HomeMy WebLinkAboutORDINANCE 5980113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5980
File Number: 2017-0271
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Doc ID: 01.7532140003 Type: REL
Kind: ORDINANCE
Recorded: 07/11/2017 at 09:14:21 AM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR
Kyle Sylvest
�jer Circuit Clerk[]
File201 I —00020968
RZN 17-5770 (769 & 785 S. WASHINGTON AVE./WARFORD PROPERTIES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
5770 FOR APPROXIMATELY 0.45 ACRES LOCATED AT 769 AND 785 SOUTH WASHINGTON
AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL
INTERMEDIATE, URBAN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI -U,
Residential Intermediate, Urban.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map
of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 6/6/2017
Page 1
Attest:
Sondra E. Smith, City Clerk Treasurer 0111111111111.
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Printed on 6/7/17
RZN 17-5770 WARFORD PROPERTIES I 77-5770
Close Up View
7TH ST
P-1
Legend
Planning Area
9
'
Fayetteville Cit Limits
Y Y
Trail (Proposed)
Building Footprint
� n
Q
z
9TH ST
� w
z
0
�M 0.
O
z
9
Feet
0 75 150 300 450 600
1 inch = 200 feet
EXHIBIT 'A
RSF-18
J&
NORTH
RSF-18
® Downtown General
f ^7 Neighborhood Conservation
P-1
17-5770
EXHIBIT 'B'
Legal Description of Subject Property:
Lots Thirty five (35), Thirty six (36), Thirty seven (37), Thirty eight (38), Thirty nine (39), and
Forty (40) in Block One of Glenwood Park Addition to the City of Fayetteville, Arkansas, as per
Plat of said Addition, on file in the office of the Circuit Clerk and Ex -Officio Register of Deeds of
Washington County, Arkansas.
Washington County, AR
I certify this instrument was filed on
07/11/2017 09:14:21 AM
and recorded in Real Estate
File Number -17- 00 0968
Kyle Sylwe ui Clerk
by - -
City of Fayetteville, Arkansas 113 West Mountain Street
_ Fayetteville, AR 72701
(479) 575-8323
Text File
- File Number: 2017-0271
Agenda Date: 6/6/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 7
RZN 17-5770 (769 & 785 S. WASHINGTON AVE.IWARFORD PROPERTIES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-5770 FOR APPROXIMATELY 0.45 ACRES LOCATED AT 769 AND 785 SOUTH
WASHINGTON AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U,
RESIDENTIAL INTERMEDIATE, URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI -U,
Residential Intermediate, Urban.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 6/7/2017
City of Fayetteville Staff Review Form
2017-0271
Legistar File ID
/6/21x7
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Andrew Garner 5/19/2017 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 17-5770: Rezone (769 & 785 S. WASHINGTON AVE./WARFORD PROPERTIES, 563): Submitted by FLYER REAL
ESTATE for properties at 769 & 785 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD
CONSERVATION and contain approximately 0.45acres. The request is to rezone the property to RI -U, RESIDENTIAL
INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
V20140710
I
' CITY COUNCIL AGENDA MEMO
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2017
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, Planning Director
FROM: Harry Davis, Planner
DATE: May 19, 2017
SUBJECT: RZN 17-5770: Rezone (769 & 785 S. WASHINGTON AVEJWARFORD
PROPERTIES, 563): Submitted by FLYER REAL ESTATE for properties at 769 &
785 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD
CONSERVATION and contain approximately 0.45acres. The request is to rezone
the property to RI -U, RESIDENTIAL -INTERMEDIATE -URBAN.
RECOMMENDATION:
The City Planning staff recommends denial and the Planning Commission recommend approval
of an ordinance to rezone the subject property to RI -U, Residential Intermediate -Urban as shown
in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject three properties totaling 0.45 acres are located at 769 and 785 South Washington
Avenue near the intersection of Washington and 7th Street. These parcels are zoned NC,
Neighborhood Conservation, comprising Block 1, Lots 35-40 of the historic and original plat of
Glenwood Park Subdivision, which was recorded in 1912. There are currently single-family homes
on two of the three parcels. As depicted in the attached photographs by staff (found in the PC
report), the property is surrounded on three sides by relatively small, one-story single-family
homes in NC, Neighborhood Conservation and DG, Downtown General districts To the east is a
1,200 square foot commercial building and more single-family homes across Washington Avenue.
In July of 2008, the subject property, along with approximately 300 acres of the wider Walker Park
Neighborhood, were rezoned in accordance with the Walker Park Neighborhood Master Plan.
Among other changes, this rezoning removed the existing RMF -24, Residential Multi -family, 24
Units per Acre, designation on the subject property, and replaced it with the current NC,
Neighborhood Conservation, zoning district.
Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI -U,
Residential Intermediate -Urban. The applicant stated the rezoning is needed to allow flexibility in
lot widths and area to meet housing demands in South Fayetteville.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Public Comment: There is considerable public comment from citizens of Fayetteville and residents
of the neighborhood who are opposed to the rezone. Concerns are largely centered around a
perceived disregard for Walker Park and a fear that the neighborhood's character is `under attack,'
with current residents under being pressure to sell their properties against the best interest of the
larger neighborhood. Neighbors have expressed opposition to uses stating compatibility issues
for development other than single-family homes, increases in density, the lack of a density cap in
RI -U, and traffic associated with developing these lots with anything above single-family. There
is some enthusiasm for development and redevelopment that is occurring in Walker Park, as long
as it is single-family in character and use in wherever areas zoned for it.
Land Use Compatibility: The proposed zoning is generally not compatible in this location. The
immediately surrounding properties are single-family, detached residences in a well-established
neighborhood of Fayetteville. It is certainly possible to develop attached residential housing in a
manner_ that is compatible and even complimentary to detached single-family housing, but the
exceptionally small lot widths allowed under RI -U, with only 18 feet required for any dwelling
versus 40 feet for a single-family dwelling and 80 for a two-family dwelling under NC, can create
an indisputably divergent development pattern when compared with most properties in the
immediate and greater vicinity. The neighbors who have provided public comment have a
significantly strong argument, as they understand at an intimate level what could and could not
be compatible to their neighborhood. Based on the proposed RI -U, the applicant could very
quickly densify this area with four-plexes by utilizing the adjoining alley right-of-way and
constructing unit types that may or may not be context sensitive to the rest of the neighborhood.
Permitting attached dwellings by right also removes the conditional use permit requisite under the
NC zoning. By requiring a conditional use permit, neighbors, staff, and the Planning Commission
are all able to review and comment upon whether a- proposal is compatible and complimentary.
