitate the destruction of some beautiful trees that should be protected. Fayetteville loves its trees and cutting any big ones does more than adding to the heat sink cities have become. Trees do more than add shade and beauty but they also sequester carbon dioxide. Cutting them not only stops them from absorbing carbon dioxide but it causes them to release the CO2 they've absorbed. The regulations to replace old, stately trees with young ones will not make up the difference for decades. Clearly this is not the time to be adding to climate change. I respectfully request that you vote to deny this request for a variance. Ed Levi, resident of downtown Fayetteville Sent from my Phone Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 139 of 151 Wonsower, Donna From: Shawn Morns <shdmorns@gmail.com> Sent: Thursday, August 8, 2024 7:48 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: 309 S Block Ave LSD-2024-011 Project Concern 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 Morning, My name is Shawn Morris, I live at 114 W 5th Street, Fayetteville, AR 72701. I'm reaching out to voice my concerns about the 309 S Block Ave LSD-2024-01 1 Project. I love Fayetteville and my neighborhood and I'm excited to see all the new construction that is happening in the region. I believe we need to build more houses in greater density to keep up with demand and keep prices affordable. However, the decisions we make to achieve this need to be smart and thoughtful. The proposed project off of Nelson Hackett is neither. The builders are trying to fit too many units on too small of a lot leading to my concerns about parking, traffic, and trash. Fayetteville is still a car -dependent city and that is not changing any time soon which means every resident will have a car and that will spill onto multiple streets in the neighborhood. Additionally, our neighborhood already has a rat/mouse problem and the amount of waste that would be generated on the plot will exacerbate the issue. I would welcome a project that is downsized, but as it stands today it is too many units and will have a negative impact on the neighborhood. I'm excited to attend the planning commission meeting on this topic on 8/12. Thanks Shawn Morris Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 140 of 151 Wonsower, Donna From: Planning Shared Sent: Thursday, August 8, 2024 12:57 PM To: Wonsower, Donna Subject: FW: 309 S Block Ave LSD-2024-001 Project Meeting Follow Up Flag: Follow up Flag Status: Completed Also for you Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube -----Original Message ----- From: Karen Mueller <karen@karenmueller.net> Sent: Thursday, August 8, 2024 12:14 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: 309 S Block Ave LSD-2024-001 Project Meeting 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. I'm writing about the project planned at Block Street/Nelson Hackett/4th Street. I live at 321 S. East Ave, one block west of Block Street. I bought my house almost 10 years ago. I'm a retired nurse and plan to live here until I die. My neighborhood is a diverse, family -friendly place. I walk my dog at least 2 times a day and know many of the neighbors. People are frequently out and about walking dogs, jogging or walking. And there are a number of young children who play in the streets. There are two basketball hoops up and the children use them a lot. I love this neighborhood and am horrified with the plan and how it will change the lives of everyone who lives here. I've spoken to many of the neighbors and none of them are in favor of this plan. The number of units is shocking, knowing that traffic already is a big problem in our neighborhood. Cars racing up my street and Block Street frequently is very scary! I have to be careful with my dog, even though she is on a leash. And of course there are cats in the neighborhood that are at risk of being hit or run over. Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 141 of 151 Parking is also a problem. Some residents don't even have a driveway and need to park on the street. When Crisis Brewery has an event, every street is crowded and neighbors sometimes have no place to park. Adding 163 units (and people and probably cars) doesn't make sense! I understand that there are only 106 total car parking spaces and overflow would be on our already busy streets. It sometimes is already a problem going down some streets where cars are parked on both sides. We have to think of safety - what if an ambulance needs to get through? And it will be harder for trash pickup and street cleaning. Another problem is we have frequent water line breaks because of old pipes. Some of my neighbors have had flooding because of this. Right now there is a patch at the intersection of S. East Ave and 4th St. The patch has sunk, creating a fairly large hole that everyone has to drive around. Because the planned units are so small, the population will probably be students or temporary people looking for something more appropriate and the turnover will be constant. I believe the units will degrade over time and this will affect or property values. Why not build fewer luxury apartments or small homes where folks will want to STAY and become part of our wonderful neighborhood? Or build fewer decent -sized apartments with retail underneath such as a coffee house, a wine bar, etc. that neighbors would enjoy going to? Of course they will take down most of the old trees (we will miss that shade). I don't understand why this is not a priority when we are worried about climate change and everything that goes along with diverse nature. All in all, I hope the planning folks take a better look at this and do what they would want in their OWN neighborhoods, which is a change in plan with fewer, larger apartments or small houses. Thank you, Karen Mueller Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 142 of 151 Wonsower, Donna From: Karen Mueller <karen@karenmueller.net> Sent: Wednesday, September 18, 2024 6:24 AM To: Wonsower, Donna Subject: Urban Lofts at Nelson Hackett Follow Up Flag: Follow up Flag Status: Flagged 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. My name is Karen Mueller, and I'm writing to express my deep concerns (horror actually) about the proposed plan at South Street, Block Street and Nelson Hackett. live at 321 S. East Avenue, one block east of Block Avenue. I've lived in our neighborhood almost 10 years and it's the best neighborhood I've ever lived in. I'm 76 years old, a retired nurse, and plan to live in my house until I die. The neighborhood is very diverse with folks of all ages. I know many of the neighbors because usually walk my dog twice a day which enables me to meet and greet folks. I'm also a gardener so am outside frequently and can chat with folks who are walking by. We have many young children who play in the streets which is a joy. I am very disturbed by the plan to build 163 units on the street behind me. That means AT LEAST 163 more people on that ONE BLOCK behind me. It would entirely change the character and health of our neighborhood. Traffic safety is already an issue. Cars frequently race up my street which is dangerous to people and pets. Our streets are narrow and sometimes hard to get through. When Crisis Brewery has special events, cars fill the neighborhood, and some folks are unable to park in front of their homes during these events. Some residents don't even have a driveway. Another problem is water pipe breaks which happen frequently. Some people have suffered flooding. I imagine with 163 more people, the water and sewer systems would be overloaded. The loss of most of the trees on that block will devastate the park -like atmosphere and contribute to climate change. suggest that you please take a short 20-minute walk through the neighborhood and then imagine what it would be like for you if you lived here, with what is proposed. i Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Pape 143 of 151 I would rather have a reasonable number of homes or luxury apartments (perhaps above a coffee shop or wine bar or small store) with a bit of nature, places where people would want to stay instead of moving on. I'm afraid that the proposed plan would devastate our wonderful neighborhood! Thank you, Karen Mueller Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 144 of 151 Wonsower, Donna From: Phoebe Ostner <postner54@gmai1.com> Sent: Wednesday, September 18, 2024 2:21 PM To: Wonsower, Donna 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. Dear planning commission members, My name is Phoebe Ostner and I live at 312 S. Block, directly across the street from the proposed apartment complex. I was raised in this neighborhood and deeply cherish its unique, homely, sense of place. The reason south Fayetteville is important is that it preserves the essence of old -town Fayetteville. It is not particularly affluent or picture perfect, but it is walkable, neighborly, quiet, and community oriented. I believe we are an example of what makes people want to move to Fayetteville in the first place. We must preserve our hometown in this way. Being a part of the downtown, we are not equipped to host a hundred or more cars from these apartments that are left to park on our old, narrow streets. Similarly, the traffic associated with housing of this proposed magnitude (800+ vehicle trips daily) poses safety concerns for everyone in the neighborhood, especially our young children who feel safe in our streets as they are now. Please consider my perspective and thank you for your time. Phoebe Ostner Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Page 145 of 151 Wonsower, Donna From: Planning Shared Sent: Friday, August 9, 2024 1:20 PM To: Wonsower, Donna Subject: FW: Urban Lofts on Nelson Hackett, LSD 2024-011 LSD-2024-0011 From: Alan Ostner <alan@drainagedoctornwa.com> Sent: Friday, August 9, 2024 1:18 PM To: Planning Shared <planning@fayetteville-ar.gov>; Alan Ostner <alan@drainagedoctornwa.com> Cc: Mayor <Mayor@fayetteville-ar.gov>; Bob Stafford <robert.s@bluestarbiz.com> Subject: Urban Lofts on Nelson Hackett, LSD 2024-011 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. Hello Planning Commissioners and Staff, am writing to voice disagreement over the proposed Urban Lofts, LSD 2024-011. 