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HomeMy WebLinkAbout130-02 RESOLUTIONRESOLUTION NO. 130-02 A RESOLUTION TO REFER TO THE PLANNING COMMISSION A REQUEST FOR A REZONING STUDY AND ZONING MAP AMENDMENT TO CONSIDER CHANGING THE ZONING CLASSIFICATION OF AREAS SHOWN AS R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-1 (LOW DENSITY RESIDENTIAL) FOR THOSE AREAS THAT HAVE 15 PERCENT OR GREATER SLOPE AS DEPICTED ON THE SLOPE ANALYSIS MAP IN GENERAL PLAN 2020 AND INCLUDING OTHER AREAS ZONED R-2 WHERE RECORDED PLATTED SUBDIVISIONS EXIST WITH SUBSTANDARD INFRASTRUCTURE WHEREAS, General Plan 2020 identifies slope as an important factor in supporting development; and WHEREAS, General Plan 2020 states that lower density on steep slopes is desired as a city policy; and WHEREAS, General Plan 2020 Implementation Strategy 9.16.b states: "Define and protect areas of significant floodplains, hillsides, trees, and other environmental resources through cluster development provisions, density controls, protective easements and other new and existing development standards and regulations;" and WHEREAS, General Plan 2020 Implementation Strategy 9.16.h states: "Minimize intense forms of urban development on steep slopes"; and WHEREAS, recorded platted subdivisions exist where infrastructure has partially and or not been installed that are zoned R-2 Medium Density Residential that have the potential for adverse impacts to the health, safety, and welfare of the citizens of Fayetteville who currently reside in these areas; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas directs the City Planning Division to refer to the Planning Commission a request for a rezoning study and zoning map amendment to consider changing the • 1 Res. 130-02 zoning classification of areas shown as R-2 (Medium Density Residential) to R-1 (Low Density Residential) for those areas that have 15 percent or greater slope as depicted on the slope analysis map in General Plan 2020 and including other areas zoned R-2 where recorded platted subdivisions exist with substandard infrastructure. PASSED and APPROVED this the 20th day of August, 2002. ;+illt�/ f't eettyr oodruff, City w'erk APPROVED: By te/ DAN COODY, Mayo a 07 3 • NAME OF FILE: CROSS REFERENCE. • Resolution No. 130-02 08/20/02 Resolution No. 130-02 §166.17 Suspending Issuance of Permits Pending Zoning Amendments 08/20/02 Staff Review Form 08/21/02 Memo to Brenda Thiel, Alderman Ward 1, from Heather Woodruff, City Clerk NOTES: • • e :1 • • • • RESOLUTION NO. • A RESOLUTION TO BE FILED WITH THE CITY PLANNER DIRECTING THE MAYOR, URBAN DEVELOPMENT DEPARTMENT, AND CITY PLANNING DIVISION TO REFER TO THE PLANNING COMMISSION AN OFFICAL REQUEST FOR A REZONING STUDY AND ZONING MAP AMENDMENT TO CHANGE THE ZONING CLASSIFICATION OF AREAS SHOWN/.AS R-2 MEDIUM DENSITY RESIDENTIAL TO/R LOW DENSITY RESIDENTIAL FOR THOSE AREAS THAT HAVE 15 PERCENT OR GREATEr keOPE AS DEPICTED ON THE SLOPE AN YSIS\\MAP IN GENERAL PLAN 2020 AND INCLUDING OTHER AREAS ZONED R-2 WHERE/RECORDED PLATTED SUBDIVISIUNT EXIST /WI1\ SUBSTANDARD INFRASTRUCTURE. � `� /J/\� WHEREAS, General Plan 2020 identifies slope as an important factor in supporting development; and WHEREAS, General Plan 2020 states that lower de`nsity on sleep slopes is desired as a city policy; and WHEREAS, General Pla7:2;2>Implementation Strategy 9.16.b states "Define and protect areas ofsi nificant floodplain\hillsides trees, and other environmental resources through cluster developmerovisions, density controls protective ead ments;and othernew d -e s`tin development standards and regulations;" WHEREAS, General Plan 2020 Implementation Strategy 9.16.h states " Minimize intense forms of urban development on steep slopes;" and WHEREAS, recorded platted subdivisions exist where infrastructure has partially and or not been mstalled.