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HomeMy WebLinkAbout2008-04-15 - Agenda With Final Results - ArchiveAldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.RhoadsTayellCityClerkSondraSmith11Ward3Position2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting April 15, 2008 A meeting of the Fayetteville City Council will be held on April 15, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: Hiring Freeze Appeals: Animal Services-two caregivers. A. Consent: 1. Approval of the April 01, 2008 City Council meeting minutes. APPROVED. 2. Bid # 08-33 Professional Turf Products: A resolution awarding Bid # 08-33 and approving the purchase of one (1) multi-deck mower from Professional Turf Products in the amount of$41,562.00 for use by the Parks & Recreation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 77-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Bid # 08-34 Truck Centers of Arkansas: A resolution awarding Bid # 08-34 and approving the purchase of one (1) tandem-axle truck tractor from Truck Centers of Arkansas in the amount of$85,038.00 for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 78-08. 4. Bid # 08-35 Williams Tractor: A resolution awarding Bid # 08-35 and approving the purchase of one (1) compact track excavator from Williams Tractor in the amount of 26,264.00 for use by the Water& Sewer Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 79-08. 5. Bid # 08-36 Warrior of Arkansas: A resolution awarding Bid # 08-36 and approving the purchase of one (1) compact tractor backhoe from Warrior of Arkansas in the amount of$30,798.00 for use by the Parks & Recreation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 80-08. 6. Bid # 08-38 Wayest Safety: A resolution awarding Bid # 08-38 and approving the purchase of one (1) breathing air station from Wayest Safety in the amount of$30,523.00 for use at the new fire station#3. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 81-08. 7. Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize federal-aid funds. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 82-08. 8. OMI Agreement: A resolution approving an out-of-scope agreement with OMI in the amount of $65,000.00 for WSIP West Side Cutover/Tieover Actions, WSIP Subproject WL-9; and approving a 5% contingency in the amount of$3,250.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-08. 9. Cherokee Nation: A resolution approving a budget adjustment in the amount of 500,000.00 to the Solid Waste Fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the Transfer Station. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: A resolution to approve the hiring of replacement employees for the following positions: A) One Senior Legal Assistant B) One Senior Secretary C) Two Animal Services Caregivers 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-08. 2. ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. This ordinance was left on the First Reading at the March 18, 2008 City Council meeting. This ordinance was left on the Second Reading at the April 1, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5128. 3. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. This ordinance was left on the First Reading at the April 1, 2008 City Council meeting. THIS ITEM WAS TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. 4. Repealing and Replacing § 51.137: An ordinance repealing and replacing § 51.137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances. This ordinance was left on the Second Reading at the April 1, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5129. C. New Business: 1. Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5130. 2. RZN 08-2936 (Mullins): An ordinance rezoning that property described in rezoning petition RZN 08-2936, for approximately 0.2 acres, located at 2846 South School Avenue from RSF-4, Residential Single-Family, 4 units per acre, to R-O, Residential Office. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5131. 3. RZN 08-2937 (Mountain Ranch Ph. III): An ordinance rezoning that property described in rezoning petition RZN 08-2937, for approximately 26.9 acres, located south of Mountain Ranch Phase I and Persimmon Street, east of the future extension of Rupple Road, from RSF-4, Residential Single-Family, 4 units per acre to RSF-8, Residential Single-Family, 8 units per acre. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. C-PZD 08-2894 (Park Centre): An ordinance establishing a Commercial Planned Zoning District titled C-PZD 08-2894 Park Centre, located at the northeast corner of Zion RoadNeterans Park Entry Drive, containing approximately 8.58 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. THIS ITEM WAS TABLED TO THE MAY 6, 2008 CITY COUNCIL MEETING. 5. Amend Chapter 96 Noise Control: An ordinance to amend Chapter 96: Noise Control of the Code of Fayetteville to enact § 96.09 to restrict the use of a compression release engine brake also known as "Jake Brake." PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5132. 6. R.W. Beck, Inc: A resolution approving a contract with R.W. Beck, Inc. in the amount of$110,700.00 to conduct a recycling study for the City of Fayetteville; and approving a budget adjustment in the amount of$10,700.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-08. 