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Home My WebLink AboutORDINANCE 6112113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6112 File Number: 2018-0539 RZN 18-6341 (1248 S. WASHINGTON AVE./SUGARLAND PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6341 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 1248 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 11/20/2018 Page 1 Attest: 7 � ��rttttrrrrr�� ,RK Sondra E. Smith, City ClerkTreasLlro*' •CITY ••t,4+••� '�!lllrftlilt RZN18-6341 SUGARLAND PROPERTIES 1 18-6341 Close up view EXHIBIT W NS -L JI LU a z 0 F- Z 07 13TH ST W a W W J J Legend 11TH Subject Property ELLA ST Planning Area - - - Feet Fayetteville City Limits Shared Use Paved Trail 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet RSF-18 A& NORTH Zoning Acres RI -U 0.3 Total 0.3 186341 EXHIBIT 0131 LEGAL DESCRIPTION 1248 S WASHINGTON AVE THE SOUTH NINETEEN (19) FEET OF LOT TWO (2), AND ALL OF LOT THREE (3), OF BLOCK THREE (3), TOGETHER WITH THAT PORTION OF THE VACATED ALLEY BY CITY ORDINANCE 2636, BERL DODD ADDITION, FAYETTEVILLE, ARKANSAS, AS PER PLAT BOOK 4, PAGE 219, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORD, WASHINGTON COUNTY, ARKANSAS. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0539 Agenda Date: 11/20/2018 Version: 1 Status: Tabled In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 18-6341 (1248 S. WASHINGTON AVE./SUGARLAND PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6341 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 1248 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 1112012018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0539 Legistar File ID 10/16/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/28/2018 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 18-6341: Rezone (1248 S. WASHINGTON AVE./SUGARLAND PROPERTIES, 678): Submitted by MICHAEL WARD for property located at 1248 S. WASHINGTON AVE. The property is zoned NC -NEIGHBORHOOD CONSERVATION and contains approximately 0.24 acres. The request is to rezone the properties to RI -U, RESIDENTIAL INTERMEDIATE - URBAN. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title �$ - Approval Date: V20140710 CITY OF -7 FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 16, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner Andrew Garner, City Planning Director DATE: September 28, 2018 CITY COUNCIL MEMO SUBJECT: RZN 18-6341: Rezone (1248 S. WASHINGTON AVE./SUGARLAND PROPERTIES, 678): Submitted by MICHAEL WARD for property located at 1248 S. WASHINGTON AVE. The property is zoned NC -NEIGHBORHOOD CONSERVATION and contains approximately 0.24 acres. The request is to rezone the properties 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 east side of South Washington Avenue, between 12th Street to the north and 13th Street to the south. Developed in 1937 with an approximately 1,200 square foot single-family dwelling, the property includes Lot 3 and a portion of Lot 2 of the Berl Dodd Addition subdivision. In 2008, the property was rezoned to NC, Neighborhood Conservation, as a part of the Walker Park Neighborhood Plan. Request: The request is to rezone the parcel from NC, Neighborhood Conservation, to RI -U, Residential Intermediate, Urban. The applicant has not stated their development intent should the property be rezoned. Public Comment: Staff has received public comment concerning the request. Some neighbors expressed concern that development on the property will aggravate the growing traffic congestion on Washington Avenue and may result in building design that does not fit in with the neighborhood. Others have objected to the proposal, citing recent development in the neighborhood that is demolishing affordable, existing homes in favor of housing that is beyond the means of current residents. Land Use Compatibility: Land uses in immediate and general adjacency to the subject property are diverse. Although Washington Avenue is mostly single-family in character, there are examples of 2-, 3-, and 4 -family dwellings throughout this portion of Walker Park. That said, existing lot sizes Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gcv Fayetteville, AR 72701 range from approximately 60 to over 300 feet near the subject property, which is markedly larger than the 18 -foot lot widths permitted under RI -U. All told, and with due consideration for both the potential building types and forms, staff finds that the proposed rezoning is generally compatible with adjacent land uses. Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing types while conserving the existing single-family fabric where it is intact. As stated earlier in this report, the City Council has approved multiple rezonings over the last two years allowing 2-, 3-, and 4 -family dwellings in mid -block locations amidst single-family dwellings. These recent decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan policies guiding staff to recommend that the current rezoning request is in-line with land use policies of the City Council. DISCUSSION: At the September 24, 2018 Planning Commission meeting this item was forwarded with a recommendation for approval by a vote of 7-0-0. Several residents spoke in opposition to the request, most notably about the need for contextually -sensitive development and preservation of neighborhood character. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Public Comment • Planning Commission Staff Report RZN18-6341 SUGARLAND PROPERTIES I 18-6341 Close Up View Legend Planning Area Izzz Fayetteville Cit �___ Y Y Limits Shared Use Paved Trail Building Footprint Subject Property ELLA ST Feet 0 75 150 300 450 600 1 inch = 200 feet 14s(;- US EXHIBIT 'A' IM W NI Zoninq Acres R1 -U 0.3 Tota 1 0.3 18-6341 EXHIBIT 'B' LEGAL DESCRIPTION 1248 S WASHINGTON AVE THE SOUTH NINETEEN (19) FEET OF LOT TWO (2), AND ALL OF LOT THREE (3), OF BLOCK THREE (3), TOGETHER WITH THAT PORTION OF THE VACATED ALLEY BY CITY ORDINANCE 2636, BERL DODD ADDITION, FAYETTEVILLE, ARKANSAS, AS PER PLAT BOOK 4, PAGE 219, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORD, WASHINGTON COUNTY, ARKANSAS. My name is Penny Carroll I own the property directly across the street from the rezoning request. Even though Mr Ward has been involved in the revitalization of this area and has contributed some nice projects, I object to this rezoning because once granted you have no say in the final outcome. I asked Mr. Ward specifically what was planned and he wouldn't tell me. If I understand the code correctly, once rezoned, he would be allowed to build up to a three story 4-plex. Something definitely not in harmony with this part of the neighborhood. I would far prefer if you asked Mr.Ward to come back and request (whether through a variance or some other instrument) permission for a specific plan, something at least his neighbors could weigh in on. I know your task is difficult balancing housing needs with preservation of neighborhoods, but once changed it can not be reversed. I would ask that you take more time before granting this request. Let Mr.Ward come forward with his plan for this piece of property and allow the neighborhood to assess it's compatibility.Thank you. Sincerely, Penny Carroll CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: September 24, 2018 (Updated with Planning Commission Results) SUBJECT: RZN 18-6341: Rezone (1248 S. WASHINGTON AVE.1SUGARLAND PROPERTIES, 563): Submitted by MICHAEL WARD for property located at 1248 S. WASHINGTON AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.24 acres. The request is to rezone the parcel to RI -U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN 18-6341 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 18-6341 to City Council with a recommendation for approval." BACKGROUND: The subject property is located on the east side of South Washington Avenue, between 12th Street to the north and 13th Street to the south. Developed in 1937 with an approximately 1,200 square foot single-family dwelling, the property includes Lot 3 and a portion of Lot 2 of the Berl Dodd Addition subdivision. In 2008, the property was rezoned to NC, Neighborhood Conservation, as a part of the Walker Park Neighborhood Plan. Surrounding land use and zoning is depicted in Table 1. Surrounding Direction Land Use T North 4 -family Residential South Single-family Residentia West Single-family Residentia East Sinqle-family Residentia Table 1: Land Use and Zoni _ Zoning NC, Neighborhood Conservation NC, Neighborhood Conservation NC, Neighborhood Conservation NC, Neiqhborhood Conservation Request: The request is to rezone the parcel from NC, Neighborhood Conservation, to RI -U, Residential Intermediate, Urban. The applicant has not stated their development intent should the property be rezoned. Public Comment: Staff has received public comment concerning the request. Some neighbors expressed concern that development on the property will aggravate the growing traffic congestion on Washington Avenue and may result in building design that does not fit in with the Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 1 of 13 neighborhood. Others have objected to the proposal, citing recent development in the neighborhood that is demolishing affordable, existing homes in favor of housing that is beyond the means of current residents. INFRASTRUCTURE: Streets: The subject property has access to South Washington Avenue, which is designated by the Master Street Plan as a Local Street. Washington is a partially improved asphalt street with curb, gutter, and sidewalk on the west side of the street. The east side of Washington is unimproved with existing open ditches. 