August 10, Hotz Dr Fayetteville, AR Dear Ms. Smith

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1 August 10, 2016 Zara Niederman 1530 Hotz Dr Fayetteville, AR Dear Ms. Smith I am writing to let you know of my interest in appealing to the City Council the recent Planning Commission vote on the rezoning of 335 E. 7 th St from NC to DG. The Commission did not give me the opportunity to see if I would consider changing my request at all, and if I would like to table the request. One commissioner who was supportive of the proposal made a motion in favor of supporting the request. The vote was tied 4 4 with one commissioner abstaining. I would like the opportunity to discuss this request in front of the City Council, without having to submit another application to rezone it to a different classification. Kind Regards, Zara Niederman Zara Niederman

2 City of Fayetteville Staff Review Form Jeremy Pate Submitted By Legistar File ID 9/6/2016 City Council Meeting Date Agenda Item Only N/A for Non Agenda Item 8/12/2016 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN : Rezone (335 E. 7TH ST./NIEDERMAN, 563): Submitted by ZARA NIEDERMAN for property at 335 E. 7TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.23 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. 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 $ Must Attach Completed Budget Adjustment! Previous Ordinance or Resolution # V Original Contract Number: Approval Date: Comments:

3 MEETING OF SEPTEMBER 6, 2016 TO: THRU: FROM: Mayor, Fayetteville City Council Andrew Garner, City Planning Director Quin Thompson, Planner DATE: August 12, 2016 SUBJECT: RZN : Rezone (335 E. 7 TH ST./NIEDERMAN, 563): Submitted by ZARA NIEDERMAN for property at 335 E. 7 TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.23 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommended denial of RZN , finding that the requested zone allows land uses that would be inappropriate in this location. The request was denied at with a vote of The applicant has appealed the decision to the City Council. BACKGROUND: The subject property is located at 335 E. 7 th Street in the Walker Park Neighborhood and contains approximately 0.23 acres (10,018 Square Feet) within the NC zoning district. The property contains a 1,181 square foot single-family residence dating to Request: The applicant s request is to rezone the parcel from NC, Neighborhood Conservation to DG, Downtown General as shown in Exhibit A and Exhibit B to allow for mutli-family residential development. Public Comment: Staff has received no public comment, and none was presented to the Planning Commission. Land Use Compatibility: The proposed zoning is incompatible with the surrounding mixture of single and multi-family residential uses. The proposed zoning would allow a wide variety of commercial uses that could have negative impacts on the existing residential neighborhood, when proposed at this mid-block location surrounded entirely by residential use. Additionally the DG zoning would allow a 56-foot tall apartment building that would be incompatible in scale and mass with surrounding established residences. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Complete Neighborhood Plan: Walker Park Neighborhood. The plan sought to preserve singlefamily neighborhoods while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent in some respects with the Walker Park Plan and the City s overall goals to promote infill and a variety of housing types and densities in the same neighborhood,

4 however staff finds that while commercial zoning districts are appropriate within residential areas in certain circumstances, particularly on corners and where commercial activity has been present historically, it is not compatible in this entirely residential mid-block location. DISCUSSION: On, Planning Division staff recommended against a rezone, stating that the rezone would not be in line with the Walker Park Neighborhood Plan and would be incompatible to adjoining properties. The had differing opinions about the appropriateness of the request, with Commissioners arguing that infill development was a top priority, while others felt that the proposed zone was not consistent with the Walker Park Neighborhood Plan, a document that was developed with input from neighborhood residents. Commissioner Hoffman made a motion to recommend approval of the request; the motion was seconded by Commissioner Quinlan. The motion failed with a vote of (Commissioners Cook, Autry, Hoskins, and Brown voted no and Commissioner Quinlan abstained.) BUDGET/STAFF IMPACT: N/A Attachments: Appeal Letter Exhibit A Exhibit B Application Staff Report 2