7. Fayetteville Municipal Airport Name Change: A resolution adopting the recommendation of the Airport Board and renaming the Fayetteville Municipal Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-08. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 7:35 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting April 15, 200L 7 4djotttyt, 3 Subject: C Motion To: Motion By: Seconded: Cook Allen RhoadsAAt - d e Ferrell Lucas Jordan Gray Thiel Mayor Coody Subject: CO Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell r% Lucas Jordan Gray bbThiel LZ v g Mayor Coody City Council Meeting April 15, 200L Subject: 4i ri n Motion To: APPf.Qv-U Motion By: CO D/L Seconded: Cook Allen iA jam+ Rhoads Ferrell Lucas fA f.- Jordan Gray S Thiel Mayor Coody Subject: P Q Motion To: Motion By: kk Seconded: 64 , Cook L4 Allen Rhoads Ferrell Lucas Jordan Gray g Thiel Mayor Coody 7, p City Council Meeting April 15, 200b Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody Subject: Motion To: 1 131 Motion By: Seconded: g a Cook Allen Rhoads f Ferrell Lucas Jordan Gray Thiel Mayor Coody o City Council Meeting April 15, 200a Subject:AK'I'4 Motion To: 0144-t Amut Motion By: Seconded: 14 6 , 3 , Cook Allen Rhoads b, fe Ferrell Lucas Jordan Gray Thiel Mayor CoodyQo- Subject: a Motion To: Motion By: Seconded: C 4, Cook f f Allen Rhoads ti Ferrell Lucas Jordan Gray Thiel Mayor Coody r 0 'd 7 -0 City Council Meeting April 15, 200L Subject: Motion To: Motion By: f£ Seconded: C 6, 81' Cook VA J Allen C ftp Rhoads vvl Ferrell Lucas Jordan E Gray Thiel 5136 Mayor Coody Subject: i CtO Motion To: Motion By: Seconded: Cook ca . A rAllen V Rhoads CW o Ferrell t/ Lucas Jordan f i/ Gray Thiel Mayor Coody City Council Meeting April 15, 200' Subject: T1 Z Dg Motion To: Motion By: dG mbu. Seconded: 1 0, 3 , Cook file Allen t/ Rhoads Ferrell Lucas Jordan PAS ) , , Gray ICSi' Thiel Mayor Coody Subject: Motion To: AAA' eoS 1490 Motion By: imLIZ Seconded: Cook Al Allen Rhoads r Ferrell eLucas Ash 141 Jordan l Gray Thiel f Mayor Coody City Council Meeting April 15, 200L Subject:Am"GO Motion To: Motion By: lei Seconded: Cook V 2tv Allen Rhoads Ferrell Lucas S Jordan b05d Gray Thiel Mayor Coody Subject: Motion To:p Motion By: Seconded: A7 dA4 Cook Allen NA Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody City Council Meeting April 15, 200h Subject:OAJ C46)d f Motion To: AO zIfLI)A Motion By: Seconded: r Cook I Allen Vi-xi Rhoads Ferrell Lucas Jordan Gray G Thiel c Mayor Coody 7 Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel P Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy AllenVjCWard3Positionl—Robert K.Rhoads City Clerk Sondra Smith T 11 Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting April 15, 2008 A meeting of the Fayetteville City Council will be held on April 15, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the April 01, 2008 City Council meeting minutes. 2. Bid # 08-33 Professional Turf Products: A resolution awarding Bid # 08-33 and approving the purchase of one (1) multi-deck mower from Professional Turf Products in the amount of$41,562.00 for use by the Parks & Recreation Division. 3. Bid # 08-34 Truck Centers of Arkansas: A resolution awarding Bid # 08-34 and approving the purchase of one (1) tandem-axle truck tractor from Truck Centers of Arkansas in the amount of$85,038.00 for use by the Transportation Division. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Bid # 08-35 Williams Tractor: A resolution awarding Bid # 08-35 and approving the purchase of one (1) compact track excavator from Williams Tractor in the amount of 26,264.00 for use by the Water& Sewer Division. 5. Bid # 08-36 Warrior of Arkansas: A resolution awarding Bid # 08-36 and approving the purchase of one (1) compact tractor backhoe from Warrior of Arkansas in the amount of$30,798.00 for use by the Parks & Recreation Division. 6. Bid # 08-38 Wayest Safety: A resolution awarding Bid # 08-38 and approving the purchase of one (1) breathing air station from Wayest Safety in the amount of$30,523.00 for use at the new fire station#3. 7. Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize federal-aid funds. 8. OMI Agreement: A resolution approving an out-of-scope agreement with OMI in the amount of $65,000.00 for WSIP West Side Cutover/Tieover Actions, WSIP Subproject WL-9; and approving a 5% contingency in the amount of$3,250.00. 9. Cherokee Nation: A resolution approving a budget adjustment in the amount of 500,000.00 to the Solid Waste Fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the Transfer Station. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: City Prosecutor—One Hot Check Proeram Clerk 2. ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. This ordinance was left on the First Reading at the March 18, 2008 City Council meeting. This ordinance was left on the Second Reading at the April 1, 2008 City Council meeting. 3. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. This ordinance was left on the First Reading at the April 1, 2008 City Council meeting. 4. Repealing and Replacing § 51.137: An ordinance repealing and replacing § 51.137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances. This ordinance was left on the Second Reading at the April 1, 2008 City Council meeting. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. New Business: 1. Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project. 