The applicant also owns the properties at the corner of 7th and Washington, which -are zoned DG.
All the properties owned by the applicant at this location are up for sale as of writing this report. It
is completely reasonable and possible that, with the proposed rezone, development is imminent
for this part of the neighborhood.
There are a fair number of structures with mixed density sprinkled throughout Walker Park, with
numerous 2-, 3-, and 4- family dwellings within a short walk of the subject parcels. Many of these
are of a size and character that is comparable to, and compatible with, the predominantly single-
family character of the neighborhood.
Land Use Plan Analysis: Fayetteville's overarching City Plan 2030 and the more localized Walker
Park Neighborhood Master Plan appear to be in agreement with staff's recommendation
regarding the proposed rezoning. It is staff's opinion that the proposal is generally incompatible
with the intended future land use for this location.
When reviewing the Walker Park Neighborhood Master Plan in greater detail, it states that a
diversity of housing is indeed desired, but that attached housing should be developed "in strategic
areas, such as neighborhood commercial areas or major thoroughfares", rather than in an
established single-family residential area as proposed.
City Plan 2030 states that "appropriate infill" is a priority. The City's comprehensive plan
acknowledges the value of increasing density in locations where City services and utilities already
exist, but only where it "reflects the existing community character." Along the same lines, the
Walker Park Neighborhood Master Plan details that a balance and diversity of housing created
through infill is desired and can take advantage of existing infrastructure and the neighborhood's
proximity to downtown. The Walker Park Neighborhood Master Plan goes on to note that attached
housing can represent this balance and diversity of housing, but envisioned as a buffer between
commercial corridors and single-family areas in order to ensure "that future development follows
the traditional pattern of growth." In both of these examples, there is a clear call for infill, but in a
manner that preserves community character. Staff does not feel that the proposed rezoning
achieves this. The parcels zoned DG at the corner of 7th and Washington are intended to be the
buffer zone between Jefferson Square's higher -densities of residential and small commercial
uses, constricted by the limited size of the lots, and gradually taper to the established and
functioning single-family neighborhoods behind them.
Staff believes that the applicant's intention of developing this site for denser residential, while still
allowing only single-family homes, could be done under a different zoning district, such as RSF-
18, Residential Single-family, 18 Units per Acre. This district would retain detached single-family
function and form.
DISCUSSION:
On May 8, 2017, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval passed by a vote of 6-0-1. Commissioner Niederman recused.
BUDGET/STAFF IMPACT:
N/A -
Attachments:
• Exhibit A
■ Exhibit B
■ Application
• Planning Commission Staff Report
RZN 17-5770 ARFORD PROPERTIES 17-5770
Close Up View
EXHIBIT A
7TH ST
Legend
Planning Area
9
Fayetteville City Limits
Trail (Proposed)
Building Footprint
4
O
-:I
abjectPropertya r
9TH ST `
w
0
Feet
0 75 150 300 450 600
1 inch = 200 feet
W, ELI VD -
Nf
RSF-] 8
RSF-18
Downtown General
Neighborhood Conservation
P-1
17-5770
EXHIBIT 'B'
Legal Description of Subject Property:
Lots Thirty five (35), Thirty six (36), Thirty seven (37), Thirty eight (38), Thirty nine (39), and
Forty (40) in Block One of Glenwood Park Addition to the City of Fayetteville, Arkansas, as per
Plat of said Addition, on file in the office of the Circuit Clerk and Ex -Officio Register of Deeds of
Washington County, Arkansas.
CITY OF I+AYETTEVI LLE, ARKANSAS
R E/r--w,0TON Irk
FOR STAFF USE ONLY
FEE. 5325.00
Date Application Submilled:
Sign Fee. 55.00
Date Accepted as Complete:
S -T -R:
Case 1.4ppeal Number:
PP#:
Public Hearing Date:
Zone:
Please fill out this form completely, supplying all necessary in Formation and documentation to support your request.
Your application mill not be placed on the Planning Conrm&vion agenda until this information i.s furnisher/.
A)plica(ion.
Indicate one contact person for this request:
Applicant (person making request):
Name: ►t x n(J"ReA.
Applicant Representative
Representative (engineer, survc� or, rerrltor, etc.):
4
Name; J�li�,\ [�. UIA
Address:
F -mail: V.A. c. wa.(`A.nt )a • car..
Phone: Phone:
t� ) 2.36 -_L, -b$-
( 1 ;
Fax: Fax:
Site Address / Location: �`Z Q $ Ul4 .,
Current Zoning District:
Requested Zoning District:
Assessor's Parcel Number(s) for subject property: - BS+�i� ` - OOa -4&5-0,157 {v(.1b - OOH
FINANCIAL INTERESTS
The follotv�r eat ,ties and / or people have Iirtanci J interest in this project:
Aiarch 7014
Page i
APPLICANT /REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects; to the best of my knowledge
and belief, true and correct, I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
anolvins for. or might set conditions on approval.
PROPERTY OWNER(S) /AUTHORIZED AGENT: IAve certify under penalty of perjury that I amAve are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed btu the authorized agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners of Record (attach additional info if necessary):
Name (printed,): VZO, r,, { Address: l I`j }}QrRS
Si?natureAIL
l'hon
Name (printed):
ii ature:
Date.
Address:
Phone:
Rezoning Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format_
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (Gv%kw.co.rvashin!ton Ir.tts). The subject
property and all adjacent parcels should be identified on this parcel rnap. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
Murch
Page 2
CITY OF
FayeV111 e
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Harry Davis, Planner
May 8, 2017 UPDATED WITH PC RESULTS
SUBJECT: RZN 17-5770: Rezone (769 & 785 S. WASHINGTON AVE./WARFORD
PROPERTIES, 563): Submitted by FLYER REAL ESTATE for properties
at 769 & 785 S. WASHINGTON AVE. The properties are zoned NC,
NEIGHBORHOOD CONSERVATION and contain approximately 0.45
acres. The request is to rezone the property to RI -U, RESIDENTIAL
INTERMEDIATE, URBAN.
RECOMMENDATION:
Staff recommends denial of RZN 17-5770 based upon the findings herein.
