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Home My WebLink AboutOrdinance 6333(/ '��-' �/IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 Doc ID: 019351580003 Type: REL Kind: ORDINANCE \ � Recorded: 08/03/2020 at 01:21:40 Pr .Fee Amt: $25.00 Paqe 1 of 3 Washinqton CountV. AR 113 West Mountain Street Kyle Sylvester Circuit Clerk Fay( 79)ile, AR 575 323701 File 2020-00026456 Ordinance: 6333 File Number: 2020-0451 RZN 20-7089 (1139, 1213, 1237, 1251, & 1283 W. HENDRIX ST./MARKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7089 FOR APPROXIMATELY 2.00 ACRES LOCATED AT 1139, 1213, 1237, 1251 AND 1283 WEST HENDRIX STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 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 RSF4, Residential Single Family, 4 Units Per Acre to RSF-18, Residential Single Family, 18 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 7/21/2020 Page 1 Attest: F ��.�y •. 6\1 Y pF9`rG'1 1/1"/ & ' V FAYETTEVILLE W r • • Kara Paxton City Clerk Treasurer'. , syy'tNS S P•• Printed on NiLW 4 lol l l l► `' `` RZN20-7089 MARKS EXHBIT 'A' Close Up View 20.7089 Z O 0w Z Q 0 a MAXWELL-DR RSF-8 Subject Property NGlunoJv cr I CARTER ST RSF-4 RMF-24 C•�� Legend Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 75 150 300 450 Building Footprint 1 inch = 200 feet RI-12 M C 1 R-O HICKORY ST 1 'MALIBU S 0 7< A& NORTH Zoning Acres RI-U 2.7 Total 2.7 20-7089 EXHIBIT 'B' 1139 W. Hendrix St. One hundred forty-seven (147) feet of equal and uniform width off the west end of Lot Numbered Four (4) and one hundred fifty (150) feet of equal and uniform width off the West end of Lot Numbered Three (3), all in Block Four (4) in Hendrix Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on the in the office of the Circuit Clerk of Washington County, Arkansas. 1213 W. Hendrix St. Lot Numbered Five (5), in Block Four (4) in Hendrix Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk of Washington County, Arkansas 1237 W. Hendrix St. Part of the S %: of the NE'/< of the NE % of Section 8, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 525 feet West and 250 feet South of the NE Corner of said 20 acre tract for a point of Beginning: thence South 210 feet; thence West 105 feet; thence running North 210 feet; thence running East 105 feet to the Place of Beginning, same being Lot 6 in Block 4 of Hendrix Addition, to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex - Off icio Recorder of Washington County, Arkansas. 1251 W. Hendrix St. Lot Seven (7), Block Four(4), Hendrix Addition to the city of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas 1283 W. Hendrix St. Lot Number Eight (8) in Block Number Four (4) in Hendrix Addition to the city of Fayetteville, Arkansas more particularly described as follows: Beginning at a point which is 250 feet south and 735 feet west of the northeast corner of the south half of the northeast quarter of the northeast quarter of section 8, Township 16 north, Range 30 west; thence running south 210 feet; thence west 105 feet thence north 210 feet; thence east 105 feet to the point of beginning. Washington County. AR 1 certify this instrument was filed on 08/03/2020 01.21:40 PM and recorded in Real Estate File Number 2020-00026456 Kyle Sylvester - Circuit Clerk by=" Crafton Tull ® architecture I engineering I surveying June 15, 2020 City of Fayetteville Planning Division 125 W Mountain Street Fayetteville, Arkansas 72701 Re: Underwood Development PZD (CPZD 20-7093) CTA Job No. 19111600 Mr. Curth, 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 2020-7093 craftontull.com EXHIBIT'C' Attached you will find a revised copy of the above referenced planned zoning district (PZD) booklet. Changes were made based on the conditions of approval from staff as well as the additional conditions approval from Planning Commission. Listed below are each of the conditions and the reasons why we either did or did not change the booklet. Condition 1: §167.04, Tree Preservation and Protection During Development, requires a 25% minimum canopy preservation for Planned Zoning Districts, unless the applicant has been approved for on -site mitigation or off -site alternatives. At this point, alternatives to on -site preservation have not been approved and the proposed percent minimum canopy should be revised to 25% • No changes have been made to the booklet related to this condition. Our original plans were to rezone the individual areas of the site. After meeting with City staff it was recommended that we bring it through as a PZD in lieu of a standard rezoning package. Each of the planning areas mimic a particular zoning district (R-O, NS-G, P-1, RMF). The only changes to the planning area regulations have been at the request of staff. Each of the canopy percentages shown still reflect our original intent and none our less than what is required (20%) currently. For this reason, we would prefer for this to remain unchanged. Condition 2: Staff recommends revision of the proposed variable density allowance in Planning Area 1 to a consistent 24 units per acre • No changes have been made to the booklet related to