2. RZN 08-2936 (Mullins): An ordinance rezoning that property described in rezoning petition RZN 08-2936, for approximately 0.2 acres, located at 2846 South School Avenue from RSF-4, Residential Single-Family, 4 units per acre, to R-O, Residential Office. 3. RZN 08-2937 (Mountain Ranch Ph. III): An ordinance rezoning that property described in rezoning petition RZN 08-2937, for approximately 26.9 acres, located south of Mountain Ranch Phase I and Persimmon Street, east of the future extension of Rupple Road, from RSF-4, Residential Single-Family, 4 units per acre to RSF-8, Residential Single-Family, 8 units per acre. 4. C-PZD 08-2894 (Park Centre): An ordinance establishing a Commercial Planned Zoning District titled C-PZD 08-2894 Park Centre, located at the northeast corner of Zion Road/Veterans Park Entry Drive, containing approximately 8.58 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. 5. Amend Chapter 96 Noise Control: An ordinance to amend Chapter 96: Noise Control of the Code of Fayetteville to enact §96.09 to restrict the use of a compression release engine brake also known as "Jake Brake." 6. R.W. Beck, Inc: A resolution approving a contract with R.W. Beck, Inc. in the amount of$110,700.00 to conduct a recycling study for the City of Fayetteville; and approving a budget adjustment in the amount of$10,700.00. 7. Fayetteville Municipal Airport Name Change: A resolution adopting the recommendation of the Airport Board and renaming the Fayetteville Municipal Airport. Announcements: 1. City Council Tour: None Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. 1 Hiring Freeze Page 1 of 2 CITY OF FAYETTEVILLE OFFICE OF THE PROSECUTING ATTORNEY CLINTON K. JONESMANDY FINKLEAHOTCHECKADMINISTRATOR CITY PROSECUTOR E-mail:hotcheck&l.fayetteville.ar.us BRIAN THOMAS 101 W.Mountain,Suite 202 FAYETTEVILLE,ARKANSAS 72701 DEPUTY CITY PROSECUTOR PHONE: (479)575-9377 479)575-9379 479)575-9374 479)575.9375 Hot Cheeks:(479)575.9264 FAX#: (479)575-9373 To: Mayor Dan Coody and members of the City Council From: Casey Jones,Fayetteville City Prosecutor Date: April 3,2008 Re: Replacement of Hot Check Program Clerk Recommendation: City Council approves the hiring of one (1) hot check program clerk to replace a recent resignation. Background: On January 4,2008, the Fayetteville City Council approved a hiring freeze for replacement employees funded by the General Fund. This hiring freeze allowed replacement of these positions with Council approval. On Wednesday,March 19, 2008, Senior Legal Assistant Dorothy Straub submitted her resignation. Discussion: The Fayetteville City Prosecutor's Office currently has ten(10)positions. Through a series of internal promotions the position of Senior Legal Assistant will be filled leaving the need to fill the position of hot check program clerk. The primary function of this position is the daily processing and administration of hot checks submitted by merchants to the City Prosecutor's office for collection. This includes sending warning letters,processing warrant requests as well as preparation of paperwork for trials held at the Fayetteville District Court. B. 1 FAYETTEVILLE Eing Freeze Page 2 of 2 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC: Casey Jones, City Prosecuting Attorney FROM: Kit Williams, City Attorney DATE: April 3, 2008 RE: Request for waiver of employee hiring freeze for a replacement employee for a retiring worker in City Prosecutor's Office I share the City Council's commitment to budgetary restraint and employee efficiency. When I became City Attorney in March 2001, I immediately reviewed all my office's ongoing expenses and made significant cuts in costs which were duplicative or otherwise unnecessary. I also instituted my own Departmental Staffing Freeze and have never requested from City Council any increase in personnel during my entire tenure (now over seven years). The cuts and the Staffing Freeze helped me keep my budget below the amount authorized for 2001 (prior to my appointment)through 2005. Although the City Prosecutor is facing an increasing work load with many more DWI cases to be prosecuted in the last few years, Casey and his staff have handled the extra case load without additional staff. They have also begun the aggressive overdue HMR prosecutions which went from virtually nothing before I became City Attorney to the recovery of over $450,000.00 since 2001. Half of this recovered HMR tax goes to our Parks Department. These new duties were again accomplished without any new personnel Now a long time and very valued employee is finally retiring. The City Prosecutor needs to fill this position (probably through internal promotions with a more entry level position to be filled by an outside applicant). Since we have held staffing to 2000 levels while our work load has increased, the City Prosecutor's Office cannot manage without a replacement employee being authorized by the City Council. CONCLUSION As probably the only City Department that has seen no increase in staffing levels since 2000, the City Attorney's Department requests the City Council to waive the hiring freeze to allow the hiring of an employee to bring the City Prosecutor's Division back up to authorized strength. B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 1 of 14 City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 18-Mar-08 City Council Meeting Date Leif Olson Long Range Planning Operations Submitted By Division Department Action Required: ADM 07-2712:Approval of an ordinance amending the Unified Development Code to allow Accessory Dwelling Units as a use by right with administrative approval in all single family zoning districts. 