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HomeMy WebLinkAboutOrdinance 6340113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6340
File Number: 2020-0531
RZN 20-7123 (23 W. 5TH ST./QOZB, LLC.):
ARCHIVED
IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII III II I IIIII IIIII IIII IIII
Doc ID: 019394430003 Type: REL
Kind: ORDINANCE
Recorded: 08/25/2020 at 11:52:55 AM
Fee Amt: $25.00 Paqe 1 of 3
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2020 00029733
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-7123 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 23 WEST 5TH STREET
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 8/4/2020
... on..
'ILLE :
RZN20-7123
Close Up View
BAL. D ,YELL O�J�
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Legend
QOZB, LLC.
I_ _ Design Overlay District
Planning Area Feet
Fayetteville City Limits 0 75 150 300 450 600
L _ _ ,
Building Footprint 1 inch = 200 feet
EXHIBIT 'A'
20-7123
A&
NORTH
Zoning Acres
RI-U 0.2
Tota 1 0.2
4ANI3k-d "'.
20-7123
LEGAL DESCRIPTION:
All of Lot 2 and a part of Lot 1, Block 13, Jennings Addition to the City of Fayetteville in
Washington County, Arkansas, and being described as follows: Beginning at the SE
Corner of said Lot 2, Block 13, said point being the POINT OF BEGINNING, thence
N87001'14"W 63.07 feet, thence N02046'54"E 142.82 feet, thence S87000'12"E 64.38
feet, thence S03°18'30"W 142.80 feet to the POINT OF BEGINNING: Containing 0.21
acres more or less subject to easements and right of way of record.
Washington County, AR
I certify this instrument was filed on
08/25/2020 11-52:55 AM
and recorded in Real Estate
File Number 2020-00029733
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
;•- ,- _ Fayetteville, AR 72701
f 1 (479) 575-8323
Text File
File Number: 2020-0531
Agenda Date: 8/4/2020 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B. 3
RZN 20-7123 (23 W. 5TH ST./QOZB, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-7123 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 23 WEST 5TH STREET 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 8/5/2020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0531
Legistar File ID
7/21/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/2/2020
Submitted Date
Action Recommendation:
CITY PLANNING (630)
Division / Department
RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by JORGENSEN & ASSOCIATES, INC. for property
located at 23 W. 5TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately
0.21 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN.
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? NA
Current Budget
$ -
Funds Obligated
$ -
Current Balance
$ -
Does item have a cost? No
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
$_ v
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 21, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
DATE: July 2, 2020
CITY COUNCIL MEMO
SUBJECT: RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by
JORGENSEN & ASSOCIATES, INC. for property located at 23 W. 5TH ST. The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.21 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE - URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located on W. 5th Street, just north of E. Martin Luther King Jr. Blvd. and
south of S. Archibald Yell Blvd. The property is comprised of two parcels, 765-07076-001 and
765-07077-000, for a total of 0.21 acres, and has a small single-family dwelling that was
constructed in 1940. The property is part of the Jennings Addition and also located within the
Walker Park Master Plan area. The subject property has approximately 65' of frontage along W.
5th Street to the north, and there is additional alley access to the property from the south. The
property is currently zoned NC, Neighborhood Conservation, and this district was established for
the area in 2008 following the completion of the Walker Park Master Plan. Prior to that point, it
had been zoned RMF-24, Residential Multi -Family, 24 Units per Acre.
Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate — Urban. The applicant has not presented a specific development plan
for this property.
Land Use Compatibility: The property in question is surrounded by single-family dwellings of
different size, scale, and age, which indicates that the neighborhood is currently undergoing
transition and redevelopment. On the south side of W. 5th Street, most homes are small, 1-story
bungalows from the mid-20th century, but to the north are larger two-story single-family homes
constructed within the last 5 years. Staff recognizes the compatibility of the Residential
Intermediate - Urban zoning district which would allow for greater density, smaller lot widths,
compatible setback requirements with NC zoning, and more flexible by -right allowances that
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
would be appropriate for this site, especially given long-term land use plans for the area.
Land Use Plan Analysis: The high infill score of the property indicates that this neighborhood is
well -situated for an increase in density to bring more people closer to the walkable amenities in
the area, including Walker Park, downtown, and the nearby grocery store. This area is designated
as a Residential Neighborhood Area, which, while primarily residential, encourages low -intensity
non-residential uses intended to serve the surrounding neighborhoods on corners and along
connecting corridors. While the neighborhood is primarily single-family, staff is in support of the
flexible zoning district of Residential Intermediate — Urban (RI-U) since long term -land use plans
for the neighborhood show that this neighborhood should be moving in a direction that is higher
intensity. The Master Street Plan for this area calls for "Downtown/Urban Street" sections, which
indicates that the neighborhood should expect a higher density and higher -level street activity
than currently exists. Staff supports a request for an RI-U zoning district to allow for more flexibility
and higher density, provide more space for attainable housing, maintain setbacks that are
compatible with current surrounding zoning, stepped -back building heights so as not to overload
low-lying surrounding properties, and maintain a walkable urban environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for the
subject property. The following elements of the matrix contribute to the score:
• Sufficient Intersection Density
• Near Grocery Store (Walmart Neighborhood Market)
• Within Master Plan Area (Walker Park Neighborhood Master Plan)
• Near ORT Bus Stop (Route 20)
• Near Park (Walker Park)
• Near Razorback Bus Stop (Route 13)
• Near Sewer Main (8", S. Block)
• Near Paved Trail (Razorback Greenway)
• Near Water Main (2" PVC, 5th Street)
• 4 Minute Fire Response (Station #1, 303 W. Center)
WALKER PARK NEIGHBORHOOD: The Illustrative Walker Park Plan indicates there is space in
this site for a compatible increase in density. The current zoning district of NC came into fruition
after the completion of this neighborhood plan in 2008.
