Loading...
HomeMy WebLinkAboutOrdinance 5634 ORDINANCE NO. 5634 AN ORDINANCE TO AMEND THE DEFINITION OF "TANDEM LOT" IN § 151.01 DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the current definition of"tandem lot" may unreasonably deny a property owner an approval of a tandem lot situated behind a conforming lot; and WHEREAS, Planning Staff and the Planning Commission have determined that a tandem lot is an appropriate use behind a lot recognized as conforming by the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby replaces the definition of Tandem Lot of§ 151.01 as follows: "Tandem Lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot." PASSED and APPROVED this 5h day of November, 2013. APPROVED: ATTEST: / By: By: � IO ELD J N,Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVI LLF n'� J all, d • q J '1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/5/2013 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: ADM 13-4511: (CHAPTER 151.01 DEFINITIONS—TANDEM LOT): Submitted by CITY PLANNING STAFF. The request is to amend the definition for tandem lot in Chapter 151. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ]lair, ' 10,11:7X3 Previous Ordinance or Resolution# Department Mector Date Original Contract Date: L3 Original Contract Number: City Attorney Date to Finance and Internal Services Director Date Received in CifyLD-1 3- 1 5 'J 1 L`V D Clerk's Office Chief of tall Date Received in I C4ENTEUMayor's Office � M or Date Comments: Revised January 15, 2009 Zayj T1THE CITY OF FAYETTEVILLE,ARKANSAS y 1 DEPARTMENT CORRESPONDENCE KANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: October 17, 2013 Subject: ADM 13-4511 (CHAPTER 151.01 DEFINITIONS—TANDEM LOT) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance amend the definition for a tandem lot in Chapter 151. BACKGROUND A tandem lot, by definition, is a lot with little or no frontage, sometimes referred to as a"flag lot" due to a narrow strip of land that connects the tandem lot to the public street. A tandem lot is usually requested when a property owner has a large piece of property,but only minimal frontage on a public street. Planning Commission approval is required in all cases. The current definition of a tandem lot is: Tandem lot. A lot which has less than 50%of the required frontage on a public street and which is located behind a lot or a portion of a lot which does have the required frontage. Staff has recognized that the use of the language "required frontage" can be overly restrictive in some cases. "Required frontage" is the frontage required by the underlying zoning district. An example is 70 feet of public street frontage in the RSF-4 zoning district. However, there are instances where a lot has less than the "required frontage," but is still considered a conforming lot; either because it was created legally with less frontage than required by current zoning standards, or the Board of Adjustment has approved a reduction in lot frontage. In either case, the resulting lot is a conforming lot, but does not technically have the"required frontage"of the underlying zoning district. Staff's proposal is to amend the definition of tandem lot to read as follows: Tandem lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot. DISCUSSION On October 14, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND THE DEFINITION OF "TANDEM LOT" IN § 151.01 DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the current definition of "tandem lot" may unreasonably deny a property owner an approval of a tandem lot situated behind a conforming lot; and WHEREAS, Planning Staff and the Planning Commission have determined that a tandem lot is an appropriate use behind a lot recognized as conforming by the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby replaces the definition of Tandem Lot of§ 151.01 as follows: "Tandem Lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot." PASSED and APPROVED this 5t" day of November, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer e—N T"*4M ayve ARKANSAS PC Meeting of October 14, 2013 THE CITY OF FAYETTEVti..i..,E, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Oetek er- 8, 2 ] Updated October 17, 2013 ADM 13-4511: (CHAPTER 151.01 DEFINITIONS—TANDEM LOT): Submitted by CITY PLANNING STAFF. The request is to amend the definition for tandem lot in Chapter 151. PlanningSJesse Fulcher BACKGROUND A tandem lot, by definition, is a lot with little or no frontage, sometimes referred to as a "flag lot" due to a narrow strip of land that connects the tandem lot to the public street. A tandem lot is usually requested when a property owner has a large piece of property, but only minimal frontage on a public street. Planning Commission approval is required in all cases. The current definition of a tandem lot is: Tandem lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a lot or a portion of a lot which does have the required frontage. Staff has recognized that the use of the language "required frontage" can be overly restrictive in some cases. "Required frontage" is the frontage required by the underlying zoning district. An example is 70 feet of public street frontage in the RSF-4 zoning district. However, there are instances where a lot has less than the "required frontage," but is still considered a conforming lot; either because it was created legally with less frontage than required by current zoning standards, or the Board of Adjustment has approved a reduction in lot frontage. In either case, the resulting lot is a conforming lot, but does not technically have the"required frontage" of the underlying zoning district. PROPOSAL Staff's proposal is to amend the definition of tandem lot to read as follows: Tandem lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot. G:\ETC\Development Services Review\2013\Development Review\13-4411 ADM UDC 151.01 Tandem Lot Defintion\17 Planning Commission\1 0-1 4-2013\Comments and Redlines RECOMMENDATION Staff recommends that the Planning Commission forward ADM 13-4511 to the City Council with a recommendation for approval. Planning Commission Action: 0 Forwarded ❑Denied O Tabled Motion: Chesser Second: Winston Vote: 9-0-0 Meeting Date: October 14, 2013 G:\ETC\Development Services Review\2013\Development Review\13-4411 ADM UDC 151.01 Tandem Lot Defintion\17 Planning Commission\10-1 4-2013\Comments and Redlines NORTHWEST ARKANSAS DEMOCRAT-GAZETTE RECEIVED NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NOV 2 6 2013 S-P-M- ER:S LLC NORTHWEST ARKANSAS TIMES CITY OF FAY CLERKETTEVI BENTON COUNTY DAILY RECORD CITY 'S t7f FI 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479-442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC,printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of- City of Fayetteville- Ordinance 5634 ORDINANCE No &s 4 AN ORE INANCET6AMENDsTHEDEFINITION ti OF"TANDEM LOT IN§i1.01 DEFINITIONS Was inserted In the Regular Editions on: OF THE UNIFIED:DEVEIOPMENTCODE AR A, November 14, 2013 ;. `WHEREAS thecurren defirutlon of tandem, , lot"may unreasonably deny a property owner an approval of a tandem lot situ ated behind a confoimmg lot and Publication Char eS: $ 90.79WHEREAS Planning Staff�and the Plsnnmg Coriimission have determined that g a tandem lot is`an appfopnate use ehirfd a lot recognized as�conforming by the Board of Adjustment. 'NOW,THE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEWLLE;ARKANSAS -tion 1, That,the City Council Af the City of PayetteA1Je Arkansas hereby Holly AndreWS replaces the defhfion of Tandem Lot of§151: 1 j��! "Tandem Lot. A lot which has less,than 50�of the required fronta6e on a r public street and which aocatedbe}�ismd a confomtmg,„lot ora portion of a conforming lot:' w , Subscribed and sworn to before me PASSED and APPROVEDthis 5th day otNovember 2013 This ZX) day of p�/ 2013. 3 , � ATTEST � 1 5 APPROVED ✓ �, z ��11”^-rig y CltyCler /Treast�r�K� LIONELD JOADAN Mayor $ONDRA ESMITH, �� Notary Public My Commission Expires: 2-fz�,'2,'i`{ **NOTE** Please do not pay from Affidavit. Invoice will be sent.