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 Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# n/a 2 2 i,ov Department rector Date Original Contract Date: n/a Original Contract Number: n/a City—Attorney Received ini, ffice CJ 3-3- Finance and Internal Service Director Date Received in Mayor's Office 29 0 zaa Mayor UateD Comments: LSV ms, biz ensece r IV- 141 tic- r(` rr cdrnJc 3/08 B.2 ADM 07-2712 Amend Chapters City Council Meeting of MarM•118921§08162, 163 and 164 Agenda Item Number Page 2 of 14 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, Long Range Planner Date: February 1, 2008 Subject: The request is to approve the proposed amendments to the Unified Development Code allowing Accessory Dwelling Units as a use-by-right in all residential zoning districts with administrative approval. RECOMMENDATION Planning Staff recommends approving the proposed Accessory Dwelling Unit Ordinance by the City Council. BACKGROUND The City Council has adopted a policy of addressing attainable housing as one of its top priorities. Planning Staff drafted a Housing White Paper in 2005 which outlined a series of policy alternatives that the City could implement in order to diversify the housing stock in terms of size and price points. One of the policy recommendations discussed in the white paper was to allow existing homeowners to construct accessory dwelling units on their property with administrative review and approval. Accessory Dwelling Units (ADUs) are currently permitted by conditional use in residential districts of the City. The Conditional Use Permit process by its very nature can discourage residents from proposing ADUs. The current structure of the ordinance gives very little design guidance to the property owner and the public. The public hearing process can also have the undesired consequence of creating a reactionary response by the public and results in projects being re-designed by adjoining neighbors and appointed and elected officials. This is often a result because there are few guiding rules for the applicant, the public, Planning Staff or the appointed and elected officials to follow. Planning Staff believes that a prescriptive ADU ordinance which addresses site design, bulk and area considerations,building heights, setbacks and architectural compatibility will ensure that new ADUs are appropriate in scale and design and that they will contribute to the community and neighborhood. B.2 ADM 07-2712 Amend Chapters City Council Meeting of Martl•Pgg2166$i62, 163 and 164 Agenda Item Number Page 3 of 14 Planning Staff is bringing this ordinance forward at this time in order to advance three of the six goals adopted by the City Council's passage of City Plan 2025. Allowing ADUs by right is a benchmark in City Plan 2025 for the Fall 2006— Summer 2007 schedule. Specifically, this ordinance is designed to address: Goal 1: We will make appropriate infill and revitalization our highest priority, Goal 2: We will discourage suburban sprawl, and Goal 6: We will create attainable housing. Administrative approval of ADUs will advance Goals 1 and 2 by encouraging the creation of dwelling units on property that has already been developed within the City. Low-density single-use residential property has the infrastructure already in place to allow for these infill opportunities. The larger lot sizes associated with low density zoning are prime locations for ADUs and will discourage sprawl by allowing appropriate and compatible small-scale residential uses to existing neighborhoods. ADUs by right are the very definition of infill and revitalization. ADUs can create attainable housing in a number of ways. They are often designed as a housing alternative for members of the family who may have special needs or life circumstances, for instance the traditional role of an ADU as a "granny unit' for the mother-in-law. Families with college age children may choose to construct an ADU rather than pay rent for a dorm room or off-campus apartment. ADUs can be a very effective housing solution for a variety of familial circumstances that evolve over time. Additionally, ADUs as rental units can provide the necessary income needed for a family to meet their monthly mortgage obligations. There is an abundance of literature that can be found on the internet regarding the social and economic advantages of ADUs. Here is a brief list of links about ADU ordinances in other municipalities: http://rainier.wa.us/Publications/adu30.pdf http://www.ci.santa-cruz.ca.us/pl/hcd/ADU/adu.html http://cosweb.ci.shoreline.wa.us/uploads/attachments/P ds/handouts/ADUpdf DISCUSSION The Planning Commission forwarded this item to the Ordinance Review Committee with a unanimous vote of 6-0. A concern brought up by the Planning Commission was that 600 sq. ft. would allow too large of a unit and perhaps 400 sq. ft. would be more appropriate. Staff has looked at the advantages and disadvantages of reducing the allowable square footage and is in favor of leaving it at 600 sq. ft. The downside of reducing the square footage is that you can reduce