BACKGROUND:
The subject three properties totaling 0.45 acres are located at 769 & 785 South Washington
Avenue near the intersection of Washington and 71" Street. These parcels are zoned NC,
Neighborhood Conservation, comprising Block 1, Lots 35-40 of the historic and original plat of
Glenwood Park Subdivision, which was recorded in 1912. There are currently single-family homes
on two of the three parcels. As listed in Table 1 and depicted in the attached photographs by staff,
the property is surrounded on 3 sides by relatively small, one-story single-family homes in
Neighborhood Conservation and DG, Downtown_ General districts. To the east is a 1,200 square
foot commercial building and more single-family homes across Washington Avenue.
In July of 2008, the subject property, along with approximately 300 acres of the wider Walker Park
Neighborhood, were rezoned in accordance with the Walker Park Neighborhood Master Plan.
Among other changes, this rezoning removed the existing RMF -24, Residential Multi -family, 24
Units per Acre, designation on the subject property, and replaced it with the current NC,
Neighborhood Conservation, zoning district.
Table 1
Surrounding Land Use and Zoning
Direction from I Site Land Use Zoning
North Single -Family Residential DG, Downtown General
South Single -Family Residential NC, Neighborhood Conservation
East Single -Family Residential; NC, Neighborhood Conservation;
Commercial DG, Downtown General
West Single -Family Residential NC, Neighborhood Conservation
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI -U,
Residential Intermediate, Urban. The applicant stated the rezoning is needed to allow flexibility in
lot widths and area to meet housing demands in South Fayetteville.
Public Comment: There is considerable public comment from citizens of Fayetteville and residents
of the neighborhood who are opposed to the rezone. Concerns are largely centered around a
perceived disregard for Walker Park and a fear that the neighborhood's character is `under attack,'
with current residents under being pressure to sell their properties against the best interest of the
larger neighborhood. Neighbors have expressed opposition to uses stating compatibility issues
for development other than single-family homes, increases in density, the lack of a density cap in
RI -U, and traffic associated with developing these lots with anything above single-family. There
is some enthusiasm for development and redevelopment that is occurring in Walker Park, as long
as it is single-family in character and use in wherever areas zoned for it.
INFRASTRUCTURE:
Streets: The subject parcel has access to Washington Avenue, an improved local street
with curb/gutter, sidewalk at back of curb, and storm drainage. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the site. There is an existing 6 -inch main along the
western side of the Washington Avenue right of way.
Sewer: Sanitary Sewer is available to the site. There is an existing 8 -inch main in
Washington Avenue available for service connections.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of this property is identified as FEMA regulated.
floodplains. No protected streams exist onsite. No portion of this parcel lies within
the Hillside -Hilltop Overlay District.
Fire: The Fire Department expressed no concerns with this request.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
this site as a Complete Neighborhood Plan Area associated with the Walker Park Neighborhood
Plan. A central goal of the plan was to preserve single-family neighborhoods while encouraging
additional housing types and a mix of uses.
Walker Park neighborhood adopted a plan in 2008. That plan states that the neighborhood should
have a balance of non-residential uses and housing. Stakeholders wanted zoning and other city
regulations to reflect and encourage that balance while conserving the existing single-family fabric
where it is intact. This means the neighborhood will retain and develop a variety of housing types
for different income levels and retain and develop neighborhood commercial nodes that serve the
neighborhood residents as well as the nearby employment centers. There is also an emphasis
on connectivity and walkability. Connection of the street grid and improved pedestrian mobility
between key destinations will unify the neighborhood, making it sustainable over time. Third,
creating Jefferson Square as a core of the neighborhood will help to preserve some of the rich
history embedded in the Jefferson Building and create a neighborhood center. Last, accessible
greenspace in the form of community gardens throughout the neighborhood and additional uses
2
G:\ETC\Development Services Review\2017\Development Review\17-5770
RZN 769 S. Washington Ave. (Warford Properties) 563
and access points to Walker Park will capitalize on existing resources within the neighborhood
and provide function and beauty for both residents and visitors.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed zoning is generally not compatible
with the existing neighborhood. Although the applicant has made some valid
points in the request letter about compatibility between adjacent and nearby
lots, the immediately surrounding properties are single-family, detached
residences in a well-established neighborhood of Fayetteville. It is certainly
possible to develop attached residential housing in a manner that is
compatible and even complimentary to detached single-family housing, but
the exceptionally small lot widths allowed under RI -U, with only 18 feet
required for any dwelling versus 40 feet for a single-family dwelling and 80
for a two-family dwelling under NC, can create an indisputably divergent
development pattern when compared with most properties in the Walker
Park Neighborhood. If this were a new neighborhood without significant
context, the situation and compatibility would be different. The neighbors
who have provided public comment have a significantly strong argument, as
they understand at an intimate level what could and could not be compatible
to their neighborhood. Based on the proposed RI -U, the applicant could very
quickly densify this area with four-plexes by utilizing the adjoining alley
right-of-way and constructing unit types that may or may not be context
sensitive to the rest of the neighborhood. Permitting attached dwellings by
right also removes the conditional use permit requisite under the NC zoning.
By requiring a conditional use permit, neighbors, staff, and the Planning
Commission are all able to review and comment upon whether a proposal is
compatible and complimentary. The applicant also owns the properties at
the corner of 71h and Washington, which are zoned DG. All the properties
owned by the applicant at this location are up for sale as of writing this
report. It is completely reasonable and possible that, with the proposed
rezone, development is imminent for this part of the neighborhood.
In fairness to the applicant, it is worth noting there are numerous structures
of mixed density sprinkled throughout Walker Park, with numerous 2-, 3-,
and 4- family dwellings within a short walk of the subject parcels. Many of
these are of a style and character that is comparable to, and compatible with,
the predominantly single-family character of the neighborhood.
Land Use Plan Analysis: When considered together, Fayetteville's
overarching City Plan 2030 and the more localized Walker Park
Neighborhood Master Plan appear to be in agreement with staff's
recommendation regarding the proposed rezoning. It is staff's opinion that
the proposal is generally incompatible with the intended future land use for
this location.
One principal area where the Plans agree is the identified need for increasing
opportunities for attainable housing and offering a variety of housing types.
G:\ETC\Development Services Review\2017\Development Review\17-5770
RZN 769 S. Washington Ave. (Warford Properties) 563
Rezoning the subject property would undoubtedly address these goals by
increasing the spectrum of housing that can be developed. At the same time,
this claim could be made about any property with single-family zoning in
Walker Park, or the rest of Fayetteville for that matter. When reviewing the
Walker Park Neighborhood Master Plan in greater detail, it states that a
diversity of housing is indeed desired, but that attached housing should be
developed "in strategic areas, such as neighborhood commercial areas or
major thoroughfares", rather than in an established single-family residential
area as proposed.
