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HomeMy WebLinkAboutORDINANCE 6075113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6075 File Number: 2018-0339 RZN 18-6227 (SE OF EAGLE ST. & OAKLAND AVE./CAMPBELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6227 FOR APPROXIMATELY 0.34 ACRES LOCATED SOUTHEAST OF EAGLE STREET & OAKLAND AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE 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 RMF -40, Residential Multi Family, 40 units per acre 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 7/17/2018 'z�s' 'QkAN`�P �'■' ;! +TA ,�w, RZ N 18-6227 CAMPBELL 18-6227 Close Up view EXHIBIT W cs BERRY ST oa LU V Q ww J O J EAGLE A, P-1 IR Ck } w J -1 { RMF40 40 I' CLEVELANG s i a Legend Planning Area Fayetteville Cit Limits Y Y Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet w a LU; w LU J R -O 00 C-1 ,A& NORTH Zoning Acres Rl-U 0.2 Total 0.2 18-6227 EXHIBIT 'B' LEGAL DESCRIPTION: {PARCEL #7$5»14416.004} Tracts A and 8 of Lot Split for Easterling Propeales, LLC per Ills 7016-23415, also known as Lot 4 In Block 15 of Rose NIII Add Klon In Ute City of Fayetteville as per plat of said addition recorded In the Me of the Clrcult Clerk and Ex -Df lcic Recorder oI Washington County, Arkansas, . City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 9 (479) 575-8323 Text File —� File Number: 2018-0339 Agenda Date: 7/17/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 RZN 18-6227 (SE OF EAGLE ST. & OAKLAND AVE./CAMPBELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6227 FOR APPROXIMATELY 0.34 ACRES LOCATED SOUTHEAST OF EAGLE STREET & OAKLAND AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE 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 RMF -40, Residential Multi Family, 40 units per acre 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 711812018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0339 Legistar File ID 7/17/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/29/2018 City Planning/ _ Development Services Department Submitted Date Division / Department Action Recommendation: RZN 18-6227: Rezone (SE OF EAGLE ST. & OAKLAND AVE./CAMPBELL, 444): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SE OF EAGLE ST. & OAKLAND AVE. The properties are zoned RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contain approximately 0.34 acres. 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 $ - - V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments- �' CITY COUNCIL AGENDA MEMO CITY O FA°YETT'EVILLE ARKANSAS MEETING OF JULY 17, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Harry Davis, Planner DATE: June 29, 2018 SUBJECT: RZN 18-6227: Rezone (SE OF EAGLE ST. & OAKLAND AVE./CAMPBELL, 444): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SE OF EAGLE ST. & OAKLAND AVE. The properties are zoned RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contain approximately 0.34 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE — URBAN. RECOMMENDATION: The Planning Commission and staff recommend approval of the requested rezoning as depicted in Exhibits 'A' and 'B'. BACKGROUND: The subject property is located on the southeast corner of Eagle Street and Oakland Avenue. The property totals approximately 0.34 acres and is currently undeveloped. Request: The request is to rezone the parcel from RMF -40 to RI -U, Residential Intermediate - Urban. The applicant stated the rezoning is needed to subdivide the property for single-family homes. Public Comment: Staff has received public comment before and during Planning Commission concerning a large tree on the property. They fear that developing the property will result in the removal of said tree, which is reported to be over 100 years old. It should be noted that this property is only going through a rezoning process at this time. No development -level items have been formally submitted. Land Use Plan Analysis: The proposal is compatible with the goals in City Plan 2030, adopted land use policies, and the future land use designation for this location. This property, designated as a City Neighborhood Area, envisions many different uses in different mixed-use configurations. Although this proposal is a downzone in terms of allowed uses, most notably by moving multi- family dwellings to a conditional use, RI -U still allows a range of residential uses that may still achieve a mix of residential building types across the neighborhood. Like the existing RMF -40 zoning district, RI -U promotes traditional neighborhood development by requiring new buildings be located closer to the street. Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 Land Use Compatibility: The proposed zoning is compatible with the surrounding properties. RI -U is a less intense form of RMF -40 in terms of use, but does have an unlimited density and a much smaller lot size. Due to the size of the property and a mix of surrounding residential uses, staff does not anticipate the lack of a density maximum to be detrimental to surrounding properties and uses. DISCUSSION: At the June 25, 2018 Planning Commission meeting, this item was forwarded with a recommendation for approval by a vote of 7-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B • Planning Commission Staff Report W BERRY ST RZN 18-6227 Close Up View C'S CAMPBELL 18-6227 EXHIBIT "A' LU w � > Q a r^ y w LU —� z Subject Property EAGLE 5T w >a l ❑ Q I� Y f'ral�csecF R! -U a 0 CLEVELAND 5T r Legend Planning Area Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet C-2 LU Q I— H W W LU w J R -O C-1 A& NORTH zoninc Acres RI -Ll 0.2 Total 0.2 18-6227 LWYM W. U". LEGAL DESCRIPTION: WARCEL #765-16416.006} Tracts A and 8 of Lost 3pllttr Fa;tarll q Proprrtles, LLC par Ella 2016-23415, alsaa ki own As Lot 4 In BIDck 15 of Rose HIII AtidMan In WILY of FayattavlIle as pet plat of said WdItlon r ward In lhs oftice of tho Clmult Clads and County, kkansas. CITY OF VV�— FAYETTEVILLE PLANNING COMMISSION MEM© ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: June 25, 2018 UPDATED W PC RESULTS SUBJECT: RZN 18-6227: Rezone (SE OF EAGLE ST. & OAKLAND AVEJCAMPBELL, 444): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SE OF EAGLE ST. & OAKLAND AVE. The properties are zoned RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contain approximately 0.34 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE — URBAN. RECOMMENDATION: Staff recommends forwarding RZN 18-6227 to City Council, based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 18-6227 to City Council with a recommendation for approval." BACKGROUND: The subject property is located on the southeast corner of Eagle Street and Oakland Avenue. The property totals approximately 0.34 acres and is currently undeveloped. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North Multi -family residential RMF -40, Residential Multi -family, 40 Units perAcre South Multi -family residential RMF -40, Residential Multi -family, 40 Units per Acre East Sin le -family residential RMF -40, Residential Multi -family, 40 Units per Acre West Single-family residential RMF -40, Residential Multi -family, 40 Units per Acre Request: The request is to rezone the parcel from RMF -40 to RI -U, Residential Intermediate - Urban. The applicant stated the rezoning is needed to subdivide the property for single-family homes. Public Comment: Staff has received public comment concerned about a large tree on the property. They fear that developing the property will result in the removal of said tree, which is reported to be over 100 years old. It should be noted that this property is only going through a rezoning process at this time. No development -level items have been formally submitted. INFRASTRUCTURE: Streets: The subject parcel has access to North Oakland Avenue and West Eagle Street. Oakland Avenue and Eagle Street are improved two lane asphalt streets with sidewalk, curb and gutter, and no storm drains. 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 2 -inch main south of the parcel. Sewer: Sanitary Sewer is available to the site. There is an existing 8 -inch main along North Oakland Avenue. Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the hillside -hilltop overlay district. There are no protected streams on this parcel. There are no hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. 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 the properties within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. FINDINGS OF THE STAFF 1. 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 Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2030, adopted land use policies, and the future land use designation for this location. This property, designated as a City Neighborhood Area, envisions many different uses in different mixed-use configurations. Although this proposal is a downzone in terms of allowed uses, most notably by moving multi -family dwellings to a conditional use, RI -U still allows a range of residential uses that may still achieve a mix of residential building types across the neighborhood. Like the existing RMF - 40 zoning district, RI -U promotes traditional neighborhood development by requiring new buildings be located closer to the street. Land Use Compatibility: The proposed zoning is compatible with the surrounding properties. RI -U is a less intense form of RMF -40 in terms of use, but does have an unlimited density and a much smaller lot size. Due to G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 the size of the property and a mix of surrounding residential uses, staff does not anticipate the lack of a density maximum to be detrimental to surrounding properties and uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff agrees with the applicant that there is sufficient justification for rezoning the property to RI -U. This justification includes diversifying the mix of uses in the neighborhood through allowing varied lot sizes and residential types by -right. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI -U would not appreciably increase traffic to this location above the potential of the current zoning district. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RI -U would not appreciably increase the load on public services above the potential of the current zoning district. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 18-6227 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Date: June 25. 2018 Motion: Autry Second: Scroggin ote: 7-0-0 O Tabled Required YES 0 Forwarded O Denied Motion to forward to CC w/ recommendation for approval Motion passes G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.12 - District RI -U, Residential Intermediate - Urban o §161.17 -District RMF -40, Residential Multi -Family -Forty (40) Units Per Acre • Public Comment Request letter ■ One Mile Map • Close-up Map ■ Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 161.12 - District RI -U, Residential Intermediate - Urban (A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and attached 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 meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings (Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development 2 Conditional Uses. (Unit 2 Cit -wide uses by conditional use permit (Unit 3 Public protection and utility facilities (Unit 4 Cultural and recreational facilities Unit 5 Government facilities (Unit 12a Limited business (Unit 24 Home occupations (Unit 26 Multi -family dwellings Unit 36 JVVireless communications facilities (C) Density. None. f D) Bulk and Area ReaulationS (Dwelling 'all types) Lot width minimum 18 feet Lot area minimum (None (E) Setback Requirements Rear, from centerline of an aIle F Building Height Regulations. IBuildinq height maximum stories/3 stories" A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17) G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 Side Single & Two (2 Rear Other FrontSide Other Uses Family Uses 4 build -to zone that is located between the front property, None 5 feet :5 12 feet line and a line 25 feet from the front property line. (feet Rear, from centerline of an aIle F Building Height Regulations. IBuildinq height maximum stories/3 stories" A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17) G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 161.17- District RMF -40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF -40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. (Unit 1 City-wide uses by right (Unit 8 Single-family dwellings (Unit 9 Two-family dwellings (Unit 10 Three 3 and four 4 family dwellings .Unit 26 Multi -family dwellings Unit 41 14ccesswy dwellings Unit 44 lCluster Housing Development 2 Conditional Uses. (Unit 2 Cit -wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 ultural and recreational facilities (Unit 5 3overnment facilities Unit 11 Manufactured home park Unit 12a Limited business (Unit 24 Home occupation ,Unit 25 Professional offices IUnit 36 Wireless communications facilities C Density. Units per arse jFody (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. !Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two 2 family 0 feet Three or more 70 feet Professional offices 100 feet {2] Lot Area Minimum Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family .500 square feet Two 2 family 3,000 square feet Three 3) or more 7,000 square feet lFraternity or Sorority 1 acre 3 Land Area Per Dwelling Unit. I /lanufactured Home 3,000 square feet lFratemity of Sorority 1500 square feet per resident �] E Setback Requirements. G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 Side Side Single Rear Rear Front Other & Two (2) Other :single Uses:Family Uses Family_ build -to zone that is located between the front property feet 5 feet 20 feet 5 feet line and a line 25 feet from he front property line. G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 F Building Height Regulations. 60din Height Maximum P stories/3 storiW5 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 8, 9, 1-17-17) G:\ETC\Development Services Review\2018\Development Review\18-6227 RZN SE of Oakland Ave. & Eagle St. (Campbell) 444 Davis, Harry From: Evans, Melissa Sent: Monday, June 18, 2018 11:36 AM To: Davis, Harry Subject: FW: OAK TREE 909 EAGLE, irreplaceable, over 100 years old, don't let them destroy it Harry - I see that this is your project for the rezoning. A citizen is concerned about the tree on the property and I have drafted a response - please see below FYI. Thanks - Melissa Melissa Evans, PLA, ASLA Urban Forestry Parks & Recreation City of Fayetteville, Arkansas Phone 479-444-3486 -----Original Message ----- From: Evans, Melissa Sent: Monday, June 18, 2018 9:38 AM To: Scott, John <jscott@fayetteville-ar.gov> Cc: Jack, Theodore <tjack@fayetteville-ar.gov>; Edmonston, Connie <cedmonston@fayetteville-ar.gov> Subject: RE: OAK TREE 909 EAGLE, irreplaceable, over 100 years old, don't let them destroy it John, Ted and Connie - Please review my response to a citizen concern below regarding