HomeMy WebLinkAbout2024-659
Fondren, Chanci
From:Ginny Masullo <masullo.ginny1@gmail.com>
Sent:Monday, November 18, 2024 2:47 PM
To:Agenda Item Comment
Cc:Ginny Masullo
Subject:1893 Rupple Road RZN
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
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Dear Council Members,
The decision being made on RZN of 1893 Rupple Road is not upon the owner’s proposal, which does not
include a letter of intent, but upon the question is this appropriate zoning for this one acre. Zoning from RSF
1 to RI-U seems like a big jump in possible density since RUI allows a minimum of 18 ft wide lots.
I hope that you will read below the rest of my concerns as an adjacent neighbor to 1893 Rupple.
Thank you for your hard work for our wonderful town. I support the 2040 plan. I don’t envy you for the task of
implementing it for the future of our city and at the same time honoring the current residents who pay property taxes
and have concerns that may seem to challenge the plan.
Regarding 1893 Rupple Road since the owner did not return my call and no letter of intent is being offered I speak now
to the plan as outlined by the realtor to nearby residents which is to build 4 two story houses around an existing three-
bedroom home on this acre.
The plan entails seeking ingress through an alley owned not by the city but by the residents in Oakbrook. I confirmed
this with Jonathn Curth in City Planning who said in an email that,
“The records I have available indicate that the rear driveway serving 3969-4065 W, Starry Night View is on private
property and not public right-of-way. At least a portion of it was dedicated in an access easement in 2019 when the
developer adjusted property lines between 4011, 4021, and 4039 West Starry Night View, but this does not extend to
Conrad property being proposed for rezoning. In other words, unless there is additional documentation dedicating the
rear driveway within an access easement that extends to the property line with the Conrad property, I do not see any
indication that development of that lot can tie-in to the existing rear driveway. That said, an easement could have been
dedicated by the developer of Oakbrooke without the City’s knowledge or a clause included in the subdivision’s
covenants, but that is not information I have.”
While I recognize that there could be much worse zoning requests, what I am having a hard time with this one is the
potential of 18 ft lots on this one acre.
Perhaps a site visit by council members is in order. To the best of my knowledge, no site visit was made by City
Planning or the Planning Commission. Perhaps a different zoning would be more appropriate if possible? It looks like
from the questions answered by Jonathan Curth of City Planning below, that RSF 8 and possibly RSF 4 would be
feasible. I don’t understand planning enough to know but I am asking the question.
Again, I appreciate and respect your work for our city and its citizens,
Ginny Masullo
1
1837 Rupple Road
Fayetteville AR 72704
Addendum
Email from Jonathan Curth who was copied on an email I sent to Kylee of City Planning
Thank you for including me given my role representing the item for staff at Council. I reviewed the questions, conferred
with Kylee, and have responses below to offer in red.
Please let me know if you have questions or need clarification.
Thanks again,
Jonathan Curth, AICP
Development Services Director
Development Services Department
City of Fayetteville, Arkansas
jcurth@fayetteville-ar.gov
479.575.8308
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From: Ginny Masullo <masullo.ginny1@gmail.com>
Sent: Wednesday, November 13, 2024 11:32 AM
To: Cole, Kylee <kcole@fayetteville-ar.gov>
Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>
Subject: RZN -2024-0049. 1893 N. Rupple Road.
I have some more questions for you regarding the 1893 N. Rupple rezoning request.
1. The applicants have stated that they want to seek ingress from the alley that is in the Oakbrooke addition directly to
the WEST of 1893 Rupple.
Who owns the alley? The city or the residents? The records I have available indicate that the rear driveway serving
3969-4065 W, Starry Night View is on private property and not public right-of-way. At least a portion of it was
dedicated in an access easement in 2019 when the developer adjusted property lines between 4011, 4021, and 4039
West Starry Night View, but this does not extend to Conrad property being proposed for rezoning. In other words,
unless there is additional documentation dedicating the rear driveway within an access easement that extends to the
property line with the Conrad property, I do not see any indication that development of that lot can tie-in to the
existing rear driveway. That said, an easement could have been dedicated by the developer of Oakbrooke without the
City’s knowledge or a clause included in the subdivision’s covenants, but that is not information I have.
2. Could the 1893 N Rupple one plus acre be zoned RSF 8? If not, why ? Yes, if the applicant elected to amend their
request or the Council approves an alternative, this could include RSF-8.
3. If not RSF 8 then what other zoning choices are there? If there are no other zoning choices please explain in detail
why. There is no restriction on what an applicant can request. The Council’s ultimate approval or denial is the
determinant whether zoning is changed. There are about 30 zoning designations in Fayetteville, including residential,
commercial, industrial, and mixed-use districts. The applicant is better placed to comment on why they ultimately
proposed RI-U and why other zoning districts were not proposed.
2