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Home My WebLink AboutOrdinance 66500 113 West Mountain Street Fayetteville, AR 72701 (479) 575,8323 Ordinance: 6650 File Number: 2023442 APPEAL RZN 22-054: (515 S. COLLEGE AVE./NIEDERMAN, 523) Doc ID: 021007950003 Type: REL Kind: ORDINANCE Recorded: 03/17/2023 at 08:28:14 Arl Fee Ant: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk Fi1e2023-00006644 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-054 LOCATED AT 515 SOUTH COLLEGE AVENUE IN WARD I FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: 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 flom NC, Neighborhood Conservation to DG, Downtown Generat, subject to a bill of assurance. 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 I. PASSED and APPROVED on March 7, 2023 Page I Attest: GITY pn' FAye�EVi1( r Y� �gNsa=r RZN-2022-0054 515 S. COLLEjjo RZN-2022-0054 Close Up View EXHIBIT'A' RSIVXQ o 'roperty 5 ■-1 Neighborhood Link Zone Current Proposed Urban Center NC 03ac 0.0 ac — Unclassified DG 0.0 ac 0.3 ac — Residential Link Feet Design Overlay District Planning Area 0 75 150 300 450 600 _ _ Fayedeville City Limits 1:2,400 total 0 3 ac RZN-2022-0054 EXHIBIT'B' PART BLOCKS 5 & 6 100 X 135 FURTHER DESCRIBED PER 508450 AS Part of Blocks Numbered Five (5) and Six (6) in Jennings Addition to the City of Fayetteville, as designated upon the recorded plat of said addition, mare particularly described as Beginning at a point which is Twenty (20) feet West and Four Hundred Fifteen (415) feet North of the Southeast comer of Section Sixteen (16) Township Sixteen (16) North, of Range Thirty (30) West, and running thence North One Hundred (100) feet; thence West One Hundred Thirty-five (135) feet, thence South One Hundred (100) feet; thence East One Hundred Thirty-five (135) feet to the place of beginning. Washington County, AR I certify this instrument was fled on 03/17/2023 08:28 14 AM and recorded in Real Estate File Number 2023-00006644 Kyle Sylvester- Cimurt Clerk CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: CITY COUNCIL MEMO 2023-442 SUBJECT: Appeal: RZN-2022-0054: Rezone (515 S. COLLEGE AVE./NIEDERMAN, 523): Submitted by 3V DEVELOPMENT LLC for property located at 515 S. COLLEGE AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.31 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff recommends approval and the Planning Commission recommends denial of a request to rezone the subject property as described and shown below. BACKGROUND: The subject property is in south Fayetteville on the west side of College Avenue roughly 100 feet north of the street's intersection with Martin Luther King Jr. Boulevard. The property contains one parcel totaling 0.31 acres and is currently developed with one single-family dwelling which Washington County records indicate was built in 1885. The property lies within the Walker Park Neighborhood Master Plan area, and received its current zoning designation of NC, Neighborhood Conservation as a result of that plan in 2008. Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to DG, Downtown General. Public Comment: Staff received no public comment on this item prior to Planning Commission. One member of the public spoke at the meeting in opposition to the request, citing concerns about increased building heights and traffic along College Avenue. Land Use Compatibility: Staff finds the proposed rezoning to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, though there are some non-residential uses present around Jefferson Park to the south. When compared to the property's current zoning designation, DG would allow for a greater variety of land uses and housing densities. While the only land use permitted by right in NC is single-family dwellings, DG would permit residential uses ranging from single- to multi -family dwellings, and commercial uses ranging from restaurants and offices to small-scale production. The setback regulations are similar in NC and DG zoning. Both districts require a build -to zone between the front property line and a line 25 feet from the front property line, and a five-foot rear setback. A rezoning to DG would reduce Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the side setback requirement from five feet to zero feet. When considering the density and height requirement of each zoning district, staff finds that a rezoning to DG has the potential to allow for development that is out of character with the surrounding neighborhood. Where NC permits a maximum residential density