this condition. This was added at the request of one of the leaders from an adjacent neighborhood. For this reason, we would prefer for this to remain unchanged. Condition 3: Staff recommends relocation of Unit 16, Shopping Goods, from Permitted Uses to Conditional Uses in Planning Area 2. The allowance for nonresidential buildings of unlimited size represents the potential for impacts leading to incompatibility with surrounding land uses, and is more appropriately subject to heightened conditional use review. • Noted. The booklet has been changed to reflect this condition of approval. Crafton Tull ® architecture I engineering I surveying 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com Condition 4: Staff recommends removal of language in Section 1 L noting that "Improvements and/or associated fees for the upgrade of Deane Solomon Road shall not be assessed as a result of the development of Planning Area 4." All final street improvements will be determined by the Planning Commission at the time of development review. At that time, staff will have the necessary information, including but not limited to traffic studies, street layouts, proposed uses, and number of residential units, to comprehensively recommend improvements necessary for vehicular and pedestrian safety, and preservation of levels of service. Waiver of street improvements is not typical to zoning entitlement and an applicant may pursue other avenues to reduce expenses, including a cost -share or similar mechanism that may be considered by City Council. • No changes have been made to the booklet related to this condition. Due to the large value of the land being donated along with this PZD, we feel that our client should not have bear the cost of road improvements along Planning Area 4. This is only around 650 feet out of the total 2200 feet of developable frontage. If this plan is approved, all development within the other planning areas will be assessed during development review. This was something that the City has been aware of since discussions of this development began. For these reasons, we would prefer this language to remain in the booklet. Condition 5 (Planning Commission): As understood, the minimum buildable frontage along the park shall be 50%. Minimum buildable frontage requirements for Planning Area 1, 2 and 4 have been revised to reflect this requirement for commercial and multi -family uses. Planning Area 3 is shown as 50% of the lot width but use type is not distinguished because none of the uses listed above are permitted within this area. A note was also added that states that ROW and Parkland are both considered frontage. Condition 6 (Planning Commission): As understood, all planning areas shall have build -to - zones in lieu of standard building setbacks. • Building setback requirements have been updated so that all planning areas reflect a front build -to -zone of 0-25. A note has also been added that states, "when property has a common boundary with both parkland and public right of way, the build -to -zone applies to either." Should you have any additional questions, please feel free to contact us. Thank you, Joseph Fifer, PE BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") U545 1.1 37 I;t'b_ 1)39 W&,&yArx , hereby voluntarily offers this Bill of Assurance and onti:K into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. I. The use of Petitioner's property shall he limited to R615t0/trTsilL X" 2. Other restrictions including number and type of structures upon the property are limited to ex - // za—E Specific activities will not be allowed upon petitioner's property include Wstc A4e r /�Ady, !jr7QEET SSD F �.OntkS.vG 4. (Any other terms or conditions) Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 16 of 27 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WH��jjREOF and in agreement with all the terms and conditions stated above, 1, firoge►, 1d4RA�cS as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. :,-to Date A0 ! X 533 Address �l 00' 1JirDr� NiLd 7170 2- AZOA9'w AR k5 Printed Name za &4 — Signature .NOTARY"OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } ' Zo RLI� And now on this the y 'Qday of _r - / 20W, appeared before me, X1el4AW L. L. a Notary Public, and afte placed upon his/her oath swore or affirmed that heishe agreed with the terns of the above Bill of Assurance and signed his/her name above. - /f� oz-4--O/ NOTARY PUBLIC My Commission Expires: RKNARDLMLLER MY COMMISSION 812=441 r . EXPIRES. Aly"2g21 VPaMglon CourVy Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 17 of 27 .� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 i` Text File - File Number: 2020-0451 Agenda Date: 7/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 3 RZN 20-7089 (1139, 1213, 1237, 1251, & 1283 W. HENDRIX ST./MARKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7089 FOR APPROXIMATELY 2.00 ACRES LOCATED AT 1139, 1213, 1237, 1251 AND 1283 WEST HENDRIX STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 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 RSF-18, Residential Single Family, 18 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 712212020 • Near Paved Trail (Razorback Greenway) • Near Water Main (W. Hendrix Street) • 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland) Note: In December 2019, a deal to split ownership of Lewis Park between the City and Fayetteville Public School District was reached. Although County records indicate University of Arkansas ownership, this will be partially transferred with the property's score revising upward to 8. DISCUSSION: On May 26, 2020, the Planning Commission forwarded the rezoning request along with the Bill of Assurance to the City Council with a recommendation of approval by a vote of 5-3-0. Commissioners Garlock, Paxton, and Winston were the dissenting votes, citing the single-family nature of the neighborhood, and lack of appropriate pedestrian infrastructure in place to support this level of upzone. Commissioners in favor appreciated RI-U's ability to create missing middle housing and the site's location with relation to a Tier Two Center as identified by City Plan 2040's Growth Concept Map. Additional discussion was made for a preference of a more context -aware approach on a site of this size by introducing a variety of zoning districts. Ample public comment in opposition was made prior to the meeting in phone call discussions with staff and through email. Staff also received one public comment in support of the rezone prior to the meeting. No public comment was made at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7089 MARKS Close Up View _Z!> Q � HICKORY ST Q MAXWELL-DR w R' z Q J Q.' Q z O kr_8 H Subject Property j C7 w RI-iz DJQ O MALIBU S O Q HENDRIX ST—; 1 � 7 �< v w > Proposed Q RW z O ~ C9 S z �LAWSON o o w Ns-i. Q CARTER ST > Q RS F -4 O z g �Q ` ovN L .. . _. ....._, r KNIT-za? O R-O (' NORTH Zoning Acres Legend RI-U 2.7 Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Total 2.7 20-7089 EXHIBIT 'B' 1139 W. Hendrix St. One hundred forty-seven (147) feet of equal and uniform width off the west end of Lot Numbered Four (4) and one hundred fifty (150) feet of equal and uniform width off the West end of Lot Numbered Three (3), all in Block Four (4) in Hendrix Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on the in the office of the Circuit Clerk of Washington County, Arkansas. 1213 W. Hendrix St. Lot Numbered Five (5), in Block Four (4) in Hendrix Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk of Washington County, Arkansas 1237 W. Hendrix St. Part of the S % of the NE % of the NE % of Section 8, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 525 feet West and 250 feet South of the NE Corner of said 20 acre tract for a point of Beginning: thence South 210 feet; thence West 105 feet; thence running North 210 feet; thence running East 105 feet to the Place of Beginning, same being Lot 6 in Block 4 of Hendrix Addition, to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex - Off icio Recorder of Washington County, Arkansas. 1251 W. Hendrix St. Lot Seven (7), Block Four(4), Hendrix Addition to the city of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas 1283 W. Hendrix St. Lot Number Eight (8) in Block Number Four (4) in Hendrix Addition to the city of Fayetteville, Arkansas more particularly described as follows: Beginning at a point which is 250 feet south and 735 feet west of the northeast corner of the south half of the northeast quarter of the northeast quarter of section 8, Township 16 north, Range 30 west; thence running south 210 feet; thence west 105 feet thence north 210 feet; thence east 105 feet to the point of beginning. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") 1185 11S). f�-_ 19.r 11� 9 :M pAxA , hereby voluntarily offers this Bill of ssurance anenters into t is binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying Injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to keSir OirfsAt S i%k esAmJrT _ 2. Other restrictions including number and type of structures upon the property arc limited to /QT -y Zo,- e- Specific activities will not be allowed upon petitioner's property include Wstc A/e T A-d", SrrQEET B0-04: AWksvG. 4. (Any other terms or conditions) Planning Commission May 26. 2020 Agenda Item 14 20-7089 Marks Page 16 of 27 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WH�� EOF and in agreement with all the terms and conditions stated above, 1, -rpREw A/ mks , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. 5 A Alo10 Date PO &-r 533_ Address F_ n��ostLF ,�Q r� 70 2- L 5*tw RKS Printed Name Signature NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And now on this the 4 day of / " !