5 !! Shared!!!!!!!!!!!! RZN Close Up View EXHIBIT 'A' NIEDERMAN N HUNTSVILLE RD RSF-8 WILLOW AVE DG MARTIN LUTHER KING BLVD Subject Property 7TH ST RPZD GRACE AVE NC RSF-18 WOOD AVE RMF-18 FAIRLANE ST JANELLE AVE Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Building Footprint Feet inch = 200 feet RSF-8 RSF-18 RMF-12 RMF-18 Downtown General Neighborhood Conservation Commercial, Industrial, Residential

6 Legal Description EXHIBIT 'B' Proposed Conversion from NC to DG 335 E 7 th St: Washington County Parcel ID: PT LOT 15 FURTHER DESCRIBED FROM DEED AS: PART OF LOT NUMBERED FIFTEEN (15) IN EASTGATE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT AND RUNNING NORTH 136 FEET, THENCE EAST FEET, MORE OR LESS, THENCE SOUTH 136 FEET TO THE SOUTH LINE OF SAID LOT 15 THENCE WEST FEET, MORE OR LESS TO THE POINT OF BEGINNING.

7 REZONING FOR STAFF ASE ONLY Date Applicat ion Subn itted: Date Accepteil as Co plete: Case / Appeal Nwr.ber Public Heanng Date: FEE: Sisn Fee: t5.00 J.I.R: Zone: Please 6ll out this form complelely, suppling all nec ssary iflformation and docurnentation to support your r qu st. Your application wir not be place.l ott the Planning Com issiorl agen lo uttil this infontdliott is funished Application: Indicate otre conticrt pe.3on for thb requ$t: ---!Z- Applicrnt Repreient{tlve,lpplicant (penon maktng rcquest): trarne: 7"r,, [/, e f,er,t rr, - Reprcsedunve (englnze4 sanelot, reahor, e,c): Name: Phone: ( q1,\ 1c'1-2 tli () Fax: () site Address / Location: 33S e. fi^ S\ Phone; () Fax: -7AS- O'iEtjl-ooo Cunent Zoning District: c R qu sted zoning Dist ict: t L\'alrLts-bd) Ass ssor's Parcol Numbe(s) for subject property: D6 FINANCAL INTERESTS The follo$ing entines and / or people have financial interesl in lhis project: 7"..- Ato.lo,w"'r-, Electronically Signed using esignonline [ Session ID : 3c9c6bb3-2fa a95e-ae94504c828a ]

8 APPLICANT / REPRESENIAIIZE: I certiry under penalty ofpe.jury that ihe foregoing statements snd ans* rs herein made all data. information, and eviderue herewith submitted are in all respects, to th best ofmy knowledge and beliei truc add con ct. I undeniand that submiltal ofinconecl or false information gromds for invalidation ofapplication completeness, determilation, or approval. I unders6nd that rhe City might not approve what I am applying for, or night set conditiolls on approval. Name (rrinted): Zqa N.ncl.Q.^*..,^n e lzgllt PROPERTY OWNEh6) / 'IA EORIZED AGEN r: I/ve certiry undcr p nalty ofpeiuly $at I ardlpe are the owne(s) ofthe propcny lhat is thc subject ofthis application and that I/we have rcad lhis application and consent lo its filine. (fsisrred br th. authotizzd agenr, a lettcrlmnt.ach properry ovnet nust be pnvided indi.ating that th. 4gena is aulhoria..l to tct on hiihcr heha$,) Pnpery OwE..s of Rccod (attach additiono, iajo if n ccrsadl Name (prinled): Sirn^hrF' Dare: Ryan Russell Ryan Russell 6/27/2016 9:12 AM CDT Phone: () 1685 N. Broadview Dr Fayetteville, AR (479) \1mc rh;nrfd' Srgrarurc: 7th St Trust, Zara Niederman Trustee Zara Niederman 6/27/2016 5:47 AM CDT Phone: () 1530 Hotz Dr Fayetteville, AR Rezoning Checklistl Attach thefollowing ite, s to this application: (1) Payment in firll ofapplicable fees for Focessing the application: (2) (3) (4) $ application fee $5.00 public notification sign fee A legal description of the property to be rezoned. A survey may be required if the prop rty description can not accurately be platted or if it is described by refening to other deeds. CD containing a copy ofthe tegal description in MS Word and all required submittal items should be also included on lhe CD in PDF format. A copy ofthe county parcel map fiom the Washington County Assessor's ollfice or from the Washington County website ( ). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, o{iicial mailing address, ard the parcel number for every adjacent Fop rty shall be shown on this map. Electronically Signed using esignonline [ Session ID : 3c9c6bb3-2fa a95e-ae94504c828a ]

