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Home My WebLink AboutOrdinance 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� „S W U fY 2 U 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 Q x U rY U Legend Design Overlay District Planning Area Fayetteville City Limits Building Footprint QOZB, LLC. w Q F- co 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. GAETC\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 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. 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 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 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 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 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 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 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 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 PC Planning Commission 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 MASTER PLAN EXHIBIT III e t�. V n ARKANSAS .. .. .... . i i r j- C 1 :...... a jr � „� � � . " } v • _ .. .J�At7�3- Lj• .. r_ is � 1 ,;� ; y g � - — - .1 l I t' 73, IVA kv, 'A iL r , t s`f ...:` .......... In ........ :L .......................... •�u;tJ a......... ! � i• Ab4" WALKER PARK NEIGHBORHOOD ILLUSTRATIVE MASTER PLAN FAYETTEVILLE, ARKANSAS ''.. SEPTEMBER 2007 ti Fthd'g Ruddi, ® P.,p,,.d Ruildmg ..... \,yd., Ana Ii..u..d., N ij Planning Commission 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 RZN20-7123 Close Up View BALD BLVD 11SC W Q 2 U MARTIN LUTHER = KING JR BLVD Y Legend Design Overlay District Planning Area ' Fayetteville City Limits Building Footprint QOZB, LLC. �itil -Is 4TH ST W > Q F= N Q W W > Q Y 0 � 5TH ST W J Q m W Proposed RSF-18 J J 0 __ U 01 Feet 0 75 150 300 450 1 inch = 200 feet A& NORTH Zoning Acres RSF-18 0.2 ■ 600 Total 0.2 Planning Co mission 22.2020 Agenda Item 9 20-7123 QOZB, LLC Page 17 of 19 w `' Single -Family Residential Single -Family Q Subject Residential Propertya 1 w K � r Single -Family Residential 't ' QQ MARTIN LUTH fi>, KING'JRBLVD y � . FEMA Flood Hazard Data 100-Year Floodplain Feet Floodway Planning Area 0 25 50 100 150 200 Fayetteville City Limits - 1 inch = 70 feet j Design Overlay District — Planning Co mission 22.2020 Agenda Item 9 20-7123 OOZB, LLC Page 18 of 19 RZN20-7123 QOZB, LLC. Future Land Use Civic ,- Institutional W _.0 Q�""ROCK-Sl >= Q Q� W t� O � m S V SOUTH ST Residential } Neighborhood J ARCHIBALD Q �IYELLIB VD "m""mmomw;TH ST.�> PRAIRIE �� Q c Legend Planning Area L - - Fayetteville City Limits Shared Use Paved Trail - - Trail (Proposed) —� Design Overlay District Building Footprint Subject Property Arw 5T T a W (7 W J / V MARTIN LUTHERA - KING JR BLVD I W Jww Y__ - 7TH ST O u1 ' .J m 0 145 290 Civic and Private Open Space Feet 580 870 1,160 1 inch = 400 feet IN: o> > WJ J 9 ST 9TH ST-r= 9 to Q Q � Z O�� O f--� C.)�i z 4TH ST _0 <v W 13� � I City Neighborhood Civic Institutional I♦ Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning MTC22. 2020 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 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* Lisa Purkayastha Address or Ward* Address • Ward Ward * Ward 2 Phone Number Email Meeting Body* City Council and Planning Commission 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 Courtesy and Respect. 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. 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.