1 live nearby at 312 South Block. The traffic danger of putting 162 units on 1.3 acres is severe in this location. That comes to 124 units per acre! The neighborhood is functioning great at 10 units per acre, well double the 4 units per acre in the sprawl -prone suburbs. These are small, narrow, neighborhood streets that cannot handle that type of traffic. We currently have small children, elderly, pet walkers, and even folks from other neighborhoods safely and happily walking these streets. This is a neighborhood experiencing a rebirth of sorts. This scale of development will hamper and cause a detrimental effect to our quality of life and degrade the neighborhood. 162 units estimating 20% significant others or roommates (a common attribute anywhere) could equal 200 neighbors. Even with the Planning Staff's hopes and dreams of only 80% of them bringing cars, that comes to 160 vehicles trying to drive, park, go places, all the things we do. There will be around 80 parking spaces provided which means over 100 folks will be fanning out all over the surrounding city blocks to park on our already crowded streets. This neighborhood should be held up as a symbol of success! Not punished for being located close to a major roadway! My wife and I are more than happy to welcome a neighboring complex that might be 40 units per acre, 50, or even 60 units per acre. Do many other neighbors show up to the Planning Commission welcoming that density? I doubt it. This is a density of 124 units per acre! Please: use your discretion as granted to you by the Ark. State Legislature on any Large Scale Development: vote to table this proposal out of traffic danger. Request that the development team come up with a compromise: a lower density proposal that will add to the neighborhood, not take away from it. Best, A I a n O s t n e r, ASLA, PLA Member: Ark. Better Business Bureau DRAINAGE DOCTOR N W A, PLLC Member: Ark. Master Gardeners Licensed Landscape Architect Member: Ark. Native Plant Society Education Committee Ark. LA License #5204 C: 479.387.7900 Ark. Contractor's Lic. #0428970724 W: www.dra'naaedoctornwa.com BSA Scoutmaster E: alanC&drainagedoctornwa.com reply to texts and emails from 7am-7pm M-F and lam -noon Saturdays Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 146 of 151 Wonsower, Donna From: Sent: To: Subject: Attachments: Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Shared Friday, September 20, 2024 11:06 AM Wonsower, Donna FW: LSD-2024-0011 - Urban Lofts at Nelson Hackett Resized_20220628_084206jpeg Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Scott Hill <razorbackscott@gmail.com> Sent: Friday, September 20, 2024 10:49 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: LSD-2024-0011 - Urban Lofts at Nelson Hackett 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. Hello, I am writing to express my support for the modified plans submitted for the Urban Lofts at Nelson Hackett. The cityjust created a new zoning category called Urban Corridor which will allow up to 8 stories of development along College Avenue and other side streets if those properties are re -zoned accordingly. This project is very small and respectful of the neighborhood by comparison, with the maximum height being 4 stories, and stepping down to 2 stories across the street from single family homes. There is no such consideration currently being given to single family homes in the new UC zoning proposed for much of71B. The project also shows good design, high -quality materials being used, and will serve as a bridge between South Fayetteville and downtown. Finally, the property had been used as multi -family for the prior 50 years. My oldest brother and his wife lived there in the mid 1990s while they were attending graduate school, and the apartments were in bad Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 147 of 151 Wonsower, Donna From: Kevin Beasley <kbeasley@hmailnwa.com> Sent: Monday, September 23, 2024 3:03 PM To: Agenda Item Comment Subject: Urban Lofts at Nelson Hackett 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. I am very much in favor of the project "Urban Lofts at Nelson Hackett". I know the city has a valued interest in the re -vitalization efforts for the future, this project is vital within this corridor. This will be one of the first major projects for the re -vitalization efforts and one that is designed well for the future and its location! Kevin Beasley Chief Financial Officer Trade Mark Homes 1st Star Construction 1s` Star Realty 1s` Star Exteriors Cell: 479-841-4371 Email: kbeasley@hmailnwa.com SIT`' FAYETTEVILLE ARKANSAS From: Thomas Brown <dogl3gregg@aol.com> Sent: Monday, September 23, 2024 7:25 AM To: Garlock, Jimm <jimm.garlock@fayetteville-ar.gov>; Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Payne, Brad <brad.payne@fayetteville-ar.gov>; Gulley, Fred <fred.gulley@fayetteville-ar.gov>; McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Madden, Mary <mary.madden@fayetteville-ar.gov>; Cabe, Matthew <matthew.cabe@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick <nick.werner@fayetteville-ar.gov> Cc: Masters, Jessica <jmasters@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov> Subject: LSD-2024-0011: Large Scale Development (SOUTHEAST OF S. NELSON HACKETT BLVD & E. SOUTH ST/URBAN LOFTS AT NELSON HACKETT 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. Planning Commissioners Please approve LSD-2024-0011, determining: • In favor of variance to §166.11(A), Conformance to Plans and Regulations. • In favor of variance to §166.05(F), Access Management. • In favor of variance to §166.21(E)(1), Dumpster Location. • In favor of variance to §172.04(C)(4): Parking Lot Location Standards. • In favor of recommended right-of-way dedication. • In favor of recommended street improvements. • In favor of all other conditions as recommended by staff. This project is located within the Historic Downtown Grid and the 71 B Corridor. The proposed project density of 127 Units per acre is appropriate for this Corridor location in the Core of our Downtown Tier 1 Center. The design of this Multi -family Project is architecturally dramatic, with it's tallest architectural elements oriented on the Corridor and facing the Downtown Square. More importantly, the Project is sensitively stepped down in height where it faces the existing residential neighborhood. The Project will also help introduce more needed resident population within the Downtown and the Nelson Hackett Section of the Corridor. This section of the Corridor has recently received some public artwork and will see other future pedestrian -friendly enhancements. Parking may become a challenge for the adjacent neighborhood, just like it has been for many other neighborhoods in the Downtown. Where these parking challenges have been addressed, the establishment and enforcement of a Parking District has turned out to be one of the important approaches to be used. Finally, the development of this proposed project can represent a critical first effort to insure that, if the City can successfully attract it's growing residential population within the Growth Concept Map's 40 Tier Centers and three Urban Corridors, it will be able to accommodate it's projected 2040 Population. All in away that will help enhance the City's Transit Readiness, Housing Affordability, protection of ecologically valuable features within the City's Enduring Green Network and the preservation of existing neighborhoods located outside of the Cores of the Tier Centers and Urban Corridors. Thomas Brown Wonsower, Donna From: Gwyn Hill <gahi117777@gmail.com> Sent: Friday, September 20, 2024 5:04 PM To: Wonsower, Donna Subject: Comments re: The Urban Lofts apartment complex at Nelson Hackett and South Street intersection Follow Up Flag: Follow up Flag Status: Flagged 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. Dear Donna Wonsower, I am a Fayetteville resident living near the proposed building at Nelson Hackett and South Street and I am very concerned about the project. The proposal shows that there are 162 units but only 106 parking spaces, which means there aren't even enough spaces for all the people who live there, let alone any visitors they might have. I live only a block away, at 108 W 5th St., and my house doesn't have a driveway, so I have to rely on street parking. If residents from this new building don't have enough spaces for their cars in their parking lot, they will park in the street and I may not have a place to park my car in front of my own home if I get home late in the evening. The streets are also very narrow and I am worried about traffic safety and the safety of the neighborhood children. My next door neighbors both have kids who skateboard and play ball in the street because they are used to very little street traffic, and they aren't used to having so much traffic. There are also several places with lots of shrub overgrowth that grows right up to the edge of the street and creates blind corners and the increase in traffic with so many new residents will make these blind corners much more dangerous. This development will compound an already dangerous traffic problem, as there are many areas where the narrow streets and cars parked on both sides of the road create problems. Just yesterday someone parked in front of my mailbox and the mailman couldn't deliver my mail. I urge you to reject the building as it is currently proposed. This project should be scaled back so that there is room for more parking on site and there are at least as many parking spaces as there are units, if not more, to account for visitors to the building. Our streets cannot safely handle the 100 + cars that will not have designated parking spaces. Thankyou for taking time to listen to my concerns! Warmly, Gwyn Hill 108 W 5th St. Wonsower, Donna From: Casey Hoffman <cmbrewe@gmail.com> Sent: Friday, September 20, 2024 5:13 PM To: Wonsower, Donna Subject: LSD 2024-0011 Public Comment Follow Up Flag: Follow up Flag Status: Flagged 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. Hello, I live in the Jenning's Plus neighborhood and am in favor of LSD #2024-0011. I am constantly reminded how lucky I am to live and work in this neighborhood. Lots of people don't get that privilege but you're not likely to hear their voices. I'm writing this email for the future neighbors who don't get a loud enough say on the matter. One of the many things that makes this neighborhood great is the carless lifestyle it offers. Being only 4 blocks south of the Fayetteville Square provides access to services, including the Fayetteville Public Library, the Razorback Greenway, the Mill District, AND our beloved neighborhood pub — Crisis Brewing. Proximity to these neighborhood services not only reduces vehicle miles traveled for safer streets, but also strengthens our community engagement. This project's site is a textbook example of infill. The project's use unit perfectly aligns with the 716's rezoning mission to provide Fayetteville residents with more housing in our downtown areas. The project's density is at an appropriate scale for the edges it serves and provides a diverse housing option we need. Please consider voting in favor for more neighbors in Fayetteville without more sprawl, Casey B. Hoffman Wonsower, Donna From: Planning Shared Sent: Monday, September 23, 2024 1:37 PM To: Wonsower, Donna Subject: FW: LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: KTK <kathykisida@gmail.com> Sent: Monday, September 23, 2024 1:36 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) 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. I am writing to oppose LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT), as it still is going to be a problem with parking for residents on the side streets that have nowhere else to park except off-street parking. The streets surrounding the proposed development are narrow and are already a problem for residents. I live in S Fayetteville and often visit my friends on Block. It's already hard to find a safe parking spot, meaning the streets are narrow. think there are lots of other options the developer should think about. I know they reduced the units, but it is still too large for this spot considering the surrounding neighborhood and the problems with parking on Nelson Hackett expansion of a cut in for parking. Let's not ruin the newly designed Nelson Hackett RD. Please do not approve this development. Kathy Kisida Wonsower, Donna From: Planning Shared Sent: Monday, September 23, 2024 10:59 AM To: Wonsower, Donna Subject: FW: Support for Nelson Hackett Project Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube Owen F=16:--e-- From: SMITH, KEATON W. <keaton.smith@firsthorizon.com> Sent: Monday, September 23, 2024 10:55 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Support for Nelson Hackett Project 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. PC members and staff, I live at 88 E 41h St, in the neighborhood of the proposed project on Nelson Hackett. I am in support of the project as proposed. I appreciate the developer's efforts to structure their leases to encourage car -free living by charging more for units with a parking space, and would encourage the Planning Commission through their Long -Range Planning Committee to develop a standardized process for creating and enforcing a neighborhood parking district. This would provide the neighborhood a tool to utilize if the developer's parking projections and strategies do not result in a desirable outcome for the neighborhood. Keaton Smith Vice President 479-878-6381 office 1 479-879-7922 cell 3430 W Wedington Dr Fayetteville, AR 72704 CANDACE HOGGATr Assistant 479-878-6431 office candace.hoggattCabfirsthorizon.com t_jkl FIRST HORIZON.. Award -winning service Confidentiality notice: This e-mail message, including any attachments, may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution, or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer. Wonsower, Donna From: Harrison, Gretchen Sent: Monday, September 23, 2024 4:59 PM To: Wonsower, Donna Subject: Fw: PLEASE VOTE NO on Nelson Hackett LSD See below for more comment on LSD-2024-0011. Not sure if you've received this one yet, so forwarding it just in case. Thank you Donna for all of your hard work on this project! Gretchen Harrison Senior Planner City of Fayetteville, Arkansas (479) 575-8263 Website I Facebook I Twitter I Instagram I YouTube From: Stafford, Bob <bob.stafford@fayetteville-ar.gov> Sent: Monday, September 23, 2024 4:57 PM To: Harrison, Gretchen <gharrison@fayetteville-ar.gov> Subject: Fw: PLEASE VOTE NO on Nelson Hackett LSD Robert B. Stafford Fayetteville City Council Ward 1, Position 1 479.879.6802 From: Stafford, Bob Sent: Monday, September 23, 2024 4:53 PM To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Payne, Brad <brad.payne@fayetteville-ar.gov>; Gulley, Fred <fred.gulley@fayetteville-ar.gov>; Garlock, Jimm <jimm.garlock@fayetteville-ar.gov>; Cabe, Matthew <matthew.cabe@fayetteville-ar.gov>; Madden, Mary <mary.madden @fayetteville-ar.gov>; McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick <nick.werner@fayetteville-ar.gov> Subject: PLEASE VOTE NO on Nelson Hackett LSD Dear Planning Commissioners, You've done it once, you can do it again. Vote no on this misguided project. If you know me, you know I'm all for density and infill as we go from being a town into being a city. But this project is trying to put 10 gallons in a 5 gallon bucket. A block or two to the South and I would have no issues, but it doesn't take a traffic engineer or an expensive study to see that the scale of this project and it's limited access directly onto Nelson Hackett will overwhelm the surrounding small neighborhood streets, both with parking and traffic. I understand you are under a lot of pressure to approve this, but please understand that this is YOUR decision and the idea that you must approve variances, or that it's on you to prove the traffic issue just seems wrong to me. If we are forced to hand out variances then why have them, what's the point. If someone can just say you must give me a variance then why are we even here? Why vote at all? It should be on the applicant to prove that this won't cause an issue not the other way around. And if it is required that we do a traffic study, then well, let's do one. Let's do this right. Let's not be cowed and pressured into decisions we know are not in the best interest of the city. Thanks for all the hard work you do. These growing pains and related decisions are never easy. But sometimes the hardest decisions are the best ones. Thanks and see you on the other side, Bob Stafford Robert B. Stafford Fayetteville City Council Ward 1, Position 1 479.879.6802 shape then. I've attached a picture I took last year of the condition of the property as I drove through. I took this picture to send to my brother to show him what happened to where he used to live. If this were proposed in my neighborhood, I would support it whole-heartedly and encourage my neighbors to do the same. Four stories with a step-down to two stories is a thoughtful way to address infill along 71 B where it is located near existing neighborhoods. Thankyou, Planning Commission September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 148 of 151 166.21 - Downtown Design Overlay District (A) Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space. Downtown Fayetteville has a rich architectural history spanning many decades and styles; therefore, architecture should be respectful of the existing built environment and should strive to enhance the public realm. A strong emphasis shall be placed upon designing and implementing sustainable and green architecture practices. The Pit at Urban Lofts is not quality aesign nor usable space (B) Applicability. The Downtown Design -Overlay District applies to parcels of land located within the boundaries of the Downtown Design Overlay District. The Downtown Design Overlay District Architecture Standards are applicable in the following instances: (1) If a conflict occurs between different standards, these standards shall supersede the City's Nonresidential Design Standards; Office, and Mixed Use Design and Development Standards in the Downtown Design Overlay District and College Avenue Overlay District. (2) All new construction, additions or renovations shall comply with these standards regardless of whether the improvements require a permit; ordinary repairs and maintenance are not subject to these standards. Specifically, only the new construction or portions of the building that are being renovated shall comply with these standards. (3) Building designs that strictly comply with these standards are to be considered approved for matters of aesthetics and shall not require further discretionary review for architectural character or FAYETTEVILLE DOWNTOWN MASTER PLAN Executive Summary Why a plan? Towns are created step by step by many people. It is only possible to of timely upgrades. This is not a handbook for the slash -and -burn, coordinate public and private effort in a great townmaking enterprise slum -clearance / urban renewal plan of the kind that disassembled cen- with some idea of what the whole is meant to become as it evolves. tral cities a generation ago; this one's about putting the traditional city Fayetteville will build upon the proud legacy of its founders, and grow back together. a more beautiful, more sustainable Downtown, with this plan. The purpose of this document is to focus resources on things that will really make a difference. The Downtown Master Plan crystallizes the desires of Fayettevilles citizenry into buildable, functional visions, ant provides do -able instructions for government and private investors. Intensive public involvement was used to create this blueprint for Downtown's next distinguished century. Balance, above all, is the theme The many authors of this plan have struggled to find equilibrium between equally important goals. They have demanded a balancing between predictability and flexibility in regulations. They have insisted on balancing automotive mobility and convenience with pedestrian comfort and achieving the desired urban image for the heart of the community. They sought a balance between preservation of the historic character and a spirit of new-ness, and allowed no trade-off between productive real estate and environmental sensibility. With this plan Fayetteville can have all these. Building on History Fayetteville has a great downtown to start with. The goal of this plan is to show how to add to what's been accomplished with new generations Aril 30. 