DISCUSSION:
On June 22, 2020, the Planning Commission forwarded the request with an amendment to rezone
from NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban. The applicant
initially came forward with a request to rezone the property to RSF-18, Residential Single -Family,
18 units per acre. Staff found the initial request to be compatible with the current land use, but
suggested that the Planning Commission consider a recommendation towards an RI-U zoning
district to align with the future land use plans for the area, especially with consideration for the
Infill Score and the Master Street Plan classification for the neighborhood. Planning Commission
was supportive of staffs recommendation for a rezone to RI-U given the proximity of downtown
and walkable amenities. The applicant was supportive of and consented to the change,
appreciating the flexibility that the RI-U zoning district offered to future development of the area.
Commissioner Brown made the motion, Commissioner Belden seconded. The vote passed 6-0-
1, with Commissioner Hoffman recusing. No public comment was made at the meeting, though
one public comment was issued to staff via email ahead of the meeting in support of the rezoning
request to RSF-18, which is included in staffs initial report to Planning Commission.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN20-7123
Close Up View
H I BA L D YS-L 6-JO
msc u1
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U
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Legend
Design Overlay District
Planning Area
Fayetteville City Limits
Building Footprint
QOZB, LLC.
w
Q
F-
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w W
`1 I
Q Proposed
m � U;
P-1
Feet
75 150 300 450
1 inch = 200 feet
EXHIBIT 'A'
20-7123
MARTIN LUTHER KING J
7TH ST
.11
A&
NORTH
Zoning Acres
RI-U 0.2
Total 0.2
EXHIBIT 'B'
20-7123
LEGAL DESCRIPTION:
All of Lot 2 and a part of Lot 1, Block 13, Jennings Addition to the City of Fayetteville in
Washington County, Arkansas, and being described as follows: Beginning at the SE
Corner of said Lot 2, Block 13, said point being the POINT OF BEGINNING, thence
N87001'14"W 63.07 feet, thence N02046'54"E 142.82 feet, thence S87°00'12"E 64.38
feet, thence S03018'30"W 142.80 feet to the POINT OF BEGINNING: Containing 0.21
acres more or less subject to easements and right of way of record.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
MEETING DATE: June 22, 2020 Updated with PC meeting results from 6/22/2020
SUBJECT: RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by
JORGENSEN & ASSOCIATES, INC. for property located at 23 W. 5TH ST.
The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.21 acres. The request is to rezone the property
to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 20-7123 to City Council with a recommendation for approval.
RECOMMENDED MOTION:
"I move to forward RZN 20-7123 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on W. 5th Street, just north of E. Martin Luther King Jr. Blvd. and
south of S. Archibald Yell Blvd. The property is comprised of two parcels, 765-07076-001 and
765-07077-000, for a total of 0.21 acres, and has a small single-family dwelling that was
constructed in 1940. The property is part of the Jennings Addition and also located within the
Walker Park Master Plan area. The subject property has approximately 65' of frontage along W.
5th Street to the north, and there is additional alley access to the property from the south. The
property is currently zoned NC, Neighborhood Conservation, and this district was established for
the area in 2008 following the completion of the Walker Park Master Plan. Prior to that point, it
had been zoned RMF-24, Residential Multi -Family, 24 Units per Acre. Surrounding land uses and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family
NC. Neighborhood Conservation
Residential
South
Single -Family
Residential
NC, Neighborhood Conservation
East
Single -Family
NC. Neighborhood Conservation
Residential
East
Single -Family
NC. Neighborhood Conservation
Residential
Request: The request is to rezone the property from NC, Neighborhood Conservation to RSF-
18, Residential Single Family, 18 Units per Acre. The applicant has not presented a specific
development plan for this property.
Planning Commission
June 22 2020
Agenda Item 9
20-7123 QOZB, LLC
Page 1 of 19
Public Comment: Staff has received questions regarding the proposal and has received one letter
in support of the rezone request, which is attached.
INFRASTRUCTURE:
Streets: This property has frontage to W. 5th Street. W. 51 Street is classified as Urban
Center and is partially improved with asphalt paving, curb and gutter, storm drain,
and sidewalk at back of curb along the property's frontage. Any street
improvements or requirements for drainage will be determined at time of
development.
Water: Public water is available to this parcel. An existing 2-inch watermain is present
along West 5th Street that can serve parcel 765-07077-000.
