HomeMy WebLinkAboutORDINANCE 6100113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6100
File Number: 2018-0479
RZN 18-6308 (1400 & 1424 N GREGG AVEBIRGIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-
6308 FOR APPROXIMATELY 0.39 ACRES LOCATED AT 1400 AND 1424 NORTH GREGG
AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 units per
acre to RI -12, Residential Intermediate, 12 units per acre.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/16/2018
Approved: Attest:
Lioneld Jordwn ayor Lisa Branson, Deputy City C011111!11q
.•�`�L�RK r ARE
O,c-
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Page 1 Printed on 10/17/18
RZN18-6308 BURGIN EXHIBIT 'A`
Close Up View 18-6308
MARTHA DR
Subject Property
SIM
Proposed
I-1
HOLLY ST
NORTH
Zoning Acres
Legend N/A 0.4
Hillside -Hilltop Overlay District
_Planning Area
Feet
1 — Fayetteville City Limits
0 75 150 300 450 600
Shared Use Paved Trail
1 inch = 200 feet Total 0.4
Building Footprint
EXHIBIT 010'
18-6308
Property Legal Description for 1400/1424 N Gregg Street
A part of Lot 1, Seamster Place Subdivision to the City of Fayetteville, Arkansas as shown
on plat of record in plat book 1, at page 39, and in plat book 4, at page 151, plat records of
Washington County, Arkansas, described as beginning at a point 292 feet West of the SE
corner of said Lot; thence running North 130 feet; thence West to the West line of said Lot;
thence South to the SW corner of said Lot; thence East to the point of beginning.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0479
Agenda Date: 10/16/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
RZN 18-6308 (1400 & 1424 N GREGG AVEBIRGIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
18-6308 FOR APPROXIMATELY 0.39 ACRES LOCATED AT 1400 AND 1424 NORTH GREGG
AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 units per acre to RI -12, Residential
Intermediate, 12 units per acre.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 10/17/2018
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2018-0479
Legistar File ID
10/2/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/14/2018 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 18-6308: Rezone (1400 & 1424 N. GREGG AVE./BIRGIN, 406): Submitted by JAMES BIRGIN for property located
at 1400 & 1424 N. GREGG AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and
contains approximately 0.39 acres. The request is to rezone the property to RI -12, RESIDENTIAL INTERMEDIATE, 12
UNITS PER ACRE.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Fund
Project Title
l $ --- -
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
I
' CITY COUNCIL AGENDA MEMO
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 2, 2018
TO: Mayor, Fayetteville City Council
THRU: Garner Stoll, Development Services Director
FROM: Harry Davis, Current Planner
DATE: September 14, 2018
SUBJECT: RZN 18-6308: Rezone (1400 & 1424 N. GREGG AVEJBIRGIN, 406): Submitted
by JAMES BIRGIN for property located at 1400 & 1424 N. GREGG AVE. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
and contains approximately 0.39 acres. The request is to rezone the property to
RI -12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
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 northeast corner of Lawson Street and Gregg Avenue. The
property totals approximately 0.39 acres, is zoned RSF-4, and is currently developed with two
single-family homes.
Request. The request is to rezone the parcel from RSF-4 to RI -12, Residential Intermediate, 12
Units per Acre. The applicant stated the rezoning will help to renovate and redevelop the property.
Public Comment: Staff has received public comment from neighbors opposed to this rezone.
Discussion in opposition of the proposal is centered on concerns over multi -family uses,
consistent land use across the neighborhood, property values, traffic, sub -standard infrastructure,
rental properties, and safety. The VA Hill Neighborhood Association is also opposed to this
proposal and has a petition of approximately 50 signatures. The petition and all emails, letters,
and photos are attached to the Planning Commission report. Members of the neighborhood raised
similar concerns and expressed opposition to the project at the Planning Commission meeting.
Land Use Compatibility: The proposed zoning is compatible with the surrounding properties. RI -
12 is limited in size and density, which when coupled with the location on a street corner along
Gregg Avenue, would make it compatible with nearby properties. Due to the size of the property
and a mix of surrounding residential uses, staff does not anticipate a 12 unit per acre density to
be detrimental to surrounding properties and uses.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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. RI -12 would allow a range of residential uses not allowed by -right or
found in the neighborhood. RI -12 promotes traditional neighborhood development by requiring
new buildings be located closer to the street. For this location in particular, having a higher -density
development on a corner location would contribute to a transect of density and intensity from
Gregg Avenue to the inner neighborhood.