a tree ASAP. She copied the Mayor on her inquiry and I will copy him on my response -just want to make sure I get it right. Thankyou- Melissa Hi Ms. Thacker - Thank you for your email regarding the oak tree at 909 Eagle Street. I am looking into this matter and have some information for you. I looked at aerial photography on the City of Fayetteville website and see the tree you are talking about. I have not visited the site yet, but will do that soon to see what kind of condition the tree is in and what size it is. From your description and the aerial photography, it looks like it could be what our ordinance classifies as a "significant" tree. I checked on the current zoning of the property and what the proposed zoning will be. It is currently RMF -40 and is proposed to be rezoned as RI -U. RMF -40 is Residential Multi Family and allows 40 units per acre. Per code, it is for "high-density multi -family development" and has an existing tree canopy preservation requirement of 20%. RI -U is Residential Intermediate -Urban and per code "is designed to permit and encourage detached and attached 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 meet demand for walkable urban living". RI -U requires 15% of existing tree canopy to be preserved. If apartments or multi -family dwellings are proposed for this property, Urban Forestry at the City of Fayetteville will review the plans for compliance with Chapter 167, the Tree Preservation and Protection Ordinance. If a single family home or duplex is proposed for the property, Urban Forestry will not review it as that type of development is exempt from Chapter 167. I have called the engineer who assisted the property owner in the application for the rezoning and let him know that we are getting citizen concerns about the oak tree at 909 Eagle Street. I let him know that if Urban Forestry reviews it, Chapter 167 will have to be followed and if it is a significant tree it will be of utmost consideration for preservation per the code. The Engineer -told me that the property owner wants to work with the tree and preserve it. I hope this information helps. Thank you again for reaching out and for using your voice as a citizen. I'm glad you have the rezoning meeting date. Citizen input is always welcome. Best - Mclissa Melissa Evans, PLA, ASLA Urban Forestry Parks & Recreation City of Fayetteville, Arkansas Phone 479-444-3486 -----Original Message ----- From: Julie Thacker [mailto:blueseabirdwading@cox.net] Sent: Sunday, June 17, 2018 3:44 PM To: Evans, Melissa <mevans@fayetteville-ar.gov>; Scott, John <jscott@fayetteville-ar.gov>; Mayor <Mayor@fayetteville-ar.gov> Subject: OAK TREE 909 EAGLE, irreplaceable, over 100 years old, don't let them destroy it June 17, 2018 To Melissa Evans, Fayetteville Urban Tree Forester, I am writing to you concerning the magnificent, irreplaceable oak tree at 909 Eagle Street in Fayetteville, Arkansas. I looks like another developer came to Fayetteville, and has decided to build on that tiny lot at 909 Eagle. The big oak tree on the corner of Eagle and Oakland has been there as long as I have lived across the street, and I am afraid that the developer is planning to cut it down. That tree is irreplaceable. It is a beautiful tree that is over a hundred years old. And that is the ONLY tree on the whole lot. I think it will be a horrible decision to destroy that magnificent and irreplaceable oak tree. There are not many oak trees left on OAKland street anymore because developers of the mega apartment buildings have cut them all down. Over the years I have watched the apartment builders cut down many beautiful trees in Fayetteville. They have done it all over my neighborhood. Fayetteville has now a Tree Preservation Ordinance that is supposed to protect the tree at 909 Eagle. My name is Julie Thacker, I live across the street at 949 Eagle, to the west of that beautiful tree at 909 Eagle, where the proposed development is about to take place. I have been at my current address in Fayetteville over 30 years and have been deeply saddened by the way the developers come in from out of town and first cut down all the trees on a lot, and then build apartments. And more times than not, the rent is too high to live there when they get done building them (another issue to be debated). The tree at 909 Eagle is the ONLY big tree there on that lot, and should NOT be cut down. It SHOULD be added to the historical register of big trees. Melissa, I am begging you to look at this tree situation, and to not allow them to cut that over -100 -year oak tree down. There is no way to replace a tree like that,which took over a hundred years to grow. And if they are allowed to cut down that tree, there will be drainage and erosion problems, because the roots of that old oak tree help to keep this hillside together. The developers can still build something there, they just do not have to cut that tree down to do so. People come to Fayetteville from all over the country and from all over the world