Sewer: Sanitary Sewer is not available to this parcel. A sanitary sewer main extension will
be required to be constructed to serve this lot at time of development.
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 1 located at 303 W. Center, protects this site. The property is located
approximately 0.5 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 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.
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 variety of
housing types of appropriate scale and context, including single family, multifamily and row -
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor-
hood, 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 in the natural envi-
ronment.
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PC Planning Commission
June 22.2020
Agenda Item 9
20-7123 QOZB, LLC
Page 2 of 19
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for the
subject property, with a weighted score of 12.5. The following elements of the matrix contribute
to the score:
• Sufficient Intersection Density
• Near Grocery Store (Walmart Neighborhood Market)
• Within Master Plan Area (Walker Park Neighborhood Master Plan)
• Near ORT Bus Stop (Route 20)
• Near Park (Walker Park)
• Near Razorback Bus Stop (Route 13)
• Near Sewer Main (8", S. Block)
• Near Paved Trail (Razorback Greenway)
• Near Water Main (2" PVC, 5th Street)
• 4 Minute Fire Response (Station #1, 303 W. Center)
WALKER PARK NEIGHBORHOOD: The Illustrative Walker Park Plan indicates there is space in
this site for a compatible increase in density. The current zoning district of NC came into fruition
after the completion of this neighborhood plan in 2008.
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 property in question is surrounded by single-
family dwellings of different size, scale, and age, which indicates that the
neighborhood is currently undergoing some transition and redevelopment.
On the south side of W. 5th Street, most homes are small, 1-story bungalows
from the mid-20t' century, but to the north are larger two-story single-family
homes constructed within the last 5 years. The property in question is
underdeveloped for its current zoning district of Neighborhood
Conservation, which has an allowable density of 10 units per acre; it is
currently built to a density of 4.76 units per acre (given 1 unit per .21 acres).
By -right, the property could add an additional single-family dwelling unit and
still be in compliance with current zoning from a density and lot width
perspective, though splitting the lot in the future would not be possible; NC
has a 40' lot width minimum for ALL dwelling types, so as density or dwelling
types increases, the lot width minimum stays the same. Staff also finds that
the current zoning district has conditional uses that are more flexible than
the requested zoning district of RSF-18, which does not permit for 3-4 unit
dwellings, even conditionally. The minimum lot width of 30' per single-family
dwelling unit or duplex could also inhibit development on this site, given the
amount of available frontage of 65'. Though a higher density is permissible
in RSF-18, given available lot width and size, any by -right future development
would likely be limited to one additional single-family home on the site. As
far as setbacks are concerned, both the current zoning district and the
proposed zoning district have a build -to -zone that would bring any
structures to the edge of the property line. Staff finds that while an RSF-18
zoning district technically has a higher density entitlement than NC zoning
and is in keeping with the current single-family nature of the surrounding
G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03
PC Planning Commission
June 22.2020
Agenda Item 9
20-7123 QOZB, LLC
Page 3 of 19
properties, lot width requirements and more limited conditional uses could
be viewed as a downzoning for this property. Staff recognizes another
potentially compatible zoning district in Residential Intermediate — Urban,
which would allow for greater density, smaller lot widths, compatible setback
requirements with NC zoning, and more flexible by -right allowances that
would be appropriate for this site. Staff finds that RSF-18 is not incompatible,
but may not be the highest and best use for the property.
Land Use Plan Analysis: Staff believes that the proposal, while compatible
with current surrounding contexts, could be more in line with future land use
plans for the neighborhood. The high infill score of the property indicates
that this neighborhood is well -situated for an increase in density to bring
more people closer to the walkable amenities in the area, including Walker
Park, downtown, and nearby grocery store. This area is designated as a
Residential Neighborhood Area, which, while primarily residential,
encourages low -intensity non-residential uses intended to serve the
surrounding neighborhoods on corners and along connecting corridors.
While the neighborhood is primarily single-family, staff would also be in
support of a more flexible zoning district such as Residential Intermediate —
Urban (RI-U) since long term -land use plans for the neighborhood indicate
that this neighborhood should be moving in a direction that is higher
intensity than what RSF-18 would allow. The master street plan for this area
indicates that the neighborhood should expect a higher density and higher
level street classification than currently exists. Staff would support a request
for an RI-U zoning district to allow for more flexibility and higher density,
provide more space for attainable housing, maintain setbacks that are
compatible with current surrounding zoning, stepped -back building heights
so as not to overload low-lying surrounding properties, and maintain a
walkable urban environment. That being said, RSF-18 is compatible and
would be an appropriate zoning district for the future land use plans as far
as appropriate infill is concerned. While staff supports a rezone to RSF-18
to allow for a higher density than is currently permitted on this site, staff
believes that certain other restrictions associated with the RSF-18 zoning
district may not be in alignment with future land use plans for the area. Staff
recommends approval, but also asks the Planning Commission to consider
an RI-U zoning district as also being an appropriate request.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: While the applicant's request letter did not indicate a specific development
plan, the applicant indicates that the zoning will allow for a smaller footprint
of residential structures to be compatible with surrounding areas, and keep
any future development with a presence and scale that is complementary to
the existing context. Staff recognizes that a change to RSF-18 would allow a
higher density and a smaller footprint than NC and would be compatible with
the surrounding land use and future plans to increase density in the
neighborhood with appropriate infill.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
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June 22. 2020
Agenda Item 9
20-7123 COZB, LLC
Page 4 of 19
Finding: Rezoning the property to RSF-18 does have the potential to increase traffic,
although the limitations of the RSF-18 zoning district imply that only 1-2
additional units would have the potential to be built; staff finds this would
not appreciably increase traffic danger or congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from NC to RSF-18 has the potential to increase the
density of the property, but not in any way that staff finds the neighborhood
would be unable to absorb. With a maximum density of 18 units per acre in
RSF-18, a maximum of 3 dwelling units could be on the site, which staff finds
would not undesirably increase the load on public services. For a point of
consideration, an RI-U zoning would have no maximum density, but given all
other site requirements this zoning district would likely not negatively affect
the load on public services.