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 South Washington Avenue. Sewer: Sanitary Sewer is available to the site. There is an existing 8 -inch main along South Washington Avenue. Drainage: No portion of this property is identified as FEMA regulated floodplains or the Hillside -Hilltop Overlay District. There are no protected streams on this parcel nor are there any identified hydric soils. 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 property within the proposed rezone as Complete Neighborhood Plan in association with the Walker Park Neighborhood Plan. A central goal of this plan was to preserve single-family neighborhoods while encouraging additional housing types and a mixture of uses. The plan states that the neighborhood should have a balance of non-residential uses and housing for different income levels. A major emphasis of the plan is connectivity and walkability, with a connection of the street grid and improved mobility that will unify the neighborhood over time. Since 2016, the City Council has approved multiple rezonings in the Walker Park neighborhood that permit construction of 2-, 3-, and 4 -family dwellings in mid -block locations and adjacent to single-family dwellings. Staff interprets these decisions as policy direction from the Council for the Walker Park Neighborhood and has incorporated this direction into this rezoning recommendation. 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: Land uses in immediate and general adjacency to the subject property are diverse. Although Washington Avenue is mostly single-family in character, there are examples of 2-, 3-, and 4 -family dwellings throughout this portion of Walker Park. That said, existing lot sizes range G:\ETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S. Washington Ave. (Sugarland Properties) 563\03 Planning Commission\09-24-2018 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 2 of 13 2 from approximately 60 to over 300 feet near the subject property, which is markedly larger than the 18 -foot lot widths permitted under RI -U. All told, and with due consideration for both the potential building types and forms, staff finds that the proposed rezoning is generally compatible with adjacent land uses. Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing types while conserving the existing single-family fabric where it is intact. As stated earlier in this report, the City Council has approved multiple rezonings over the last two years allowing 2-, 3-, and 4 - family dwellings in mid -block locations amidst single-family dwellings. These recent decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan policies guiding staff to recommend that the current rezoning request is in-line with land use policies of the City Council. 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 letter, the requested rezoning is justified and needed at this time to increase options for the developer and increase the number of units possible for construction. This property is marginally larger than many along Washington Avenue, but its subdivision and redevelopment is not possible without an approved rezoning. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning and redevelopment of the property under RI -U, with its lack of density requirements, has the potential to increase traffic on Washington Avenue. That said, the size of the property, totaling less than a'/4 acre, will naturally restrict the number of potential dwellings, and thus the possibility of increased traffic danger and congestion. The most recent traffic data available indicates two reported accidents between 2011 and 2015. 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 from NC to RI -U will increase the potential population density, but will not undesirably increase the load on facilities and services. As noted above, this 0.24 -acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 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: It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; GAETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S. Washington Ave. (Sugarland Properties) 563\03 Planning Commission\09-24-2018 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 3 of 13 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 18-6341 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: September 24, 2018 I Motion: Brown ISecond: Winston Vote: 7-0-0 BUDGET/STAFF IMPACT: None O Tabled 0 Forwarded O Denied Attachments: • Unified Development Code: o §161.12 — District RI -U, Residential Intermediate, Urban o §161.29 — District NC, Neighborhood