HomeMy WebLinkAboutOrdinance 1624 A
ORDINANCE N0. 1624
'68 OCT 18 9N 1: 53
AN ORDINANCE AMENDING ZONING ORDINANCE NO . 1239 , PASSED AND Af+g;MV JM`TY3 ,
1960 , AS AMENDED, TO PERMIT FRATERNITY AND SORORITY HOUSES WITHIN THE' 'R4 . .
R-3 , and R-4 TONING DISTRICTS UPON APPLICATION TO THE PLANNING COMMISSION ; AND
ESTABLISHING STANDARDS AND CONDITIONS THEREFOR.
WHEREAS , because of the anticipated need for additional fraternity and
sorority housing in the vicinity of the University of Arkansas , the University ' s
decision not to provide for such housing ; and other competing land uses around
the campus , the Planning Commission of the City of Fayetteville , Arkansas has
undertaken a study of the long range problems of zoning for this particular use , and
WHEREAS , Ordinance No . 1239 , as amended , the Zoning Ordinance , now permits
fraternity and sorority uses only in the R-4 zoning district , and
WHEREAS , pursuant to the provisions of Article IX , Section 3 of Ordinance
1239 , establishing the procedure for the initiation of an amendment to the Zoning
Ordinance by the Planning Commission , the Planning Commission adopted Resolution
PC30-68 detailing proposed amendments to said Zoning Ordinance and calling a public
hearing to consider same , and
WHEREAS , said resolution , together with related materials , was filed in the
Office of the City Clerk , and notice of said public hearing , setting forth the
date , time , place and purposes of said hearing and detailing said proposed amend-
ments was published in the Northwest Arkansas Times , a newspaper of general circu-
lation in said City , more than 15 days prior to said public hearing , and
WHEREAS , on September 17 , 19689 the date set for said public hearing , a pub-
lic hearing was held before the Planning Commission of the City of Fayetteville ,
Arkansas for the purpose of considering the proposed amendments of Zoning Ordi-
nance No . 1239 as detailed in Resolution NO . 30-68 , and following said public hear-
ing said Planning Commission certified to the Board of Directors of the City of
Fayetteville , Arkansas , its recommendation that an ordinance be adopted , amend-
ing as hereinafter set forth Sections 3 , 4 , and 5 of Article V of Zoning Ordinancd
No. 1239 , as amended , to permit fraternity and sorority houses within the R-2 ,
R-3 , and R-4 Zoning Districts upon application to the Planning Commission and to
provide standards and conditions therefor .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS of the City of
Fayetteville , Arkansas :
SECTION 1 . Article V, Section 3 is amended by adding at the end of subsection
2 the following new subsection :
"2 . a. Uses permissible Upon Application to the Planning Commission.
Fraternity and sorority houses , s Tett to the following stan rds and conditions :
a . Density - at least 1 ,000 square feet of land shall be required for each
resident to be housed.
b . Open space - no more than 33 1/ 3 per cent of the lot shall be occupied
by structure .
MICROFILMED
^� q DATE OCT i
REED
i 1416
DEED 144 PACE313 _
2
C. Area and bulk - only one ( 1 ) principal building shall be located on
the site , which shall be subject to the following requirements :
Minimum depth of front yard . , . 25
Minimum depth of rear yard . , , 30
Minimum side yard on each side . 20
Minimum side yard along an intersecting
street , except where the site fronts on
the side ( intersecting ) street , in which
case the side yard requirements shall be the
same as for the front yard . . . , , . . 20
d, Off-street parking - one parking space shall be provided for each resident .
e . Other standards and conditions - in addition to the above standards ,
the Planning Commission shall consider the following factors in
deciding whether to grant the application :
1 . Provision of adequate ingress and egress to the parking area .
2 . The traffic problems which may be created by the use .
3 . The extent of interference with surrounding land uses .
4 . The provision of adequate screening , fencing , or landscaping
to protect adjacent property ,
f. Procedures an any party or parties desiring to make an application under
this subsection shall
1 . Comply with the fee and public hearing requirements of Article IX
( Amendment ) of the Zoning Ordinance ; and
2 . Furnish to the Planning Commission at least 15 days prior to the
public hearing a site plan sufficiently detailed to show com-
pliance with the above standards and conditions , In the event
the application is approved , no substantial variation from the
said site plan may be made without formal approval of a majority
of the Planning Commission.
g, Appeal Procedure - Same as in Article VIII , Section 6 , for appeal
from Board of Adjustment decision . "
SECTION 2 . Article V , Section 4 is amended by adding at the end of sub-
section 2 the following new subsection :
"2 . a . Uses Permissible Upon Application to the Planning Commission.