If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN 20-7123 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
(Date: June 22, 2020 O Tabled IA Forwarded O Denied
Motion: Brown Amend request to rezone from NC to
RI-U with applicant's agreement and
Second: Belden recommending approval
Vote: 6-0-1; Hoffman recused
GAETCOevelopment Services ReviewQ0200evelopment Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03
PC Planning Commission
June 22.2020
Agenda Item 9
20-7123 QOZB, LLC
Page 5 of 19
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.29 - Neighborhood Conservation
o §161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per
Acre
o §161.12 - District RI-U, Residential Intermediate - Urban
• Request letter
• Staff Exhibit
• Walker Park Illustrative Plan
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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PC Planning Commission
June 22,2020
Agenda Item 9
20-7123 QOZB, LLC
Page 6 of 19
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 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited business`
Unit 24 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.
All dwelling types 40 feet
(2) Lot Area Minimum. 4,000 square feet
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PC Planning Commission
June 22.2020
Agenda Item 9
20-7123 OOZB. LLC
Page 7 of 19
(E) Setback Regulations
A build -to zone that is located between the
Front front property line and a line 25 feet from
the front property line.
Side 5 feet
Rear 5 feet
Rear, from center 12 feet
line of 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 , §1(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; Ord. No. 6211 , §1, 8-6-19)
&\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03
PC Planning Commission
June 22. 2020
Agenda Item 9
20-7123 QOZB, LLC
Page 8 of 19
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
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June 22.2020
Agenda Item 9
20-7123 QOZB, LLC
Page 9 of 19
(E) Setback Requirements.
Front Side Side -Zero Lot Line' Rear
A build -to zone that is A setback of less than five feet (zero lot
located between the 5 feet on line) is permitted on one interior side,
front property line and a provided a maintenance agreement is 5 feet
line 25 ft. from the front both sides filed". The remaining side setback(s)
property line. 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 , §21 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 Rev iew\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB. LLC) 523\03
PC Planning Commission
June 22.2020
Agenda Item 9
20-7123 QOZB. LLC
Page 10 of 19
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
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front Side Other
Uses
A build -to zone that is located
between the front property, line None
and a line 25 feet from the front
property line
Side Single & Rear Other
Two (2) Family Uses
5 feet 5 feet
Rear, from
centerline of an
alley
12 feet
GAETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03
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June 22.2020
Agenda Item 9
20-7123 QOZB. LLC
Page 11 of 19
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories'
A building or a portion of a building that is located between 0 and 10 feet from the front property line
or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings
or portions of the building set back greater than 10 feet from the master street plan right-of-way shall
have a maximum height of three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. 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)
G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03
PC Planning Commission
June 22,2020
Agenda Item 9
20-7123 QOZB, LLC
Page 12 of 19
JORGENSEN
+ASSOCIATES
r
May 13, 2020
City of Fayetteville
Development Services
113 West Mountain Street
Fayetteville, AR 72701
Re: Rezoning at 23 W St' Street
Dear City Staff;
124 W Sunbridge Drive, Suite S
Fayetteville. AR 72703
Office 479 442 9127
r.: Crgensenacccr Cc
Established 1985
In regards to a rezoning request for property located at 23 W. 5ih Street, from NC to RSF-18, it is our opinion
that RSF-18 is a zoning type that is compatible with the surrounding areas. This zoning type allows for the potential of
smaller footprint residential structures that have long been prevalent in the Jennings neighborhood. This zoning will
also ensure that new construction will properly address the public way with a presence and scale that is
complementary to the existing context.
Thank you and if you need any additional information, please don't hesitate to contact us.
Sincerely,
Mkejophensen,PE
Planning Commission
June 22.2020
Agenda Item 9
20-7123 QOZB. LLC
Page 13 of 19
RZN 20-7123 h
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June 22.2020
Agenda Item 9
20-7123 QOZB, LLC
Page 14 of 19
From:
Alan 05tner
To:
Harrison. Andv
Cc:
Lorel Hoffman; Dave Jorgensen
Subject:
Support for Rezoning at 23 West 5th Street
Date:
Monday, June 15, 2020 7:30:12 AM
j7 'DN. 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.