�' 20ot, appeared before me, /Q�el�.r�! a Notary Public, and after eing placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARN' PUBLIC My Commission Expires: RICHARD L MUER My COMItS5t0N Itt23B2441 EXPIRES: J* 3, 2021 Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 17 of 27 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner MEETING DATE: May 26, 2020 Forwarded to City Council by Planning Commission at 5/26/2020 meeting SUBJECT: RZN 20-7089: Rezone (1139, 1213, 1237, 1251, & 1283 W. HENDRIX ST./MARKS, 404): Submitted by ANDREW MARKS for properties located at 1139, 1213, 11237, 1251, & 1283 W. HENDRIX ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains 5 parcels with approximately 2.00 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends denial of RZN 20-7089. RECOMMENDED MOTION: "I move to deny RZN 20-7089." BACKGROUND: The subject property is comprised of five lots on the south side of W. Hendrix Street, located between N. Addington Avenue and N. Garland Avenue which are all part of the Hendrix Addition, and are currently zoned RSF-4, Residential Single Family, 4 Units Per Acre. The properties consist of small one-story, residential single-family homes from the mid-201h century. W. Hendrix Street is a primarily single-family neighborhood with two pockets of multi -family between N. Garland Avenue and Addington Ave. Another rezone request is also up for consideration directly across the street on the north side of W. Hendrix Street, a request to rezone from RSF-8, Residential Single Family, 4 Units Per Acre, to RI-U, Residential Intermediate - Urban. The street has a complicated zoning history, and the multi -family dwellings at N. Garland Avenue and at N. Addington Avenue came to fruition following a clerical error during the city-wide rezone in the early 2000s. Accordingly, City Council has been sensitive to requests on Hendrix Street, with a 2019 rezoning proposal on the property at 1278 W. Hendrix Street, due north, having been amended to the current RSF-8 prior to approval. A recent request to rezone a property to the west, on the south side of Hendrix Street to RI-U was approved by the City Council on May 19, 2020. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning North Mixed -Density Residential RI-12, Residential Intermediate, Twelve Units Per Acre; RSF-8, Residential Single -Family, Eight Units Per Acre; RSF-4, Residential Single -Family, Four Units Per Acre South Single -Family Residential RSF-4, Residential Single Family, Four Units Per Acre East Single- amilResidential RSF-4, Residential Single Family, Four Units Per Acre West Single -Family Residential RSF-4, Residential Single Family, Four Units Per Acre Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 1 of 27 Request: The request is to rezone the five properties from RSF-4, Residential Single Family, Four Units Per Acre, to RI-U, Residential Intermediate, Urban. The request includes a signed Bill of Assurance from the property owner that indicates the applicant's request to build residential single family dwellings, with a condition that no street side parking would be allowed. Public Comment: Staff has received public comment on this request, by both email and phone. One neighbor was in support of the rezone, citing the property owner's ability to upkeep and maintain properties. One neighbor cites a concern for the low-lying nature of the street and that an increase in density will promote more stormwater runoff, create crowded living conditions, and change the character of the neighborhood. The neighbor also expressed concern with an increase in density given the current health crisis. Another neighbor expressed concern that an increase in density and infill will negatively affect the quality of life for existing residents on the street. Email comments are attached to this report. INFRASTRUCTURE: Streets: The subject area has frontage to W. Hendrix Street and N. Addington Avenue. W. Hendrix Street is a partially improved Residential Link with asphalt paving and open ditches along the subject area's frontage. N. Addington Avenue is a partially improved Residential Link with asphalt paving and ditches along the subject area's frontage. Any street improvements or requirements for drainage would be determined at the time of development proposal. Water: Public water is available to the subject parcels. An existing 6-inch watermain is present along W. Hendrix Street and N. Addington Avenue that can serve the subject area. Sewer: Sanitary Sewer is available to the subject parcels. An existing 6-inch sanitary sewer main is present along W. Hendrix Street that can serve the subject area. Existing 6-inch and 8-inch sanitary sewer mains are also present along N. Addington Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be present within the entire subject area. No portion of the property is within the Hillside -Hilltop Overlay District, FEMA floodplain, nor is there a protected stream present in the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 2, located at 708 N. Garland, protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 2 of 27 CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for the subject property, with a weighted score of 8.5. The following elements of the matrix contribute to the score: • Near Grocery Store (Harp's at Garland Avenue) • Near Public School (Asbell Elementary School) • Near Razorback Bus Stop (N Garland Avenue, Route 21; Mt. Comfort Road, Route 33) • Near Sewer Main (W. Hendrix Street) • Near Paved Trail (Razorback Greenway) • Near Water Main (W. Hendrix Street) • 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland) Note: In December 2019, a deal to split ownership of Lewis Park between the City and Fayetteville Public School District was reached. Although County records indicate University of Arkansas ownership, this will be partially transferred with the property's score revising upward to 8 (9.5 weighted). FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding neighborhood of the property in question is comprised mostly of low -density single-family dwellings. There is some existing diversity in housing type on the street, especially on the northern side of W. Hendrix Street, with multi -family to the immediate west and multi -family to the east at the corner of W. Hendrix Street and N. Garland Avenue; however, staff is aware of the clerical error from the early 2000s that brought these dwellings into existence. The five properties in question make up most of the block between N. Addington Avenue and N. Garland Avenue, and a rezone request for this much acreage in this neighborhood will set the neighborhood on a new course for the built form. RI-U and RSF-4 do differ in that RI-U does not cap density and allows for more uses by -right than RSF-4. These uses would promote a significant density increase in the neighborhood, which staff suggests the neighborhood and surrounding land uses may not ready to absorb. The G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 3 of 27 applicant has provided a Bill of Assurance indicating a desire to only develop single-family dwellings, but staff suggests this may not be the best option to meet this desired outcome of increased density. A consideration of an RSF-8 zoning district may be more compatible with the neighborhood, its surrounding land uses, the desire for more infill and density, and the applicant's request, alternatively, a higher density request of RSF-18 may also be a more suitable zoning request. Land Use Plan Analysis: Regardless of the concern for abrupt change that a rezone of this nature would place on the neighborhood, staff does believe an increase in density is appropriate and compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. RI-U just might not be the most suitable or compatible way to get there in this neighborhood, and staff encourages the applicant to consider an RSF-8 zoning district instead. From an objective perspective, an RI-U zoning district could see this portion of the street go from 5 homes currently to maybe 25 homes (with an estimated frontage of 30'). With the provided street frontage at a zoning of RSF-8, the site could see an increase from 5-6 homes to possibly 15 homes on this site, which might be a density increase that the neighborhood could more easily absorb. The infill score of 7 for this neighborhood also implies that it could be served by a soft increase of density, which would meet the needs and goals for infill, while keeping in line with the surrounding neighborhood. Considering another alternative of RSF-18, the applicant would still have the ability to build almost 25 homes on the site given 30' lot width, could take advantage of a build -to -zone similar to RI-U, and would be subject to by -right limitations of RSF-18 which would not require the use of a Bill of Assurance. The density cap of 18 units per acre will also provide a sense of predictability for the surrounding neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff does not generally find the request to be justified. Based on the request letter, the requested rezoning is not necessarily needed or justified for the proposed use. RSF-4 allows the development of single-family homes, and the site is underdeveloped given current by -right allowances. However, the applicant has indicated that the lots are oversized and wishes to develop more single-family homes than is currently permitted. The applicant should speak to why the requested zoning district is necessary, and not a more compatible zoning district such as RSF-8, or even RSF-18, since the applicant has also submitted a Bill of Assurance indicating an intent to only develop single-family homes. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-U does have the ability to increase traffic on the street, especially given the scale of the request. The neighborhood does have two major points of entry, one from N. Garland Avenue and the other to W. Mount Comfort via N. Addington Avenue, or via N. Stephens Avenue. The G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 4 of 27 property is also within close walking distance to active bus routes along N. Garland Avenue, so alternative forms of transportation are available to surrounding services. Any proposed development would have to adhere to City parking minimums for residential construction, and any necessary street improvements would be required at time of development. 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 RSF-4 to RI-U does have the potential to alter the population density, especially given the consideration for the lack of density maximum associated with an RI-U zoning. However, access to schools, water, and sewer facilities do not lead staff to believe that this would place and undue burden on those public services. 