DISCUSSION:
At the August 27, 2018 Planning Commission meeting, this item was forwarded with a
recommendation for approval by a vote of 9-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN18-6308
Close Up View
BU RGIN
EXHIBIT 'A'
18-6308
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SPRU.CP ST
MARTHA DR
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Subject Property r ��
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3-1
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HOLLY ST
NORTH
Legend
f if
�.......i
-Hilltop Overlay District
Planning Area
, — —
L — r Fayetteville City Limits
Shared Use Paved Trail
Building Footprint
Zoning Acres
N/A 0.4
Feet
0 75 150 300 450 600
1 inch = 200 feet Total 0.4
EXHIBIT 1E3'
18-6308
Property Legal Description for 1400/1424 N Gregg Street
A part of Lot 1, Seamster Place Subdivision to the City of Fayetteville, Arkansas as shown
on plat of record in plat book 1, at page 39, and in plat book 4, at page 151, plat records of
Washington County, Arkansas, described as beginning at a point 292 feet West of the SE
corner of said Lot; thence running North 130 feet; thence West to the West line of said Lot;
thence South to the SW corner of said Lot; thence East to the point of beginning.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
' ARKANSAS
�T
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
MEETING DATE: August 27, 2018 UPDATED W/ PC RESULTS
SUBJECT: RZN 18-6308: Rezone (1400 & 1424 N. GREGG AVE./BIRGIN, 406):
Submitted by JAMES BIRGIN for property located at 1400 & 1424 N.
GREGG AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.39 acres. The
request is to rezone the property to RI -12, RESIDENTIAL INTERMEDIATE,
12 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 18-6308 to City Council, based on the findings contained in
this report.
RECOMMENDED MOTION:
"I move to forward RZN 18-6308 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on the northeast corner of Lawson Street and Gregg Avenue. The
property totals approximately 0.39 acres, is zoned RSF-4, and is currently developed with two
single-family homes. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zonin
J Direction
Land Use
j Zoning
i North
_ Undeveloped
RSF, Residential Single-family, 4 Units per Acre
iSouth
Multi-familyresidential
RSF-4, Residential Single-family, 4 Units per Acre
BEast
Duplexes
RSF-4, Residential Single-family, 4 Units per Acre
west
Single-family residential
RSF-4, Residential Single-family, 4 Units per Acre
Request: The request is to rezone the parcel from RSF-4 to RI -12, Residential Intermediate, 12
Units per Acre. The applicant stated the rezoning will help to renovate and redevelop the property.
Public Comment: Staff has received public comment from neighbors opposed to this rezone.
Discussion in opposition of the proposal is centered on concerns over multi -family uses,
consistent land use across the neighborhood, property values, traffic, sub -standard infrastructure,
rental properties, and safety. The VA Hill Neighborhood Association is also opposed to this
proposal and has a petition of approximately 50 signatures. The petition and all emails, letters,
and photos are attached to this report.
INFRASTRUCTURE:
Streets: The subject parcel has access to North Gregg Avenue and West Lawson Street.
North Gregg Avenue is an improved four -lane Minor Arterial with sidewalk, curb
and gutter, and storm drains. West Lawson Street is a substandard two-lane Local
street with no sidewalk, no curb and gutter or 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 8 -inch main along North
Gregg Avenue and a 2 -inch main along West Lawson Street.
Sewer: Sanitary Sewer is available to the site. There is an existing 8 -inch main along North
Gregg Avenue and a 6 -inch main along West Lawson Street.
Drainage: No portion of this property is identified as FEMA regulated floodplains. The parcel
does lay within the HHOD. 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 has no comments regarding the rezoning request. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
The site will be protected by Ladder 2, located at 708 N. Garland Avenue. The
property is located approximately 1.0 miles from the fire station with an anticipated
response time of approximately 3 minutes. The Fayetteville Fire Department has
a 6 -minute response time goal for all development. Since this site is within the Fire
Department's response time goal, the Fire Department does not feel this
development will negatively impact response time averages for this area.
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. RI -12 would allow a range of residential uses not allowed by-
G:\ETC\Development Services Review\2018\Development Review\18-6308 RZN
1400 & 1424 N. Gregg Ave. (Burgin) 406\
right or found in the neighborhood. RI -12 promotes traditional neighborhood
development by requiring new buildings be located closer to the street. For
this location in particular, having a higher -density development on a corner
location would contribute to a transect of density and intensity from Gregg
Avenue to the inner neighborhood.
Land Use Compatibility: The proposed zoning is compatible with the
surrounding properties. RI -12 is limited in size and density, which when
coupled with the location on a street corner along Gregg Avenue, would
make it compatible with nearby properties. Due to the size of the property
and a mix of surrounding residential uses, staff does not anticipate a 12 unit
per acre density 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 believes that there is sufficient justification for rezoning the property to
RI -12. This justification includes diversifying the mix of uses along the
perimeter of the neighborhood and on a Minor Arterial roadway 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 -12 would increase traffic to this location above
the potential of the current zoning district, but the impact is not expected to
be significant given the surrounding road network, including Gregg Avenue,
which is an underutilized Minor Arterial.
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 -12 would increase the load on public services
above the potential of the current zoning district, but the impact is not
expected to be significant given the evaluation by the various city divisions.
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 18-6308 to City Council
with a recommendation for approval.