Fraternity and sorority houses subject to t eking Stan ards and conditions :
a . Density - at least 500 square feet of land shall be required for each
resident to be housed.
b . Open space - no more than 33 1/ 3 per cent of the lot shall be occupied
by the structure .
c. Area and bulk - only one ( 1 ) principal building shall be located on
the site , which shall be subject to the following requirements :
Minimum depth of front yard . . 25
Minimum depth of rear yard , , 25
Minimum side yard on each side , 20
DEED l44 PACE314
3
Minimum side yard along an intersecting
street , except where the site fronts on
the side ( intersecting ) street , in which
case the side yard requirements shall be
the same as for the front yard . . . . . . 20
d. Off-street parking - one parking space shall be provided for each
resident .
e . Other standards and conditions - in addition to the above standards ,
the Planning Commission shall consider the following factors in
deciding whether to grant the application :
1 . Provision of adequate ingress and egress to the parking area.
2 . The traffic problems which may be created by the use .
3 . The extent of interference with surrounding land uses .
4 . The provision of adequate screening , fencing , or landscaping
to protect adjacent property .
f. Procedures - any party or parties desiring to make an application
under this subsection shall
1 . Comply with the fee and public hearing requirements of
Article IX ( Amendment ) of the Zoning Ordinance ; and
2 . Furnish to the Planning Commission at least 15 days prior
to the public hearing a site plan sufficiently detailed
to show compliance with the above standards and conditions .
In the event the application is approved , no substantial
variation from the said site plan may be made without
formal approval of a majority of the Planning Commission . "
g. Appeal Procedure - Same as in Article VIII , Section 6 , for appeal
from Board of Adjustment decision . "
SECTION 3. Article V , Section 5 is amended by deleting the words "fratern-
ities and sororities" from the first unnumbered paragraph of said Section and by
deleting the words "Fraternity or sorority houses " from subsection l . b . , and
further amended by adding at the end of subsection 2 the following new subsection :
112 . a. Uses Permissible Upon Application to the Planning Ca=ission .
Fraternity and sorority ouses s sect to t e ollowing standards and conditions :
a . Density - at least 500 square feet of land shall be required for each
resident to be housed.
b . Open space - no more than 33 1/ 3 per cent of the lot shall be occupied
by the structure .
c , Area and bulk - only one ( 1 ) principal building shall be located on
the site , which shall be subject to the following requirements :
Minimum depth of front yard . 25
Minimum depth of rear yard . 20
Minimum side yard on each side . . . . 20
DEED 744 PACE315
4
Minimum side yard along an intersecting
street , except where the site fronts on
the side ( intersecting) street , in which
case the side yard requirements shall be
the same as for the front yard . . . . . . 20
d. Off-street parking - one parking space shall be provided for each
resident .
e . Other standards and conditions - in addition to the above standards ,
the Planning Commission shall consider the following factors in
deciding whether to grant the application :
1 . Provision of adequate ingress and egress to the parking area.
2 . The traffic problems which may be created by the use .
3 . The extent of interference with surrounding land uses .
4 . The provision of adequate screening , fencing , or landscaping
to protect adjacent property .
f. Procedures - any party or parties desiring to make an application under
this subsection shall
1 . Comply with the fee and public hearing requirements of Article IX
(Amendment ) of the Zoning Ordinance ; and
2 . Furnish to the Planting Commission at least 15 days prior to the
public hearing a site plan sufficiently detailed to show compliance
with the above standards and conditions. In the event the application
is approved , no substantial variation from the said site plan may
be made without formal approval of a majority of the Planning
Commission.
g. Appeal Procedure - Same as in Article VIII , Section 6 , for appeal from
Board of Adjustment decision . ''
SECTION 4 . That the City Clerk is hereby authorized and directed to cause
the amendments hereby adopted to be incorporated and published in the supplements
to Appendix A of the Code of Ordinances , City of Fayetteville , Arkansas ,
SECTION 5 . All ordinances or parts of ordinances in conflict herewith are
hereby repealed, and this ordinance shall take effect from and after its passage ,
approval and publication .