25W The plan /cols both short term and long term. While the Illustrative Master Plan focuses on the long-term vision for the future of Downtown as a whole, and foretells a series of changes and initiatives that will be decades in the making, there are specific sites identified in the plan that are prime locations for initial projects in the very near future. Examples of projects & initiatives in the plan meant to be undertaken soon or in our generation are the infill of vacant and underutilized sites on Dickson Street, Block Avenue and West Avenue, enabled by a first gen- eration of community ai king facilities: redevelopment of the Mountain Inn property; creation of a sizable Downtown Park; and a "road diet" narrowing the bloated College Avenue / Archibald Yell Boulevard corridor into a tree -lined grand avenue. Longer term arospec sin'the plan include e rammg o a - corn or wlth substantial redevelopment of blighted properties along the reclaimed avenue; redevelopment of the Fayetteville City Hospital and Hillcrest Towers parcels; and completion of more shared parking facilities timed to match private infill development. Implementation The plan includes an interlocking series of implementation measures. There is an entire chapter devoted exclusively to implementation. In addition, throughout the key chapters there are green boxes entitled "Getting There" that provide detailed action steps at the end of each major section. The primary olhicial implementation sAps ale to A. Adopt a new set of land development regulations, a form -based code for the Downtown district, replacing the existing zoning. Basic Principles Six fundamental strategies are established by the plan. First, a superbly walkable environment should be producec and showcased as Downtown's hallmark. Second, it must be made a orioritv to aet nvrng uownrown. I nlru, rayeuevwe needs to get smart about parking, so the need can be efficiently and susta:nably met but the sense of place is enhanced, not weakened, in the process. Fourth, smart rules that outper- orm the existing zoning should a put In place to attracT an secure a caliber of development worthy of Downtown. Fifth, an interconnected series of specialp/acusshould be nurtured and celebrated as Downtown's signature public spaces and best addresses. Sixth, Fayetteville must rec- ognize in all its actions that this part of the City has an experience -based economy, and thus continue to expand the focus on arts, culture and entertainment experiences as Downtown's drawing card. Teamwork & Patience The vision is compelling, but no one developer, group of elected offi- cials, or agency can pull it off alone. This plan is assembled around the idea that many coordinated actions (large and small) by the City govern- ment, businesses, developers. neighbors, the University, and cultural organizations will gradually grow the Downtown the citizens want. B. Establish a tax -increment financing mechanism that will be used, among other things, to produce shared parking and enable public -private redevelopment partnerships. C. Transform DDEP into a Business Improvement District. D. Undertake a series of improvements to improve walkability and viability for business and housing, including returning certain key streets to two-way traffic. E. Catalyze a shift from individual, inefficient surface parking lots to shared parking, parking structures, and to foster a park -once environment. Stay the Course Diligence and persistence in implementing this plan will reward Fayetteville with an inspiring Downtown scene, an ever higher quality of life, and continued economic prosperity. Victor Dover, Principal -in -Charge Margaret Marshall, Senior Project Director Dover, Kohl & Partners, Town Planning April 30, 2004 FAYETTEVILLE DOWNTOWN MASTER PLAN *v,cz1;-!;i d1;, � _ Stage 3: Build'r®s are but on both skies aides street, Taming an uban retatlaship and hamdomun9 CdNWAmnua iaio a apaially defined Saban roan" I CAFE CONNECTION:,, SIDEWALK TOUCHING BUILDINGS St The supenraket Is Improved by mMnCtlng a m mlzed-use trei9hhafrood PYPe- ThkAre B pdepict signal Totaled al fire wkersoctiun of Collage Avenue and Lafayal Stage 4 Altematve: A ro-dabmd, mplacirg des baific signal. is inhodu ed 10 tame baGc. The mundaba d serves sore a minds dwt you have aired it bwn and creed to dove nose slowly. A highly viarble feature, sLmh as public at sbmuld be pka and in the center of the mundW=t and shmkd be lit at FW cl w0 rr ra3.s 4M 3a,ba THERE IS NO PIT ALONG THE SIDEWALK IN THE FAYETTEVILLE MASTER PLAN; ONLY COMMERCE AND HOMES ADJACENT TO THE SIDEWALK THE PIT MUST QUIT WHY NOT THIS? N i 144 N. WASHINGT 60 UNITS PERK EXAMPLES OF NEARBY MISSING MIDDLE HOUSING DESIGNED FOR SITE- MINIMIZES EXPENSE ALL PARKING ON -SITE: NO TRAFFIC DANGER ADDS TO NEIGHBORHOOD VALUE 734 S. LOCUST 75 UNITS PER ACRE 769 S. WASHINGTON 30 UNITS PER ACRE LSD-2024-0011 S. NELSON HACKETT BLVD & Ak One Mile View W. 4TH ST NORTH 0 0.13 0.25 0.5 Miles RSF-4 1 W 1 R-O 74W f _.r it ■ ' ■ 1 j Subject Property 1 ■ 1 1 C-1 = KIN I-1— to "00� I— RMF-24 RSF-8 Neighborhood Link - - - zoning RESIDENTIAL SINGLE-FAMILY � I-z c.n.r.I maa.lri.I EXTRACTION Institutional Master Plan _ _ _ _ _ _ Ns-G RI-U = E-1 COMMERCIAL Regional Link - High Activity RI-12 NS-L R..ia.mi.I-omn. C-1 Urban Center �R..m.nY.I-Agncunural �c-z _ RSF-.5 C3 Unclassified _ RSF-1 FORM BASED DISTRICTS — Allay _ RSF-z = Dowm— core RSF< Urhan Tl ughh, — Residential Link ❑ .FI RSFA = M.I. so-..- c.m.r Dmmlwm Generel Shared -Use Paved Trail " RSF-1s �comm.my s.rvi.. RESIDENTIALMULTI-FAMILY N.igM1b h—I Servkes — — Trail (Proposed) p RMFS � NeigM1borM1ootl ConserveYon Design Overlay DISIrICt L-� g Y r , _ _ _ _ _ 1 RMP-1s �RMF-18 PLANNED ZONING DISTRICTS Fayetteville City Limits , r r—_-- r Planning Area - r ___ IIII. RMF-2C M Commercial. IntlusiM1al. ResitleMial INSTITUTIONAL 1 1 Planning Area ----' g �RMF-ag INDUSTRIAL P-1 Fayetteville City Limits _ _ _ I-, NeavyD.mm.rcl.I.MLIgMInaa.ih.I September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 149 of 151 LSD-2024-0011 S. NELSON HACKETT BLVD & Close Up View W. 4TH ST 5TH O J w Q I x V W r x O n � U � G n Subject Property SOUTH,,ST -NELSON HACKEV�.Iw` Urban Center ' g Plannin Area .-_. - - Fayetteville City Limits ! Design Overlay District w Q RSF-18 W �4TH ,STw Q O m U) 1 w �UE 5TH,ST- Feet 0 75 150 300 450 600 1:2,400 M A& NORTH RSF-18 RI-U Main Street Center Downtown General Neighborhood Conservation September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 150 of 151 September 23, 2024 LSD-2024-0011 (URBAN LOFTS AT NELSON HACKETT) Paqe 151 of 151 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington Senior Assistant City Attorney City Council Hannah Hungate Kara Paxton, City Clerk/Treasurer Assistant city Attorney Stacy Barnes CC: Susan Norton, Chief of Staff Paralegal Jonathan Curth, Development Services Directgx FROM: Kit Williams, City Attorney DATE: October 3, 2024 RE: Council appeal of Planning Commission's Approval of Large -Scale Development on the corner of Nelson Hacket and South Street Three City Council Members have informed City Clerk Kara Paxton and my office that they wish to appeal the Planning Commission's approval of a proposed apartment complex (a Large -Scale Development) along Nelson Hacket Boulevard, South Street, and two other city streets. Only a single Council Member is necessary for such an appeal on behalf of a resident. Since D'Andre Jones was first to expressly agree to sponsor such appeal, he became the official sponsor. However, the attached email shows that both Council Member Turk and Council Member Stafford wish to be co-sponsors of this appeal. City Council sponsors of an appeal to the City Council are not legally required to vote in favor of the appeal at the City Council meeting. The Planning Department will now need to prepare the record of the approval of this project at the Planning Commission and submit this information into Civic Clerk for the City Council's information. This appeal will most likely be heard at the November 7, 2024 City Council meeting. Williams,Kit From: Stafford, Bob Sent: Wednesday, October 2'20244:]SPK4 To: Turk, Teresa; Williams, Kit; Paxton, Kara Cc Shelton, Jackson; D'AndreJones Subject: Re: Request to appeal I will also like tVco-sponsor Thanks, Bob Get Outlook for iOS From: Turk, Teresa <teresa.turk@Ue-ecgov> Sent: Wednesday, October Z,3O244:33PK4 To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Cc: Shelton, Jackson ^lshe|ton@fayettevi||a-ar.gov>;D'AndreJones «dre9l73IOOO@gmnai|.conn>;Stafford, Bob «bob.stafford@fayettevi||e-ar.gov> Subject: Re: Request toappeal Kara, lwould like b)co-sponsor the appeal. Terns From: Williams, Kit <kvvUiams@Ue'ar.gnv> Sent: Wednesday, October 2,2U240yK9AM To: Paxton, Kara <kapaxton@fayetteviUe-ar.gnv> Cc: Shelton, Jackson ^]she|tnn@fayetteviUe'ar.Oov>;D'AndreJones <dre917320UU@Qmai|zom>;Turk, Teresa <tereso.turk@fayettevi||e'ar.gov>;Stafford, Bob xbob.stafford@foyetieviUe-ar.gnv> Subject: FVV:Request toappeal Ka ra' Reading this entire list of emails below, I conclude that Council Member D'Andre Jones has properly appealed the Planning Commission's decision to approve the Large Scale Development onthe corner ofNelson Hackett boulevard and South Street on behalf of resident Louise Gamache upon my forwarding of this email to you. Council Member Jones properly