City Plan 2030 states that "appropriate infill" is a priority. The City's
comprehensive plan acknowledges the value of increasing density in
locations where City services and utilities already exist, but only where it
"reflects the existing community character." Along the same lines, the
Walker Park Neighborhood Master Plan details that a balance and diversity
of housing created through infill is desired and can take advantage of
existing infrastructure and the neighborhood's proximity to downtown. The
Walker Park Neighborhood Master Plan goes on to note that attached
housing can represent this balance and diversity of housing, but envisioned
as a buffer between commercial corridors and single-family areas in order to
ensure "that future development follows the traditional pattern of growth."
In both of these examples, there is a clear call for infill, but in a manner that
preserves community character. Staff does not feel that the proposed
rezoning achieves this. The parcels zoned DG at the corner of 7th and
Washington are intended to be the buffer zone between Jefferson Square's
higher -densities of residential and small commercial uses, constricted by
the limited size of the lots, and gradually taper to the established and
functioning single-family neighborhoods behind them.
Although the applicant's arguments for infill and a mixture of residential
types in one area are well-received, the key to infill and mixed unit types are
appropriateness. Fayetteville does not have any ordinances that
significantly impact design of infill projects when relating to contextual
properties and buildings.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Based on the applicant's perspective, the requested rezoning is justified and
needed to allow redevelopment of the parcels for greater flexibility in
meeting the City's future housing needs. The existing NC zoning district only
permits single-family dwellings by right, and 2-, 3-, and 4 -family dwellings by
conditional use. The proposed RI -U zoning district will allow single-, 2-, 3-,
and 4 -family dwellings by right, and on lots as narrow as 18 feet. However,
staff does not believe there are sufficient reasons to rezone the properties
to a zone other than single-family.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
G:\ETC\Development Services Review\2017\Development Review\17-5770
RZN 769 S. Washington Ave. (Warford Properties) 563
Finding: Rezoning the property to RI -U, with its lack of density requirements, has the
potential to increase traffic in this area as the site develops. Given the size
of the potential development, higher densities could appreciably increase
traffic and congestion along Washington Avenue. Public comment has
already drawn attention to the difficulties of maneuvering vehicles up and
down Washington, where there is little room to drive if people park on -street.
Pedestrians use the street as a footpath in this location, which will contribute
to any traffic danger or congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning this property from NC to RI -U would potentially increase the
density, but it is not expected to undesirably create or increase any burden
on schools or City services.
If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: Staff believes that the applicant's intention of developing this site for denser
residential, while still allowing only single-family homes, could be done
under a different zoning district, such as RSF-18, Residential Single-family,
18 Units per Acre. This district would retain detached single-family function
and form.
RECOMMENDATION: Planning staff recommends denial of RZN 17-5770, finding that the
proposed zone allows development that is incompatible with surrounding uses, neighborhood
character, and elements of both City Plan 2030 and the Walker Park Neighborhood Master Plan.
(PLANNING COMMISSION ACTION: Required YES
(Date: May 8, 2017 O Tabled Ii Forwarded O Denied
Motion: Hoffman Motion to forward with recommendation of
Second: Noble approval
Vote: 6_0- Motion passes; Neiderman reCUsed
G:\ETC\Development Services Review\2017\Development Review\17-5770
RZN 769 S. Washington Ave. (Warford Properties) 563
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code sections 161.27 & RI -U Exhibit
• Staff Photos
• Public Comment
o Notes (Walk-ins and Voicemails)
o Emails
■ Request letter
■ Rezone exhibit
■ One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
G:\ETC\Development Services Review\2017\Development Review\17-5770
RZN 769 S. Washington Ave. (Warford Properties) 563
CITY OF
T w 6 ayle ft r'
V i I
ARKANSAS
161.27 - Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone
has the least activity and a lower density than the
other zones. Although Neighborhood
Conservation is the most purely residential zone,
it can have some mix of uses, such as civic
buildings. Neighborhood Conservation serves to
promote and protect neighborhood character. For
the purposes of Chapter 96: Noise Control, the
Neighborhood Conservation district is a
residential zone.
(B) Uses.
(1) Permitted Uses
(Unit 1 I City-wide uses by right
Unit 8Sin le -family dwellin s
Unit 41 1 Accessory dwellings
(2) Conditional Uses.
(Unit 2
City-wide uses by conditional usepen-nit
(Unit 3
Public protection and utility facilities
(Unit 4
Cultural and recreational facilities
(Unit 9
Two (2) family dwellings
Unit 10
Three (3) family dwellings
I'Jn it 12
Limited business*
Unit 24
Home occu ations
(Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 361
Wireless communication facilities
Un it 441
Cottage Housin 7 Develo ment
(C) Density . Ten (10) Units Per Acre.
(D) Bulk and Area Regulations
(1) Lot Width Minimum.
Single Family 40 feet
Two Family 80 feet
Three Family 90 feet
(2) Lot Area Minimum . 4,000 square feet
PLANNING COMMISSION MEMO
(E) Setback Regulations,
(F) Building Height Regulations .
1Building Height Maximum 45 feet
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10;
Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13;
Ord. No. 5664, 2-18-14, Ord. No. 5.9.90- § 1(Exh.
A), 10-6-15>)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
A build -to zone that is located
Front
between the front property line and a
line 25 feet from the front property
line.
;Side
5 feet
Real-
5_ feet
Rear, from
center line of
12 feet
an alley
(F) Building Height Regulations .
1Building Height Maximum 45 feet
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10;
Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13;
Ord. No. 5664, 2-18-14, Ord. No. 5.9.90- § 1(Exh.
A), 10-6-15>)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Page 9 of 20
.ADM 16-5631 EXHIBIT "A"
§161.12 - District RIX, Residential Intermediate= Urban
(A) f'urpwze, The R1 -U Residential District is designed to permit and encourage the development of
detaalted and artached dwellings in suitable environments, to provide a range of housing types
compatible in scale with single-family homes and to encourage a diversity of housing types to me -et
demand for walkable urban living,
(B) Uses.
(1) Permined Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
nit 9
Two (2) family dweliin6v�
Unit lQ
Three (3) and four (4) family dwellings
Unit 41
Accessory Dwellings
Unit 44
Cluster Housing Development
(2) Candiriorza Uses,
unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit
Cultural and recreational facilities
C gnat 5
Government facilities
Unit 128
-- limited business
Unit 24
Home occupations
t 26
titM]
Multi -family Dwellings
Wireless communications facilities
(C) Density. Nine.