PASSED AND APPROVED this 14th day of October , 1968 .
APPROVED : N
DON TR ` 0 , MAYOR
ATTEST :
�
GEORGE J . DAVIS , CITY CLERK
DEED
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I , GEORGE J . DAVIS , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
o
foregoing is a true and correct copo of the _ .
p
• 49A 641 , therein set forth, and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volupje 9 at Page 0,; thereof.
IN WITNESS WHEREOF, I have hereunto met
my hand and affixed my official seal this
day of . 19 l .
CLERKCITY
I � 17
DEED 4 FACE
CERTIFICATE OF RECORD
ST'.TE OF ARKANSAS ]
Washin3ten County I SS.
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Offtcto Recorderfor -
Washington County, do hereby certify that the annexed or fore,
Going instrument was filed for record in my office on the /9 day
of OCT l�at�9o'clock Al M, a d the same is
duly recorded in c�record_�at page
Witness my hand and seal this�day of
lg
ALMA KOLLM-EY ER
Circuit Clerk and
Ex.Of'icio ecor e
By
.ou ; Clerk
..• ORDINANO[ NO. 1W
AN ORDINANCE AMENDING '
ZONING ORDINANCE NO. 1231). -
PASSED AND APPROVED JUNE.
Ill: AS AMENITED, TO ' PER-
MIT FRATERNITY AND, SORORI-
TY HOUSES WITHIN THE R-2, STATE of ARKANSAS 1
R-0, and R-4 ZONING DISTRICTS Jt 83.
PLAN APPLICATION TO THE Cou OF Wit IngtOy
PLANNING COMMI391ON; AND (/V},'f\I
ESTABLISHING STTNDAR DS
AND CONDITIONS THEREFOR. CL
WHEREAS ii; bfor ae or the an-
ticipated need for sousing I rya- _.__ ._-_.______ _., hereby certify that I
vicinity
and sorority housing f the
vicinity of the vnlyenRy of Ar- am the (General Manager) of THE NORTHWEST ARKANSAS TIMES,
kans.as. the un housing;
not toprovide for such housing: daily newspaper having a second class mailing Privilege, and being not
around her c mpetingmpus, tM1 lad uses leas than four pages of five columns each, published at a fixed place of
ning
Commission of the City of Fay- business and at a fixed (daily) intervals continuously in the City of
a study
f the
has undertaken Fayetteville, County of Washington, Arkansas for more than a period
a study or the long range underprobltaken
of zoning for this particular use, of twelve months, circulated and distributed from an established place of
stand
WHEREAS. Ordinance No. 1:39, business to subscribers and readers generally of all classes in the City
Y amended, the Zoning Ordf- & County for a definite price for each co
nonce. now permits fraternity and copy, Oi a fixed prier per annum,
aorority urea only in the R-4 yon- which price was fixed at what is considered the value of the publication,
Ing district,
pursuant to the pro-and
WHEREAS. based upon the news value and service value it contains, that at least fifty
visions of Article Ix. Section 3 of percent of the subscribers thereto have paid cash for their subscriptions
Ordinance 1239, establishing the scrP
procedure for the butteUon of an to the newspaper or its agents or through recognized news dealers over a
amendment to the Zontn{ Ordi period of at least six months ; and that the said newspaper
nance by the Planning Commill- ' Ppublishers an
cion, the Planning CommW/gni, average of more than forty percent news matter.
adopted Resolution PC30-69 detail-
ing proposed amendments to esia I further certify that the legal notice hereto attached in the matter of
Zoning Ordtpance end calling ai Y g
public hearing to consider same. l
and
WHEREAS, said resolution. to
gether with related materisb, west L/N/i/" /G �.''�
filed in the Office of the City _
Clerk, and notice of said public
hearing. setting forth the date.
time, place and purpoeu of amid was published in the regular daily issue of said newspaper for_l/_
hearing and detailing said pro- egpgaiiiive insertion as follows :
posed amendments was published
in the Northwest Arkansas Times, �1
a newspaper of general circulation /X - � / /�
in said City, more than 13 days The first insertion OR the _____(__lis day of 19
prior W said public hearing, and
WHEREAS, on September 17,
Hall, the date set for Vaud public the second insertion on the -___--------- ---------_ day of _____ 19—
hearing, a public hearing was
held before the Planning Commis-
sion of the City of Fayetteville, the third insertion on the __ day of _ 19—_.
