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HomeMy WebLinkAboutOrdinance 5792IIII111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIRIIIIIIIIIIIIIIIIIII 000 10: 016433990001 Type; REL Kind: ORDINANCE Recorded: 09/09/2015 at 10:24:17 AM Fee Amt: $15.00 Pace i of i 4aahinpton County, AR Kyle Sylvester Circult Clerk File2015-00025646 ORDINANCE NO. 5792 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 04-06.00, RUPPLE ROW, CONTAINING APPROXIMATELY 41.70 ACRES, TO MODIFY THE ZONING OF THE DUPLEXES AND TRIPLEXES ON WORDSWORTH LANE TO ALLOW UP TO FOUR UNRELATED PERSONS TO LIVE IN EACH DWELLING UNIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the change to R-PZD 04-06.00 Rupple Row to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit is hereby approved. Section 2: That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, for R-PZD 04-06.00 Rupple Row as passed and approved by the City Council on June 15, 2004 with Ordinance No. 4580 shall be modified with the revisions as described in Section 1 above. PASSED and APPROVED this 18`h day of August, 2015. APPROVED: ATTEST: \ iCY �U tAUi�u�llpry I3 LI NELD JOl2D Mayor SONDRA E. SMITH, City Cle rt�i� s: wUa 2 : FArcnevp: •��ti ,Ik/fps ;•`..\tc 441)ir4111 `AY washington County, AR I certify this instrument was filed on Ogtog/2015 10:24:17 AM and recorded in Real =slate File Number 2016-0002" Kyle Sylvester- Circuit CIe� 1 by >. City of Fayetteville, Arkansas . Text File File Number: 2015-0356 Agenda Date: 8/18/2015 Version: 1 In Control: City Council Meeting Agenda Number: C. 8 R-PZD 04-06.00 (RUPPLE ROW) 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Status: Agenda Ready File Type: Ordinance AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 04-06.00, RUPPLE ROW, CONTAINING APPROXIMATELY 41.70 ACRES, TO MODIFY THE ZONING OF THE DUPLEXES AND TRIPLEXES ON WORDSWORTH LANE TO ALLOW UP TO FOUR UNRELATED PERSONS TO LIVE IN EACH DWELLING UNIT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the change to R-PZD 04-06.00 Rupple Row to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit is hereby approved. Section 2. That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, for R-PZD 04-06.00 Rupple Row as passed and approved by the City Council on June 15, 2004 with Ordinance No. 4580 shall be modified with the revisions as described in Section 1 above. City of Fayetteville, Arkansas Page 7 Printed on 8/20/2015 City of Fayetteville Staff Review Form 2015-0356 Legistar File ID 8/18/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 7/31/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: ADM 15-5135: Administrative Item (RUPPLE ROW SUBDIVISION PZD AMENDMENT, 439): Submitted by ROB KIMBEL for properties located in the RUPPLE ROW SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT RUPPLE ROW (R-PZD 04-06.00) and contain approximately 41.70 acres. The request is an amendment to the PZD to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title D V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF T" aye vi le ARKANSAS MEETING OF AUGUST 18, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Jeremy Pate, Development Services Director FROM: Andrew Garner, City Planning Director DATE: January 29, 2015 SUBJECT: ADM 15-5135: Administrative Item (RUPPLE ROW SUBDIVISION PZD AMENDMENT, 439): Submitted by ROB KIMBEL for properties located in the RUPPLE ROW SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT RUPPLE ROW (R-PZD 04-06.00) and contain approximately 41.70 acres. The request is an amendment to the PZD to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit. RECOMMENDATION: The Planning Commission recommends approval and staff recommends denial of ADM 14-4930. BACKGROUND: Property Description and History: The Rupple Row subdivision contains 41.70 acres located south of Wedington Drive and west of Rupple Road. In 2004 the City Council rezoned the property to R-PZD 04-6.00 for the Rupple Row project. This master planned neighborhood was proposed in a Traditional Neighborhood Development (TND) pattern and approved for 182 single-family detached lots, 37 two-family lots subdivided into townhouse lots, and two three-family lots. All homes are rear alley loaded in typical TND fashion with homes built close to the street with prominent front porches. DISCUSSION: Background. Within the past year the applicant has become aware of the City's code regulating the number of unrelated persons being able to live in one dwelling unit. Because the Rupple Row PZD was approved as a single family planned zoning district (even though other