(D) Bulk and Area Regulations,
1)wel ling (all types)
Lot width minimum 18 feet
.Lot area minimum gone
Mage 1 of 4
https://www.municode.com/library/ar/fayetteville/ordinances/code_of ordinances?nodeld... 4/20/2017
Page 11 of 20
ADM 16-5631 EXHIBIT "A"
(E) Setback Requirements.
(h) Ruilding 11aight Regtdations.
Building lieight-m"imum 30145 feet
*A building or a portion of a building that is located between 0 and 10 feet froth the front property line. or
-any master street plan right-of-way line shall have a ttiaximurn height of 30 tcct. Buildings or portions of
the building set track greater than 10 feet from the toaster street plan right-of-way shall have a maximum
height of 45 feet.
(G) Building Area. The area occupied by all huildingc shall not exceed 6010 of the total lot area.
(H) Afiniyn nt Budd able Street Fronlage, 50% of the lot width.
Page 2 of 4
https://www.municode.com/library/ar/fayetteville/ordinances/code of ordinances?nodeld... 4/20/2017
Side
Side
Rehr
Rear, from
From
01her
Single &
Other
Centerline of
tA,es
Two (2)
Uses
all alley
family
A build -to zone that
is located between
the front property+.
lute and a line 25 feel
None
5 feat
5 feet
12 feet
from the front
property line.
(h) Ruilding 11aight Regtdations.
Building lieight-m"imum 30145 feet
*A building or a portion of a building that is located between 0 and 10 feet froth the front property line. or
-any master street plan right-of-way line shall have a ttiaximurn height of 30 tcct. Buildings or portions of
the building set track greater than 10 feet from the toaster street plan right-of-way shall have a maximum
height of 45 feet.
(G) Building Area. The area occupied by all huildingc shall not exceed 6010 of the total lot area.
(H) Afiniyn nt Budd able Street Fronlage, 50% of the lot width.
Page 2 of 4
https://www.municode.com/library/ar/fayetteville/ordinances/code of ordinances?nodeld... 4/20/2017
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17-5770 RZN - Staff Photograph Location Ma
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Walk-in Public Comment Notes for RZN 17-5770--
Nancy
7-5770_
Nancy Kahonek
Concerns over increased density to neighborhood
Concerns over uses different from single-family
Concerns over traffic from density and the current way S. Washington performs with traffic and on -street parking
Marian Kunetka
Concerned over how tall new structures would be in relation to nearby homes
Concerns over compatibility between single-family and other uses
Concerns over increased density in the neighborhood
Concerns over the impact of density on traffic
David Williamson
Concerns over uses other than single-family
Concerns over increased density
file:///city/... Properties)%o20563/Public%2OComments/Public%2OComment%20as%2Oof%2O5_2_l7%2Oat%202%2OPM/Walk-in%20NOtes.txt[5/2/2017 5:16:23 PM)
Voicemail Notes for RZN 17-5770:
Darla Newman
Concerns over traffic due to small streets
Concerns over change in use away from single-family
Concerns over changes in character with development other than single-family
file:///city/... operties)%20563/Public%20Comments/Public%20Comment%20as%20of%205_2_17%20at%202%20PM/Voicemail%20Notes.txt[5/2/2017 5:16:31 PM]
Davis, Harry
From: Khalisa Kitz <dkitz@uark.edu>
Sent: Monday, May 01, 2017 8:44 AM
To: Davis, Harry
Subject: Concerned about rezoning proposal on S. Washington Ave
Good morning Mr. Davis,
I live at 1127 S. Washington Avenue in Fayetteville, and understand that there is a request for several properties in the
700 block to be re -zoned RIU — Residential Intermediate — Urban.
I oppose allowing the building of another block of multifamily units at that location. The street is narrow and the traffic
load is already climbing as more development back behind the 900 bock will deeply affect that traffic. There are no
speed bumps or features to slow the traffic down.
I want to speak in favor of keeping the zoning Neighborhood Conservation (NC) — and allow for the building of more
single family homes. The south Fayetteville ("Tin Cup") and surrounding neighborhoods are a special part of living in
Fayetteville for me, and I really want continue to have more of the quality of good old fashioned neighbors living in
one of the precious little pockets of Fayetteville.
When I first bought my home there in 2010, an acquaintance found out where I was buying, and she voiced concern for
my moving into "that" neighborhood... that is, until she drove to my house. Then she changed her mind. "When I was
driving here, I have to say I've never seen so many people out on their porches or walking the neighborhood and
visiting... Now I see why you wanted to move here!". To me that is one quality that I deeply value here on South -
Washington. Children play in the street... neighbors help each other... visit... and become friends.
Please help us keep it that way for years to come! We value our unique neighborhood!!
Thank you for considering this.
Khalisa Kitz
University of Arkansas
Administrative Specialist
479-575-8423
Davis, Harry
From: Nancy Kahanak <nananak27@gmai1.com>
Sent: Tuesday, May 02, 2017 1:16 PM
To: Davis, Harry; Karen Bley; Khalisa Kitz
Subject: zoning
I have been thinking a lot about the zone change requests in our neighborhood, and here are my current
observations:
The double lot at 1320 S. College cannot hold enough homes to cause real traffic congestion, and well -thought-
out small apartments or small homes would be a good addition to our neighborhood, as affordable places in the
area are getting harder to find.
However, the property at 7th St. and down Washington Ave. is actually comprised of at least 5 lots, perhaps
more when you count the end ones zoned DG. The owner is interested in selling, I understand, but whether
they sell or build, that area, if rezoned to RIU could be combined and possibly be developed into a large
apartment complex. My concern is that such a large area could be built without the interest of the neighborhood
in mind, and generate a lot of traffic, and students or other short-term residents.
Nancy Kahanak
479 935-5013
JEMI Facebook address: Judicial Equality for Mental Illness (JEMI)
Davis, Harr
From:
Davis, Harry
Sent:
Tuesday, April 18, 2017 10:49 AM
To:
'Combs, Paula'
Cc:
paula_research@yahoo.com; Garner, Andrew (agarner@fayetteville-ar.gov)
Subject:
RE: South Washington Project
Ms. Combs,
Good morning, and thank you so much for your email. Your knowledge and connection to your neighborhood appears to
be very deep and I greatly appreciated reading your story. Your concerns about increased density, compatibility issues
between existing single-family and current and potential new development, and traffic have been noted and we will be
sure to attach your letter to my report.