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: Staff believes the current zoning district of RSF-8, or an alternative of RSF- 18 may be more compatible with adjacent land uses and neighborhood form. RECOMMENDATION: Planning staff recommends denial of RZN 20-7089. PLANNING COMMISSION ACTION: Required YES Date: May 26, 2020 O Tabled i4 Forwarded O Denied (Motion: Brown, motion to forward to City Council with recommendation of approval Second: Belden FOR: Johnson, Hoffman, Belden, Brown, Sharp AGAINST: Garlock, Winston, Paxton Vote: 5-3-0 ABSENT: Canada BUDGET/STAFF IMPACT: None G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 5 of 27 Attachments: • Unified Development Code: o §161.07 - District RSF-4, Residential Single -Family - 4 Units Per Acre o §161.09 - District RSF-8, Residential Single -Family — 8 Units Per Acre o §161.10 -District RSF-18, Residential Single -Family— 18 Units Per Acre o §161.12 - District RI-U, Residential Intermediate - Urban • Applicant request letter • Singed Bill of Assurance • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 6 of 27 161.07 - 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. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. City-wide uses by conditional use Unit 2 permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Uni Unit Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 7 of 27 Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) 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. Accessory ground mounted solar energy systems shall not be considered buildings. (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, Ord. No. 6245 , §2, 10-15-19) G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 8 of 27 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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 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 Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) 25 attached feet G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 9 of 27 (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two 2,500 square (2) attached feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; 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; Ord. No. 6245 , §2, 10-15-19) GAETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 10 of 27 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (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 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. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet G:\ETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 11 of 27 (E) Setback Requirements Front Side Side -Zero Lot Line* Rear A build -to zone that is A setback of less than five feet located between the front (zero lot line) is permitted on one property line and a line 5 feet on both sides interior side, provided a ** 5 feet 25 ft. from the front maintenance agreement is filed**. property line. The remaining side setback(s) shall be 10 feet. * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. (Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824 , §2, 11-17-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) GAETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 12 of 27 161.12 - 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 Limited business 12a Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None GAETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26. 2020 Agenda Item 14 20-7089 Marks Page 13 of 27 (E) Setback Requirements. Front Side Other Side Single & Uses Two (2) Family A build -to zone that is located between the front property, None 5 feet line and a line 25 feet from the front property line (F) Building Height Regulations. Building height maximum 2 stories/3 stories" Rear Other Uses 5 feet Rear, from centerline of an alley 12 feet 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. Accessory ground mounted solar energy systems shall not be considered buildings. (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; Ord. No. 6245 , §2, 10-15- 19) GAETC\Development Services Review\2020\Development Services\20-7089 RZN 1283-1139 W. Hendrix St. (Marks) 404\03 PC Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 14 of 27 Compatibility Statement The attached request for rezoning will insure the increased density of oversized residential lots while keeping the single family residential integrity of the existing neighborhood. Andrew Marks 479-871-0099 Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 15 of 27 IS ALTER REAL ESTATE 6 DEVELOPMENT May 13, 2020 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville, AR 72701 RE: Rezoning at 1237/1283/1251/1139/1213 W Hendrix Street Planning Commission: This letter is in regard to the rezoning of multiple properties on W Hendrix Street from RSF4 to RI-U proposed by Andrew Marks. I have received the notification of the public hearing to rezone, as I own multiple properties near W Hendrix Street. I am in agreeance with the rezoning and I think it would be beneficial for the neighborhood. I personally know Andrew Marks as a