WETC\Development Services Review\2018\Development Review\18-6308 RZN
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PLANNING COMMISSION ACTION: Required YES
Date: August 27, 2018 0 Tabfed 0 Forwarded ❑ Denied
Motion: Belden
Second: Scroggin
Note: 9-6-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 -District RSF-4, Residential Single -Family -Four (4) Units Per Acre
o §161.12- District RI -U, Residential Intermediate- Urban
• 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\18-6308 RZN
1400 & 1424 N. Gregg Ave. (Burgin) 406\
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
[ I i Permitted Uses
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
C Density.
(D) Bulk and Area Reputations
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Reputations
G:\ETC\Development Services Review\2018\Development Review\18-6308 RZN
1400 & 1424 N. Gregg Ave. (Burgin) 406\
Single-family
dwellings
Two (2) family
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
G:\ETC\Development Services Review\2018\Development Review\18-6308 RZN
1400 & 1424 N. Gregg Ave. (Burgin) 406\
Land area per
8,000 square feet
6,000 square feet
dwelling unit
5 feet
15 feet
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
E Setback Re uirements
Front
Side
Rear
15 feet
5 feet
15 feet
fl Building Height Regulations .
Building Height Maximum 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
G:\ETC\Development Services Review\2018\Development Review\18-6308 RZN
1400 & 1424 N. Gregg Ave. (Burgin) 406\
161.11 - District RI -12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI -12 Residential District is designed to permit and encourage the development of detached
and attached dwellings in suitable environments, to provide a development potential between low density and
medium density with less impact than medium density development, to encourage the development of areas with
existing public facilities and to encourage the development of a greater variety of housing values.
(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
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit l2a
Limited business
G:\ETC\Development Services Review\2018\Development Review\18-6308 RZN
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Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
[Units per acre 12
(D) Bulk and Area Regulations.
(E) Setback Requirements.
Front
Single-
Two (2) family
Three (3)
Rear
family
Uses
family
Lot width
50 feet
50 feet
90 feet
minimum
Family
A build -to zone that
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
(E) Setback Requirements.
Front
Side Other
Side Single &
Rear Other Uses
Rear
Uses
Two (2) family
Single
Family
A build -to zone that
8 feet
5 feet
20 feet
5 feet
is located between
the front property
line and a line 25
feet from the front
property line.
(F) Building Height Regulations.
Building height maximum _T 2 stories/3 stories'
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* 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 50% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; 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, 06-18-13; 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 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
G:\ETC\Development Services Review\2018\Development Review\18-6308 RZN
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From: ericparkinson1@aol.com
To: OavI5Hari; Garner, Andrew; Ieslleftpresbytery farkansas-or ; Robt@sharoarc .net; Jordan. Lioneld;
donmarrCaci,faygttevIlIe.ar.0 ; dtycouncl1Qmatthewoetty.org; Gray. Adella; Marsh, Sarah; Kinion. Mark; Tennant.
Justin: Bunch. Sarah: La Tour. John; a il. ; mhofimanQfayetteylile-ar_g ; Curth. Jonathan;
Harrison, And Richmond. Andrew; Rwden. David; Thompson._ Quin; Williams. Kit; Pennington. Blake
Subject: V.A. HILL NEIGHBORHOOD - United In Opposition to Rezoning Request RZN 18-6308
Date: Saturday, August 18, 2018 8:42:13 PM
Attachments: VA Hfli 012pqsitlon Petition RZN 18-6308.odf
VA HTLL I
Dear Esteemed Members of the Fayetteville Planning Commission, City Commission,
City Attorney and City Staff:
On behalf of the V.A. Hill Neighborhood Association, attached hereto is a PETITION
signed by residents in opposition to RZN 18-6308 (1400 N. Gregg), which is
scheduled for review on Monday, August 27. This list contains signatures of
opposition from forty-nine (49) residents... but we could easily get this total number to
over 100 resident signatures if so required to demonstrate the STRONG
OPPOSITION to this proposed re -zoning.
The V.A. Hill Neighborhood Association was formed in June of 2002 (16 -years ago),
with the mandate to protect our single-family neighborhood from re -zoning that would
destroy the unique qualities of the area and negatively impact the quality of life and
property values.
The V.A. Hill Neighborhood Association consists of 125 single family homes located
North of North Street, South of Sycamore, East of Gregg and West of Woolsey.
There is a MAP on one of the attached PDF files which shows this small pocket of
homes located roughly "behind" the Veteran's Administration Hospital (thus our
neighborhood name).
It is our belief that neighborhoods consisting of small "pockets" of single-family homes
is essential to preserving the beauty and charm of Fayetteville. Our neighborhood
residents are diverse in background, but united in our commitment to preserve and
protect our quality of life. Notable properties in this neighborhood include an
impressive 8 -acre estate at 254 W. Holly and the historic and a stunning, Civil -War -
Era home at 410 W. Holly. Due to the belief in the sanctity of the City's current
zoning, NEW CONSTRUCTION investments have also been realized here, including
an impressive new home at 1202 N. Shady Lane and a new home on North Gregg
Street, less than 200 feet from the proposed "rezoning" request. These and other
property owners have made significant investments in this neighborhood based on
the zoning which has been in place for decades (see attached photo sheet).