Conservation Request letter • One Mile Map • Close-up Map Current Land Use Map Future Land Use Map G:\ETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S Washington Ave. (Sugarland Properties) 563\03 Planning Commission\09-24-2018 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 4 of 13 161.12 - 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 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 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling F_ Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Side Side Rear Rear, from Front Other Single & Other centerline of Uses Two (2) Uses an alley Family A build -to zone that is located between the None 5 feet 5 feet 12 feet front property, line and a line 25 feet from the (F) Building Height Regulations G:\ETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S. Washington Ave. (Sugarland Properties) 563\03 Planning Commission\09-24-2018 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 5 of 13 Building height maximum 2 stories/3 stories" i " 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; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S. Washington Ave. (Sugarland Properties) 563\03 Planning Commission\09-24-2018 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 6 of 13 161.29 - 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 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Unit 9 City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Two (2) family dwellings I Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business" Unit 24 I Home occupations Unit 25 ` Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet I Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum . 4,000 square feet (E) Setback Regulations. 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 G:\ETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S. Washington Ave. (Sugarland Properties) 563\03 Planning Comm ission\09-24-2018 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 7 of 13 Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 3 stories (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. 5800 , § l(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2018\Development Review\18-6341 RZN 1248 S. Washington Ave. (Sugarland Properties) 563\03 Planning Comm issi on\09-24-201 8 Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 8 of 13 RZN 18-6341 Request Compatibility Statement Letter 1248 S Washington Ave The proposed RI -U zoning for 1248 S Washington is compatible with the Walker Park neighborhood master plan, which designates this area as a City Neighborhood Area, calling for a moderately dense residential urban fabric. The proposed RI -U zoning is consistent with City Plan 2030, clearly meeting two of the primary goals—appropriate infill and creating an opportunity for attainable housing. RI -U allows for more housing units and a range of different housing types compared to the current NC zoning, which emphasizes single-family. The flexibility that RI -U offers is crucial because it allows for a market-based approach to help meet the demand of the rapidly growing and changing neighborhood of South Fayetteville. A high demand neighborhood where land is valuable and only single-family homes are allowed will see the continuation of increasingly expensive single-family homes. Zoning that limits uses to single-family homes reinforces development patterns and pressures that exacerbate the challenges of a neighborhood experiencing significant changes. However, a neighborhood that allows a variety of housing types and densities will see that variety in buildings for rent and for sale. The proposed RI -U zoning will increase options for the developer and increase the potential number of units available for people looking for housing. In addition to being consistent with the planning goals of City Plan 2030 and the neighborhood master plan, RI -U is also compatible with the physical surroundings of the neighborhood for the following reasons: • There are nearby properties already zoned RI -U on Washington Ave and S College Ave. • RI -U is a residential use that allows single-family and/or small multi -family buildings • There are existing duplexes, triplexes, and fourplexes in the immediate vicinity: o The subject property is adjacent to a small apartment complex to the north that consists of five separate buildings with three units each. o Just beyond the small apartment buildings to the east is Morgan Manor, a public housing complex consisting of duplexes and other small multifamily properties. o And there is an existing fourplex at the corner of 13th St and Washington Ave, RI -U will not conflict with surrounding land uses for the simple fact that it is already bounded by multi- family