former neighbor, and I have seen how well he upkeeps his properties. I have no doubt he will do a great job maintaining the properties on W Hendrix Street. If you have any questions, please give me a call BTB:bmb Sincerely, Bart T. Bauer Bart T. Bauer • 3804 Copper Ridge Road • Little Flock, AR 72756 * 479.283.0153 • bart.bauer@sbcglobal.net Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 18 of 27 Masters, Jessica From: Carmen Osburn <car_osburn2013@yahoo.com> Sent: Friday, May 8, 2020 5:42 PM To: Masters, Jessica Subject: Rezonings on W.Hendrix-Fugitt and Marks. CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. oppose changing the current zoning of all properties on W. Hendrix. Increasing the density is not compatible with current single family housing. Overfill in a low area will cause increased runoff: afford crowded living conditions, and change the character of the neighborhood. Having extra greenspace on a lot promotes water absorption and aids in control of erosion. adds to the enjoyment of the property, and adds to people's physical and mental health. Larger lots allow for addition of more trees to provide oxygen and remove Cot for the good of ALL. One RSF-8 was allowed on this street due to a clerical error and seems to be creating a domino effect of unwanted housing. I do not support the City's long term plans for dense housing in this area. Who do you serve --the developers who are only interested in capital gains or the taxpayers whose lives are effected by your decisions to change their environment ? Many property owners were here first. We don't deserve to be pushed aside as insignificant so you can achieve your dense housing! The results of crowded living conditions should be evident by the current world situation. M.C.Osburn Planning Commission May 26. 2020 Agenda Item 14 20-7089 Marks Page 19 of 27 Masters, Jessica From: Masters, Jessica Sent: Tuesday, May 19, 2020 8:22 AM To: Terri Phelan Subject: RE: the consequences of your decisions - reality Terri, Yes, I did receive this email thread and it will be included as a public comment item in my staff report for these rezones. Please let me know if you have any additional questions. Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479)575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANS ARKANSAS From: Terri Phelan <tlp02@uark.edu> Sent: Monday, May 18, 2020 5:11 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: FW: the consequences of your decisions - reality CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jessica.... thanks again for the conversation this afternoon. btw....did you ever receive my email thread below? I'd like to know. -- Terri L. Phelan email: TLP02@uark.edu Spay/neuter your pets and do not let them roam. From: Terri Phelan Sent: Tuesday, May 05, 2020 5:02 PM To: Stoll, Garner <gss_t_o_II@favetteville-ar.gov> Cc: Kinion, Mark <ward2 posl@favetteville-ar.gov>; Teresa Turk <teresa turk@hotmail.cci Mayor <Mayor@favetteville-ar.gov> Subject: FW: the consequences of your decisions - reality Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 20 of 27 Garner Stoll ..... I meant to include you but forgot to add your email. Please forward this to each and every city planner in your department. -- Terri L. Phelan email: TLP02@uark.edu Spay/neuter your pets and do not let them roam. From: Terri Phelan Sent: Tuesday, May OS, 2020 4:59 PM To: 'Mayor' <Mayor@fayetteville-ar.gov>; 'ward1_posl@fayetteville-ar.gov' <wardl posl@favetteville-ar.gov>; wward l_pos2@fayetteville-ar.gov'<ward1 pos2@favetteville-ar.gov>;'ward2_posl@fayetteville-ar.gov' <ward2 posl@favetteville-ar.gov>;'citycouncil@matthewpetty.org'<c_i_tycouncil@matthewpetty.org>; 'ward3_posl@fayetteville-ar.gov' <ward3 posl@favetteville-ar.gov>; 'ward3_pos2@fayetteville-ar.gov' <ward3 pos2@favettevil1e-ar.gov>; 'ward4_posl@fayetteville-ar.gov' <ward4 posl@favetteville-ar.gov>; Iward4_pos2@fayetteville-ar.gov' <ward4 pos21Pfavetteville-ar.gov> Cc: Zola Moon (zmoon@cox.net) <zmoon@cox.net>; Joyce Richards (ioyari4372(@outlook.com) <joyari4372@outlook.com> Subject: the consequences of your decisions - reality Mayor. City Council members, and planning staff, Please read the letter below -- it describes the very real impacts that your decisions about infill and rezoning have on residents in existing RSF-4 neighborhoods. The concerns in the letter are just as valid and current as they were in 2008. • The decisions you make are NOT just a sterile exercise in numbers -- they impact RSF-4 residents in their daily life. • Infill to accommodate statistical models of future population subordinates **existing** residents. c Where is the concern about the quality of life of **existing** residents in RSF-4 neighborhoods because of infill? o Where is the concern about the impact rezoning/infill has on **our** investments in the neighborhood? A house is typically the single largest investment that regular people make, and your decisions about infill impact that real value as well as the intrinsic value of the quality of life. I agree that infill has its place -- but it seems that the concept of infill is