Greetings Planning Commissioners,
Please accept this as my letter of support for this rezoning request. I own the property sharing
the west boundary of the subject property. I think rezoning with "gentle densification" in this
neighborhood is a terrific move. It will promote more housing during this national housing
crisis that predated the covid crisis by years, and it will promote a more vibrant downtown for
neighbors and businesses. My home with my wife and family is a block away. We love this
neighborhood. We have lived here for 25 years and see good things happening. I appreciate
this rezoning and the eventual redevelopment of this property.
Best,
Ala n O s t n a r, ASLA, PLA
DRAINAGE DOCTOR NWA, PLLC
Licensed Landscape Architect
Ark. LA License #5204
Ark. Contractor's Lic. #0330990619
Board Member: Fayetteville Urban Forestry Advisory Board
Board Member: Keep Fayetteville Beautiful Commission
Member: Ark Master Gardeners
C: 479.387.7900
E: alan.72701cagmaii.com
Planning Commission
June 22. 2020
Agenda Item 9
20-7123 QOZB. LLC
Page 15 of 19
Agenda Item 9
20-7123 QOZB, LLC
Page 16 of 19
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Agenda Item 9
20-7123 QOZB, LLC
Page 17 of 19
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Agenda Item 9
20-7123 OOZB, LLC
Page 18 of 19
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Agenda Item 9
20-7123 00ZB, LLC
Page 19 of 19
From: CityClerk
To: Bolinger, Bonnie; Pennington, Blake; Ci Irk; gitvcouncil(qmatthewpgM.org; Eads. Gail; Roberts. Gina; Batker,
Jodi; Johnson. Kimberly; Rogers. Kristin; Williams. Kit; Branson. Lisa; Jordan, Lioneld; Mathis. Jeana; Paxton,
Kara; Mulford, Patti; Norton Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh. Sarah; Kinion, Mark; Scroggin. Sloan;
Bunch, Sarah; Turk, Teresa; Smith. Kyle
Cc: Jerry Hogan; CityClerk
Subject: FW: Rezoning in South Fayetteville and Fayetteville Growth Statements - Jerry B. Hogan
Date: Thursday, July 23, 2020 9:41:15 AM
Attachments: South Fayetteville Rezoning Package for Mayor and Council.doa
Rezoning in South Fayetteville.docx
JBH Position on Change and Progress.docx
Fayetteville Growth Position Statement.dooc
imaae001.Dna
Good morning,
Please see the below email and attachments from Jerry Hogan.
Tentative B.3 for upcoming Agenda Session:
RZN 20-7123 (23 W. 5TH ST./QOZB, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-7123 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 23 WEST
5T11 STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
Thank you,
KaWw Palc 0411
City Clerk Treasurer
City of Fayetteville, Arkansas
kapaxton0)favetteville-ar.aov
T 479.575.8323
CITY OF
FAYETTEVILLE
ARKANSAS
From: Jerry Hogan <jbhogan22@hotmail.com>
Sent: Thursday, July 23, 2020 8:56 AM
To: Paxton, Kara <kapaxton@fayetteville-ar.gov>
Subject: Rezoning in South Fayetteville and Fayetteville Growth Statements - Jerry B. Hogan
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.
Good Morning, Kara,
Attached is a cover page and three one -page files concerning the rezoning of a lot in S.
Fayetteville and my positions relative to a number of growth issues in our city.
These files are informational and reflect my personal opinion as a citizen of Fayetteville. 1 do
not speak for anyone else or any organization.
Would you be good enough to distribute them to Mayor Jordan and the City Council.
Thank you so much.
Jerry Hogan
For: Mayor Lioneld Jordan and the Fayetteville, AR City Council — July 23, 2020
From: Jerry B. Hogan, 1984 N. East Oaks Dr. #2, Fayetteville, AR, 479-521-5314, jbhogan22@hotmail.com
Topic: Proposed Rezoning of 23 W. 5th Street from NC, Neighborhood Conservation, to RI-U, Residential
Intermediate -Urban — Growth of the City
Summary: Comments about this specific zoning and citizen positions relative to city growth
Contents:
Rezoning in South Fayetteville — 1 page
Change in Fayetteville — 1 page
Fayetteville Growth — 1 page
Please note: these files are informational and reflect my personal opinion as a citizen of Fayetteville. I do not
speak for anyone else or any organization.
Thank you
Jerry B. Hogan
Change in Fayetteville — Position Statement — J. B. Hogan
Growth and change in town are not being driven with the quality of life of the average citizens in
mind, rather for a small group of entrepreneurs, investors and developers to make money, profits
from this change and growth. The profit -makers' focus is by definition not on civic improvement
but personal or corporate economic gain.
One result is that the structures being built in town now much, if not most, of the time, do not
blend into existing neighborhoods in style or size. The result is that our neighborhoods are
becoming a mixture of contrasting styles and sizes, giving the appearance of haphazard,
aesthetically unappealing, and poorly planned development.