properties. Furthermore, RI -U is a residential use that favors small residential properties, which is consistent with the neighborhood fabric. There would be no significant effect on public services. The proposed RI -U zoning is compatible with the Walker Park Neighborhood. Thank you for your consideration. Planning Commission September 24, 2018 Agenda Item 16 18-6341 Sugarland Properties Page 9 of 13 Agenda Item 16 16-6341 Sugarland Properties Page 10 of 13 RZN 18-6341 Close Up View SUGARLAND PROPERTIES 1i,1 • IS 13TH 5T W 4 W C7 W Q IME EL LA 5T Legend ' I Planning Area " - - - Feet ' Fayetteville City Limits Shared Use Paved Trail 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet 12TH PL 2TH ST 11 A& NORTH Zonin Acres RI -U 0.3 Tota 1 0.3 Planning Co mission 24. 2018 Agenda Item 16 18-6341 Sugarland Properties Page 11 of 13 Agenda Item 16 18-6341 Sugarland Properties Page 12 of 13 on 116 Agenda Item 16 18-6341 Sugarland Properties Page 13 of 13 October 15, 2018 To: City Council Members OCT 15 2018 Re: Proposed rezoning of lot at 1248 S. Washington Avenue CITY OF FATFIEcn SCE Please find attached a petition asking that you oppose this rezoning request. We understand that the second item on the petition is not something you will be acting on at this time. We have included it because having a two story overlay is our real desire for the neighborhood. We are very concerned about the situation that occurred in the Parksdale neighborhood, with a three story building going up next to a small one story home, and would very much like to avoid that from happening on S. Washington Avenue. Thank you. Respectfully submitted by Karen Bley 1 CL O N O. o Z CD❑ rh o O >, � (Q . O N CD o' (D w N 0 ❑ OD N , z //�� s0 �v D 0 CD CL O c N 0. — mr (D O to c .-. O (D "' 3 O W O Q � to N (p a `� ❑ CD O (D O cu :3 O y < ❑ (a 0 Q m In Llk 0 ON -0 N O c�D N (D 3• O CL (� 3 C- d D N IT C N n r a a 0 (93 aa 0 CD O v O 0' "' 2. ❑= O CL m to O s 0 —h v �* 3 m 1 -- o (D g SLj a V�..P 3 v r0 CD u` co 0(D qN �J) C/) O > w a O v cn =' �' CD CN D cn 'l^ VJ _ ❑ 24 (D. .�' (O r+ V Ir I 0 - N OO (]1 + D Q =. cD N CL 0 (D rh (D O Q ❑ CD CD �• Q m Zi C 5 U) °. 2) (D G CL O N O. o Z CD❑ rh o O >, � (Q . O N CD o' (D w N 0 ❑ OD N , z //�� s0 �v D 0 N O c N 0. — mr (D O to c .-. O (D "' 3 O W O Q � to N (p a `� ❑ CD O (D O cu :3 O y < ❑ (a 0 Q m In C 0 ON -0 N O c�D N (D 3• O CL (� 3 C- d D N IT C N n 0 a a 0 (93 aa 0 CD O w 0' "' 2. ❑= O CL m to O s 0 —h �* 3 m (D (D g o V�..P 3 v co 0(D C/) O > w a O v cn =' �' CD D cn 'l^ VJ _ ❑ (D. .�' (O r+ 0 - N OO (]1 + D Q =. cD N CL 0 (D rh (D O Q ❑ CD CD �• m Zi C 5 U) °. 2) (D G Cr m ❑ 0 CL (D 0 ❑ —h O OL cn`D . ' C O 7C -o 0 R X CDN O 7 7� N A C� C v N 7 (O O 7 FD T N `< (D ((D (D D L, n- -� .� �� -� CL d 1 ^ f } � d M C 1 i.. _.. a �— 5T q �s -T- w 1 N � C-5 q co -o 0 R X CDN O 7 7� N A C� C v N 7 (O O 7 FD T N `< (D ((D (D D SD zr S (D C _ Q CD co _ (D Q �c 0 rn O m CD Q U) 0 0 O Q. (D (D j* a v 0 O S (D O co (D _ Q t S 0 C: U) CD N 0 0 C 1 7 S 7 J S I 0 _ N C CD w 9 0 v x 3� c 3 Cr c n :' (O S (D. S .r O 0 m �c N O _ (`D O N N cc 0 _ D m Q m 9 m CD II1 _ Q o' D m cn m (D N O _ co N 4 co N S _ cn 0 _ D CD CD CD rn D X D n H Z r+ ,o (D _. = o o Z N (' (D �. rr a m .n 0r' f' o Q m y (D OLN (r N U ° 0 CD o v = o m m 0.... D CL �. n O 0 r+ � V o i!1 r3 m iiM o' �. N n 00 ... n o r (D (=n _: o� o (D O Z57 w _. —0 CD A (D OD Q rr • CG� � � it CD U) 0 CY CD O •� o 3 y °Q (D N ^ i. L Q .� rry. rh =m CD o Q < C cr O. 2) CD G ;0 CD (CD C o' D m cn m (D N O _ co N 4 co N S _ cn 0 _ D CD CD CD rn D X -v C o' R X m N O 7 7 (D Iv 00 cn N cD O D m w m < m D X C .A __ d a d me IAV 1 A w c � O � C7' d a J U! f -� N CD G� oQ GG Cl -v C o' R X m N O 7 7 (D Iv 00 cn N cD O D m w m < m D X A E O V m E V Against Rezoning 1248 S. Washington — RZN 18-6341 from Neighborhood Conservation (NC) to Residential Intermediate - Urban (RI -U) 1. 161.29 City Ordinance - Neighborhood Conservation (NC) — City of Fayetteville, Arkansas "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." 2. 161.12 - District RI -U, Residential Intermediate — Urban "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." 2. Out of Scale Development reduces the quality of life of existing homeowners in the neighborhood Fayetteville City Council passes Parksdale neighborhood rezoning BrrSWcr a•: . P•XwL.L:q6rr. 11, tel M 12.iC pm. uldxa. +uq:,u 4 gate at a ar am ..._ 1. -..- ... .....-...,....-.-Zabatle1J.T. WAMPLER A three-st" duplex it soon on Brooks Avenue now Walker Street in south FeyatlevAa an June 26. Rdsidmts in the Parksdete neighborhood petitioned the city to down i their properties in order to Map out of -=We development from moving in. 3. Lot by lot zoning, spot zoning, patchwork zoning: "the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners." from plannersweb.com/2013/11/understanding-spot-zoning-2/ 4. Increased housing density leads to increased water runoff from roofs and driveways which can lead to increased flooding in a neighborhood. 