An additional consideration for this particular rezoning request is the condition of
LAWSON Street. This is a single lane street - often less than 10 -feet in width - and
already compromised with cracks and erosion from existing traffic. To add a
multifamily development on Lawson Street (at the corner of Gregg Street), will require
that the City locate and allocate hundreds -of -thousands -of -dollars to improve Lawson
Street in order to accommodate the additional traffic that this rezoning request would
generate.
Planning Commission
August 27, 2018
Agenda Item 10
18-6308 Birgin
Page 10 of 27
We respect the City's goal of creating "infill" when and where appropriate. But with
extensive apartments on the WEST side of Gregg and on the North Side of Sycamore
(both bordering the V.A. Hill Neighborhood zone), we feel that infill and multi -family
rezoning at 1400 N. Gregg is not a wise location... and is a move that will be strongly
opposed by the V.A. Hill residents.
We appreciate your consideration of our request to oppose this rezoning request. We
will try to keep the neighbor resident attendees for the Monday night hearing to
around 30 persons with only 20 or less speaking in opposition.. but passions are
heated against this move, so the turn -out of residents could be higher.
Very Truly Yours,
ERIC PARKINSON,
Neighborhood Captain / V.A. Hill
335 W. Holly St.
Tel 818-481-5277
Planning Commission
August 27, 2018
Agenda Item 10
18-6308 Birgin
Page 11 of 27
V.A. HILL is an established neighborhood of HISTORIC and SINGLE-FAMILY HOMES in the Heart
of Fayetteville. The protection of neighborhood pockets zoned solely for "houses" is what
makes this city unique, strong and desirable. Please do not let the strategy and dogma of
unrestricted "infill" destroy the character of what is unique and beautiful about Fayetteville.
V.A. Hill should remain "SINGLE FAMILY HOUSING" as was represented to all the residents that
chose to live here, to build impressive new houses and to restore historic structures.
Impressive 8 -Acre Homestead at 254 W. Holly.
...........
Expensive new home at 1202 N. Shady Lane
Historic, Civil -War Era restored home at 410 W. Holly
Expensive new home under construction on Gregg St.
LAWSON STREET is a tiny road, often less than 10 -feet wide, and is physical incapable of supporting ANY NEW Traffic
from the proposed rezoning request at the corner of LAWSON and GREGG Sts. A re -zoning approval for this site
would REQUIRE hundreds -of -thousands of dollars for LAWSON STREET improvements to handle the added strain.
Planning Commission
August 27, 2018
Agenda Item 10
18-6308 Birgin
Page 12 of 27
Prop -00
ne 21
V.A. HILL NEIGHBORHOOD MAP
"I SywTio:c S.
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Veterulls HP-81th Cure
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335 West Holly Street
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Gregory Park
PROPOSED RE -ZONING PROPERTY, 1400 & 1424 N. GREGG STS.
Planning Commis n
August 27, 2 6
A, 1 0
t8-6308 Bi1, n
Page 13 of 27
V.A. HILL NEIGHBORHOOD ASSOCIATION
IS UNITED IN OPPOSITION TO RE -ZONING
RE: RE -ZONING HEARING RZN 18-6308 for 1400 and 1424 N. Gregg Sts.
TO THE ESTEEMED MEMBERS OF The City of Fayetteville City Commission & Planning
Commission: Please take note that the property owners and residents of the "V.A.
HILL NEIGHBORHOOD ASSOCIATION" are opposed to actions to RE -ZONE any portion
of our neighborhood into multi -family / multi -occupancy housing. The undersigned
below are OPPOSED to application RZN 18-6308, to allow for multi -family occupancy
at properties on the EAST side of GREGG Street, which is within our neighborhood
association zone.
NAME SIGNATURE STREET ADDRESS
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The V.A. Hill Neighborhood Association was formed in June of 2002, and is comprised of approximately 125
residential properties (plus the Washington Regional Support Home) in the area WEST of the Veteran's
Administration Hospital along WOOLSEY St., and EAST of GREGG STREETS, bounded by NORTH street to the
SOUTH and SYCAMORE to the NORTH. This neighborhood is zoned for single-family residential housing, and
should be preserved as such to maintain a strong neighborhood diversity within the central zone of Fayetteville.
Planning Commisn
August 27, 2 8
Agenda Item a
18-6308 Bir in
Page 14 of 27
V.A. HILL NEIGHBORHOOD ASSOCIATION
IS UNITED IN OPPOSITION TO RE -ZONING
RE: RE -ZONING HEARING RZN 18-6308 for 1400 and 1424 N. Gregg Sts.
