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Home My WebLink AboutOrdinance 4818 Doc ID : 006040004 Recorded : 02915/2006 atT 11:43:04 AM Fee Amt : $17 . 00 Pace 1 of 4 vashlnoton Countv . AR Bette Stamoe Circuit Clerk ORDINANCE N0. 4818 F11e2006-00006413 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1657 FOR THE PROPERTY SHOWN IN EXHIBIT A. GENERALLY LOCATED NORTH OF HUNTSVILLE RD., EAST OF WILLOW AVE,, SOUTH OF ROCK ST., AND WEST OF LYTON AVE. RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS/ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY 8 UNITS/ACRE OR RSF4 RESIDENTIAL SINGLE FAMILY, 4 UNITS/ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-family 24 units per acre to RSF-8, Residential Single Family, 8 units per acre, as shown on Exhibit "A- 1 " attached hereto and made a part hereof; and from RMF-24 Residential Multi-Family, 24 units per acre to RSF-4, Residential Single Family; 4 units per acre as shown on Exhibit "A-2" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 171h day of January, 2006. APPROVED: �%O;;FK/T&4. ,v •G\SY Qc.G�� By: c ; FAYETTEVILLE @ _ DAN COODY, Mayor ATTEST: lees'9RkANSPga Jam';' GT By: �Ck. cQc.e� Mum SONDRA SMITH, City Clerk i r 0 IN, 1 p�K ROCK ST do 1� �1 r • � aqq P /\ e Ivo D � Ro a 4Ll � o �0 O 43 6TH ST rj If � C, FRD 0�2 I L Ll Li LI: IJ 0 F3TP Exhibit A N RSF-4 0 105 210 420 630 840 WE RSF-8 Feet January 23, 2006 3 r r "1 C7 µ\VATE SIJ r r6 0 ROCK ST i 4 Lj s t O • SSP Q . � `/(C�. U J Q " 4] isLl ❑ 3 � � ' AA STHST r o a � c s O <ERO Ll UTf Fri Exhibit Al N RSF-8 0 105 210 420 630 84Feet W+ E January 23, 2006 S n . 1 1 N ROCK ST dM P s d � o° faL STH ST fog age �� • _ h ion to 2 , F 1 ryu m - Exhibit A2 NN Q RSF-4 0 105 210 420 630 84Feet W '�/ E January 23, 2006 3 Washington County, AR I certify this instrument was filed on 02/15/2008 11 :43:04 AM and recorded in Real Estate File Number 2008-0000841 Bette Stamps - Circuit ler by L140 4/ 4/ 8'i , IeZN os- 163 City of Fayetteville 0y, Staff Review Form City Council Agenda Items or Contracts 12/06//2005 City Council Meeting Date Leif Olson Planning Operations Submitted By Division Department Action Required: ADM 05- 1657: Administrative Item (Mt. Sequoyah South Rezoning): Approval of an ordinance to rezone the properly as shown on Exhibit A from RMF-24 to RSF-8, as petitioned by the property owners shown on Exhibit A. The applicant requests to rezone the property from RMF-24, Residential Multi Family 24 units per acre, to RSP-8, Residential Single Family 8 units per acre. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department ()irector Date Original Contract Date: n/a Original Contract Number: n/a 11- � Svr City Att y Received in City Clerk's Offices Fi an and Internal Service Director Date Received in Mayors Office t Mayor Date Comments: _ Y" � QII ri7.Q �CCOI7 LZ' I'�QC�/N�' ✓ OS �// CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations Tim Conklin, Planning and Development Management Director From : Leif Olson, Associate Planner Date: November 15, 2005 Subject: Approval of an ordinance to rezone the property shown as Exhibit A on the attached map from RMF-24, Residential Multi-Family 24 units per acre, to RSF-8, Residential Single Family 8 units per acre. RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning the property shown as Exhibit A on the attached map from RMF-24, Residential Multi-Family 24 units per acre, to RSF-8, Residential Single Family 8 units per acre. BACKGROUND In April of 2005, Planning Staff met with the applicant to discuss the existing land use zoning of a neighborhood located on the south side of Mt Seqouyah. This area is roughly bounded by Huntsville Rd. to the south, Willow St. to the west, Rock St. to the north, and Lyton Ave. on the east. This neighborhood is comprised of primarily single family homes located on small lots platted prior to current zoning ordinances, many of which contain slopes greater than 15%. In 1970, this area of Fayetteville was zoned R-2, also known as RMF-24, multi-family residential. The applicant was concerned with the possibility of high density residential being developed in the existing neighborhood. Planning Staff recommended that a new zoning designation be developed in order to reflect the existing conditions such as lot bulk