5. Increased housing density leads to decreased tree cover, decreased grass cover and an overall decrease in natural habitat. 6. Green fence lines that consist of mature trees and bushes are at great risk of destruction from bulldozing during construction of multiple houses on small lots. 5. Current homes surrounding 1248 S. Washington Ave., are all one-story structures. Newly built homes should be limited to two stories maximum. 7. The Walker Park Neighborhood deserves as much respect and care as the adjacent Downtown Historic District. Existing homes should be preserved and not torn down at the whim of developers. 8. Newly built homes are selling for up to $400,000, on the north end of S. Washington Avenue. This is unaffordable for most residents of the Walker Park Neighborhood. Expensive home prices will lead to an increased tax burden for existing homeowners and will lead to a forced exodus of existing homeowners as they become unable to pay their increased property taxes. 9. "A lot of times adjoining neighbors are the best judges of what is compatible." City Attorney, Kit Williams. From Area of City Could Become High Density article in the Sunday, Oct. 14, 2018, Northwest Arkansas Democrat Gazette. Lisa K. Meeks -1230 S. Washington Ave. -Fayetteville, AR 72701 CitvClerk e),-3 From: CityClerk Sent: Wednesday, November 07, 2018 12:46 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina; Henson, Pam; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Lynch, Rhonda; Mulford, Patti; Norton, Susan; Ramos, Eduardo; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Bunch, Sarah; Smith, Kyle Cc Garner, Andrew; Curth, Jonathan; michael@michaelkward.com; Stoll, Garner Subject: RE: Rezone 1248 Washington Ave - request to table the item Please see email below. Thanks, Kim Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 ci clerk fa etteville-ar. ov Website I Facebook I Twitter I Youiube t? CITY OF FAYETTEVILLE ARKANSAS From: Stoll, Garner Sent: Wednesday, November 07, 2018 10:54 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Mayor <Mayor@fayetteville-ar.gov>; Marr, Don <dmarr@fayetteville-ar.gov>; Garner, Andrew <agarner@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov>; michael@michaelkward,com Subject: FW: Rezone 1248 Washington Ave - request to table the item Can you please forward this request to table agenda item B-3 (RZN 18-63411248 S. Washington AVE/Sugarland Properties) to the City Council? Thank you, Garner Stoll Director of Development Services City of Fayetteville, AR 72701 Gstoll c0favetteville-ar.eov T 479.575.8265 From: Michael Ward [m�iltn:michael@rr� ,.:i�aelkwarc!_coni] Sent: Wednesday, November 7, 2018 8:27 AM To: Stoll, Garner <gstoll@fauetteville-ar.gav>; Curth, Jonathan <irurth fayetteville-ar.pov>; Harrison, Andy <a har rlson Pfayetteville-a r.gov> Subject: Rezone 1248 Washington Ave - request to table the item Jonathan, I am the applicant for the rezoning request for 1248 S Washington Ave, slated for the City Council's meeting tomorrow, November 8, in Unfinished Business. I need to table the item until the following meeting, which I presume will be November 20. Please confirm. Thank you very much, Michael Ward 479-790-6303 CityClerk From: CityClerk Sent: Wednesday, November 07, 2018 12:27 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina; Henson, Pam; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Lynch, Rhonda; Mulford, Patti; Norton, Susan; Ramos, Eduardo; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Bunch, Sarah; Smith, Kyle Subject: FW: City Council Meeting Agenda Please see email below. Thanks, Kim Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk0fayetteyille-ar. qov Website I Facebook I Twitter I YouTube CITY OF VA FAYETTEVILLE ARKANSAS From: Mayor Sent: Wednesday, November 07, 2018 8:08 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Marr, Don <dmarr@fayetteville-ar.gov> Subject: FW: City Council Meeting Agenda fyi From: Kathleen Conway <katwaV47@gmai1.c0m> Sent: Tuesday, November 06, 2018 11:48 PM To: Mayor <Ma or fa etteville-ar. ov>; La Tour, John <ward4 pos3.