referenced the proper code listing approval/rejection criteria for an LSD and his concern about traffic safety. Kit �- From: D)AndreJones <dne91732O0O@Qmai|zom> Sent: Tuesday, October 1,2U247:34PK4 To: Williams, Kit<kwi||iams@fuyettovi||e'or.gov>; A|an@draina8edootornwazom; eoyu|e@yahoo.com Subject: Re: Request toappeal 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. Hello Kit I an appealing the planning commission's decision referencing Section 166.02 (C)(2)(a) The proposed development could pose dangerous traffic issues and impact the neighborhoods quality of life. I have included Alan Ostner and Louise Gamache of the neighborhood in this email. Sent from my iPhone On Oct 1, 2024, at 9:44 AM, Williams, Kit <k� �llianns,r ;Ea .ette _r_ile=ar.gov> wrote: Teresa was also asking about appealing this decision. Please see below what is required and the code sections which are attached. Kit From: Williams, Kit Sent: Tuesday, October 1, 2024 9:04 AM To: Turk, Teresa <teresa.turi<@fayetteville-ar.gov>; Pennington, Blake <bpennington fayetteville- a r.gov> Subject: RE: Request to appeal Teresa, You may appeal this decision for a resident by emailing your appeal for the resident to the City Clerk's Office. The appeal must be accomplished by next Monday (ten business days from the Planning Commission's decision). You need to reference Section 166.02 (C)(2)(a) and discuss a possible violation of subsection (iv) "The proposed development would create or compound a dangerous traffic condition." I have attached copies of the relevant Code sections for your information. If you have further questions, please call me. Kit From: Turk, Teresa <teresa.tur�@fayetteville-ar gov> Sent: Monday, September 30, 2024 8:05 PM To: Williams, Kit <kwilliamsfayetteville-ar.gov>; Pennington, Blake <bpennington�fayettevil[e-ar gov> Subject: Fwd: Request to appeal What is required to sponsor this appeal on behalf of this resident? What is the deadline to appeal this decision? Thanks in advance, Teresa Sent from my iPhone Begin forwarded message: From: Esyule <esvulef-�,xahoo.com> Date: September 30, 2024 at 8:02:53 PM CDT To: "Turk, Teresa" <teresa.turk cz),faye;ttevillc-an Tov> Subject: Request to appeal 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. From: Esyule <esyule@yahoo.com Subject: Lot at 4th St and South St, bordering on Nelson Hackett Blvd, plans and approval Sept. 23rd LSD-2024-0011 Dear Teresa: As a property owner and resident in Ward One on the south side, I am appalled by the approval to build on over 130 unit apartment complex with a parking lot to hold 72 cars on this lot which is just over an acre, on a hill off a busy road as well as building in parallel parking on Nelson Hackett Blvd. The residents and nearby residents spoke eloquently against this and I concur. It is a devastating money grab which will harm the existing neighborhood, pose dangerous traffic issues, congest a fragile historic area and harm the essential nature of this city. I ask that you appeal this decision on LSD-2024-0011 by the City Planning Board to allow the build yo proceed. If I and other concerned citizens of Fayetteville need to do more to stop this build, please let me know. Thank you. Louise Gamache 311 East Huntsville Rd 479-601-4519 esvule,rzvahoo.coin Sent from my iPhone 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: D'Andre Jones, Council Member Bob Stafford, Council Member CC: City Council Kara Paxton, City Clerk -Treasurer FROM: Kit Williams, City Attorney DATE: November 25, 2024 RE: Request for Legal Opinion Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal Schuyler Schwarting emailed City Council Members an argument that the Large Scale Development for the Lofts that was approved by the Planning Commission should be denied by the City Council. This argument was confined to an argument that the proposed Loft's construction "would create or compound a dangerous traffic condition." Council Members Jones and Stafford asked me to review Schwarting's argument in a legal memo to the City Council. The following is my analysis as requested. Schwarting's first argument is directed at the proposed parking on Nelson Hackett Avenue. The Planning Commission was also concerned about unprotected parking along Nelson Hackett with its substantial traffic and very curvy design. The Planning Commission then granted a variance to allow the road to be widened in front of the Lofts to add a buffer or slip lane so that drivers of parallel parked vehicles along the Lofts would not have to open their doors onto a traffic lane and also would have this slip lane to make parallel parking maneuvers safer. If the variance is denied by the City Council so the slip or buffer lane is not allowed, parallel parking along Nelson Hackett would appear to create a dangerous traffic condition. These parking spots would then no longer be available to the Lofts. However, removing these parking spaces would not prevent the construction of the Lofts unless it lowered the required parking below the minimum required which I do not believe it would. Both the Planning Commission and City Council (sitting with the same powers of the Planning Commission during an appeal) have great discretion when determining whether or not to grant a variance. This is especially true for the proposed parking along Nelson Hackett. Traffic studies are not normally required for a Large Scale Development but was appropriate for this proposed project. The length of time and area considered in a required traffic study can vary depending on the proposed project. I leave this determination to our City's Planning and Engineering Departments. I drive on South Street every workday to reach the Block Avenue in order to access the Town Center's parking deck. I am not certain that I know where the "pit adjacent to Nelson Hackett" that Schwarting refers to is located. If it is the area where South Street rises to intersect with Nelson Hackett, I know that this intersection has become much safer with the recent addition of a traffic signal. A traffic study for this intersection could provide data relevant to whether this is or would likely become a dangerous traffic condition sufficient to deny approval of a Large Scale Development. Any such determination of danger needs to be supported with factual data rather than merely conclusory arguments. Any issue regarding fire access for this project is the responsibility of the Fayetteville Fire Department. Unless the Fire Department objects to the project's available fire access, this is not a proper objection that the City Council could consider. Schwarting's objection that tenants would have "to travel through neighborhood streets to access the proposed development" is not an unusual situation for many Large Scale Developments in Fayetteville. It is also not a proper consideration in Schwarting's claim that the Lofts creates or compounds a dangerous traffic situation. Although the fact that existing residents may have to drive around the neighborhood looking for empty parking spaces can be quite aggravating, I do not believe such increased congestion without further proof can rise to level sufficient to meet the "create or compound a dangerous traffic condition" required to deny a Large Scale Development. The fact that some of these residential streets may have "unprotected turns" at their intersections is also insufficient grounds to justify reversal of the Planning Commission approval of the LSD. Facts, not conjectures, are required to deny the Large Scale Development approved by the Planning Department. The City Council's approved redesign of the Rock Street intersection with College Avenue enforced with curbing the previous "no left turn' signs from Rock Street left onto Nelson Hackett. Most drivers heading up the hill on Rock Street have long turned right toward North College or the Square. No Rock Street driver has legally turned left toward the Block Street intersection with Nelson Hacket for a long time. The new traffic signal at South Street and Nelson Hackett have encouraged more drivers seeking to go South or West to use the traffic signal at South Street for better protected access. The occupation of the Lofts apartment building will certainly cause increased parking issues for existing residents. It also likely that the signalized intersection at South and Nelson Hackett will get more traffic than it currently handles. This is not really a problem caused by the Lofts project, but by the City Council approved Code sections that gives automatic reductions to developers to supply less than "one parking space per bedroom' for bike racks and bus stops at fairly distant locations. The Council may wish to make those variances to reduce required parking spaces below one per bedroom something that the Planning Department, Planning Commission, and City Council could grant rather than what a developer has unfettered discretion to use in order to reduce required parking spaces for a project's tenants. That reduction cannot be changed for the Lofts, but only for future developments if the City Code is amended. CONCLUSION (1) The variance granted by the Planning Commission for parallel parking on Nelson Hackett is within the City Council's power and discretion to approve or reject. Rejecting this provision will remove about eight parking places from the project's tenants who then will have to park somewhere else in the adjoining neighborhood. (2) The other variances would also result in other lost tenant parking spaces. Again, this would cause more congestion and force more tenants to park on neighborhood streets. (3) I believe that the Planning Department has stated that removing these variances will not support the rejection or disapproval of the Large Scale Development which can be constructed even if all approved variances were to be overturned by the City Council. (4) Schuyler Schwarting has presented some well written and thoughtful arguments against the Planning Commissions decision to approve the Lofts' LSD project. However, I believe that there is currently insufficient facts and data to overturn the Planning Commission's approval of this Large Scale Development. Please remember my cautions and the Arkansas Supreme Court's ruling that I have repeatedly warned previous City Councils about since 2002: "If a proposed Large Scale Development meets the minimum standards of the Unified Development Ordinance, it must be approved even if every Alderman believes it is a terrible development unanimously opposed by the neighbors. 