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HomeMy WebLinkAboutOrdinance 6869113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6869 File Number: 2025-540 REVISE LOT FRONTAGE REQUIREMENTS TO PROMOTE HOUSING OPPORTUNITIES (AMEND CH. 151): AN ORDINANCE TO AMEND SECTION 151.01 DEFINITIONS THE UNIFIED DEVELOPMENT CODE TO REVISE LOT FRONTAGE REQUIREMENTS, AND TO REPEAL SECTION 164.16 STRUCTURES TO HAVE ACCESS WHEREAS, in conjunction with members of Fayetteville's Planning Commission, the Housing Crisis Task Force, and the development community, an interdivisional group of staff identified three sections of the UDC where amendments may improve the availability and diversity of housing in Fayetteville including lot frontage requirements; and WHEREAS, addressing a recommendation from both the Housing Crisis Task Force and staff, this proposed amendment is intended to expand what can qualify as required lot frontage from only public streets to public streets in addition to alleys, multi -use trails, and public parks. 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 repeals the definition of frontage line in § 151.01 and enacts a replacement definition as follows: "Frontage line. The property line or lines of a lot which coincide with a right-of-way or other public open space, including alleys, multi -use trails, and public parks." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of lot frontage in § 151.01 and enacts a replacement definition as follows: "Lot frontage (zoning). The front of a lot shall be construed to be the portion nearest the street, alley, multi -use trail, or public park. Where lots utilize only a public alley, multi -use trail or park to meet lot frontage requirements, development, landscaping, and other standards shall be required as if said alley, multi -use trail, or park were a public street." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of lot interior in § 151.01 and enacts a replacement definition as follows: "Lot, interior (zoning). A lot other than a corner lot with only one frontage on a street, alley, multi -use trail, or public or private park." Page 1 Ordinance: 6869 File Number: 2025-540 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of lot width in § 151.01 and enacts a replacement definition as follows: "Lot, width of (zoning). The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line, alley, multi -use trail, or public park) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.16 Structures to Have Access because this requirement is adequately addressed in other sections of the Unified Development Code. PASSED and APPROVED on May 6, 2025 Approved: Molly Rawn, Mayor Attest: �fAYETfEV!LLEry_ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $240.16 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 6, 2025 CITY COUNCIL MEMO 2025-540 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jonathan Curth, Development Services Director SUBJECT: REVISE LOT FRONTAGE REQUIREMENTS (AMEND CHAPTER 151 - UNIFIED DEVELOPMENT CODE): RECOMMENDATION: City staff recommend approval of a amendment to Chapter 151 of the Unified Development Code (UDC) as described in Exhibit `A'. BACKGROUND: In ongoing efforts to address housing needs in Fayetteville, it is increasingly apparent that the obstacles to affordability are expansive. These range widely, including national financing structures and international supply lines down to the availability of local labor and various layers of regulation. While the City of Fayetteville's ability to impact larger market forces is limited, the potential to effect change by amending local development standards is as broad as the number of ordinances impacting residential construction. Accordingly, it is necessary to continually evaluate and reevaluate the development code for changing market conditions, shifting community needs, and even changes in technology. DISCUSSION: In conjunction with members of Fayetteville's Planning Commission, the Housing Crisis Task Force, and the development community, an interdivisional group of staff identified three sections of the UDC where amendments may improve the availability and diversity of housing in Fayetteville. These include modular construction, accessory dwelling units, and lot frontage, with this ordinance focusing on lot frontage: • Lot Frontage: Addressing a recommendation from both the Housing Crisis Task Force and staff, this amendment relates to lot frontage requirements for development. Specifically, this proposal is intended to expand what can qualify as required lot frontage from only public streets to public streets in addition to alleys, multi -use trails, and public parks. Additional initiatives that do not require an ordinance are underway to address Fayetteville's housing needs, with two of the most prominent having the potential to reduce permitting and construction times: • Same -Day Inspections: Currently, when an inspection is requested of the Building Safety Department, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 