uses are also permitted), a maximum of three unrelated persons are allowed to live in each dwelling unit (UDC Chapter 151, definition of Family). This is similar to an RSF district, where the predominant use is single family, but either uses such as duplexes can be permitted as well. Regardless of the use, however, the number of occupants is based upon the zoning district, not the type of unit. In zoning districts'other than single family' up to four unrelated persons may live in in one dwelling unit. The applicant discussed with staff that they thought their property (Lots 145-183) allowed up to four unrelated people to live in each dwelling because they are two-fami ly/town homes. However, the applicant's original assumption is not consistent with the adopted ordinance requirements. As stated previously, the number of unrelated persons is based on the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 underlying zoning district and not the dwelling unit type. In the case of the Rupple Row PZD, it is classified as a 'single family zoning district' because a majority of the dwellings are single family homes. The Rupple Row PZD was never proposed or adopted by the City Council as a multi -family zoning district. To further explain how this ordinance is applied throughout the city, city code allows a two-family dwelling located in the RSF-4 zoning district to have up to three unrelated persons because RSF- 4 is a single family zoning district. City Code allows a two-family dwelling located in the RMF -24 zoning district to have up to four unrelated persons because RMF -24 is not a single family zoning district. Proposal., The applicant proposes to amend the Rupple Row R-PZD to reclassify the zoning of lots 145-183 (both sides of Wordsworth Lane) as 'other than single family zoning' to allow up to four unrelated persons to live in each dwelling unit. The subject area of Wordsworth Lane is developed with 37 two-family attached townhomes on either side of the street that are located approximately 10 feet from the street, rear alley loaded with two -car garages and driveways off of the alley. There are also two three-family homes located on the cul-de-sac at the north end of the street. There are no single family detached homes within the area in question. To staffs knowledge these homes have been developed with four bedrooms in each unit. Public Comment: Staff received two letters in favor of the applicant's request (attached). Discussion: The Rupple Row subdivision was approved and developed as a TND with single family detached homes and one internal street of townhomes in the central portion of the neighborhood. Consistent with TND and adopted City policy, this neighborhood was intended to serve a variety of home owners within walking distance of a school, community center and future commercial corridor along Wedington Drive. The Rupple Row neighborhood was developed with infrastructure including streets, driveways, alleys, and garages for individual owner occupancy, not rentals with occupancy for up to four unrelated people in each dwelling. A greater density of individuals living together, particularly adults, can pose safety and nuisance issues if the neighborhood was not designed to accommodate that density. For instance, there is not enough parking for each dwelling on the subject properties to accommodate four cars with individual occupancy. This will result in residents parking on the street. However, Wordsworth Lane was not built to accommodate the number of vehicles associated with residency of four unrelated people per dwelling. Wordsworth Lane is a 28 -foot wide street and only allows parking on one side. Because both sides of the street are developed with two-family townhomes, continuous parking on both sides of the street is needed to accommodate the number of vehicles generated by the proposed occupancy. Continuous parking on both sides of the street leaves only a 12 -foot travel lane that would be in violation of the fire code that requires a 20 -foot clear unobstructed fire access road. A lack of adequate on-site and on -street parking can result in other violation issues such as parking in the grass or in alleys. Staff disagrees with the applicant's parking analysis where they indicate that there are no parking problems for the occupancy proposed. The applicant assumes that four unrelated individuals will park two vehicles in the two -car garages and two cars immediately behind the garages in the driveway. This would effectively block two cars in the garage. In reality with four unrelated adults