it to the point where it will in effect prescribe an efficiency type unit without a separate bedroom. An efficiency unit may be appropriate for younger people and students but most adults would not find it very practical. Staff believes that reducing the square footage will significantly limit the potential for a broad cross-section of the community to take advantage of this form of attainable housing. B.2 ADM 07-2712 Amend Chapters City Council Meeting of Marl•Pff92Wg162, 1 ss and 164 Agenda Item Number Page 4 of 14 The City Council Ordinance Review Committee forwarded this item to the full City Council with a unanimous 3-0 vote in favor of the proposed ordinance. Planning Staff has met internally and with the Council of Neighborhoods in February to discuss the Accessory Dwelling Unit Ordinance and to make any additional changes that would create a stronger"by right' ordinance. Therefore, Planning Staff has made the following changes to the ordinance in order to address some of the concerns brought up during these meetings; Requirement of impact fees for all accessory dwelling units. Requirement for separate water and sewer taps for the accessory dwelling unit. Proof of occupancy of the owner of the residence with a registration requirement annually. Requirement of site plan review by the Urban Forester with mitigation requirements for the removal of significant trees on the building site. The maximum building heights have been amended in order to mirror the way building height is determined for single family development. Requirement for the removal of cooking facilities when the owner no longer resides in either the principal or accessory dwelling unit. BUDGETIMPACT None B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 5 of 14 ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO AMEND CHAPTER 151: DEFINITIONS, CHAPTER 159: FEES, CHAPTER 161: ZONING REGULATIONS, CHAPTER 162: USE UNITS, CHAPTER 163: USE CONDITIONS AND CHAPTER 164 SUPPLEMENTARY DISTRICT REGULATIONS IN ORDER TO MAKE ACCESSORY DWELLING UNITS A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS CONTINGENT UPON PLANNING DIVISION ADMINISTRATIVE APPROVAL. WHEREAS, the City of Fayetteville recognizes that accessory dwelling units provide an additional housing choice for many residents of the City such as students and senior citizens; and WHEREAS, the City of Fayetteville has identified the need for increased housing options and variations in the existing housing market; and WHEREAS, the City of Fayetteville has determined that accessory dwelling units are appropriate in residential zoning districts; and WHEREAS, the City of Fayetteville recognizes that strict design guidelines will minimize cited concerns about appearance,mass and scale; and WHEREAS, the City of Fayetteville recognizes that an administrative approval process will streamline the development process and encourage the construction of additional accessory dwelling units; and WHEREAS, Accessory dwelling units that exceed the maximum standards prescribed in the proposed ordinance may request a variance from specific standards to the Planning Commission; B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 6 of 14 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1.That Chapter 151:Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to§151.01,a copy of which marked Exhibit"A"is attached hereto and made a part hereof. Section 2.That Chapter 159:Fees is amended by adding Accessory Dwelling Unit$100.00 to 159.01(B)(6). Section 3.That Chapter 161:Zoning Regulations is amended by adding Use Unit 41:Accessory Dwelling Units in§161.03 (B)(1), §161.04(B)(1), §161.05 (C), §161.06(C), §161.07(11)(1), §161.08 B)(1), §161.09(11)(1),and§161.23 (B)(1). Section 4.That Chapter 162:Use Units is amended by adding Accessory Dwelling Units as Use Unit 41 in§162.01 Section 5. That Chapter 163:Use Conditions is amended by removing Detached Second Dwelling Units(granny units) from §163.01: Listing, and removing all of§163.07: Detached Second Dwelling Units Granny Units)and re-numbering the remainder of Chapter 163:Use Conditions accordingly. Section 6.That Chapter 164:Supplementary District Regulations is amended by adding the proposed language in§164.19,a copy of which is marked Exhibit`B"attached hereto and made a part hereof. PASSED and APPROVED this the day of ,2008. APPROVED: By: DAN COODY,Mayor ATTEST: By: SONDRA SMITH,City Clerk B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 7 of 14 EXHIBIT "A" Chapter 757:Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to 757.07: Accessory Dwelling Unit. (Zoning)An Accessory Dwelling Unit is a separate dwelling unit from the principal dwelling unit,located on a single family zoned lot.The owner of the lot shall permanently reside in either the principal dwelling unit or the accessory dwelling unit located on the property. Principal Dwelling Unit. (Zoning)A Principal Dwelling Unit is the primary and larger of two dwelling units located on a single lot. B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 8 of 14 EXHIBIT "B" Chapter 164:Supplementary District Regulations is amended by adding the following section§164.19: Accessory Dwelling Units: 164.19 Accessory Dwelling Units (ADU) A) Purpose. The purpose of the accessory impact storm water mitigation dwelling unit ordinance is to authorize techniques,,; such as