9 CITY OF,f\.-. oll Iayercvxrc PLANNING COMMISSION MEMO TO: THRU: FROM: MEETING DATE: SUBJEGT: City of Fayetteville Andrew Garner, City Planning Director Quin Thompson, Current Planner August 8,2016 RZN : Rezone (335 E.7rH ST./NIEDERMAN, 563): Submitted by ZARA NIEDERMAN for property at 335 E.7rH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.23 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends RZN be denied, finding that the requested zone allows land uses that would be inappropriate in this location. BACKGROUND: The subject property is located at 335 E. 7th Street in the Walker Park Neighborhood and contains approximately 0.23 acres (10,018 Square Feet) within the NC zoning district. The property contains a 1,181 square foot single-family residence dating to Surrounding land use and zoning is depicted on Table 1. Table 1 Land Use and Zon Direction from Site Land Use Zoninq North Two-Familv Residential RMF-1 2, Residential Multi-familv South Undeveloped/Sinqle-Familv Residential NC, Neiqhborhood Conservation Requesf; The request is to rezone the property from NC, Neighborhood Conservation to DG, Downtown General. The applicant has stated that the rezoning is needed so that the property can developed with multi-family housing. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to East 7th Street. This road is improved along the subject property's frontage with curb and sidewalk. Any required improvements to this street will be determined at time of development. Water: East Sinqle-Familv Residential NC, Neighborhood Conservation West Sinqle-Family Residential NC, Neiqhborhood Conservation Public water is available to the site. A 1.5" water main runs along the parcel frontage in 7th Street. Mailing Address: 113 W. Mountain Street Fayetteville, AR ayettevi lle- a r. Agenda govitem 8 Page 1 of 15

10 Sewer: Public sewer is available to the site. An S" sewer main stubs out to the eastern portion of the property frontage in 7th Street. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portions of this parcel lie within the FEMA designated 100-yr floodplain. No protected streams are present on this parcel. No portion of this parcel lies within the HHOD, nor contains areas of 15o/o or greater slope. Fire: Police: The Fire Department did not express any concerns with the request. The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates fhis sde as a Complete Neighborhood Plan: Walker Park Neighborhood. A central goal of the plan was to preserue single-family neighborhoods while encouraging additional housing types and a mx of uses. A diqital copv of the adopted document has been provided separatelv. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends RZN be denied, finding that the proposed zoning allows development incompatible with the existing adjacent uses and inconsistent with the Future Land Use Plan. PLANNING COMMISSION AGTION: Required YES Date: Auqust D Tabled Cl Forwarded D Denied : Second: Vote: lty COUNCIL AGTION: Required YES Date: September D Approved B Denied 1. 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 proposed zoning is incompatible with the surrounding mixture of single and multi-family residential uses. The proposed zoning would allow a wide variety of commercial uses that could have negative impacts on the existing residential neighborhood, when proposed at this mid-block location surrounded entirely by residential use. Additionally the DG zoning would allow a 56-foot tall apartment building that would be incompatible in scale and mass with surrounding established residences. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Gomplete Neighborhood Plan: Walker Park Neighborhood. The plan sought to preserve single-family neighborhoods G:\ETC\Development Services Review\201O\Development Review\ RZN 335 E. 7th St. (Niederman) 563\03 Planning Commission\ \Comments and Redlines Page 2 of 15