(Petition — Continued)
%ME SIGNATU STREET ADDRESS
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Planning Commis n
August 27, 2 8
Agenda item 0
18-6308 Sir in
Page 15 of 27
V.A. HILL NEIGHBORHOOD ASSOCIATION
IS UNITED IN OPPOSITION TO RE -ZONING
RE: RE -ZONING HEARING RZN 18-6308 for 1400 and 1424 N. Gregg Sts.
(Petition — Continued)
NAME SIGNATURE STREET ADDRESS
Planning Commis n
August 27, 21 8
Agenda Item 0
18-6308 H i in
Page 16 of 27
Davis, Harry
From: Alex Clark <mrs.alexclark@gmail.com>
Sent: Friday, August 17, 2018 3:43 PM
To: Davis, Harry
Subject: Opposition to RZN 18-6308
Dear Harry,
I am the property owner of 415 W Holly St and member of the VA Hill Neighborhood Association. I wanted to express my opposition to rezoning any part of our
neighborhood into multi-family/multi-occupancy housing; specifically I am opposed to RZN 18-6308. Our neighborhood, where we are raising our children, is
zoned for single-family housing and needs to remain so to maintain our strong neighborhood diversity. Thank you for listening to my family's concerns.
Josh and Alex Clark
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Davis, Harry
From: Danys Parker <ddparker@cox.net>
Sent: Friday, August 17, 2018 11:34 PM
To: Davis, Harry
Subject: RZ 18-6308
Dear Harry,
I am writing this in regards to the proposed rezoning of a single family property at the end of my street. I reside 320 W. Lawson St., and have owned this home
since 2002. The neighborhood is unique, quiet, and full of nature. My only complaint is the properties that are suppose to single family that have turned into
multi family frat houses. I am concerned that another property such as this would decrease my property value that I have worked so hard to pay off. I am
concerned that rezoning the property on Gregg at the corner of Lawson would create a chance for renters to trash the property, have parties, create a traffic
problems such as blocking street access for residents and emergency vehicles. I also have taken notice of the multitude of rental and lease properties on Gregg
St this week and they are plentiful, so another rental is not needed in this area. If the developers were to build a multi family dwelling at this location, the traffic
going North on Gregg St at speeds of 35-45 mph coming over the hill would be hazard for residents turning into this proposed property. Please consider my
opposition to RZN 18-6308.
Thank You, Danys Parker
Sent from my Whone
Davis, Harry
From: Linda Jones <ozarkhighlandergal@gmail.com>
Sent: Monday, August 20, 2018 8:10 AM
To: Davis, Harry
Subject: Opposed to RZN 18-6308
Hi,
I am the property owner of 408 W Patricia Lane and member of the VA Hill Neighborhood Association. I wanted to express my opposition to rezoning any part of our
neighborhood into multi-family/multi-occupancy housing. Currently, we are zoned for single-family housing and this needs to remain in place. Our neighborhood is quite
diverse but also small. Our streets are narrow and already traffic in this part of town makes it quite difficult to get out of our neighborhood. The addition of several new
cars will make it more dangerous for our children who live throughout this neighborhood, ride their bikes, walk to each others' homes to play. Further, rezoning will only
add to the number of cars driving our streets.
I am opposed to RZN 18-6308. We have all gone to great expense to make this neighborhood strong, healthy and whole for the benefit of young families as well as young
and old couples alike. But for those who live here, children visit grandparents during holiday seasons; neighborhood picnics have us walking to gather together for such
events; many of us walk or bike within the neighborhood for exercise. It is a good, caring neighborhood. We long to maintain our safe, secure, and peaceful
community. We ask that you take this into strong consideration and keep our neighborhood zoned for single-family housing.
Thank you for your compassion in this matter,
Linda C. Jones
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From: brantonmnnr&
To, Curth. Jonathan
Subject: Opposing rezoning on 1400 and 1424 N Gregg Ave
Date: Friday, August 17, 2018 10:11:24 AM
"A craze for building reigns like an epidemic:the tide of houses rises as we
look,overflowing the barriers, invading the suburbs,and making its first
assaults on the outworks of the city's fortifications. Can we stop this mania
for piling stone on stone?"
-Edmond Texier
While the above quote was originally about something different it rings true
to me about the move towards apartment complexes and multifamily housing in
our area.
I am writing to make known my opposition to the re zoning of the property at
1400 and 1424 N Gregg Ave.
I live in the VA HILL neighborhood at 400 W Patricia Lane. With my young and
growing family.
Community involvement is something I value. Increasing the number of these
rental type units encourages a relatively transient population that is less
likely to be engaged in the community.
From a safety perspective, I am adamantly opposed to increasing the numbers
of people in an area that is already dangerous. The properties in question
sit at the bottom of a steep hill and cars traveling north on Gregg regularly
exceed the speed limit. Adding more traffic to the bottom of the hill would
be a mistake. By rezoning this property and allowing for more units here this
already dangerous section of Gregg will be even more hazardous to navigate.