cisterns, rain accessory dwelling units in certain zoning barrels, permeable pavers, rain districts on lots already developed or that will gardens, .. indigenous plants and be developed concurrently with single-family landscape berms. dwellings. C) Permitted Zoning< Districts: Accessory B) Intent. Planning Staff shall evaluate the dwelling 'units shall be exempt from the following criteria for the review and approval density requirements of'.the underlying of an accessory dwelling unit application: zoning district and shall be,„permitted by- right on lots containing 5,006Oarefeet or 1) Exterior design of the accessory more in the following Zoning districts: dwelling unit should be compatible with the principal dwelling unit through 1) RA Residential Agricultural architectural use of building forms, height, construction materials, ;and 2) RSF 0.5 Residential Single Family — colors. One Half.”Unit per Acre 2) The property shall have infrastructure 3) RSF 1 Residential Single Family — water, sewer, gas, electric, etc.) that One Unit per Acre meets City standards to serve the accessory dwelling unit. 4) RSF 2 Residential Single Family — Two Units per Acre 3) The location(' and design of the accessory dwelling unit shall meet the 5) RSF — 4 Residential Single Family — required setbacks of the zoning district. Four Units per Acre 4) A two-story accessory dwelling unit 6) RSF — 7 Residential Single Family — should generally limit the major access Seven Units per Acre stairs, decks, 'entry doors, and major windows to the walls facing the.principal 7) RSF — 8 Residential Single Family — dwelling, or to the alley if applicable. Eight Units per Acre Windows that impact the privacy of the neighboring side or rear yard should be 8) NC Neighborhood Conservation minimized. The design of the accessory unit should relate to the design of the D) Administrative Design Review and Approval. principal residence and not visually All accessory dwelling units shall meet the dominate it or the surrounding following standards for administrative properties. approval by the Zoning and Development Administrator. Prior to approval of an 5) The orientation and location of buildings, accessory dwelling unit, the Zoning and structures, open spaces and other Development Administrator shall find that: features of the site should protect and maintain natural resources including 1) Maximum Square Feet and Number of significant trees and shrubs to the extent Bedrooms. The accessory dwelling unit feasible and minimize alteration of shall not be greater than 600 square natural land forms. Building profiles, feet of habitable space with a maximum location and orientation should relate to of one bedroom. Detached accessory natural land forms. dwelling units located above garage space shall be permitted so long as they 6) The site plan should incorporate low meet the height requirement herein. B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 9 of 14 possible, prior to application for an 2) Zoning. The accessory dwelling unit accessory dwelling unit, the applicant shall comply with all underlying zoning shall consult with the Urban Forester, to requirements including but not limited to prepare a site plan illustrating the building area, bulk and area, and location of all significant trees. All setbacks with the exception of density. significant trees on the property shall be adequately protected during 3) Parking. One parking space shall be construction. Any proposed removal of provided on-site for each accessory significant trees on the site will require dwelling unit. Required parking for the the following of the property owner: accessory dwelling unit is in addition to the required parking for the principal a) The applicant must show that the dwelling unit. On-street parking may be removal of a'significant tree or trees is counted towards the total parking necessary in order to locate the requirement where it is allowed in the accessory dwelling unit on the lot and public right-of-way adjacent to the also meetall contributing location subject property.requirements'such as building setbacks, utility or drainage easements, 4) Existing Development on Lot. A single- topography, etc. family dwelling shall exist on the lot or shall be constructed in conjunction with b) For every significantitree removed the accessory dwelling unit. No building the property owner shall replace said permit shall be issued until this tree with a total of two (2) two-inch requirement is satisfied. caliper large species shade trees from the list of approved tree species in a 5) Maximum Number of Accessory location deemed appropriate by the Dwelling Units per Lot. A maximums of Urban Forester. one accessory dwelling unit shall be, permitted for each lot. c) Should the Urban Forester find justifiable cause to determine a 6) Other Code Requirements. The significant tree or trees were removed in accessory dwelling unit shall comply an attempt to thwart the intent of this with the requirements,of the City of ordinance prior to application for an Fayetteville Uniform Buildirg Code. accessory dwelling unit, the application shall not be approved administratively. 