Can we not create an ordinance, at the very least applied within our historic districts, that
requires new structures to blend organically with existing homes and buildings? If we could do
this, our growth and progress, in my opinion, would be far smoother and contribute to a better,
more harmonious future for our city.
Proposed Rezoning of 23 W. 5th Street from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
[Rl-U allows Two (2) family dwellings, Three (3) and four (4) family dwellings and Cluster
housing development. RI-U is 18ft lot width and no lot area minimum vs. NC is 40 ft lot width
minimum].
Citizen Jerry B. Hogan's statement:
With all due respect, it is my position that this type of zoning is causing the total alteration of the
large neighborhood we know as South Fayetteville. This density and verticality completely alter
the physical and social quality of the area. I know it's the new Fayetteville but I personally do not
like it.
For one thing, there seems to be no concern about displaced families in the neighborhood. And
what about the remaining families in the neighborhood — many, probably most of whom, have
been and are living in the older Craftsman homes that defined the S. Fayetteville neighborhood
for 75-80 years?
All we talk about now for our city is urban infill. But what is happening, in this case and
countless others throughout the city, is actually the gentrification of a neighborhood that has
traditionally been that of the lower income, working poor.
Perhaps we could say no to the rezoning for a change. I urge our city leaders to try and save
some sense of the neighborhood quality that has made South Fayetteville unique for such a long
stretch in our history.
Thank you.
Jerry B. Hogan
Fayetteville Growth Statement — J. B. Hogan
With all due respect and knowing there are limitations to what the city can do, my opinions are my
own and do not represent anyone else or any organization:
My objections to growth
Personal Mantra: Fayetteville is a small, hill town never meant to be this big
Note our narrow streets, steep hills
Growth does not necessarily mean progress
Focus on social growth not material growth
Quality of Life reduced
Sense of community lost
Destruction of natural environment
Traffic/Crime increase
Rezoning
Sometimes deny requests from developers
My objections to gentrification
Alters the physical and economic basis of neighborhoods
Creates mixed architectural neighborhoods
Eliminates neighborhoods
Displaces people of color and low income
We need to listen to the people of the neighborhoods
Where is the affordable housing?
Not every open space needs to be "infilled"
UA doesn't get a pass
UA growth encroaches on Fayetteville proper
Apartments — Huge, nearly hang over streets, block views, don't blend into neighborhoods
Buildings — on Square and around MLK and Sixth to Government
Focus on academics and less on sports and buildings
On Preservation
Focus on saving historic homes and buildings/strengthen Historic Districts
I requested a change to the City Demolition permit (to halt immediate destruction of historical
structures) — it failed, but I still believe it's a valid approach
Save green spaces — including Markham Hill
Renovate and reopen Jefferson School
Leave the Hollow and its residents alone
Personal Mantra: If you don't know your own history, you won't know who you are or where you
came from and you may not know where you're going.
Demand — let it go north
Housing — provide some sort of subsidy for those in need
From: Mathis, Jeana
To: Bolinger, Bonnie; Pennington. Blake; �j�i yQrA; ci cound1(a)matthewpgy.org; Eads. Gail; Roberts. Gina; Batker.
lgd�i; Johnson. Kimberly, Rogers, Kristin; Williams. Kit; Branson, Lisa; Jordan, Lioneld; Mathis. Jeana; Paxton.
Kara; Mulford. Patti; Norton Susan; Thurber. Lisa; Gutierrez, Sonia; Marsh. Sarah; Kinion. Mark; ScrogginSloan;
Bunch. Sarah; Turk. Teresa; Smith, Kyle
Subject: Support of RZN 20-7123 (23 W. 5TH ST./QOZB, L-C.):
Date: Thursday, July 23, 2020 9:39:10 AM
Attachments: image001.Dna
I got a call just now from a Jerry Bailey saying.... He is in support of the RZN 20-7123 (23 W. 5TH
ST./QOZB, LLC.):
Jeana Mathis
Customer & Information Records Specialist
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
imathis fayetteville-ar oov
479.575.8323
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
ARKANSAS
From: CityClerk
To: Bolinger, Bonnie; Pennington, Blake; Ci Irk; citycouncil(a rnatthewoettv.org; Eads. Gail; Roberts. Gina; Batker,
Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson. Lisa; Jordan Lioneld; Mathis. Jeana; Paxton.
Kara; Mulford, Patti; Norton, Susan; Thurber. Lisa; Gutierrez Sonia; Marsh, Sarah; Kinion. Mark; Scroggin. Sloan;
Bunch, Sarah; Turk, Teresa; Smith. Kyle
Cc: Evelyn RIos
Subject: FW: Support for RZN 20-7123 (23 W. 5th St./Qozb, LLC.)
Date: Thursday, July 23, 2020 7:49:49 AM
Please see email below from Evelyn Rios.
From: Evelyn RIos <evelynalexisrios@gmail.com>
Sent: Wednesday, July 22, 2020 6:32 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Support for RZN 20-7123 (23 W. 5th St./Qozb, LLC.)
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.
Dear Mayor and City Council,
As a South Fayetteville/Ward 1 homeowner, I'd like to state my support for the proposed rezoning at
23 W. 5th Street from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban,
which has been set for discussion on August 4.