One thing I would like to state is that the Planning Department is expected to be neutral and objective in matters that
come before City of Fayetteville planners. Our recommendations are based primarily on facts regarding compatibility
between zoning districts and existing conditions both on-site and contextual to the subject property. Planners are
professionally, ethically, and legally obligated to not be personally involved in a project. To do so would render the
opinion or recommendation biased and tip the scale against the applicant. Therefore, we must give our full attention
and fair or impartial consideration to both citizens and developers, otherwise our integrity as professional planners
could be questioned.
We have not done a thorough analysis of the project, which will be publically available Thursday afternoon (5/4/17)
before the meeting the following Monday (5/8/17) and heard in its entirety at Planning Commission. Between now and
then, I encourage you and other neighbors to write -,come-, or call-in about the rezone, whether you or your neighbors
are for, against, or merely curious about the request. I also encourage you and your neighbors to come to the Planning
Commission for your best chance to ask questions to the entire Commission and have concerns be heard individually
from each resident and citizen. Please do call me if you have any further concerns or questions about the proposal.
Thank you again for sharing your knowledge and perspective.
Sincerely,
Harry Davis
Harry Davis
Planner
City of Fayetteville, Arkansas
(479)575-8263
www.fayetteville-ar.gov
Website I Facebook I Twitter I Instanrarfi I YouTube
From: Combs, Paula[mailto:pcombs@KeyTronicEMS.comj
Sent: Tuesday, April 18, 2017 9:55 AM
To: Davis, Harry <hdavis@fayetteville-ar.gov>
Cc: paula_research@yahoo.com
Subject: South Washington Project
Mr. Davis,
I
It is my understanding that you are willing to stand up for the S. Washington Ave. residences to keep single family homes
on our street. First of all, I want to thank you for standing up for us and trying to help keep our neighborhood as single
family homes as it has been for many, many years. There are residents that have lived on this street for 30 or more
years and we want to keep it our little neighborhood quiet, friendly and safe for our children, grandchildren and elderly
folks. Fighting with the City and Developers is really not what we want to do, but feel like we are being railroaded out of
our homes for some new "great" development idea. I just want to provide a little history of the changes after the multi-
family structures were built in the area 20 years ago and how much our little neighborhood started becoming the
"ghetto" as many outsiders see it.
Our neighborhood is a very old neighborhood and most of the residents have either passed away or moved into nursing
homes. Most of the people that lived here when I moved here in 1981 have passed away. The homes were sold and
became rent houses, which is a problem many times. The house across from me was built in 1911 and I knew the little
woman that lived there very well until her passing. My 88 year old mother lived on this street when she was in her 20's
along with her sister. When this project was first proposed in 2010, we were promised the homes would be built to fit in
with the way the older homes were built and the looked. There would be no apartments or duplex type
dwellings. Everything was going to be homes that were modeled after the style of housing already in the
neighborhood. There were many discussions on how the area where the new homes were being built would be affected
by the creek that runs through the wooded area now and when the heavy spring rains start, there has been
flooding. Pictures have been provided that show the lower end of my property with water. The garden usually didn't
get planted until June because of the soggy wet mud. I have many concerns about this whole project to begin with
because of the drainage, crime, overcrowded, etc.
My late husband, Doug Williford, worked for the City of Fayetteville street department as theAssistantStreet
Superintendent for 22 years. He built and maintained many of the streets in the City of Fayetteville and knew them
better than most that work there today will ever know. There is a reason that the area behind our house was never
developed and built up and a street was never built. When the property was first platted out there were plans for a
house on the two back lots that we own. However, our forefathers knew what they were doing. The small creek
running where the street would be, always has water in it, even when it is dry, dry and our back yards have wide
cracks. There will be crawdad mounds that will kill the lawn mower when you run over them. Even the cleared areas
are super wet during the spring months. Who in their right mind, would want to build a house on that wet soupy
land. When you haul in the red fill dirt for the houses, then all that water will end up on the back side of my land and it
will for sure be nothing but a mosquito breeding place.
The crime in our area was null and void until the construction of Morgan Manor. Once that area was built with
multifamily structures, then our crime rate went way up and the neighborhood became the "ghetto" as some seem to
think of it. So, please, please do what you can to discourage the construction of any more multi -family structures. I
have some real concerns about moving the Willow Heights residents into the Morgan Manor area as well. I remember
when the Willow Heights structures were built, also. There seems to be no respect for those type buildings. There is no
sense of ownership so they could care less if the place is kept up or not. You want the "new project" to be attractive to
low to medium income families, but you want to throw in these poverty level apartments and duplexes that make
people not want to live in this area. Ask around and you will hear people say they would not live in the "ghetto". They
can move into a much nicer neighborhood just east of town in the Baldwin community where new homes are being
constructed now and are more affordable than these that are planned in this project. I would buy in Baldwin before I
would buy in the swamp behind my current house for sure.
My children grew up on this street and my grandchildren are now growing up on this street. My daughter was able to
purchase the home next door to her childhood home and wants to continue to live there. However, she has had her
tires slashed, cars broken into, mail boxes ran over three times by speeding cars that use the street as a drag strip from
the old Jefferson school to Morgan Manor. Why we can have speed bumps in every other neighborhood in the city and
not on this street is beyond me. The metal plate covering the street now does help the situation! Traffic is non-stop all
hours of the night. It is very difficult to back out of your drive or try to back a boat down your drive, without having a
2
vehicle waiting until you are out of the way. Adding more houses is not going to help the traffic at all. Adding
apartments will do nothing either. And I'm sure those nice little curbs for the street parkers will be associated with
those apartments as well. That will be another cluster like you have at 15th and Razorback. Would hate for a firetruck to
have to turn down Washington Ave. with those cars lined up in front of the apartments because widening out the street
is not really an option as I see it.
The parking on the streets is another major issue. Either park on one side or the other. There used to be signs that you
can park on one side but not the other. It is hard enough to back out of your driveways without having to dodge all the
cars parked up and down the streets. Whoever, Engineered the Beechwood Ave. apartment parking was absolutely
dumb as a box of rocks. I have worked at what used to be Baldwin Piano, now KeyTronic for 45 years and only since the
apartments were built has it been a problem to get to work because of the cars parked along the street when you meet
a big truck or even another vehicle. Those big trucks go up and down that street all day long every day to the Schaefer
Foods facility. So, let's narrow the street and park cars along the street with those cute curbs! Again, at the corner of
Razorback Road and Fifteenth Street. Let's park cars along the street where, again those big trucks turn and are in and
out all day long. I wouldn't park my car there!!