7) Water and Sewer. Water and sewer service for the accessory dwelling unit 12)Building Height and Stories. shall be connected directly to the,pubic water and sewer system, where a) A one-story detached accessory reasonably accessible in accordance -dwelling unit shall be a maximum of 20 with all applicable regulations, and shall feet in height to the roof peak measured be metered separately from the principal from the existing adjacent grade. residence. b) A detached accessory dwelling unit 8) Occupancy. The property owner must above one story shall be a maximum of permanently occupy either the principal 25 feet in height to the roof peak or accessory dwelling unit. measured from the existing adjacent grade. 9) Maximum Occupancy of the Accessory Dwelling Unit:' `A maximum of two c) An attached accessory dwelling unit persons shall' reside in an accessory may occupy a first or second story of a dwelling unit. principal dwelling unit and shall not in any instance be taller than the roof line 10)Registration of Dwelling Units. The of the principal dwelling unit. principal and accessory dwelling unit shall be registered on an annual basis, from the date of approval, with the 13)Building Design. The architectural Planning Division to verify occupancy design of the accessory dwelling unit requirements. shall relate to the design of the principal dwelling by the use of similar exterior 11) Tree Preservation. To protect existing wall materials, window types, door and tree canopy to the greatest extent window trims, roofing materials and roof B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 10 of 14 pitch. The following materials must be property was acquired by the present owner submitted for review of an application: and stating that: a) A material sample board indicating 1) The accessory dwelling unit shall not be type of materials and colors to be used sold separately from the principal on the exterior of the building. residence. b) An architectural elevation drawing of 2) The accessory unit is restricted to the all sides of the proposed structure. approved size. c) Images or architectural elevations of 3) The property owner shall at all times the principal dwelling unit. reside on the property. E) Site Plan Requirements. Three sets of 4) The above restrictions are binding upon detailed site plans are required with the any successor in ownership of the following information: property and shall run with the property. 1) Scale no smaller than 1" =30' (one inch G) Planning Commission Approval. An applicant equals thirty feet) may request approval from the Planning Commission of a variance from the 2) A north arrow maximum requirements for size (square feet), height, and materials for an accessory 3) Property lines dwelling unit, where unique circumstances exist and the effect will not adversely affect 4) Locations and dimensions of all rights- adjoining or neighboring property owners. of-way, utility, drainage and tree Applicants may ask for a variance from the preservation easements, and building requirement for separate water and sewer setbacks taps if a hardship exists, such as difficult access or topography. The applicant shall 5) All existing and proposed structures with provide notification to adjacent property accompanying uses owners prior to the date of the meeting. 6) Size of parcel in square feet or acres. H) Existing Detached Second (Accessory) Dwelling Units. 7) Size of all ;existing an proposed structures in square feet 1) Conforming Units. Existing detached second dwelling units approved by the 8) Name of the applicant or property Planning Commission by conditional use owner, plan preparer, project name and and constructed shall be considered a project address in a title block legal conforming accessory dwelling on the property. Property owners shall 9) Pertinent special' features such .as register the principal and accessory drainage features, berms, fences, and dwelling on an annual basis with the retaining walls Planning Division. 10)Parking areas, including driveways, with 2) Nonconforming Units. Existing detached paving materials and dimensions second dwelling units that were not approved by the Planning Commission 11)A landscape plan showing the location shall be considered nonconforming. An of all proposed landscaping, size of application for administrative approval plant materials and species may be made to convert an existing nonconforming detached second 12)Tree protection plan including all dwelling unit to a conforming legal significant trees and protection detached second dwelling unit, where measures the existing unit can meet the requirements herein. Where an existing F) Deed Restrictions. Before obtaining a nonconforming second dwelling unit building permit for an accessory dwelling unit exists as of the date of the adoption of the property owner shall file with the this ordinance that can not meet the Washington County Clerk's Office a requirements herein, the applicant may declaration of restrictions containing a apply for a variance of the requirements reference to the deed under which the stated. B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 11 of 14 property,the owner shall remove the cooking 1) Non-Conforming Structures. Non-conforming facilities from the Accessory Dwelling Unit or structures may not be converted into an the City shall turn off water service to the accessory dwelling unit unless a variance Accessory Dwelling Unit. has been granted by the Board of Adjustment.K) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent J) If the property owner no longer resides on the of the law. B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 12 of 14 ADM 07-2712: (ACCESSORY DWELLING UNITS): An ordinance amending the Unified Development Code to allow Accessory Dwelling Units by right in Residential Zoning Districts. Tim Conklin, Planning and Development Management Director, explained that the accessory dwelling unit ordinance was one of the benchmarks adopted by the City Council. The proposed ordinance was drafted to allow existing homeowners to construct accessory dwelling units. He explained that accessory dwelling units also known as detached second dwelling units are currently permitted by conditional use. Planning staff was bringing forward a prescriptive ordinance that addresses site design,bulk and area,building height, setback, and architectural compatibility. The ordinance advances three of the six goals adopted in City Plan 2025: Allowing accessory dwelling units meets Goal 1, Appropriate Infill, discouraging suburban sprawl meets Goal 2, and creating attainable housing meets Goal 6.He suggested the Commissioners review what was adopted by other communities in Washington,Wisconsin,and California.A PowerPoint presentation was shown that discussed the benefits of the ordinance and how it relates specifically to Fayetteville. Conklin asked that if the Commissioners had any additional requirements or suggestions above and beyond those discussed, that he be notified. Each exhibit was presented and summarized. Commissioner Anthes asked if it will modify approved PZDs. Conklin stated that no,it's too complicated to do so with all Residential PZDs.Instead,Use Unit 41, Accessory Dwelling Units,will be added to the UDC and could be used to amend an existing PZD through the City Council process. Public Comment was received: Joann Kvamme,neighbor,stated she is concerned about small lot sizes. She stated that the amount of coverage on a lot be considered by the amount of impervious surface. She expressed drainage concerns and how the additional units would change the flavor of neighborhood. She expressed that ADU's should be looked at on a case by case basis. She thought this proposed ordinance was too risky for the City to blanket approval ADU's. She understood PZDs won't change,but once a person buys the property, they could change it after it is built. She also expressed concern that off-street parking won't be enough to serve the ADU. Dan Conner stated the main reason they haven't been approved is the whole neighborhood comes out and fights it. He suggested they keep ADU's as a conditional use permit. Conklin stated that the City does have lot coverage standards,but they don't have them for actual paving. With regard to previous ones, they typically aren't a problem if they are done correctly. If this is something we want to encourage, as affordable housing, or if there needs to be additional requirements to make it more prescriptive,please let staff know your ideas. Commissioner Anthes asked if development in PZDs can change. Conklin stated that no, the PZD ordinance goes with the Land. B.2 ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164 Page 13 of 14 Commissioner Ostner asked about R-O zoning and ADU's. Conklin stated they tried to stay with just single-family,because they currently only allow one single family dwelling. Commissioner Ostner asked if there was an impact fee for an additional unit. Conklin confirmed that impact fees would apply to each new unit. Commissioner Ostner asked if there were separate water/sewer taps, or together? Conklin stated that he has seen it done both ways. Commissioner Ostner stated it can get expensive to build an ADU.He questioned trash pick up and how that would be handled. He stated that Mr. Conner had a good point that people fight these requested-for ADU's. He stated that there were no parameters in previous applications—no specific rules and that they probably should have been fought.He stated he thought 600 square feet was too big. He thought 400-500 s.f.would be more appropriate.He would like to see the ordinance say 400 s.f.,instead. He stated that he lived in 420 s.f.with a roommate.He thought the Ordinance is terrific, to set up rules to promote ADU's.He stated that density is what is going to save this town.You can get more shops, and keep Dickson alive. This is a great way to do density right. Commissioner Winston asked about the size of the dwelling unit on the right in the slideshow. Conklin stated that he did not know but would find out. Commissioner Ostner stated he hopes that the entire property, both ADU and primary dwelling don't becomes rent houses. And that you could have six people living in these houses. Commissioner Anthes asked about a deed restriction on the property that requires owner occupancy for one of the units. Commissioner Ostner asked about the potential problem of an unscrupulous owner who doesn't occupy one of the units. Commissioner Bryant asked how the deed restriction worked and how it would be enforced. She asked what stops them from renting both out. Pate stated that if there is a violation of UDC, it will be prosecuted. Commissioner Cabe asked about the amount of buildable area, and how this ordinance would impact existing second dwelling units that did not go through CUP. He also asked about grandfathered units.