The last move to rezone in this area (in June 2002) on Lawson, just up the
hill from the proposed rezone, resulted in a dilapidated vacant house at 510
Lawson, and the house next door which is prone to parties and parking
hazards. I cannot imagine a good result for two properties proposed for
building on Gregg. A quick search of the rental properties on Gregg shows
just about all of them have units to rent or lease, so they don't seem to be
in high demand on Gregg St. Why do we need more?
LETS BRING MORE AFFORDABLE SINGLE FAMILY HOUSING FOR FAMILIES INTO OUR AREA.
Affordable single family housing is critical to a decent quality of life for
many of us. Many working class young professionals and other families cannot
afford decent housing to purchase or rent within the downtown and midtown
areas of Fayetteville. In my opinion, this lack of affordable single family
housing drives valuable citizens away from our area. My family and I are
active in our community and plan to stay here for quite some time. Please
don't give us a reason to look elsewhere.
Thank you for your attention to this matter.
Branton Moore
Planning Commission
August 27, 2018
Agenda Item 10
18-6308 Birgin
Page 20 of 27
Davis, Harry
From: Sara Bishop <fivebishops@gmail.com>
Sent: Friday, August 17, 2018 12:25 PM
To: Davis, Harry
Subject: Opposition to Rezone at 1400 and 1424 Greg Avenue
Dear Mr. Davis,
In addition to my signature on the VA Hill Neighborhood Association's petition, please consider this email a formal expression of my opposition to the rezoning request at
Gregg/Lawson. I appreciate the opportunity for my comments to be included in the report.
Neighborhoods like ours have carried much of the burden of the University's rapid growth in the last several years, forcing us to constantly fight rezoning requests and police
zoning infractions in order to maintain property values, quality of life, as well as affordability for young professionals and families in the downtown Fayetteville area.
While I understand the economic motivators that push landlords and developers (with planning council's blessings) to create denser housing complexes, I strongly believe that
we need to be thoughtful and consistent in those efforts. This is why we as a neighborhood association have made it our consistent policy to keep all properties EAST of GREGG
and SOUTH of SYCAMORE as single-family homes (including acceptable rentals under the City Code). Although not excited about the recent multiplex housing approved west of
Gregg, it is not our policy to oppose any and all development within the vicinity. Rather, we choose to be balanced, consistent, and united in our efforts to hold dear to a specific
and narrow area, so that we can more effectively preserve the elements that make VA Hill a desirable and affordable neighborhood for young professionals and families to live.
The zoning request of 1400-1424 Gregg is a threat to these efforts and we intend to challenge it with strong and persistent opposition if necessary.
Many thanks for your time,
Sara Bishop
410 West Holly Street
Fayetteville, AR 72703
(870) 654-6475
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Davis, Harry
From: KATHLEEN RIGGS <kathleen.riggs@cox.net>
Sent: Wednesday, August 22, 2018 9:01 PM
To: Davis, Harry
Subject: Gregg Street Rezoning
Why does it seem that city officials are more concerned about the people who might move to Fayetteville rather than those of us who are already here? Why
does it seem that university students take precedence over residents? The rezoning of 1400 N.Gregg Street will take another big bite out of the neighborhood
we love. And it is a neighborhood; it is not simply a collection of houses.
We know from experience that if this rezoning happens, the city will have created yet another home for university students, and not homes for families. We
love our neighborhood and its rich history. VA Hill used to be home to several university professors who raised their families here. Now we're a mixture of
university employees, teachers, retirees, young families, entrepreneurs and much more.
Please do not rezone 1400 N.Gregg Street to multi -family. Please think about those of us who have made Fayetteville our permanent home. Please respect our
neighborhood and what it means to our city. We're younger than our Wilson Park neighbors, but we've been around a long time. We want to continue to be a
place where others want to live; a place with beautiful, old trees, unique houses, and wonderful neighbors.
Thank you for your consideration!
Kathleen Riggs
1127 N. Vandeventer Ave.
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To: Planning Commission Chairman
Subject: Rezoning Property at 1400/1424 N Gregg Street
From: James W. Burgin (Trustee, George Burgin Trust)
Dear Sir/Madam,
I feel this rezoning is compatible with the neighboring property and the proposed rezoning will
not unreasonably adversely affect or conflict with surrounding land uses. I submit the following
information in support of the statement.
1400/1424 N Gregg is surrounded by property that is currently multi -family zoned or should be
because of existing structures. The property directly across Lawson, to the south, is duplex
housing. The property east is multi -family with what appears to be duplexes. The property to
the west across Gregg Street has been zoned both RMF -24 and RMF -40. The property to the
north is vacant, and belongs to Brad and Megan Griggs. I've spoken with Brad Griggs, and he
may be interested in rezoning his lots to better match the neighborhood also. Please note that
the property to the south and east remain zoned RFS -4 despite appearing to be multi -family.