of 10 units per acre and a maximum building height of three stories, DG has no density limitation and permits a maximum building height of five stories. Land Use Plan Analysis: Staff finds that the proposed rezoning is largely consistent with the property's Future Land Use Map designation as a Residential Neighborhood area. The DG zoning district would allow for a mixture of residential densities that are urban in form. It would also allow for a limited number of commercial uses near Jefferson Square, which was identified as a neighborhood core in the Walker Park Neighborhood Plan. A rezoning to DG could also promote a balance of land uses and housing, which is one of the guiding principles of the Walker Park Neighborhood Plan. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable pattern of development than conventional subdivisions. Also, the variety of housing types and commercial uses permitted in DG could enable residents to remain in the Walker Park neighborhood as their housing needs change. Further, the City Plan 2040 Infill Matrix indicates a score of nine for this site, and no environmentally sensitive areas are present, suggesting that this property is an appropriate location for infill. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (eight -inch main, E. MLK Jr. Blvd.) • Near Water Main (six-inch main, S. College Ave.) • Near City Park (Walker Park, Jefferson Park) • Near Paved Trail (E. 7th St., S. Willow Ave.) • Near ORT Bus Stop (Route 10, Route 20) • Near Razorback Bus Stop (Route 13) • Within Walker Park Master Plan Area • Sufficient Intersection Density DISCUSSION: At the January 23, 2023 Planning Commission meeting, Commissioners voted to deny this item by a vote of 8- 0-0. Commissioner Garlock made the motion to deny and Commission Sparkman seconded it. Commissioners expressed concerns about allowing mixed -use zoning in an established single-family residential neighborhood and they felt that the property's current zoning designation was more appropriate. One member of the public spoke at the meeting who shared concerns about the proposed rezoning leading to taller buildings and increased traffic along College Avenue. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Appeal Letter, SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, Bill of Assurance Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-442 Appeal: RZN-2022-0054: Rezone (515 S. COLLEGE AVE./NIEDERMAN, 523): Submitted by 3V DEVELOPMENT LLC for property located at 515 S. COLLEGE AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.31 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-054 LOCATED AT 515 SOUTH COLLEGE AVENUE IN WARD 1 FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL, SUBJECT TO A BILL OF ASSURANCE 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 DG, Downtown General, subject to a bill of assurance. 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. Page 1 January 26, 2023 Zara Niederman 3V Development, LLC Jonathan Curth Development Director City of Fayetteville Dear Mr Curth, I am writing to appeal a Planning Commission decision to deny the rezoning of 515 S College from Neighborhood Conservation (NC) to Downtown General (DG). As you are aware, the Planning Department was generally in favor of this rezoning. This property is one lot (75') off of the main intersection of the neighborhood, and sits directly next to the corner parcel which is zoned DG. We are seeking the flexibility of Downtown General zoning, because I am not sure if there will be demand for commercial, or just residential. Downtown General allows this flexibility of commercial that a strictly residential zoning (such as RIU) does not. Downtown General also allows for more flexibility with regard to residential units than the current NC zoning, and also more flexibility in residential units than a zoning such as RIU. I believe the main concern here for most people is the issue of height limit of 5 stories that DG allows, as opposed to 3 stories in NC or RIU. While going above 3 stories increases the cost structure and would likely require more parking than is available, and so would not be feasible anyway on this small of a site, we would happily offer a Bill of Assurance to keep the height maximum at 3 stories. No neighbors were reported to have made comments for or against the rezoning prior to the meeting. There was only one neighbor who commented on the rezoning at the meeting itself, the direct neighbor to the north. His main concerns were that he didn't want a 5-story