Arkansas for the purpose Of con-
Mitering the proposed amendments
of Zoning Ordinance No. 123.4 sa and the fourth insertion on e ____ithe _ ___ _ d of
detailed in Resolution No. 30.66, -- -------- 19---
and following said public hearing
said Planning rcerti-
fied to the Board
ruof Directors ioni rers ofs < • _`^4
the City of Fayetteville, Arkansan , —_-- —__— ___
its mcommendation that an or-
durance be adopted, amending as
hereinafter set forth Sections 3. 1
4, and s of Article V of Zoning '. Sworn to and subscribed before me on this -----A? ___ day of ________
Ordinance No. 1239, as emended,
to permit fraternity and sorority
houses within the R-2, R-3, and
R-4 Zoning Districts upon appal- ________________ 19_.4_f!ri
_-
oation to the Planning Commission -- _--------------- -- ------ --- '--
and to provide standards and con-
ditions therefor. /
NOW, THEREFORE, BE IT OR. ' a sr>r/fQ�
Aj
DAINED BY THE BOARD OF DI- ----------------------- -------- -------
RECTORS of the City of Fayette- Otary Public
ville. Arkansas;
SECTION 1. Article V. Section
3 is amended by adding at the end
of subsection 2 the following new My Commission Expires :
subsection:
2.a. Uses permissible Upon AP- 1 p
plication to the Planning Commis- __l_D_�_
sign. Fraternity and sorority - - - -
houses. subject to the rollowingl
standards and conditions: 1
a. Density—at least 1.000 square '
ffor each resident to be houeet of land shall be required Feea for Printing
sed.
b. Open space more than
3313 per cent of the lot $hall Coat of Proof _--_______
22
be occupied by structure. 9---------
e. Area and hulk—only one (I)
principal bunding shall be
located on the site, which Total __—
shall be subject to the follow-
ing requirements:
Minimum depth of
front yard . 26
Minimum depth of
rear yard 30 '
Minimum side yard on
each aide . . . . . . . . . . . . . . 20
Mtrdmum side yard along
an intersecting street,
except where the site
fronts not the side (in-
intersectin) street. in
which case the aide
yard requirements shall
he the same se for the
front yard _ . . . . 20 ',
Wr - •..h
cc Otho nnnarC-s
dorsi—m additioi � :hc ate.
.standards, the Plats r.a Cc .I
mission shall etmcdel the f
d Of ! street parxtng—�me Marx lowing factors hdecid : lc
mg spare shall be Provided whether to g'an,. t alc
for each resident tion:
e Other standards and conditions 1. Provision of adequate in-
t additior to fire abovcl green and egress to the
standards, the Planning Cemt . parking area.
mission shall consider the fol _, The traffic pmblema which
lowing factors in deciding may bit created by the use.
whether to grant the applies- 2, The extent of interference f. Procedures--any party nr par.
tion: with aurroundnng land uses. lira desiring to make an an-
t. Provision of adequate in• 4. The provision of adeauatel ideation under this suWec-
grese and egress to the ' screening. fencing• pi land- tion shall
Parking area. scraping to protect adlettnt 1. Comply with the fee and
2. The traffic problems which property. public hearing requirements
may be created by the use. f. Procedures—any party or par- of Article IX (Amendment)
3. The extent M intrferseee ties desiring to make an appli- of the Zoning Ordinance;
with surrounding lend usescation under this subsection and
4. The Drovison of adequate shall 2. Furnish to the Planning
screening, feneiog• or land- 1. Comply with the tee and Commission at least 15 days
•caping to protect adjacent pubhe hearing requirements prior to the public hea[ingi
property. of Article IX (Amendment) a site plan sufficiently de-
1
I. Pr afedurea—ams party or par- et the Zoning Ordinance; tailed to show compliance
ties desiring to make an apo- and with the above standards )
plication under this subsection 2. Furnish to the Planning and conditions. In the event
shall Commission at lent 15 days the application is approved,
1. Comply with the fee and - prior to the public hearing , no substantial variation
public hearing require- - a site yyIan sufficiently de- from the mid site plan may
menti of Article IX (Amend- tailed to show compliance he made without formal ap-
ment) of the Zoning Ordi- with the above standards proval of a majority of the
nance; and and renditions. In the event Planning Commission.