11 while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent in some respects with the Walker Park Plan and the City's overall goals to promote infill and a variety of housing types and densities in the same neighborhood, however staff finds that while commercial zoning districts are appropriate within residential areas in certain circumstances, particularly on corners and where commercial activity has been present historically, it is not compatible in this entirely residential mid-block location. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is not justified at this time, as the proposed zoning will allow potentially incompatible infill development and land use in an area with a typically residential character. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to 7th Street, a partially improved local street. The rezoning would allow a variety residential uses, as well as commercial use which may increase slightly, but the size of the lot does not allow for development that is likely to 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 DG would not undesirably affect density or load on public services. The Police and Fire Departments have expressed no objections to the proposal. 5. lf 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: Finding: N/A BUDGET/STAFF IMPAGT: None a. lt 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. Aftachments:. Unified Development Code sections & Request Letter G:\ETC\Development Services Review\2016\Development Review\ RZN 335 E. 7th St. (Niederman) 563\03 Planning Commission\ \Comments and Redlines Page 3 of 15

12 . One Mile Map, Close-Up Map, Current Land Use Map, Future Land Use Map Under separate cover:. Walker Park Master Plan Vision Document ' Walker Park Master Plan lllustrative Plan G:\ETC\Development Services Review\2Ol6\Development Review\ RZN 335 E. 7th St. (Niederman) 563\03 Planning Commission\ \Comments and Redlines Page 4 of 15

13 Fayetteville, AR Code of Ordinances Page 1 of 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 Si ngle-fami ly dwel I i ngs Unit 9 Two-family dwellings Unit 10 Th ree-fa mi ly dwel lings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 M u lti-fam i ly dwel li ngs Unit 44 Cottage Housing Development about:blank Page 5 of 15 8/3/20r6

14 Fayetteville, AR Code of Ordinances Page2 of 6 Unit 45 Small scale production 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) ConditionalUses. Unit 2 City-wide uses by conditional use permit Unit 3 Pu blic protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. about:blank Page 6 of 15 8t3t20r6

15 Favetteville. AR Code of Ordinances Page 3 of6 Dwelling (all unit types) (2) Lot Area Minimum. None. (E) SetbackRegulations. 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. 500/o of lot width. (G) Building Height Regulations. Building Height Maximum (Ord. No. 5028, : Ord. No. 5029, ; Ord. No. 5312, ; Ord. No. 5462, ; Ord. No.5592, ; Ord. No.5664, ;Ord. No.5735, ; Ord. No (Exh.A) s) about:blank Page 7 of 15 8t3t20r6

16 Fayetteville, AR Code of Ordinances Page 4 of 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-fami ly dwel lings Unit 41 Accessory dwellings (2) Conditrona/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) family dwellings Unit 12 Limited business* Unit 24 Home occupations about:blank Page 8 of 15 8t3t20r6

17 Fayetteville, AR Code of Ordinances Page 5 of6 Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cottage Housi ng Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum.4,000 square feet (E) SetbackRegulations. 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 about:blank 813/20r6 Page 9 of 15

18 Favetteville. AR Code of Ordinances Pase 6 of6 Rear, from center line of an alley (F) Building Height Regulations. Building Height Maximum (Ord. No.5128, ; Ord. No.5312, ; Ord. No.5462, 12-6-'11; Ord. No.5592, ; Ord. No. 5664, ; Ord. No (Exh. A) ) about:blank r6 Page 10 of 15