building next to his single -story house, and that he didn't want a drive through. As you may be aware, I have been a proponent of removing drive-throughs from by -right uses of form - based zones such as DG. Nevertheless, we would be happy to provide a Bill of Assurance for this as well. I see this rezoning as an incremental change, on a lot by lot basis, that is contiguous with another Downtown General lot, rather than a rezoning for a large scale development that could drastically change the nature of the neighborhood. I believe that mixed -use zoning at the corner centers of neighborhoods is exactly what both the Walker Park Neighborhood Master Plan, as well as City Plan 2040 are advocating for in order to make neighborhoods more walkable. Thank you for your consideration Zara Niederman Zara Niederman 3V Development, LLC City of Fayetteville Staff Review Form 2023-442 Item ID 3/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/17/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: Appeal: RZN-2022-0054: Rezone (515 S. COLLEGE AVE./NIEDERMAN, 523): Submitted by 3V DEVELOPMENT LLC for property located at 515 S. COLLEGE AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.31 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 RZN-2022-0054 Close Up View w RSF-18 Q 1 CU O J m w a a w I 5TH ,ST MA Ki w Norm a `1 V P-1 O J m Neighborhood Link Urban Center Unclassified Residential Link _ Design Overlay District Planning Area Fayetteville City Limits 515 S. COLLEGE AVE 0 75 150 Subject F Feet 300 1:2,400 ST 450 600 RZN-2022-0054 EXHIBIT 'A' 9 a z O F- C9 _z 9 9 NORTH Zone Current Proposed NC 0.3 ac 0.0 ac DG 0.0 ac 0.3 ac Total 0.3 ac RZN-2022-0054 EXHIBITS' PART BLOCKS 5 & 6 100 X 135 FURTHER DESCRIBED PER 508-450 AS: Part of Blocks Numbered Five (5) and Six (6) in Jennings Addition to the City of Fayetteville, as designated upon the recorded plat of said addition, more particularly described as: Beginning at a point which is Twenty (20) feet West and Four Hundred Fifteen (415) feet North of the Southeast corner of Section Sixteen (16) Township Sixteen (16) North, of Range Thirty (30) West, and running thence North One Hundred (100) feet; thence West One Hundred Thirty-five (135) feet; thence South One Hundred (100) feet; thence East One Hundred Thirty-five (135) feet to the place of beginning. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: January 23, 2023 (Updated with results from PC hearing) SUBJECT: RZN-2022-0054: Rezone (515 S. COLLEGE AVE./NIEDERMAN, 523): Submitted by 3V DEVELOPMENT LLC for property located at 515 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.31 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2022-0054 to City Council with a recommendation of approval based on the findings herein. RECOMMENDED MOTION: `7 move to forward RZN-2022-0054 to City Council with a recommendation for approval." BACKGROUND: The subject property is in south Fayetteville on the west side of College Avenue roughly 100 feet north of the street's intersection with Martin Luther King Jr. Boulevard. The property contains one parcel totaling 0.31 acres and is currently developed with one single-family dwelling which Washington County records indicate was built in 1885. The property lies within the Walker Park Neighborhood Master Plan area, and received its current zoning designation of NC, Neighborhood Conservation as a result of that plan in 2008. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential NC, Neighborhood Conservation South Undeveloped DG, Downtown General East Single -Family Residential NC, Neighborhood Conservation; RI-U, Residential Intermediate -Urban West Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to DG, Downtown General. Public Comment: Staff has not received any public comment regarding this request. INFRASTRUCTURE: Streets: The subject property has frontage along South College Avenue. College Avenue is a fully -improved Urban Center street with asphalt paving, curb, gutter, and sidewalk. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing six-inch water main is present along the west side of College Avenue. Sewer: Sanitary sewer is not available to the subject property. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA-designated floodplain. Additionally, no protected streams or hydric soils are present. Any improvements or requirements for drainage would be determined at time of development. Fire: Station 1, located at 303 W. Center Street, protects this site. The property is located approximately 0.8 miles from the fire station with an anticipated drive time of approximately three 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 one 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 six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district of DG, Downtown General, requires 10% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation, requires 20% minimum canopy preservation. 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. The property is also located within the Walker Park Neighborhood Master Plan area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in the plan which include maintaining a balance of uses and housing, emphasizing connectivity and walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible greenspace throughout the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site with a weighted score of 12.5. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (eight -inch main, E. MILK Jr. Blvd.) • Near Water Main (six-inch main, S. College Ave.) • Near City Park (Walker Park, Jefferson Park) • Near Paved Trail (E. 7th St., S. Willow Ave.) • Near ORT Bus Stop (Route 10, Route 20) • Near Razorback Bus Stop (Route 13) • Within Walker Park Master Plan Area • Sufficient Intersection Density 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: Staff finds the proposed zoning of DG, Downtown General to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, though there are some non-residential uses present around Jefferson Park to the south. When compared to the property's current zoning designation of NC, Neighborhood Conservation, DG would allow for a greater variety of land uses and housing densities. While the only land use permitted by right in NC is single-family dwellings, DG would permit residential uses ranging from single- to multi- family dwellings, and commercial uses ranging from restaurants and offices to small-scale production. The setback regulations are similar in NC and DG zoning. Both districts require a build -to zone between the front property line and a line 25 feet from the front property line, and a five-foot rear setback. A rezoning to DG would reduce the side setback requirement from five feet to zero feet. When considering the density and height requirement of each zoning district, staff finds that a rezoning to DG has the potential to allow for development that is out of character with the surrounding neighborhood. Where NC permits a maximum residential density of 10 units per acre and a maximum building height of three stories, DG has no density limitation and permits a maximum building height of five stories. Land Use Plan Analysis: Staff finds that the proposed zoning is largely consistent with the property's Future Land Use Map designation as a Residential Neighborhood area. The DG zoning district would allow for a mixture of residential densities that are urban in form. It would also allow for a limited number of commercial uses near Jefferson Square, which was identified as a neighborhood core in the Walker Park Neighborhood Plan. A rezoning to DG could support the guiding principal in that plan by balancing land uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable pattern of development than conventional subdivisions. Also, the variety of housing types and commercial uses permitted in DG could enable residents to remain in the Walker Park neighborhood as their housing needs change. Further, the City Plan 2040 Infill Matrix indicates a score of nine for this site, and no environmentally sensitive areas are present, suggesting that this property is an appropriate location for infill. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning from NC to DG may not be justified at this time. The property is currently developed with a single-family dwelling and is located along a portion of South College Avenue that is largely developed with single-family residences. The current development pattern in the area may suggest that NC is the most appropriate zoning designation at this time. Rezoning the property to DG would allow for a greater variety of uses at a much larger scale, which may be out of character with the existing development pattern in this area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to DG has the potential to increase traffic along South College Avenue when considering that the district allows large multi -family and commercial developments by right. However, the size of the property will naturally limit the scale of any future development, and thus reduce any possible impacts on 