2. Furnish to the Planning the application is approved, g, Appeal Procedure—Same as
Commission at least 15 day$ - no substantial variation in Article VIII, Section 6, for
Prior to the public bearing from the said site plan may appeal from Board of Ad-
s site plan sufficiently de• he made without formal apo- justment decision/'
tailed to show compliance prevail of a majority of the SECTION 4. Thet the City Clerk
with the above standards . : Planning GOrgalewc is hereby authorized and directed
and eondltions. In the events - g. Appeal frsd Some as to cause the amendments hereby
Ilse application b amt' fat ArtiCL Yl:�"on 6, for adopted to be incorporated and
no substantial variation appeal from d O1 Adjust- published in the supplements to
from the said site plan may meet decleton. ' Appendix A of the Code of Ordi-
he made without formal ap- SYCI']ON 3. Article V, Section ' minces, City of Fayetteville. AT-
he
of a majority of the is amended by deleting the karwa
Tanning Commission. da "fraternities and sororities" SECTION 5 All ordinances or
e- Appeal Procedure—Same ash lrom the Sint unnumbered para- Mpaarla of ordinances In conflict
in Article VRI, Section 6, for
"It
said Section and by de- iterewlth are hereby Prowled, and
appeal from Board of Adjust- ' fatinr . ,a words Fraternity or this ordinan<c eha11 tsk¢ effect
ment decision", soros; houses" from subsectio from and after iia passage, apo=
SECTION 2. Article V. Section 1 Is , and further amended by add- prova4 and publication.
4 is amended by adding at the end big at - hs end of subsection 2 the PASSED AND APPROVED thla
of sub. section 2 the following new follow g new subaectoa: 14th day of October. 1%6.
subsection' •'2a Use permioibN Upon Ap- APPROVED:
-2a uses /ermisNbN Upon Ap- '}*Nation to the Plaenlreir Commis- DON TRIIMRO. Mayor
plleatisn to the Planning Commis. ra1Ms Faternityand sorfeitY ATTEST:
sion. FraternilY and sorority sola subject to the following GEORGE J. DAVIS,
houses subject to the following AFridards and oonditlons: City Clerk Ito 19
standards and conditions: a Dimity—at least 500 square
e. Deneity—at least 5M square feet of land shall be required
feet of land shall be required for 'Meb resident to be Mused.
for each resident to be housed. b .fit Sen spacarwt fo the more
shall
b. Open space—no more than '.e occupied b
33',a per cent of the lot shall P y the structure:
be occupied by the structure. Axa and bulk—only one 11)
c. Area and bulk only one (1) . orinetpal bu9ding shall be ho-
prmccipal building shall he orated en ' the site. which
located on the site. which *hell he subject to the follow-
shall be subject to the follow- lowing requirements:
Ing requirements: = Minimum depth of
Minimum depth of fFont yard . . . . . . . . . . . . . 25
front yard . . . . . . . . . . . . . 25 Minimum depth of
Minimum depth of rear Yard .1. 70
Minimum wide, jf6
rear yard 7!5
Minimum aide yard on each aide Zn'
each side . . . . '10 Minimum side yard
Minimum side Yard - ' along m inipNeotWg
along an Intersecting attract. except where
street. except where the site fronts ere the
the site fronts on the side (intersecting)
side (Intersecting) street, in whit case
street. in which Case the aide Yard require-
the side yard require- ments shall be the
menta shall be the same as for the
same es for trifront yard . . . . . . . . . . . . z4
front yard . M d. Off-street parkmg�ne park
d. off-street parking—erre Dark' Ing space shall he provided
for s
Ing space shall be provided ¢, Otherstandards and comm- '
bots—in addition to the aGtve
standards, the Plannin� Com-
mission shall consider tt a fol-
lowing factors to deciding
whether to grant the applica-
tion:
1. Provision of adequate in-
gress and egress to the
parking area.
2. The traffic problems which
may be created by the use.
3. The extent of Interference
v, th surrounding lend we
4 'rhe provision if adeof
,,f „ e
lg- fencing. fir land-
'Awcr to protect adjacent