19 REZONING APPLICATION - Additional ltems a) Current Ownership is Homestead lnc. lt is currently under contract to be sold to 7th St Trust b) c) d) e) The proposed zoning would allow for "Missing Middle" type housing as opposed to a single family home in a location that is considered a neighborhood hub of the Walker Park Master Plan. Neighborhood Conservation requires 90' of frontage for a 3 or more units. This is true of Neighborhood Services and any of the Residential Multi-Family zoning districts. The surrounding zoning is primarily NC which is primarily a single family residential district. However, the two properties on the East and West are both multi-family and the lots across the street are also multi-family. Much of the surrounding area just North, East and West is zoned Downtown General. The traffic should not be heavily impacted as 7th St is not a heavily used street, and the number of cars added should be minimal. In terms of appearance and signage, Downtown General is a Form Based code, like Neighborhood Conservation, and will have minimal front setbacks with parking in the rear of the property. Currently there is 8" Sewer on the East side of the property and 6" Sewer on the West side. There is a 16" ClP Waterline across the property. The Future Land Use Map shows that this is part of the Walker Park Master Plan neighborhood. The proposed zoning is consistent with the City Plan 2030 and allows for appropriate infill and revitalization and advances Fayetteville's goal to grow a livable transportation network. The proposed rezoning is needed to allow for a transit-ready neighborhood in the Walker Park neighborhood. lt is justified by the proximity to a major transportation corridor (MLK), Walker Park and the not-yet restored status of Jefferson Elementary as a neighborhood center. As appropriate infill development is one of the City of Fayetteville's stated goals, this rezoning helps allow appropriate infill. s) h) i) The proposed zoning will not appreciably increase traffic danger or congestion. The proposed zoning will increase density minimally, but should not appreciably change the load on public services. A moderate increase in density increases the operating and/or maintenance efficiencies of public service. Currently it is zoned as NC which only allows single family homes by right. All of the surrounding properties are multi-family. A two-family home would require 80 feet of frontage, and a 3-family home would require 90 feet. This property has approximately 68 feet of frontage. Page 11 of 15

20 RZN lrltmffi Miles llle ffe==ef Itil ru IrI I &* RSF-18 Legend RESIOEilTIAL SINGLE-FAilILY S* R6i&nlbLAgftuhu6l EXTilCTION IE1 COMMERCIAL l:: j PtanningArea l:: j Fayetteville city Limits..., Shared Use Paved Trail rrr rrr i Trail (Proposed) Building Footprint f--_l rayetteville City Limits rq RESIDENTIAL MULI-FAMILY I trr2 Resdeda lwo ad t. e-hmiy l* RMF.24 RMFro I INOUSTRIAL t1 Heavy Codmercdr ad LEhrrdGtial 4* L2 Gone6r lhdustial Zc.2 -c.3 FORil BASED DISTRICTS Itudryn corc IUdan Thoougtrare Itudwn cenerar Iconmudry serwces Nerghborbod S ruc6 Ne'qhbo.hod cdserelion PUNNEO ZONTNG OrSfRrCrS I Page 12 of 15

21 RZN Future Land Use NIEDERMAN ^A, NORTH,. 'v)^ tlj? "?, \A ry^ 'a =J J = MARTIN LUTHER KING BLVD Subject Property til uj 7TH ST x. UJ o o = FAIRLANE ST U U J U z - Legend l- - j PlanningArea I - -l Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet inch = 200 feet FUTURE LAND USE 2O3O Resrdentral Nerghborhood Area Complete Neighborhood Plan Page 13 of 15

22 Page 14 of 15

23 RZN Close Up View NIEDERMAN ^l' NORTH uj e =J J = 2"^ RSF-8 Xq Subject Property Legend Pranning l::: Area l: j Fayetteville City Limits - Shared Use Paved Trail Trail (Proposed) Building Footprint Feet inch = 200 feet RSF-8 RSF-1 8 RMF-12 :..:,,*1 RMF-18 I I Downtown General ul UJ J uj z - Neignbornood Conservation ::l.r,ir' Com mercial, Industrial, Residential Page 15 of 15

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