I was waiting to back out of my drive when I had to wait on a dump truck full of dirt from the street project on 11th
street. He pulled out and headed north on S. Washington and couldn't get through because of the cars that were
parked every which way from Sunday, and then he finally had to back all the way up to where he started and go down
the street. You couldn't get a fire truck down S. Washington Ave. most of the time now. I'm not sure what happened to
the NO PARKING ON THIS SIDE OF THE STREET signs that have been up and down that street for YEARS. Only during the
ice storm of 2010 do I ever remember seeing a fire truck that could not get through. Just recently a firetruck running
HOT could not get through. That is a real shame!
I know that I have just written you a book and I do apologize if it is TOO MUCH information. I'm sure you can sense the
frustration of feeling like our quiet little neighborhood is being turned upside down. I do appreciate your help and if I
can -do anything to help you, please let me know. I really do like the newer houses that have been built to replace many
of the -very old homes that torn down, burnt, etc. The newer ones at the 9th street area are not exactly' what we wanted
to see, as they really don't fit. Most are in line with what we want to see. Let's keep our area nice, quiet and a
neighborhood we can be proud to live in and not the "ghetto" as even my son calls our area now. My stepson and his
friend called it the "ghetto" the first time they came to my house. The newer homes need to have character like many
of the older homes instead of every one of them looking exactly alike.
Have a great day!
Regards,
Paula Williford -Combs
Program Manager
KeyTronicEMS
1 101 S. Beechwood Ave.
Fayetteville, AR 72701
Phone #: 479-684-2302
Cell #: 479-841-9807
Davis, Harry
From: Sandra Easley <sandra-easley@sbcglobal.net>
Sent: Monday, April 17, 2017 5:05 PM
To: Davis, Harry
Subject: Zoning on S. Washington
Was made aware of the rezoning on Washington Street. I am totally against this. The "projects" that are under
construction now is going to bring in more traffic than the streets can accommodate. They use it as a race track
now. The crime in this area, tires slashed, vehicles broken into, on street parking to the point you can't get through
sometimes. A few weeks ago a fire truck came from 15th Street with lights and sirens going and they had to wait for
someone to more a vehicle to get through. Several of us attended meeting when the Willow Bend started up and we were
assured no apartments would be put in our neighborhood. Seen an article in the newspaper where they are moving
Willow Heights to Morgan Manor so with that it brings MORE crime to the area.
I have lived here since 1977 and have seen several changes to the area. The "projects" are going to be bad enough as I
believe it will flood my property. Nobody seems to care that the area "back in the woods" floods. I have pics to prove my
point but they don't care.
If this zoning change comes about it will open up the door for more of this. Nip it in the bud NOW and keep our
neighborhood with single dwellings.
Sandra Easley
sandra-easley a)sbcglobal.net
Home (479)582-4080
Cell (479)601-4375
Davis, Harry
From: Alan Ostner <alan.72701@gmail.com>
Sent: Thursday, April 13, 2017 9:56 PM
To: Harrison, Andy
Subject: Neighbor's Opinion on Rezoning
Hello Mr. Harrison,
I would like to share with the Planning Department my opinion that the RI -U rezoning requests at 769-785
South Washington and 1320 South College do not fit and are not compatible for our neighborhood. They will
cause major traffic dangers. I live a few blocks away from these 2 properties. In 2008 we managed to move a
mountain when we got away from multi -family zoning in South Fayetteville. The new NC zoning is working
wonders today! Redevelopment on small lots is everywhere in the form of brand-new and heavily -renovated,
lovely, single family homes. The 2008 Walker Park Neighborhood Plan and its massive, 700 -acre downzoning
from multi -family to single-family should be a nationally -respected, shining example of neighborhood
revitalization. Let's keep following that plan set forth by dozens of neighbors over months of hard work! No
more zoning such as RI -U. The zoning we have today is working miracles.
Please share this note with the Planning Commissioners. I will also attend the public meeting on these rezoning
requests.
Best,
Alar Ostne
312 South Block Ave.
Davis, Harr
From: Harrison, Andy
Sent: Friday, April 07, 2017 8:18 AM
To: Davis, Harry; Curth, Jonathan
Subject: FW: APARTMENTVILLE
I guess this applies to both rezone applications, 5770 and 5776.
Andy Harrison
Development Coordinator
Planning Division
125 W. Mountain
City of Fayetteville, Arkansas 72701
aharrison@fayetteville-ar.gov)
T 479.575.8267 1 F 479.575.8202
Website I Facebook I Twitter I Instagram I YouTube
-----Original Message -----
From: Mark Hatwig[mailto:wineboy101@sbcglobal.net]
Sent: Thursday, April 06, 2017 3:39 PM
To: Harrison, Andy <aharrison@fayetteville-ar.gov>
Subject: APARTMENTVILLE
As long time residents of the Washington Willow neighborhood I am against any and all new zonings that involve the
College Avenue rezoning for multi living as well the Washington Ave rezoning on three lots.
No more giant oversized behemoth apartment developments. We are quickly losing the notoriety of being some of the
best places to live in the US.
Mark Hatwig
wineboy101@sbcglobal.net
479.790.9463
1
Davis, Harry
From: John Remmers <jremmers@pgtc.com>
Sent: Wednesday, May 03, 2017 9:59 AM
To: Davis, Harry
Subject: rezoning of lots on S. Washington
Greetings Mr. Davis, I would like to express my opinion regarding the proposed Rezoning of some lots on S. Washington.
I urge that this Rezoning not be granted. To change the zoning status from NC to RIU, in my opinion, would potentially
degrade the atmosphere of this neighborhood with excess traffic. My wife and I purchased a lot on S. Washington to
build our retirement home. The thought of the possibility of large apartment complexes and the related traffic moving in
to the area is disheartening.
Thanks for your time. John Remmers
Davis, Harry
From: Karen Bley <kbley@pgtc.com>
Sent: Wednesday, May 03, 2017 1:12 PM
To: Davis, Harry
Subject: Rezoning
Mr. Davis,
I am writing to voice my concern about the proposed rezoning request for the property near the corner of 7th and
Washington.
My husband and I own the lot at 1067 S Washington, which we are slowly improving before building a home. I am
concerned about the potential impact increased traffic will have on this street if this property is rezoned to RIU and
apartments are built. Access to the Willow Bend homes will be on Washington, and I believe any additional traffic will
be extremely detrimental. I am also concerned about the effect this could have on the neighborhood if this should turn
into student housing.