@fayetteville-ar.goy>; Marsh, Sarah <wardl pos2@fayetteviilee-ar.90v>; Kinion, Mark <ward2 nosl@fayetteville-ar:gov>; Gray, Adella <wardJ pQs1@fayetteyille-argoov>; Tennant, Justin <ward3 posl@fayetteyille-ar.go_v_>; Bunch, Sarah <ward3 ❑os2@fayetteville-ar.gov>; Smith, Kyle <ward4 post@fayetteville-argov> Subject: City Council Meeting Agenda Dear Mayor Jordan and Council Members: I have been a resident of the Walker Park neighborhood for 40 years. I am opposed to the rezoning variance being requested at 1248 South Washington Avenue which is on the agenda for the Thursday, November 8th City Council meeting. I ask that the Council deny this request because it does not comply with the standards set in the Walker Park Neighborhood Master Plan. Instead I hope the Council will utilize this plan as the standard for all present and future zoning in the area. In regard to multi family dwellings the Plan states that "duplexes, triplexes and row houses should be built in strategic areas such as neighborhood commercial areas or major thoroughfares." A narrow, single family home residential street like South Washington is not suitable for a multiplex. Please preserve established single family neighborhoods as stated in the Plan. Let's carry forth the long term plan for Walker Park Neighborhood as outlined in this document. Sincerely, Kathleen Conway 1007 Morningside Drive Fayetteville, Arkansas 72701 CityClerk From: Raymond Burks <raymond.burks@gmail.com> Sent: Monday, November 19, 2018 4:24 PM To: CityClerk; Mayor; Kinion, Mark; Petty, Matthew Subject: Public Statement Regarding Rezoning of 1248 S. Washington Categories: Forwarded I would like to have the following statement submitted to public record as I will not be able to attend due to my work schedule: "Good Evening. I've drafted this statement in solidarity with my friend, Lisa Meeks, and others in her neighborhood regarding the rezoning of 1248 S. Washington. The neighborhood and the town that many of us are proud to call home is being ripped apart right before our eyes. Our views of rolling hills, changing fall leaves, and gorgeous skies are now being replaced with eyesores like expensive privatized student dormitories and packed multifamily homes to keep up with a demand for education and jobs that we're not even certain will exist. What is happening throughout Fayetteville is that our city government refuses to listen to our concerns. We woke up and we saw our quiet neighborhoods, our affordable apartments, and our historic landmarks replaced with City Government approved gentrification. Infill is not the best solution for every empty plot of land in residential Fayetteville. Our longtime residents deserve to live without the increased crime, infrastructure problems, and the traffic nightmares these structures will cause. I want our city officials to remember why they were elected to office: to serve the best interests of those who elected you. Keep our neighborhoods and our green spaces from being rezoned to appease greedy developers who don't care anything about Fayetteville and will move to the next progressive hotspot once they're done destroying and commercializing everything we care about. As a conservative, I believe in conserving our way of life, our standard of living, and our local environment. The small houses and the big trees. The sense of community. The diversity of people and opinions. We need a friendly city we can be proud to raise our families in, retire in, and live in peace. I'm not anti -transplant. I'm not anti -development. I'm pro - Fayetteville. I am begging you, do not rezone 1248 S. Washington for more of the city's infill agenda. This is not the future of Fayetteville. -Raymond Burks" T vi 4J fC m N Q � 00 L 0�, 0 ^ J 3 O d Y fII a v1 Y O T s' Q� ON C) oa o•� + L N O 4- L •: L j� -0 Q E Y w N k Q ° z vi ■ ;: -144 .�� oaf. ., o z �•'- .; ■00 CL . • L . IL 17 Wki .14 H 4J fC m N Q � L 0�, 0 ^ J 3 a� d Y fII a v1 Y i • T s' Q� ON C) O 4-J I E Q i i• O U •: Q -0 r-1 •. NI k i 0?: In 7!tF -�.. t �5i O C: }, ■ ;: -144 .�� oaf. ., o z �•'- .; ■00 CL . • L . 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GJ X i L •� s� o s s 3 s s a o = H 0 RECEIVED DEC 11, 20% CITY OF CLERKS Q FAYETTEVILLE iNoRTHWEST AmAws Democrat-6kv azette D. BOX 1E07, Ft Y'F Tc,IL E, AR,'2iG2 + 479-442-1,700 +FAX: 7s 695 flit + r'r'W41!.ti't'Af M v.0 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 6112 Was inserted in the Regular Edition on: November 29, 2018 Publication Charges`:$ 7020 C / Cathy Wiles Subscribed and sworn to before me This S+,, day of (pec. , 2018. Notary Public My Commission Expires: 146-7,5 **NOTE** Please do not pay from Affidavit. Invoice will be sent. ° N rn q 9Z �:cn :� <r °DQOB°°°°d°°°° ANN Ordinance: 6112 File Numbcr: 2013-0539 RZN 13-6341 (1243 S. WASHINGTON AVE./SUGARLAND PROPERTIES): AN ORDINANCE= TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-6341 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 1243 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 I: Thal 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 1 1/20/2013 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74760259 Nov. 29, 2013