We have something in the range of 15 people a day moving to Fayetteville. I'm not sure where we're
supposed to put them all unless we let more housing get built. The alternative is sprawl on the edges
of town, more driving, etc. Too many people competing for too few houses also drives up prices
across the board, and the people at the bottom end up being the ones that get pushed out. I
understand change is not the greatest thing, and South Fayetteville as a historically undervalued
neighborhood is facing a lot of pressure to supply a disproportionate share of the city's housing
needs. So, I'd also like to see other parts of town that aren't South Fayetteville do more of their part
to accommodate the growth. A little bit here, a little bit there, so growth is more gradual and even.
Some have argued that new homes are more expensive than old home. My response is that unless
we are talking about subsidized housing, new places are always going to be more expensive than old
places, just like a new car is more expensive than a used car. But, if new places don't get built
somewhere, in general, the increased competition for housing ends up driving up the prices of the
old places.
Others have argued that new construction drives up the prices of older homes. This has been
debunked in multiple academic papers. For example:
https://appam.confex.com/appam/2018/webprogram/Paper25811.html
httos://www.urbandisolacement.or2/sites/defaut/files/ima>?es/udo research brief 052316.adf
It is actually the imbalance between supply and demand that has the most effect on the cost of
existing housing. It's hard to raise the price of something nobody wants or needs.
However, these papers do point to the need for additionally supporting subsidized housing, like that
provided by the Fayetteville Housing Authority and other nonprofit organizations, as well as taking
other measures to stabilize vulnerable communities and keep people in their homes.
Thank you for your consideration,
Evelyn Rios Stafford
527 S. Sherman Ave.
Fayetteville, AR 72701
479-879-2068
evelynalexisrios@gmail.com
From: CityClerk
To: Bolinger. Bonnie; Pennington. Blake; CityClerk; citycouncil(o)matthewDeM.ora; Gail; Roberts. Gina; Batker•
Jodi; Johnson. Kimberly; Rogers. Kristin; Williams. Kit; Branson, Lisa; Jordan. Lioneld; Mathis, Jeana; Paxton,
Kara; Mulford Patti; Norton. Susan: Thurber, Lisa; Gutierrez. Sonia; Marsh, Sarah; Kinion. Mark; Scrooain. Sloan;
Bunch Sarah; Turk. Teresa; Smith. Kvle
Cc: Keaton Smith
Subject: FW: In support of upzoning
Date: Thursday, July 23, 2020 7:48:59 AM
Please see email below from Keaton Smith.
-----Original Message -----
From: Keaton Smith <kwsmithl200(anicloud.com>
Sent: Wednesday, July 22, 2020 4:25 PM
To: CityClerk <cityclerknfayetteville-ar.gov>
Subject: Fwd: In support of upzoning
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.
Hello,
> I live at 88 E 4th St, just around the corner from a proposed rezoning at 23 W 5th St.
> I'm writing in support of this upzoning in our neighborhood. I support it because it will create more housing
supply, more housing choice, will make our overall housing market more affordable, and because infill development
is good for the environment.
> Proposed Rezone: 23 W. 5th Street from NC, Neighborhood Conservation to RI-U, Residential Intermediate -
Urban.
> httns•//www fave.ttevilleflver cnm/7(17(U07/71/favetteville_city.enimril_renan_iiilv_71 _7117(1/
> 7. RZN 20-7123 (23 W. 5th St./Qozb, LLC.)
> Thank you!
> Keaton
kwsm ith 1200Cicloud.com
> Sent from my iPhone
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Christina Day
Address or Ward* Address
o Ward
Ward* Ward 1
Phone Number
Email
Meeting Body* City Council and Planning Commission
Subject RZN 20-7123 (23 W. 5th St./Qozb. LLC.)
Comments I live near the property in question. I see that 'The applicant has not presented a
specific development plan for the property." I believe this rezoning should only be
permitted if the developers will commit to building housing that is affordable to
people who actually live in this town.
I like my neighborhood. and I do not mind having more neighbors. In theory infill is
better than sprawl, but allowing high -rent apartments or expensive condos to be built
will only do more to price current residents out of the area. This will cause more
sprawl, not less. as residents have to move further away to find affordable places to
live and travel farther for work and other necessities.
I have only lived here since 2012, but if I was trying to find a house now instead of 8
years ago there would be little I could afford. A coworker of mine was interested in
this neighborhood but instead ended up moving to the far west side, extending his
commute considerably. because of the prices here. This is the wrong direction for
the town to be going. particularly considering that record evictions and foreclosures
are looming because of the pandemic's effects on the economy. Please do not move
forward with the re -zoning without some assurance of reasonably priced housing
attached. If that is not possible to obtain. then the current zoning should remain in
place.