'When a subdivision ordinance specifies minimum standards to which a preliminary plat must conform, it is arbitrary as a matter of law to deny approval of a plat that meets those standards.' Richardson v. City of Little Rock Planning Commission, 295 Ark. 189, 747 S.W. 2d 116,117 (1988). If a denial is 'arbitrary as a matter of law', the City would be overturned in Court... ." Received From: Kit Williams 12/04/2024 9:18 A.M. BILL OF ASSURANCE This Bill of Assurance is hereby voluntarily made, entered into and effective as of this day of December, 2024, by Dallas Collection LLC in favor of the City of Fayetteville, Arkansas, the residents of the City of Fayetteville, Arkansas and, most particularly, the residents of South Square Neighborhood, for the express purposes of protecting the property rights of all residents in South Square Neighborhood, and for protecting the parking rights and on -street parking access for the residents of South Square Neighborhood, such that Dallas Collection LLC specifically agrees, binds itself and assures, as follows: WHEREAS, Dallas Collection, LLC is the owner of certain property located in the City of Fayetteville, Washington County, Arkansas more specifically described as Parcel # 765-07087-000 (the "Urban Lofts Property"), and which is fully described in the legal description of said property which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, Dallas Collection LLC plans and intends to develop said Urban Lofts Property into a multi -family residence with approximately 138 total living units; and WHEREAS, the current design plans for the Urban Lofts Property include on -site parking spaces for 77 automobiles, on -site spaces for 13 scooters, and 28 off-site/on-street automobile spaces (the "Parking Allotment"); and WHEREAS, the residents of South Square Neighborhood have and require on -street parking for their vehicles and have utilized said on -street parking in the South Square Neighborhood for decades prior to the planned development of the Urban Lofts Property, and homes in this neighborhood frequently redevelop from one home to two or three or more homes which requires future on -street parking; and WHEREAS, notwithstanding the Parking Allotment provided for in the current design plans, Dallas Collection LLC represents and, by this Bill of Assurance provides formal assurances, that it will not require or utilize any on -street parking spaces in the South Square Neighborhood beyond those twenty-eight (28) spaces which are contiguous with the Urban Lofts Property and which are included in the development plan Parking Allotment; NOW, THEREFORE, to ensure that the residents of South Square Neighborhood continue to have access to and utilization of sufficient on -street parking for their respective residences, and to confirm that Dallas Collection, LLC does not intend to interfere with those on -street parking rights and access of the South Square Neighborhood residents as a result of the Urban Lofts Property development, Dallas Collection, LLC specifically agrees and by the Bill of Assurance formally assures each of the following: Page 1 of 5 1. Dallas Collection, LLC has previously developed and produced the "Urban Lofts Parking Strategy: Comprehensive 5-Point Plan" ("Comprehensive Parking Plan") which addresses and details the parking plan for the Lofts Property post -development. The Comprehensive Parking Plan is fully and completely incorporated into this Bill of Assurance as if set forth word for word herein, and is attached to this Bill of Assurance as Exhibit `B." Urban Lofts agrees, confirms and assures that it will strictly abide by said Comprehensive Parking Plan during and after development of the Lofts Property, and will strictly enforce said Comprehensive Parking Plan with all of its residents, tenants, owners, lessees and all others utilizing the Lofts Property, and agrees that the Comprehensive Parking Plan will bind all of its heirs, successors and assigns of said Lofts Property. 2. Dallas Collection, LLC specifically agrees, confirms and assures that it will not request, will not seek, and will not be entitled to passes/stickers/access for any more than twenty- eight (28) vehicles in any future adjoining, adjacent or nearby Fayetteville Parking Management District(s) implemented by the City of Fayetteville in and around South Square Neighborhood. Dallas Collection, LLC acknowledges that its twenty-eight (28) vehicle maximum limit equals the total number of on -street parking spaces currently adjoining the Urban Lofts Property and which are accounted for in its Parking Allotment and, as such, agrees and assures that its membership (for its owners, agents, tenants, lessees, employees, etc.) in any future Parking Management District(s) will be expressly limited to a maximum of twenty-eight (28) vehicles, and it shall not seek, request or otherwise attempt to secure any additional parking passes or spaces in any Parking Management District(s). 3. Dallas Collection, LLC expressly grants to the City of Fayetteville, Arkansas and to all property owners in the South Square Neighborhood the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County, Arkansas, and Dallas Collection, LLC agrees that if it, its owners, agents, heirs, successors in interest, or assigns violates any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas and to the residents of the South Square Neighborhood. Dallas Collection, LLC acknowledges that the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Dallas Collection, LLC's Large Scale Development Plan and, if approved, will require strict compliance and adherence with said Bill of Assurance. 4. Urban Lofts Property specifically agrees that all such terms, restrictions and assurances contained herein shall run with the land and shall bind all future owners of said Urban Lofts Property, including any and all tenants, lessees or other residents on said Urban Lofts Property. This Bill of Assurance shall be filed of record in the Washington County Circuit Page 2 of 5 Clerk's Office, formally binding the Dallas Collection LLC and the Urban Lofts Property, including all successors in interest of the property, to this Bill of Assurance. This Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approval which includes some or all of the Urban Lofts Property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, , as the authorized agent of Dallas Collection, LLC, voluntarily agree and offer all such assurances set forth herein and sign my name below. Printed Name of Authorized Agent Signature STATE OF ARKANSAS COUNTY OF WASHINGTON Position or Title of Authorized Agent Date ACKNOWLEDGMENT ss. On this, the day of December, 2024, before me, the undersigned notary, personally appeared , 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 for the reasons set forth herein. NOTARY PUBLIC My Commission Expires: Page 3 of 5 Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 6/12/2024 10:57:23 AM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File# 2024-00014488 Exhibit "A": Property Legal Description Prepared under the supervision of: Blake Hanby, Attorney 3790 N. Bellatont Blvd, Suite 3 Fayetteville, AR 72703 File # 23-6289 KNOW ALL MEN BY THESE PRESENTS: That we, Andrew Berner, a married person, and Osment Investments, LLC, an Arkansas limited liability company, hereinafter called Grantors, for and in consideration of the sum of One and No/ I 00-----Dollars---($1.00) and other good and valuable consideration in hand paid by The Dallas Collection, LLC, an Arkansas limited liability company, hereinafter called Grantee, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto said Grantee and unto its successors and assigns, forever, the following described land, situated and being in the County of Washington, State of Arkansas, to -wit: PART OF LOTS 4 AND 5, AND ALL OF LOTS 6 AND 7, BLOCK 17, AND PART OF LOTS 1, 2 AND 3, AND ALL OF LOTS 4, 5, 6 AND 7, BLOCK 18, JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION, BEING ALL OF SAID LOTS IN SAID BLOCKS LYING SOUTH AND EAST OF ARCHIBALD YELL DRIVE (US HIGHWAY NO. 71) SITUATED IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. RECITAL: No revenue stamps are due on this conveyance. TO HAVE AND TO HOLD the same unto said Grantee and unto its successors and assigns, forever, with all appurtenances thereunto belonging. And we hereby covenant with said Grantee that we will forever warrant and defend the title to the said lands against all claims whatsoever. And we, Andrew Berner and Christina Berner, a married couple, for and in consideration of said sum of money, do hereby release and relinquish unto said Grantee all our rights of curtesy, dower and homestead in and to the said lands. Signature page to, follow File Number: 2024-00014488 Page 1 of 5 Executed and Delivered to be Effective as of the I Ith day of.lune, 2024. Andrew Berner and Christina Berner. a married couple By: �''� z/ Andrew Berner By: Christina Berner ACKNOWLEDGMENT STATE OF ARKANSAS ) Ss fZITY OF ) Gn this day before the undersigned, a Notary Public. duly commissioned, qualified and acting, within and for the said County and State. appeared in person the within named Andrew Berner and Christina Berner, a married couple, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foreboing, instrument and ackllowled,,ed that they have executed the same for the consideration. uses and purposes therein set forth. In Testimony Whereof, I have hereunto set my hand and offiicialwakhis,I I" day of June, 2024. �f a y Public -f El u VI}' Commission Expires: f File Number: 2024-00014488 Page 2 of 5 Osment