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 DG has the potential to increase population density, though it is not likely to undesirably increase the load on public services. The property is near existing water and sanitary sewer infrastructure and is close to other public services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0054 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 23, 2023 O Tabled O Forwarded O Denied Motion: Garlock (Second: Sparkman Note: 8-0-0 (motion to den BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.28 — Downtown General o §161.29 — Neighborhood Conservation • Request Letter • Walker Park Neighborhood Illustrative Plan • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 1 5 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; 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. 5735, 1-20-15; 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. 6223 , §1, 9-3-19; Ord. No. 6427, §§l (Exh. C), 2, 4-20-21) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 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 Unit 46 Short-term rentals (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 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 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; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." December 12, 2022 Zara Niederman 3V Development, LLC 632 Bella Vista Rd Bentonville, AR 72712 Jessie Masters Planning Director City of Fayetteville Dear Ms. Masters, I am writing to request a rezoning of 515 S College from Neighborhood Conservation (NC) to Downtown General (DG). This property is in the Walker Park Neighborhood Master Plan (Master Plan) and This property is directly next to the corner of MLK and S College, and nearly diagonal from the Jefferson Center (former Jefferson School). The Master Plan designated Jefferson Square as Neighborhood Core, which is a key area for small commercial and mixed use development. Converting the property from NC to DG would allow for a wider range of uses, both residential and commercial. It would also allow for more smaller units for rather than fewer larger units. This has long been important, but even more so now as population has grown, costs have risen, and household size has decreased over the past decade. We have looked at other zoning options such as Residential Intermediate Urban (RIU) and Neighborhood Services (NS), however, RIU would limit the unit size to 4 units, and no commercial would be allowed by right. NS allows businesses, but has a maximum of 4 residential units, by right, as well as by lot area minimums. Downtown General allows the potential flexibility of small commercial spaces mixed with small residential units. Currently there are small commercial buildings along this stretch of S College in Walker Park Neighborhood, with Crisis Brewery and Flyer Real Estate to the North, Jefferson School to the South, Walker Park Senior Center and the old Church at 1030 S college. In addition, the white cinderblock building at 710 S College was recently rezoned to DG, although it does not yet appear to have become active. This location is across the street from an ORT bus stop, one lot off the highly trafficked MLK Blvd, and approximately 0.5 mile walk to Downtown Square, Walmart Neighborhood Market, and the Mill District, Walker Park, and the Razorback Greenway. Thank you for your consideration Zara Niederman Zara Niederman 3V Development, LLC J 1 Q Subject Property o " • i _ ARKANSAS tll i � u . y U �ay ❑1Q bd 1i r 07�jlr� ' '•. �• eta^ m G� ,dry _ 4t r em_.i s, - n ', �I -o ❑_ til i'�' y =jay I1 yL�.�.a, Y� _ `c �', - t � '° - Ird _ �I �� r �S�• I � � ��s it, T{", 1: fai $�lJ 0 rvp a,�� 3- - mil -I' �. �p'u U t� ec 94 J� c 9�m',l -!kG+� ,.a WALKER PARK NEIGHBORHOOD -ILLUSTRATIVE MASTER PLAN FAYETTEVILLE, ARKANSAS SEPTEMBER 2007 O Existing Building ® Proposed Building Existing Civic Building ..... Study Area Boundary Lam�� RZN-2022-0054 One Mile View J. V •0i 515 S. COLLEGE AVE 0 0.13 0.25 0.5 Miles HIB Subject Property y KIN 1-1 — i MSC 1 —_ ME 0�— ■N INN INN � P-1 15TH iST Regional Link - - - Neighborhood Link _ ------ Institutional Master Plan Regional Link - High Activity Urban Center i- - Unclasaifed - - - _ — Alley — Residential Link ❑ Shared -Use Paved Trail — Trail (Proposed) R r Design Overlay District _ Fayetteville City Limits _ Planning Area _ _ _ r: Planning Area Fayetteville City Limits ----U ORTH RSF-4 i RSF-8 Zoning �I-2 General lntluatriel RESIDE NTIALSINGLE-FAMILY EXTRACTION III NS-G 11 E-1 III RI-u COMMERCIAL RI-12 ResltleniiaFOfice �ResltleMlal-�dWIW21 �G-2 RSF-.a �C3 RSF-t FORM BASED DISTRICTS RSF-2 � Oownbwn Core RSF1 Uman Th—ughrare RSF-] Minn...t Center RSF-a Osxniown General RSF-18 Communiry Services RESIDENTIAL MULTI -FAMILY Neighborhood Services RMF-e III Neighb—.d ConservMion RMF-tz PLANNED ZONING DISTRICTS RMF-19 ii Commercial, Intl. —I, Resldentlal ii RMF-2a INSTITUTIONAL ii RMF-0a INDUSTRIAL I-1 Heavy Commert-rd Light lndt.