the blindly served to the exclusion of the wants/needs of the neighborhood. Some of you will not care about this. Some of you would rather serve population models. Since the letter below was originally sent to Council members, I believe that makes it a public document, and so I do not hesitate to re -send it in the hopes that it causes some of you to reconsider your priorities in every future vote. -- Terri L. Phelan Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 21 of 27 Hendrix -Maxwell -Stephens Neighborhood Assn. email: TLP02@uark.edu Spay/neuter your pets and do not let there roam. From: Joyce Richards[mailto:ioycerichards@hotmail.com] Sent: Wednesday, April 02, 2008 10:22 AM To: Ifisher <Ifisher@uark.edu>; phelan <t1p02@uark.edu>; tlphelan <tlphelan@arkansasusa.com> Subject: FW: Hendrix rezoning Date: Tue, 1 Apr 2008 19:49:24 -0600 From: purlow7C�gmail.com To: ward2 pos2Caci.fayetteville.ar.us; ward2 posl(d)ci.fayetteville.ar.us Subject: Hendrix rezoning CC: joycerichardsCahotmail.com Hello, I live on S. Maxwell, and my property backs up to the duplexes on the corner of Hendrix. I was informed of the neighborhood meeting about the Hendrix rezoning request on April 2, but am unable to attend due to a conflict at church. I do however want to offer some information that may be useful to you in your discussions about this issue. I have lived on S. Maxwell for nearly 3 years now, and have endured countless noise and nuisance issues from the aforementioned duplexes since I moved here. My observations lead me to the conclusion that most of the tenants there are around college student age. The noise issues are constant during nice weather, with multiple units having outdoor parties regularly, many times during the week and always well past midnight. There are also frequent nights of noise when the residents return from the bars in the middle of the night. My school -age child and I have lost much sleep over their noise. I have attempted to nicely ask them to keep the noise down, and was rewarded by obscenities and added noise, as well as beer bottles being thrown into my yard, some at my dog. I was actually forced to find another home for my dog, as the police were unable or unwilling to help me resolve this issue. I regularly pick up and discard bottles and other trash that has been thrown over my fence. I have called and reported the disturbances to the police numerous times, usually with little or no effect. I have spoken to employees of the real estate firm that owns the duplexes, again to no avail. It is a very frustrating issue, since these duplexes are located in an otherwise quiet, respectful neighborhood, and most of the residents there seem to have no regard whatsoever for anyone around them. I am highly concerned that any changes that may create more pockets of transitory residents will further devalue this area. Although RSF-8 is considered a single family zone, it also would allow for twice as many homes per acre, which could result again in lower -cost housing for students. I would appeal to you as our lawmakers to preserve the remaining integrity of our neighborhood by keeping it primarily a place for families. Thank you for your time. Lee Ann Kendrick 1135 S. Maxwell Lake Designs Associates 479-444-3377 Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 22 of 27 Planning Commission May 26, 2020 Agenda Item 14 20-7089 Marks Page 23 of 27 Agenda Item 14 20-7089 Marks Page 24 of 27 Agenda Item 14 20-7089 Marks Page 25 of 27 Agenda Item 14 20-7089 Marks Page 26 of 27 RZN20-7089 Future Land Use Civic and Private Open Space : MOUNT-COMFORT-RD— I HEFLEY w ST Q rn z w a ui —CEDAR ST—ai MARKS Non- nlcipal I DEANE ST Gove ment J (L U) Z Residential J Neighborhood a Q� Z� Oi w _ZIQ � 0 p z a MAXWELL-DR—� Q Subject Property c9 c9 �Lu I< MAL QIHENDRI T W' Q' r 0 1 t7 w z _ Q JS aaLCARTER-ST— City Neighborhood 'IONOI � ;W ��• R Z W CA s� b-VISTA DRY Legend L_ _ Planning Area _ Feet Fayetteville City Limits 0 145 290 580 870 Trail (Proposed) Building Footprint 1 inch = 400 feet I 1,160 NOW T KELLEY. Legend :Y Planning Co mission fftyP26, 2020 Agenda Item 14 20-7089 Marks Page 27 of 27 Democrat 'cnozette P.C,. K'X 1,607. FAYETTEVILLE, AR, 72702. 479-4=2.1'00 - FAX: 479-695-I1i8. 'NW'V&'.N'WADG.CiJM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6333 Was inserted in the Regular Edition on: July 26, 2020 Publication Charges: $85.12 B,t S'ihL Brittany Smith Subscribed and spom to before me This 2lday o , 020. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. /I � �q S�ebv\vo�/-/'i Ordinance: 6333 File Number: 2020-0451 RZN 20-7089 (1139, 1213, 1237, 1251, & 1283 W. HENDRIX ST./MARKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7089 FOR APPROXIMATELY 2.00 ACRES LOCATED AT 1139, 1213, 1237, 1251 AND 1283 WEST HENDRIX STREET FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-l8, RESIDENTIAL SINGLE FAMILY, 18 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 RSF-18, Residential Single Family, 18 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 7/21/2020 Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 75298957 7/26/20