�that are zoned R-2 Medium Density Residential that have the potential for adverse impacts to the health, safety, and welfare of the citizens of Fayetteville who currently reside in these areas; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS' Section 1. That the City Council directs the Mayor, Urban Development Department, and City Planning Division to refer to the Planning Commission an official request for a rezoning study and zoning map amendment to change the zoning classification of areas shown as R-2 Medium Density Residential to R-1 Low Density I\ • Residential for those areas that have 15 percent or greater slope as depicted on the slope analysis map in General Plan 2020 and including other areas zoned R-2 where recorded platted subdivisions exist with substandard infrastructure. Section 2. That pursuant to Title XV Unified Development Ordinance Section 166 17 Suspending Issuance of Permits Pending Zomng Amendments, no permit for the erection of any building or structure, or permit for the conduct of any use, shall be issued for a period of not more than 90 days after the question of a zoning map amendment, so as to prohibit the use or building contemplated in the area concerned, has been referred to the Planning Commission. Section 3. This Resolution shall be considered an official request for a rezoning study and shall be immediately filed with the City Planner/as-required by § 166.17(B). PASSED and APPROVED this daypfl \ \\ \ 2002. ATTEST: APPROVED: HER WOdDRUF'City Clerk V, Mayor • • w §166.17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS. A. No permit for the erection of any building or structure, or permit for the conduct of any use, shall be issued for a period of not more than 90 days after the question of a zoning amendment, so as to prohibit the use or building contemplated in the area concerned, has been referred to the Planning Commission. B. For the purpose of this section an amendment has been referred to the Planning Commission when a rezoning petition or official request for rezoning study is filed with the City Planner. Provided that if final action by the City Council is not taken on the question within three months of the time the matter is so referred, the permit shall issue if all other requirements are met If within such three-month period the governing body of the municipality shall pass an ordinance amending Zoning, Chapters 160-165, so as to prohibit such building, structure, or use no such permit shall be Issued. C. However, nothing contained in this section shall prohibit the issuance of a building permit or permit for the conduct of any use if an application for said permit together with all fees required and a complete set of plans demonstrating complete or substantially complete compliance with all building and zoning requirements is filed with the City Planner prior to the reference to the Planning Commission. (Code 1991, §160.196; Code 1965, App. A, Art, 9(7); Ord. No. 1747, 6-29-70; Ord. No. 1918,5-15-73) STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of August 20, 2002. FROM: Brenda Thiel Alderman Name Department ACTION REQUESTED: To approve a resolution to be filed with the City Planner directing the Mayor, Urban Development Department and City Planning Division to refer to the Planning Commission an official request for a rezoning study and zoning map amendment to change the zoning classification of areas shown as R-2, Medium Density Residential to R-1, Low Density Residential for those areas that have 15% or greater slope as depicted on the slope analysis map in General Plan 2020 and including other areas zoned R-2 where recorded platted subdivisions exist,, with substandard infrastructure. COST TO CITY: SO Cost of this request Account Number Project Number Category/Project Budget Category/Project Name Funds used to date Program Name Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Division Head Date Department Director Administrative Services Director Cross Reference Date New Item: Yes No Prev Ord/Res#• Date Orig Contract Date: Mayor Date FAYETTEVIIIIE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Brenda Thiel, Alderman Ward 1 From: Heather Woodruff, City Clerk Date: August 21, 2002 Please find attached a copy of Resolution No. 130-02. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Clarice Buffalohead-Pearman, Codifier/City Clerk's Office : pTh i : 010 03 update Document Reference RES Date 8202002 City of. Fayetteville ex Maintenance Item Action Ref. Taken Brief Description 130 • REZONING STUDY/ZONING MAP 8/26/2002 10:32:08 Enter Keywords • RES. 130-02 PLANNING COMMISSION REZONING STUDY ZONING MAP AMENDEMENT R-2 LOW DEDENSITY REDISENTIAL 15% GREATER SLOPE File Reference # • MICROFILM Security Class Expiration Date Date for Cont/Referred: Name Referred to • • Cmdl-Return Cmd8-Retention Cmd5-Abstract Yes No Retention Type: _ **** Active **** Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.