to visit. I have family and friends who always want to come to Fayetteville. They always say they love Fayetteville. They may not even know why, but I know one reason they love Fayetteville so much. In this town, we have tried to protect our trees, and that is one thing that visitors may not even notice about why they like it here. The trees are what makes this city beautiful. I noticed that they are planting trees in the medians of College Street, and on Dickson Street. I love that, by the way. But what is the point of trying to plant trees there, and then tuning around and destroying a beautiful, one -hundred year oak tree in the neighborhood? It is wrong. It seems contradictory to me, to be planting little twig -like trees in one place in the city, and then turning around and destroying beautiful, magnificent, irreplaceable, hundred -year-old oak trees in another part of the city, in this case, across the street from me (909 Eagle). Melissa, please look at this situation and do not allow the destruction of this beautiful tree at 909 Eagle. Please work to keep our neighborhoods green and beautiful. They recently put the big red sign out there at 909 Eagle. It says: Public Hearing RZN 18-6227 SE OF EAGLE ST. & OAKLAND AVE - Public Hearing: Planning Commission - Date: Monday June 25, 2018 - Time: 5:30 pm. I got a letter from Jorgensen Associates, 124 W. Sunbridge Drive, Suite 5, Fayetteville AR 72703, and it said that I could call them, but I have not done so yet, phone number on the letter is 479-442-9127. Melissa, please do not allow them to destroy the 909 Eagle Oak tree, which is irreplaceable. I have lived in here over 35 years now, and saw the apartment builders cut down several oak trees across the street on the north side of me. They tried to cut down the one on the south side of me, and also one -hundred - year -old oak trees on the east side of me. I cried and cried when they cut down two big maple trees on the north west side of me over 15 years ago. Those maple trees there got brilliant red and fire orange every fall, I loved them, and I STILL miss them. There was a magnolia tree that was about 2-3 stories high there, and they destroyed that too. And with Fayetteville's colder weather, it must have been a challenge to even get that magnolia tree to grow at all, but the older lady who once lived across the street from me, or maybe it had been her parents who planted it, they were was successful in growing it. It had big beautiful magnolia flowers on it year after year, and had survived Fayetteville's sometimes harsh winters. But when the developers came along, in less than a week, those beautiful trees were gone, forever. The apartment builder made a feeble attempt to put something back, but NOTHING will ever replace those maple trees, the magnolia tree, and some of the oak trees that had been there before on that lot. Fayetteville will lose all its beauty if these developers are allowed to keep cutting down all the old trees. Sometimes I leave Fayetteville for visits, I have family in rural Arkansas, and at first when I leave Fayetteville am glad to be somewhere where apartment building mania has not overrun the place, and glad to look around and see no ugly apartments everywhere. I kind of like that. But other towns in Arkansas are not nearly as beautiful as Fayetteville is, they are kind of bare looking, don't have many trees left. And no matter what, I am ALWAYS glad to come back home to Fayetteville, where people of this City value Fayetteville's trees. Melissa, PLEASE do not allow the developers to destroy this beautiful irreplaceable Oak tree at 909 Eagle. I don't know for sure but I would guess, that the developers who come in and destroy the beautiful trees of Fayetteville do even live anywhere close to Fayetteville. I will call you tomorrow. I work Monday -Friday. My home number is 479-442-6915, you can leave me a message on that number if need, my work number is 479-575-5548. My CELL PHONE number is 479-422-3193, and keep it with me most of the time, calling me on that number would be best. I guess I will have to show up Monday, June 25 to the Public Hearing to protest about cutting down this beautiful oak tree at 909 Eagle. I don't care just what monstrosity of apartments they will try to build now, but do I care very deeply about the tree at 909 Oakland. I do not want to organize a big tree -sitting event, and include the media too, but I will, if I have to, to save this over -a -hundred -years -old oak tree at 909 Eagle. Melissa, please look at this tree situation. The developers will be in violation of Fayetteville's Tree Preservation Ordinance if they cut down this magnificent, over -a -hundred -years -old, beautiful and irreplaceable Oak tree at 909 Eagle. I will call you on Monday. Sorry if this letter got long, I just cannot make my point in one sentence. Sincerely, Julie Thacker Fayetteville Resident for over 30 years 949 Eagle Street Fayetteville, AR 72701 CELL: 479-422-3193 Home phone (with message