they are scheduled for the following day with the exception of emergencies or other urgent cases. While this appears to meet the needs of many customers, requests for same -day inspections are common enough to merit formalizing the service. As a pilot, Building Safety will offer limited numbers of same day inspections on a first-come/first -served basis. If this offering does not compromise inspection responsiveness, the pilot will be reevaluated for possible expansion and afford permit -holders the opportunity to advance construction more rapidly. Over -the -Counter Permitting/Same-Day Permitting: While gains have been made in improving review times for certain classes of building permit, additional opportunities exist. Most prominent of these is the potential to offer "over-the-counter" or "same day" permits, meaning applications may be submitted and approved within the same day or possibly hour. At least initially, this will come with some limitations, including that the permit does not require review from other departments or divisions, that the assigned reviewer is qualified to complete the review independently, and that the application is complete. Initially this offering is likely limited to building permits under the residential building code, such as single-family dwellings and accessory structures. Despite this apparent limitation, with 559 single-family building permits issued in 2024, the potential time savings for even a portion of these is significant. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A - Lot Frontage (#4), Strikethrough-Redlines - Lot Frontage (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-540 REVISE LOT FRONTAGE REQUIREMENTS TO PROMOTE HOUSING OPPORTUNITIES (AMEND CH. 151): AN ORDINANCE TO AMEND SECTION 151.01 DEFINITIONS THE UNIFIED DEVELOPMENT CODE TO REVISE LOT FRONTAGE REQUIREMENTS, AND TO REPEAL SECTION 164.16 STRUCTURES TO HAVE ACCESS WHEREAS, in conjunction with members of Fayetteville's Planning Commission, the Housing Crisis Task Force, and the development community, an interdivisional group of staff identified three sections of the UDC where amendments may improve the availability and diversity of housing in Fayetteville including lot frontage requirements; and WHEREAS, addressing a recommendation from both the Housing Crisis Task Force and staff, this proposed amendment is intended to expand what can qualify as required lot frontage from only public streets to public streets in addition to alleys, multi -use trails, and public parks. 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 repeals the definition of frontage line in § 15 1. 01 and enacts a replacement definition as follows: "Frontage line. The property line or lines of a lot which coincide with a right-of-way or other public open space, including alleys, multi -use trails, and public parks." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of lot frontage in § 151.01 and enacts a replacement definition as follows: "Lot frontage (zoning). The front of a lot shall be construed to be the portion nearest the street, alley, multi -use trail, or public park. Where lots utilize only a public alley, multi -use trail or park to meet lot frontage requirements, development, landscaping, and other standards shall be required as if said alley, multi -use trail, or park were a public street." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of lot interior in § 151.01 and enacts a replacement definition as follows: "Lot, interior (zoning). A lot other than a corner lot with only one frontage on a street, alley, multi -use trail, or public or private park." Page 1 Ordinance: 6869 File Number: 2025-540 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of lot width in § 151.01 and enacts a replacement definition as follows: "Lot, width of (zoning). The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line, alley, multi -use trail, or public park) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.16 Structures to Have Access because this requirement is adequately addressed in other sections of the Unified Development Code. Page 2 Willa Thomason Submitted By City of Fayetteville Staff Review Form 2025-540 Item ID 5/6/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/18/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: Administrative Item (Amend Chapter 151 of the Unified Development Code): Submitted by CITY STAFF. The proposed code change modifies lot frontage standards to promote housing opportunities. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: 151.01 Definitions F Frontage line. The property line or lines of a lot which coincide with a right-of-way or other public open space, including alleys, multi -use trails, and public parks. Lot frontage (zoning). The front of a lot shall be construed to be the portion nearest the street, alley, multi -use trail, or public park. Where lots utilize only a public alley, multi -use trail or park to meet lot frontage requirements, development, landscaping, and other standards shall be required as if said alley, multi -use trail, or park were a public street. Lot interior (zoning). A lot other than a corner lot with only one frontage on a street, alley, multi -use trail, or public or private park. Lot width of (zoning). The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line, alley, multi -use trail, or public park) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply. Page 1 of 1 151.01 Definitions F Frontage line. The property line or lines of a lot which coincide with a right-of-way or other public open space, includine allevs. multi -use trails. and aublic narks. Lot frontage (zoning). The front of a lot shall be construed to be the portion nearest the street, alley, multi -use trail, or public park. Where lots utilize only a public alley, multi -use trail or park to meet lot frontage requirements, development, landscaping, and other standards shall be required as if said alley, multi -use trail, or park were a public street. Lot interior (zoning). A lot other than a corner lot with only one frontage on a street, alley, multi -use trail, or public or private park. Lot width of (zoning). The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line, alley, multi -use trail, or public park) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply. Page 1 of 1 Form vt.55 N\A ECEIVE 44X R05/12/2025 media C TY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 506851 PO #: Matter of: ORD 6869 AFFIDAVIT•STATE OF ARKANSAS 1. Maria Hernandez-Lopez do solemnly swear that 1 am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6869 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$240.16. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 05/11/25;NWA nwaonline.com 05/11/25 t7M4e114-ee4wif% Leal Clerk S� g �'o. State ofARKANSAS,County of Sebastian _ :2 Gam• - Subscribed and sworn to before me on this 12th day of May, 2025 _ p, v3_ N ARY PUBLIC Ordinance:6869 other sections of the Unified De- File Number: 2025-540 velopment Code. REVISE LOT FRONTAGE RE- PASSED and APPROVED on OUIREMENTS TO PROMOTE May 6,2025 HOUSING OPPORTUNITIES Approved: (AMEND CH.151): Molly Rawn,Mayor AN ORDINANCE TO AMEND Attest: SECTION 151.01 DEFINITIONS Kara Paxton, THE UNIFIED DEVELOPMENT City Clerk Treasurer CODE TO REVISE LOT This publication was paid for FRONTAGE REQUIREMENTS, by the City Clerk-Treasurer of AND TO REPEAL SECTION the City of Fayetteville, 164.16 STRUCTURES TO HAVE Arkansas. ACCESS Amount Paid:S240.16 WHEREAS, in conjunction May 11,2025 506851 with members of Fayetteville's Planning Commission, the Housing Crisis Task Force,and the development community,an interdivisional group of staff identified three sections of the UDC where amendments may improve the availability and di- versity of housing in Fayetteville including lot frontage require- ments;and WHEREAS,addressing a rec- ommendation from both the Housing Crisis Task Force and staff,this proposed amendment is intended to expand what can qualify as required lot frontage from only public streets to pub- lic streets in addition to alleys, multi-use trails, and public perks. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,Arkansas hereby repeals the definition of frontage line in §151.01 and enacts a replace- ment definition as follows: "Frontage line. The property line or lines of a lot which coin- cide with a right-of-way or other public open space,including al- leys,multi-use trails,and public parks." Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby repeals the definition of lot frontage in§ 151.01 and enacts a replace- ment definition as follows: "Lot frontage(zoning). The front of a lot shell be construed to be the portion nearest the street,alley,multi-use trail,or public park. Where lots utilize only a public alley,multi-use trail or park to meet lot frontage requirements, development, landscaping, and other stan- dards shall be required as if said alley, multi-use trail, or park were a public street." Section 3: That the City Council of the City of Fayet- teville.Arkansas hereby repeals the definition of lot interior in§ 151.01 and enacts a replace- ment definition as follows: "Lot,interior(zoning). A lot other than a corner lot with only one frontage on a street,alley, multi-use trail,or public or pri- vate park." Section 4: That the City Council of the City of Fayet- teville,Arkansas hereby repeals the definition of lot width in§ 151.01 and enacts a replace- ment definition as follows: °Lot,width of(zoning). The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided. however, that width between side lot lines at their foremost points (where they intersect with the street line,alley,multi- use trail,or public park)shall not be less than 80%of the re- quired lot width except in the case of lots on the turning circle of a cul-de-sac,where the 80% requirement shall not apply. Section 5: That the City Council of the City of Fayet- teville,Arkansas hereby repeals §164.16 Structures to Have Ac- cess because this requirement is adequately addressed in