Thankyou!
Karen Bley
May 5, 2017
Marian Kunetka
706 South College Ave.
Fayetteville, AR 72701
847-644-6510
Re: Request of Zoning change from NC to RI -U
769 - 789 South Washington &
1320 South College Ave
Harry Davis, Jonathan Curt & Planning Commission - Fayetteville
I have owned and occupied my home, 706 South College for 17 years. The current zoning is
NC (neighborhood conservation), single family homes. The requested change to both properties
listed above is RI -U, which would allow multi -family structures. This request does not fit with
our neighborhood. I attended meetings for the 2008 Walker Park Neighborhood Plan which
designated 700 acres in South Fayetteville to NC. This change from multi -family to single family
homes, has revitalized South Fayetteville, a great example of providing the neighborhood with
safety for families, especially with young children.. Numerous new single family structures have
already been built in South Fayetteville, complementing our neighborhood. RI -U, multi -family is
not in our best interest and will create traffic problems, which we already have on South
College*.
Developers of the Willow Bend project as well as the 240 homes to be built east of Morningside
between Huntsville Rd and 15th street have respected the current zoning illustrated by their
plans for building single family homes. Please help us to maintain a safe neighborhood.
Sinret�c:ly,
Marian Kanaka
*A good majority of daily traffic is over the speed limit as they pass my home. The speed picks
up after they cross MLK blvd.
Written description of request per the City of Fayetteville Rezoning Application
a. Current ownership information and any proposed or pending property sales.
The subject are properties are currently owned by the Warford Family Trust. The properties are
currently for sale.
b. Reason (need) for requesting the zoning change.
The primary reason for the zoning change request is to increase flexibility in lot widths and areas to
meet demand for housing in South Fayetteville.
c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use,
traffic, appearance, and signage.
The proposed zoning change will remain consistent with the surrounding neighborhood because it is a
residential use. The proposed zoning is consistent with Walker Park neighborhood plan, which
designates this area as City Neighborhood Area, calling for a moderately dense residential urban fabric.
The properties to the north are currently zoned Downtown General.
d. Availability of water and sewer (state size of lines). -
A 6" water main and 8" sewer main are available along Washington Ave.
e. The degree to which the proposed zoning is consistent -with land use planning objectives, principles,
and policies and with land use and zoning plans.
The proposed zoning is compatible with the Walker Park master plan and the City Plan 2030. The
properties directly the north are zoned Downtown General. The properties to the south are currently
Neighborhood Conservation. The Walker Park plan designates this area as City Neighborhood Area, and
the proposed RI -U zoning offers flexibility for a range of housing types. The proposed zoning becomes an
excellent example of how to encourage the transect development model because it offers an
appropriate transition between the denser, mixed-use zoning, Downtown General, and the less dense,
single -use category, Neighborhood Conservation. The proposed zoning category, RI -U, remains
residential in use, consistent with NC, but allows for smaller lots and greater density, consistent with DG.
The proposed zoning will encourage a range of housing types and successfully demonstrate the transect
model of urbanism.
f. Whether the proposed zoning is Justified rand/or needed at the time of the request,
The proposed zoning is needed at this time to meet market demand for housing.
. Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
The proposed zoning would not appreciably increase traffic danger or congestion any more than the
current zoning, Downtown General, to the north.
h. Whether the proposed zoning will alter the population density and thereby undesirohiy increase the
load on public services including schools, water, and sewer facilities.
The proposed zoning would potentially double the number of households currently allowed, which
would not have a significant effect on public services. The proposed zoning would in fact increase
efficiencies of public infrastructure and resources.
i Why it would be impractical to use the band for any of the uses permitted under its existing Zoning
classification.
The current zoning is a residential use zoning and the proposed zoning is also a residential use that
encourages smaller lots for detached or attached homes.
I
County Parcel Map
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799 S Washington Ave
Fayetteville, AR 72701
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14506 Director Rd
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Hicks, Christopher
799 S Washington Ave
Fayetteville, AR 72701
765-05655-000
Foshe, Karen
14506 Director Rd
West Fork, AR 72774
765-05654-000
Foshe, Karen
14506 Director Rd
West Fork, AR 72774
765-05653-000
765-05670-000
Kunetka, Marian
Warford Family Trust
706 S College Ave
12369 S Harris Dr
Fayetteville, AR 72701
Fayetteville, AR 72701
765-05652-000
765-05711-000
Eastville Holdings, LLC
Henson, Brook & Melissa
149 E 7th St
770 S Washington Ave
Fayetteville, AR 72701
Fayetteville, AR 72701
765-05710-000
765-05712-000
Warford Family Trust
Campbell, Steve; Karla Simco
12369 S Harris Dr
PO Box 93
Fayetteville, AR 72701
Goshen, AR 72735
765-05713-000
Spurlock, Evelyn
800 S Washington Ave
Fayetteville, AR 72701
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AFFIDAVIT OF PUBLICATION
RECEIVED
JUN 3 0 2017
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5980
Was inserted in the Regular Edition on:
June 15, 2017
Publication Charges: $ 71.50
�1)a_t
Karen Caler
Subscribed and sworn to before me
This -t-�?day of)4, 2017.
f 4
Notary Public -
My Commission xpires: 0400
j CATHY tVILES
,a Ar`canses Bunton Counfy
qNotaPf PLIblic CoF f?;,, 1239-1,71
°G ;
My Commission E )„�s �el> >Q ^v?_�
I
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5980
File Number: 2017-0271
RZN 17-5770 (769 & 785 S.
WASHINGTON AVE./WARFORD
PROPERTIES):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5770 FOR
APPROXIMATELY 0.45 ACRES
LOCATED AT 769 AND 785 SOUTH
WASHINGTON AVENUE FROM NC,
NEIGHBORHOOD CONSERVATION TO
RI -U, RESIDENTIAL INTERMEDIATE,
URBAN.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby changes
the zone classification of the property
shown on the map (Exhibit A) and the legal
description (Exhibit B) both attached to the
Planning Department's Agenda Memo from
NC, Neighborhood Conservation to RI -U,
Residential Intermediate, Urban.
Section 2. That the City Council of the City
of Fayetteville, Arkansas hereby amends
the official zoning map of the City of
Fayetteville to reflect the zoning change
provided in Section 1.
PASSED and APPROVED on 6/6/2017
Approved:
Lioneld Jordan, Mayor
Sondra E. Smith, City Clerk Treasurer
74167143 June 15, 2017