—1 RZN-2022-0054 515 S. COLLEGE AVE Close Up View w Q z O [RSF-�18V Z v 4TH,ST � �yQ 0 a O� m � V � 4TH ST a a w Subject Property I 5TH ,ST w a w w J J O U MARTIN LUTHER KING JR BLVD NC DG 7TH ST w Norm Q O C) P-1 (9 O z J = m RI-U co co NORTH Neighborhood Link Zone Current Proposed Urban Center NC 0.3 ac 0.0 ac Unclassified DG 0.0 ac 0.3 ac Residential Link Feet Design Overlay District Planning Area 0 75 150 300 450 600 �- - -� Fayetteville City Limits 1 .2,400 Total 0.3 ac RZN-2022-0054 Future Land Use 515 S. COLLEGE AVE W > a W±a Q Y r� 0 D.�lE�>L City P'�-v� = m GN��p'�. U P& Neighborhood SO SOUTH,ST W W 4TH ,ST—a J W w I LU Subject Property 5TH______ v.STHSST u TLU i r on I Q x MARTIN LUTHE KING JR BLVD x i 7TH.ST I J a ORTH R WALKER.RD L O�� O41 NaturalL4-nW4 >T a z O I— L') _z x CO I I W W Q Residential Civic L Z Neighborhood Institutional Y O ,' " " `' V Civic and � • 0 Private i 9TH-ST—K- - - - - - - -nC • m Open Space I V) r- O • m 10TH STA__, m Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link 1 Planning Area _ 1 Fayetteville City Limits Trail (Proposed) Design Overlay District Feet 0 145 290 580 1:4,800 .I M City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 870 1,160 Residential Neighborhood Rural Residential Urban Center Received 02/23/2023 4:54 p.m. from Z. Niederman BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") '��i Qy fie, L LL , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. f;. 5J S S Co`ke-c�c Ave1. The use of Petitioner's property shall be lirrrited to 6Se-, cA owe,( 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by ordinance of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office along with Petitioner's rezoning ordinance and shall be noted on any Plat, Large Scale Development, Large Site or Small Site Improvement Plan, or other development authorization which includes some or all of Petitioner's property that is subject to the rezoning ordinance and this Bill of Assurance. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, N1C-4-Cr~r-- , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Name ?: � Address ( 2- Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON } 2 And now on this the 73rA day of rwoyv=, 20 , appeared before me,t2el4a JO a Notary Public, and after being placed upon his/her oath swore affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: &A . 25 no 21 NOTARY PUBLIC MELISSA DELGADO Notary Public - Arkansas Washington County Commission # 12702602 y Commission Expires Oct 28, 2027 FMm 7 RECEIVED MAR 2 0 211:7 FFICE NORTHWEST ARKANSgS 'Cl1YUMO Democrat V65azette AFFIDAVIT OF PUBLICATION I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as Stated below. City of Fayetteville Ord 6650 Was inserted in the Regular Edition on: March 12, 2023 Publication Charges: $89.68 A Paola Lope Subscribed and sworn to before me Thhiis(1(p day of h�, l2023. /" Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be Sent. � wte"i 'abbe-Arkatrsas WagCreamy Camm.,vuvoa 0 12721466 v Commattla� °xm•�• Hpv 28, Z032 Ordinance: 6650 File Number. 2023-442 APPEAL RZN 22-054: (515 S. COLLEGE AVE.INIEDERMAN, 523): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-054 LOCATED AT 515 SOUTH COLLEGE AVENUE IN WARD I FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL, SUBIECr TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCn OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section]: That the City Council ofthe City of Fayetteville, Arkansas hereby changes the mite clasofteetien attic propem shown nit the map (Exhibit A) and the legal description (ExWbit B) both attached to the Planning Departrnent's Agenda Memo from NC, Neighborhood Coreservatian to DO, Dawnrhr n General, subject to a bill of ass., Seeion2: That the City Council offhe City of Fayetteville, Adratsu hereby amends ate official awning map ofthe City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on March 7, 2023 Approved: Untold Jordan, Mayor Ataca Kara Penitent, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer often City of Fayetteville, Arkansas. Amos i paid: $89.68 75662353 March I2, 2023