Investments, LLC, an Arkansas limited liability company By: Ray Osment, Man ger ACKNOWLEDGMENT STATE OF ARKANSAS ) SS C�UNTY OF ) On this day before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Ray Osment, known to me (or satisfactorily proven) to be the pet -son who executed the foregoing instrument, who stated and acknowledged that he is the duly authorized Manager of Osment Investments, LLC, an Arkansas limited liability company, and who further stated and acknowledged that 11e, being duly authorized in said capacity, has executed the same for the consideration, uses and purposes therein set forth. In Testimony Whereof, I have hereunto set my hand and official seal this I I" day of June, 2024. Notary Public My Commission Expires: , NOTARY PUBLIC -STATE OF ARKANSAS RANDOLPH COUNTY My Commission Expires 11-17-2026 File Number: 2024-00014488 Page 3 of 5 EXHIBIT "A" Description of Property PART OF LOTS 4 AND 5, AND ALL OF LOTS 6 AND 7, BLOCK 17, AND PART OF LOTS 1, 2 AND 3, AND ALL OF LOTS 4, 5, 6 AND 7, BLOCK 18, JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. BEING ALL OF SAID LOTS IN SAID BLOCKS LYING SOUTH AND EAST OF ARCHIBALD YELL DRIVE (US HIGHWAY NO. 71) SITUATED IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Subject to easements, restrictions, reservations, covenants and rights of way of record. Subject to all prior mineral reservations and oil and gas leases, if any. Page 2 of 2 File Number: 2024-00014488 Page 4 of 5 �ylY. ST,ji, ;. �� ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Real Property Transfer Tax Affidavit of Compliance Form m Grantee (Purchaser) Name Grantor (Seller) Name The Dallas Collection, LLC Andrew Berner; Osment Investments, LLC Address Address 2228 Cottondale Lane, Suite 220 2228 Cottondale Lane, Suite 220 City State Zip Code City Stale Zip Code 172202 Little Rock �AR 172202 Little Rock AR Date of real property transfer (as reflected on the transfer instrument): 6/1 1 /2024 Name of the county where the property is located: WaShington Amount of the full consideration for the transaction: 0.00 Please select the appropriate exemption below: A transfer to or from the United States. the State of Arkansas, or any of the instrumentalities, agencies, or political subdivisions of the C United States or the State of Arkansas. (' Any instrument or writing given solely to secure a debt �. Any instrument solely for the purpose of correcting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the lime of the previous recordation. (— An instrument conveying land sold for delinquent taxes. r An instrument conveying leasehold interest in land only. An instrument, including a limber deed. that conveys or grants the right to remove limber from land if the instrument grants or conveys the right to remove timber for a period of not to exceed hventy-four (24) months. An instrument given by one (1) party in a divorce action to other party to the divorce action as a division of marital property whether by agreement or order of the court. An instrument given in any judicial proceeding to enforce any security interest in real estate when the instrument transfers the properly to the same person who is seeking to enforce the security interest. ( An instrument given to a secured party in lieu of or to avoid a judicial proceeding to enforce a security interest in real estate. An instrument conveying a home financed by the Federal Housing Administration, the United States Department of Veterans Affairs, or ( the United States Department of Agriculture Rural Development, if the sale price of the home is sixty thousand dollars ($60,000) or less and the seller files with the county recorder of deeds a sworn statement by the buyer staring that neither the buyer nor the spouse of the buyer has owned a home within three (3) years of the date of closing and also stating the sale price of the home. An instrument conveying land between corporations, parinerships, limited liability companies, or other business entities or between a i business entity and its shareholder, partner or member incident to the organization, reorganization, merger,consolidation, capitalization, asset distribution, or liquidation of a corporation, partnership, limited liability company, or other business entity. ( A beneficiary deed under ACA 18-12-608. Washington County, AR I certify this instrument was filed on (' Consideration of $100 or less 6/12/2024 10:57:23 AM and recorded in REAL ESTATE ( Other (Explain): File# 2024-00014488 Kvip _- P_r - .I Clll CIerIC I certify under penalty of false swearing that documentary stamps or a documentary symbol in the gatly correct amount has been placed on this instrument. Andrew Berner, Manager 6/11 /2024 (Print Name) (Signature of Requestor) (Date) Real Property Tax Affidavit of Compliance Form (R 10/08/13) File Number: 2024-00014488 Page 5 of 5 Exhibit "B": Parking Strategy Urban Lofts Parking Strategy: Comprehensive 5- Point Plan 1. Encouraging Car -Free Living The project is designed to prioritize a car -free lifestyle through thoughtfully planned infrastructure, supportive amenities, and strategic partnerships that provide a range of convenient transportation options. We anticipate that vehicle demand will be lower at this location based on the comprehensive alternatives provided to residents, including bike infrastructure, public transit access, and incentives for reducing vehicle ownership. Key elements include: • Rent Reduction Incentives As part of our commitment to sustainable urban living, we're offering a $100 monthly rent reduction in the all-inclusive package for residents who choose not to bring a vehicle. This financial benefit not only rewards those opting for a car -free lifestyle but also helps foster a community focused on reducing vehicle dependency. By choosing to forego a personal vehicle, residents can save significantly on monthly expenses while accessing the variety of transit options and alternative transportation solutions provided by The Urban Lofts. • Bike and Micro -Mobility Support Secure bike storage will be provided, along with strategically placed bike racks, to promote cycling as a primary mode of transportation. A conveniently located bike wash station will create a unique amenity for bikers, supporting a community of active commuters. • Public Transit Integration The building is located just a few blocks away from several Ozark Regional Transit (ORT) stops with on -demand pickups available, making public transit an accessible and convenient option. We will enhance this by providing posted signage in key pickup and common areas to support and educate residents on utilizing public transit. To further encourage public transit use, The Urban Lofts will reimburse residents for a "10 Trips" Bus Pass once a month, reducing the cost barrier for choosing public transportation. Our long-term goal is to develop our relationship with ORT, building enough resident demand to support a full-time ORT stop directly at our building. • Rideshare and Delivery Zones Designated zones for Uber, Lyft, and delivery services will streamline pickups and drop- offs, making shared and on -demand mobility options easy and convenient for residents and visitors alike. By integrating these strategies and incentives, we position the project as a leader in sustainable, urban living that actively minimizes the need for car ownership while enhancing quality of life for our residents. 2. Preserving Neighborhood Integrity Addressing concerns about potential parking spillover into adjacent neighborhoods is a top priority for the project. To prevent any disruption to the surrounding community, we will implement strict parking policies within lease agreements that prohibit residents from parking in neighboring streets. We will enforce this through a combination of clear resident education, monitoring, and strategic partnerships. Key elements include: • Vehicle Registration and Permit Requirements Each resident at The Urban Loft Co. will be required to register their vehicles with us prior to leasing and display branded parking permits at all times. This measure ensures that only authorized vehicles are parked on -site, making it easier to identify non -compliant vehicles. If a resident owns a car, they must rent a spot either in the on -site lot or at the Town Center Parking Deck, ensuring all resident vehicles remain in designated areas. • Resident Education and Communication All residents will be informed about the parking policies and restrictions during the leasing process and through ongoing communications. Educational materials will include detailed maps, guidelines, and information about additional parking options at the Town Center Parking Deck to ensure residents understand and comply with the policies. • Active Monitoring and Enforcement We will work closely with local authorities and neighborhood associations to monitor parking behavior around the property. Residents found repeatedly violating parking restrictions will be subject to fines, lease penalties, or termination. • Proactive Community Engagement Our team will maintain an open line of communication with neighborhood stakeholders, attending community meetings and being responsive to feedback and concerns. This proactive approach helps build trust and demonstrates our commitment to being good neighbors. By taking these steps, we aim to respect the integrity of the surrounding neighborhoods and maintain a positive relationship with the local community. 