Best regards;
Christina Day
Ward 1
P.s. Whatever the outcome please make sure the trees in the alley are protected
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a Cite Council meeting shall be allowed Ibr all members of the audience
Nvho have signed up prior to the beginning ol'the agenda item the,, wish to address being opened for public
comment. speakers shall be limited to a maximum ot'lne (5) minutes to be broken into segment, of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
maiurity vote. If public comment is allowed for an amendment. speakers will only he allowed to speak fin• three (31
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Rescect• All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
CityClerk
From:
CityClerk
Sent:
Tuesday, July 28, 2020 8:16 AM
To:
Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Mulford, Patti; Norton, Susan, -
Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch,
Sarah; Turk, Teresa; Smith, Kyle
Cc:
Stoll, Garner; Curth, Jonathan
Subject:
FW: 18 foot wide lots in S. Fayetteville?????
Please see the below email from Dawn Day.
From: Dawn Day <dawnloraine@msn.com>
Sent: Monday, July 27, 2020 7:59 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: 18 foot wide lots in S. Fayetteville?????
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.
I saw a proposal to change some zoning in south Fayetteville. This area needs to remain zoned
conservation AND it need to be enforced. I don't see any enforcement lately. How does allowing tearing down
every older home in the area fit in with neighborhood conservation?
I would be completely against any more of taking these tiny lots and putting several houses on them. This is
"cluster" housing. We do not have a land shortage in Fayetteville. Past history of cities tells us people moved
away from the "cluster" of people living in such close quarters. This type of cluster housing will eventually lead
to people moving away seeking more room. And look at what happened in so many cities. The areas became
slums or rentals with very little tax profit for the city. Established neighborhoods especially our older ones
need preservation not demolition. I feel like too many people not from Fayetteville are experimenting on our
city.
Dawn Day
Virus -free. www.avast.com
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RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
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Subject 2020-0531 RZN20-7123 (23 W 5th St)
Please include the agenda item number F x t. ; 2020-01 Cc
Comments Please accept this comment in favor of the rezoning request for the property at 23 W
5th St. After reading the supporting documents. I appreciate the positive review of
this application by city planning staff and am in favor of our city's efforts to
emphasize infill in South Fayetteville.
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a Cite Council mectinL, shall be allowed tier all members ofthc audience
who have signed up Prior to the hcLinninL of the auenda item they �eish to address being opened for public
comment. Speakers shall he limited to a maXimum of ii\e (5) minutes to he broken into segments of three and two j
minutes. Amendments may receive puhlic comments only ifapproved by the City Council by unanimous consent or
majority vote. I1 public comment is allowed for an amendment. speakers \\ ill only be 1110\Ved to speak lilr three (� 1
minutes. The City Council maN allow hoth a speaker additional time and an unsigned -up person to speak by
unaninunrs consent or majority Notc
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Democrat
NORTH "' � �KA` 'SOrdine:6340
File (23W
--''y i,(t�']AzD P RZN 20-Number: 2020-0531 5TH ST./QOZB,
:a r:� V N 1� 1�
>�` LLC.):
_ AN ORDINANCE TO REZONE THAT
PC 3 r;r.07.V[T :YilLc,;>R,:2 C?• -t, ?_1 pr FA,v •3'9-o95 il'8• 'SVi;V,' H'ADGCCI� PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-7123
FOR APPROXIMATELY 0.21 ACRES
LOCATED AT 23 WEST 5TH STREET
FROM NC,NEIGHBORHOOD
AFFIDAVIT OF PUBLICATION CONSERVATION TO RI-U,
RESIDENTIAL INTERMEDIATE-
URBAN
I, Brittany Smith,do solemnly swear that I am the Accounting Legal Clerk of the BE ORD B T
COUNC ITIL OF THEAINED CYITYHE OFCITY
Northwest Arkansas Democrat-Gazette, a daily newspaper printed and FAYETTEVILLE,ARKANSAS:
published in said County, State of Arkansas; that I was so related to this City Section I: That theCityr nsanhe of the
City of Fayetteville,Arkansas hereby
publication at and during the publication of the annexed legal advertisement changes the zone classification of the
the matter of: Notice pending in the Court, in said County, and at the dates of and the legal descr property shown cr the n(E(Exhibit A)
iption(Exhibit B)
the several publications of said advertisement stated below, and that during said both attached to the Planning
periods and at said dates, said newspaper was printed and had a bona fide Department Neighborhood Conservation to
circulation in said County; that said newspaper had been regularly printed and RI-U,Residential Intermediate-Urban.
published in said County, and had a bona fide circulation therein for the period of Section the ry eb
Ciry of F'2:ayettevThat Ci
illc,ArkansasCouncil herebythe
one month before the date of the first publication of said advertisement; and that amends the official zoning map of the
said advertisement was published in the regular daily issues of said newspaper citychange of Fayettevilleprovidedin toSection 1 reflect.the zoning
as stated below. PASSED and APPROVED on 8/4/2020
Approved:
Lioneld Jordan,Mayor
City of Fayetteville Attest:
Ord 6340 Kara Paxton,City Clerk Treasurer
75305743 Aug 9,2020
Was inserted in the Regular Edition on:
August 9, 2020
Publication Charges: $77.52
6 S
Brittany Smith
Subscribed and sworn to before me •
This f Z day of " U , 2020. cP��P \ y�
Y 1
Notary Public `,\!
My Commission Expires: 2 l&(W/5
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.