machine): 479-442-6915 Work phone (Mon. -Fri.): 479-575-5548 J®RGE NSEN 1241N Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 +ASSOCIATES Fax: 479.582.4807 City of Fayetteville 113 W Mountain Fayetteville, AR. 72701 At: Harry Davis Re: Campbell Rezoning Attached please find information pertaining to the rezoning request for the Michael Campbell property located at the SE Corner of Eagle and Oakland Ave. The existing zoning is RMF -40 and the request is to rezone to RI -U. If this property is rezoned, we will prepare a lot split. The owner would like to construct three single family homes on this property and this requested zoning would allow this. There is a mix of uses in this area and we feel that the construction of three single family houses would not be out of character and would be compatible with the neighborhood. Please review this information and let me know if you need any thing else. Thank you. Sincerely; 1� David L. Jorgensen, JORGENSEN +ASSOCIATES C uivti En Fit-,eermg • SurvF.y,ng L�fli}S��ZtG� f`�rC'P:t�?CtUY4. �erV��. �'S May 14, 2018 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Campbell Property at Eagle and Oakland Ave 124 W Sunbridge Drive. Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 4vef w.i.)rge nsona"ssoc.-orn This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: 765-10416-000 (Michael Campbell, Mgr two blonde brothers) B. Currently this property is zoned RMF -40 The reason for the requested RI -U zoning is to allow the construction of three single family homes (if rezoned we will process a lot split) C. This property is surrounded with RMF -40 but with a rezoning to RI -U we feel it would add a mixture of housing types that will enhance the neighborhood. D. A waterline will have to be extended to one of the proposed lots but there is an existing 8" sewer along Oakland Ave E. We feel the requested zoning would not be detrimental to the area and in fact would add a mix to the neighborhood. F. Per the city's future land use plan this area is called out to be a City Neighborhood Area. G. Adjacent streets (N. Oakland Ave and Eagle Street) are the means of access to this property. No improvements will be required. H. We do not feel that this rezoning request will adversely affect the infrastructure in this area. I. RMF -40 would not allow the construction of three single family homes (because of a 2500SF minimum lot size) Sincerely, 149 J stin L. Jorgensen, PE RZN18-6227 CAMPBELL One Mile View 0 0.125 0.25 0.5 Miles . ice;, + --24 Y. J h•E , .. I• I C7 LU Ir CA Subject Property ItsF-a ; 31 R -O CLEVE ND STI'tl {� 'a x MAPLE ST i NORTH 4 a Msc I—Wj EXTRACTION RES 11AITIAL SNOLE-FAMILY S F n Legend <Limit-,� -V COMMERCIA110-7 GPlanning Area FORM BASED DISTRICTS Fayetteville City Limitsg, RI 1� %-I-1ne 41...Shared Use Paved Trail RY+Trail (Proposed) —= tV RMF 2a PLANNED ZONING DISTRICTS RMFPlaINDUSTRIALBuilding Footprint NSTITUTIONAL FayL z _ �� a.uaai a tl RZN18-6227 CAMPBELL Close Up View BERRY ST LU 00 I* Q W J ❑ J z _ Q J EAGLE ST w Q ❑ z Q Q �I O LU a W Subject Property RI -U CLEVELAND ST W -- Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet C.-2 W Q F- F - w W LU J R -O C -I - MW NORTH jL Zoning Acres RI -U 0.2 Total 0.2 RZN 18-6227 CAMPBELL A& NORTH Future Land Use �pGN�C s HAZEL ST I CIO HUGHES ST 1* u1 oa. ¢ j BERRY ST to Subject Property � ¢ LU 1 d I � _ EAGLE i = r 17, CLEVELAND ST r LU a M UJ ¢ PRIVATE 675UJ � _Ja LU z J a fl O TAYLOR ST 1� DOUGLAS ST :F ¢ r r L LO m J � A ¢ � CL Q � Legend s Planning Area rzz Fayetteville City Limits Feet Shared Use Paved Trail 0 145 290 580 870 Trail (Proposed) 1 inch = 400 feet Building Footprint FUTURE LAND USE 2030 City Neighborhood Area - Urban Center Area Civic Institutional 1'160 Non -Municipal Government RECEIVED 'JUL S 12018 •16*1 IN I NA MIN 1 _AX: 179.69-1118 AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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. 6075 Was inserted in the Regular Edition on: July 26, 2018 Publication Charges: $ 70.20 Cathy Wiles Subscribed and sworn to before me This 5l day of jtA tj , 2018. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. 's g 9111/12 ° • CO(AVN ° s<r�9Fs3.16 Ordinance: 6075 File Number: 2018-0339 RZN 18-6227 (SE OF EAGLE ST. & OAKLAND AVE./CAMPBELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6227 FOR APPROXIMATELY 0.34 ACRES LOCATED SOUTHEAST OF EAGLE STREET & OAKLAND AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE - URBAN BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council ofthe City of Fayetteville, Arkansas hereby changes the zone classification ofthe property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF -40, Residential Multi Family, 40 units per acre to RI -U, Residential Intennediate - Urban. Section 2. That the City Council ofthe City of Fayetteville, Arkansas hereby amends the official zoning map ofthe City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 7/17/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74611257 July 26, 2018