There is a curb cut on Gregg for the small home at 1424 Gregg. There is also access to the
property from Lawson. Therefore, any additional curb cut on Gregg wouldn't be necessary.
At least one of the structures (the main house) needs significant renovation or destruction. The
zoning will provide the opportunity to update the property to higher quality and raise property
values.
I appreciate your consideration.
Sincerely,
James W. Burgin
Planning Commission
August 27, 2018
Agenda Item 10
18-6308 Birgin
Page 23 of 27
RZN18-6308
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Agenda Item 10
18-6308 Birgin
Page 24 of 27
RZN 18-6308 B U R G N
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Planning Ca mission
AuyMg 27. 2018
Agenda Item 10
18-6308 Birgin
Page 25 of 27
Agenda Item 10
18-6308 Birgin
Page 26 of 27
RZN18-6308
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%aU^C 27. 2018
Agenda Item 10
18-6308 Birgin
Page 27 of 27
9v
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V.A. HILL NEIGHBORHOOD MAP
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PROPOSED RE -ZONING PROPERTY, 2400 & 1424 N. GREGG STS.
V.A. HILL NEIGHBORHOOD ASSOCIATION
IS UNITED IN OPPOSITION TO RE -ZONING
RE: RE -ZONING HEARING RZN 18-6308 for 1400 and 1424 N. Gregg Sts.
TO THE ESTEEMED MEMBERS OF The City of Fayetteville City Commission & Planning
Commission: Please take note that the property owners and residents of the "V.A.
HILL NEIGHBORHOOD ASSOCIATION" are opposed to actions to RE -ZONE any portion
of our neighborhood into multi -family/ multi -occupancy housing. The undersigned
below are OPPOSED to application RZN 18-6308, to allow for multi -family occupancy
at properties on the EAST side of GREGG Street, which is within our neighborhood
association zone.
NAME SIGNATURE STREET ADDRESS
FIA,
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The V.A. Hill Neighborhood Association was formed in June of 2002, and is comprised of approximately 125
residential properties (plus the Washington Regional Support Home) in the area WEST of the Veteran's
Administration Hospital along WOOLSEY St., and EAST of GREGG STREETS, bounded by NORTH street to the
SOUTH and SYCAMORE to the NORTH. This neighborhood is zoned for single-family residential housing, and
should be preserved as such to maintain a strong neighborhood diversity within the central zone of Fayetteville.
V.A. HILL NEIGHBORHOOD ASSOCIATION
IS UNITED IN OPPOSITION TO RE -ZONING
RE: RE -ZONING HEARING RZN 18-6308 for 1400 and 1424 N. Gregg Sts.
(Petition — Continued)
WE StGNATURF, STREET ADDRESS
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V.A. HILL NEIGHBORHOOD ASSOCIATION
IS UNITED IN OPPOSITION TO RE -ZONING
RE: RE -ZONING HEARING RZN 18-6308 for 1400 and 1424 N. Gregg Sts.
(Petition — Continued)
NAME SIGNATURE STREET ADDRESS
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Rezone of 1400/1424 N
Gregg
Jim Burgin, Trustee, George Burgin Trust
Overview
• Here's what we're looking at.
• Slum Lord property in the making
• Protect Fayetteville and VA Hill Association
• Go with the experts (paraphrased from John LaTour)
• Rezone approval potential
• Final thoughts on VA Hill Association concerns
Main House Exterior1400 N. Gregg
1450 square feet, 3 bedroom/2 bath
Occupied until March 2018
Main House Interior 1400'N. Gregg
House Exterior 1424 N. Gregg
750 square feet
1 Bedroom/1 Bath
Been a rental house since 2000
House 1424 N. Gregg Interior
jr
Workshop 1400 N. Gregg Interior
Structure Serviceability—Status Quo
• Main house
• Looks reasonable from the road
• Generally a teardown or major renovation for good living space
Could receive minor upgrade and become a rental
Small house
• Generally serviceable with a little work
• Probably a one person or couple rental ($700/month)
• Workshop—Convert to a studio apartment rental
Potential Slum Lord Challenges
• "I am willing to come up to $185K.--' Potential Buyer
This individual's plan is just as described in the previous slide.
• Neighborhood Association will have:
• Two college student renters
One low income family renting
• This is the status quo.
Protect Fayetteville and VA Hill Association
• Remove an eye sore and replace it with nicer, higher tax base
• Provide nice property for rental customers
• Increase the tax base
Current taxes --$958 (130-'X 130' lot) 1400/1424 N. Gregg
• Current taxes --$2216 (130-'X 70' lot) 488 W. Lawson
Protect VA Hill from the status quo
• VA Hill families are a "world away" from 1400 N. Gregg
'ma
N
Go with the experts
• Markham Hill—Archeological and Environmental assessments
• Planning Board voted to approve 9-0 with inputs from VA Hill
• Planning Board:
"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 the location."