and area, building height, and building setbacks. The RSF-8 zoning district was designed for the purpose of rezoning this neighborhood and bringing these lots into conformity. The applicant, working with City Planning Staff, developed a map and petition for property owners interested in rezoning their property to RSF-8. The applicant spent a considerable amount of time canvassing the neighborhood and collecting signatures for the rezoning petition. The Planning Commission approved both the RSF-8 zoning ordinance amendment and the Mt. Seqouyah South rezoning on July 25, 2005 and forwarded these items to the City Council . The Ordinance Review Committee reviewed the RSF-8 zoning district on September 15, 2005 and voted unanimously to forward it to the City Council with an amendment to the maximum buildable area of the lot. City Council adopted Ordinance No. 4783 on October 18, 2005 amending the Unified Development Code to create the RSF-8 zoning district. DISCUSSION The Planning Commission considered this rezoning petition request on July 25, 2005, on which they voted 9-0-0 in favor of the recommended rezoning. Planning Staff has waited the required 30 days for the RSF-8 zoning district to become law before bringing this rezoning item forward for City Council consideration. BUDGET IMPACT None. IFAYE77IEVE LLIE THE CITY OF FAVETTEVIILE, ARKANSAS Krr WILLIAMS, CITY ATTORNEY DAVID WIRTAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC : Lief Olson, Planning Department ^ FROM: Kit Williams, City Attorney DATE: November 18, 2005 I RE: ADM05-1657, Consent Withdrawn The Planning Department and Planning Commission were informed that numerous property owners had revoked their initial consent to being down-zoned when a new zoning district, RSF-8 was created that was incompatible with existing large acreage lots. Specifically, all owners of land north of the unbuilt Lucien Street object to such rezoning. These would include all addresses on Rock Street. The City Council can rezone property without the consent of the owners if it has legitimate reasons for such rezoning. However, the City Council should know that these property owners have withdrawn their approval and object to this rezoning. I believe all these property owners would consent to an even lesser density rezoning to RSF-4. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZOING PETITION RZN 05- 1657 AND SHOWN IN EXHIBIT "A", GENERALLY LOCATED NORTH OF HUNTSVILLE RD., EAST OF WILLOW AVE., SOUTH OF ROCK ST., AND WEST OF LYTON AVE., FROM RMF-24 RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE TO RSF-8 RESIDENTIAL SINGLE FAMILY 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi Family, 24 units per acre to RSF-8, Residential Single Family, 8 units per acre, as shown on Exhibit "A" Attached hereto and made a part hereof. Section 2 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 12005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk tp • rc ' �a `'. .r y� fk a � - . a ��' r '" y 4 ai+a�. �G~t zinl 14 +..;rtes<"'y � • •iii. M1 -�'+F�f�. ' } F�L�� . � .p'x�% $ ^� ,F t j •� • t �+y l r ., f l t y s' ' too, ,I �(n� • 'u rl d51i f ''k { l 'i '�"4 F Y .!„ S ��F y �. �S✓�f ��i S �� 2 � y; YI h �ILL • o. it I F a ORDINANCE NO. 4783 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE, OF THE CODE OF FAYETTEVILLE, TO PROVIDE A NEW RESIDENTIAL ZONING DISTRICT. WHEREAS, many of the historical residential neighborhoods in Fayetteville were platted prior to current zoning ordinances; and, WHEREAS, these residential neighborhoods are therefore considered non-conforming in regards to bulk, area, and setback requirements; and, WHEREAS, the City of Fayetteville desires to preserve these neighborhoods in their present residential conditions; and, WHEREAS, the City of Fayetteville recognizes that future residential developments are likely to be built in a historical or New Urbanist pattern, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 161: Zoning Regulations, Unified Development Ordinance, Code of Fayetteville is hereby amended by inserting Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this 18th day of October, 2005. • aYJTRE9 Y SG 'o APPROV F•. P�� .U • ; FAYETTEVILLE : By. :> ' IIAN COODY, Ma o 9s'9:�'KANSP�J?' y ATTEST: G rrrr4111101TON By: SO DRA SMITH, City Clerk