3. Access to Additional Parking Resources To further ensure there is zero added parking stress to nearby neighborhoods, we have secured additional parking at the Town Center Parking Deck, located just a few blocks away. Urban Lofts will purchase permits directly from the city and make them available to residents on a rental basis. This arrangement is intended to serve as a contingency solution for additional parking, ensuring that vehicle storage needs can be addressed without impacting the on -site parking ratios. Additionally, Justin Clay, Fayetteville's Parking Manager, has encouraged the use of these additional permits to help fill vacancies at the Town Center Parking Deck, creating a mutually beneficial solution. Key components of this structure include: • Centralized Permit Management By purchasing permits directly from the city, Urban Lofts retains control over the allocation and management of these spaces, ensuring that they are only utilized when necessary. This approach prevents unauthorized use and allows for efficient permit tracking. • Resident Rental of Designated Spots Residents who require a vehicle storage solution can rent these spots from Urban Lofts, ensuring a structured and controlled parking process. This will also require residents to display visible parking permits in their vehicles, making it easy to identify authorized vehicles and maintain compliance. • Additional Parking Solution The primary intent is to have these permits available as a reserve option for residents who have unanticipated or temporary parking needs. By managing these spots in-house, we can limit dependency on long-term vehicle ownership and maintain the project's focus on car -free living. This structured arrangement not only provides flexibility for vehicle owners but also ensures that additional parking remains organized, with clear guidelines for use and visibility. 4. Visitor Parking Allocation Understanding the importance of accommodating guests, we will allocate a specific number of on -site parking spaces for visitor use. This allocation is based on the expectation that resident parking demand will be underutilized, allowing us to repurpose a portion of the available spaces without compromising on -site parking needs for residents. Key elements include: • Designated Visitor Spots Clearly marked parking spots will be designated for visitors and located near building entrances to provide easy access. These spots will be distinguished from resident parking to avoid confusion and promote orderly parking management. • Visitor Permits and Time Limits Visitor parking will operate on a digital permit basis through Parking Boss. Residents will be able to request temporary digital visitor permits using the Parking Boss portal, which will generate a unique pass that can be displayed digitally on a smartphone or printed out. Time limits can be set to encourage turnover and maintain availability for incoming guests. • Real -Time Monitoring and Oversight Parking Boss will allow us to actively monitor the use of visitor spaces, track permit issuance, and identify any unauthorized vehicles. This real-time visibility will ensure that the designated visitor parking is used effectively and consistently. Adjustments can be made as needed based on visitor patterns and resident feedback. By offering a streamlined digital permit system and dedicated visitor parking, we create a welcoming environment for guests while maintaining efficient use of on -site parking resources. 5. Dynamic Parking Allocation Given the unique focus on car -free living and anticipated underutilization of traditional parking spaces, our approach will include flexible parking allocation that evolves based on real-time data and resident needs. This strategy allows us to adapt to changing transportation preferences, ensuring that the on -site parking remains efficient and responsive. Key elements include: • Quarterly Parking Surveys We will conduct quarterly parking surveys to track usage patterns, resident feedback, and parking demands. This data will be used to identify areas where adjustments are needed and to ensure that the designated parking resources are being used optimally. • Reassignment of Parking Spaces As resident needs evolve, we will have the ability to reassign underutilized resident spaces to better serve micro -mobility, visitor parking, or shared mobility options. This flexibility allows us to respond to demand shifts without needing to add new spaces, maintaining the project's commitment to reducing vehicle dependency. • Transparent Communication with Residents Residents will be informed of any changes in parking allocations through regular updates, ensuring clarity and minimizing disruptions. Clear signage and digital communication will be used to guide residents through any new designations or policy adjustments. By prioritizing a dynamic and data -driven approach, we can optimize parking resources to align with the project's core goals of promoting alternative transportation and minimizing vehicle use. From: Alan Ostner To: Alan Ostner; CityClerk Cc: Williams. Kit Subject: Fwd: Bill of Assurance -Urban Lofts Date: Wednesday, December 4, 2024 7:51:31 AM Attachments: Bill of Assurance - Urban Lofts.odf 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. Hello Fayetteville City Council, The neighborhood executive committee met with the Urban Lofts developers a few weeks ago. It was a productive meeting. We agreed that the apartment dwellers should not park on the neighborhood streets. The attached Bill of Assurance simply restates the agreements the developer has talked about for the past few months: limit the number of cars that the apartment unit will have in the possible future South Square Parking Management District. The neighbors hope to see this voluntary Bill of Assurance signed by the property owner tonight at the Council hearing on Urban Lofts. It simply takes the statements the developer has agreed to and puts them into an agreement to run with the land in the future. Best, Alan Ostner, ASLA, PLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0428970724 BSA Scoutmaster Member: Ark. Better Business Bureau Member: Ark. Native Plant Society Education Committee C: 479.387.7900 W: www.drainaaedoctornwa.com E: alan(c drainaoedoctornwa.com I reply to texts and emails from 8am-6pm M-F ---------- Forwarded message --------- From: Alan Ostner <alann.drainagedoctornwa.com> Date: Tue, Dec 3, 2024 at 7:00 AM Subject: Bill of Assurance -Urban Lofts To: Tim Redden <tredden o jettoncon.com>, Parker Sitton <psitton&theurbanloftco.com>, Alan Ostner <alan&drainagedoctomwa.com> Hi Tim and Parker, Attached please find the Bill of Assurance the neighbors are interested in. If we could see this signed, handed to the city attorney before the vote, to be later filed with the plat at the county courthouse, we would most likely drop our opposition to the project. Let me know if you have any questions. Best, Ala n Ostner,ASLA,PLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0428970724 BSA Scoutmaster Member: Ark. Better Business Bureau Member: Ark. Master Gardeners Member: Ark. Native Plant Society Education Committee C: 479.387.7900 W: www.drainaaedoctornwa.com E: alan(c drainaaedoctornwa.com I reply to texts and emails from 8am-6pm M-F From: Williams, Kit To: Alan Ostner; CityClerk Cc: Curth, Jonathan; Norton, Susan; Pennington, Blake Subject: RE: Bill of Assurance -Urban Lofts Date: Wednesday, December 4, 2024 9:17:40 AM Attachments: Blank Bill of Assurance - revised 7.11.24.docx Alan, All bills of assurance voluntarily offered by a zoning applicant must follow the form I designed to ensure it would be enforceable. Attached is that form. This appeal is from a development approval of a Large Scale Development for a build by right. The applicant could request that the appeal be granted to slightly amend the Large Scale Development's conditions to refrain from requesting any property owner's privileges to park in a designated parking district beyond the on street parking spaces currently shown on the project plan. Any such agreement would be with and enforced by the City, not any neighborhood group. I cannot recommend that the City council approve your document. I have heard no actual decision by the City Council to establish and enforce any new parking district. Kit From: Alan Ostner <alan@drainagedoctornwa.com> Sent: Wednesday, December 4, 2024 7:51 AM To: Alan Ostner <alan@drainagedoctornwa.com>; CityClerk <cityclerk@fayetteville-ar.gov> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Fwd: Bill of Assurance -Urban Lofts 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. Hello Fayetteville City Council, The neighborhood executive committee met with the Urban Lofts developers a few weeks ago. It was a productive meeting. We agreed that the apartment dwellers should not park on the neighborhood streets. The attached Bill of Assurance simply restates the agreements the developer has talked about for the past few months: limit the number of cars that the apartment unit will have in the possible future South Square Parking Management District. The neighbors hope to see this voluntary Bill of Assurance signed by the property owner tonight at the Council hearing on Urban Lofts. It simply takes the statements the developer has agreed to and puts them into an agreement to run with the land in the future. Best, Alan Ostner, ASLA,PLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0428970724 BSA Scoutmaster Member: Ark. Better Business Bureau Member: Ark. Native Plant Society Education Committee C: 479.387.7900 W: www.drainagedoctornwa.com E: aIan Cla drainaaedoctornwa.com I reply to texts and emails from 8am-6pm M-F ---------- Forwarded message --------- From: Alan Ostner <alan o.drainagedoctornwa.com> Date: Tue, Dec 3, 2024 at 7:00 AM Subject: Bill of Assurance -Urban Lofts To: Tim Redden <treddengJettoncon.com>, Parker Sitton <psitton(a)theurbanloftco.com>, Alan Ostner <alan(Vdrainagedoctornwa.com> Hi Tim and Parker, Attached please find the Bill of Assurance the neighbors are interested in. If we could see this signed, handed to the city attorney before the vote, to be later filed with the plat at the county courthouse, we would most likely drop our opposition to the project. Let me know if you have any questions. Best, Alan Ostner, ASLA, PLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0428970724 BSA Scoutmaster Member: Ark. Better Business Bureau Member: Ark. Master Gardeners Member: Ark. Native Plant Society Education Committee C: 479.387.7900 W: www.drainaaedoctornwa.com E: alan()drainaoedoctornwa.com I reply to texts and emails from 8am-6pm M-F