"The proposed zoning is compatible with the surrounding properties. RI -12 is
limited in size and density which when coupled with the location on a street corner
along Gregg Avenue, would make it compatible with nearby properties:'
"RECOMMENDATION: Planning staff recommends forwarding RZN 18-6308 to City
Council with a recommendation for approval."
71
F
VA Hill Association Concerns
• Lawson is a narrow road—I agree.
Lawson is "a single lane street—often less than 10 feet in width"—I
disagree.
• 123 of 125 owners oppose this rezone?
Non-resident owners want to make the property more valuable—yes
we d o !
Questions and Thanks
October 16, 2018
RE: Rezoning request for 1400/1402 Greg street
Dear Fayetteville City Council Members:
I am a 14-yearresident of the VAHills area of Fayetteville and spoke to the council two weeks ago in
support of maintaining the current single-family zoning of our neighborhood.
Thank you for postponing the decision on this proposed rezoning of 1400/1402 Greg Street to allow
appropriate investigation of the environment in this area. Please consider the following in determining
your vote at council meeting this evening:
1. The neighborhood does not oppose responsible rental residents who maintain the
properties and respect the long-standing neighborhood community. Up to half of our
neighbors rent their residences and also enjoy the environment of single-family homes.
2. We support "appropriate infill' in our city, but strongly maintain that adding more multiple -
resident structures on this property is not compatible with this 2030 Community Goal. A
drive down heavily -trafficked Greg demonstrates there are already numerous multi -resident
structures and many of them constantly have availability.
3. Lawson Street is not a fully functioning 2 -lane street. There are no sidewalks and
inadequate room for a bike path. The traffic there is already heavily congested and entering
or leaving Greg to or from Lawson is quite dangerous.
4. We appreciate that the current family trust representative would like to maximize profit on
selling this property, but would suggest that the representative consider a use that would
not overwhelm the neighborhood with additional traffic and change the single-family
community of the VA Hills neighborhood.
Thank you.
.�..
Mary Cay
330 West Hotly Stree
Smith, Sondra
From: Susan Drouilhet <susan.drouilhet@gmail.com>
Sent: Monday, October 15, 2018 10:42 PM
To: Smith, Sondra
Cc: Susan Drouilhet
Subject: Rezoning request on the corner of Lawson and Gregg - RZN 18-6308 (1400 N. Gregg)
Dear Ms. Smith - Could you please forward my email to all the Fayetteville City Council members - thank you.
Dear Fayetteville City Council -
I live in the VA Hill Neighborhood and this is in regards to the recent rezoning request (RZN 18-6308 (1400 N. Gregg)) on the corner of Lawson
and Gregg Streets.
I am asking that the Council reject this rezoning request on the following bases:
1. Safety. With deep ditches on both sides, a steep grade, and being less than 2 lanes wide, Lawson St. is not a fully functioning 2 -lane road.
There are no sidewalks, no place for street parking and no place to pull over safely to let pass cars going in the opposite direction. The ingress
off of Gregg St. (a fast moving 4 -lane road) is abrupt without much room for error.
2. It is not that our neighborhood is opposed to rentals - we have many rentals in the VA Hill. We can still have rentals with the current
designation as single family residences; that is what makes our area so attractive to renters looking for this type of neighborhood. Duplexes
and multi -unit apartment buildings will change the nature and desirability of our neighborhood.
3. The owners requesting the rezoning appear to be only in it for the money - they do not have a solid plan for the appropriate development of
this lot - only to get it rezoned so that they can sell it for more.
Thank you for your consideration.
Sincerely,
Susan Drouilhet
RFCFIVF-ti
o 4 6 2018
NORTHWEST ARKANSASGCI,( OF Foy a °F
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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. 6100
Was inserted in the Regular Edition on:
October 25, 2018
Publication Charges: $ 71.50
Cathy Wiles
Subscribed and sworn to before me
This lsr day of Nov , 2018.
/WCU'RI.,
t M
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance. 6100
File Number: 2018-0479
RZN 18-6308 (1400 & 1424 N GREGG
AVE/BIRGIN):
AN ORDINANCE TO REZONE TI IAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 18-6308 FOR
APPROXIMATELY 0 39 ACRES LOCATED
AT 1400 AND 1424 NORTH GREGG
AVENUE FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO
RI -12, RESIDENTIAL INTERMEDIATE, 12
UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I. That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification ofthe property shown on the map
(Exhibit A) and the legal desmiplion (Exhibit B)
both attached to the Planning Department's
Agenda Memo from RSF4, Residential Single
Family, 4 units per acre to RI -12, Residential
Intermediate, 12 units per acre.
Section 2. That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayelteville to
reflect the zoning change provided in Section I
PASSED and APPROVED on 10/16/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
74720393 Oct. 25, 2018