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HomeMy WebLinkAboutOrdinance 5128 ORDINANCE NO. 5128 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; 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 § 15 1 .01 , a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Page 2 Ord. 5128 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 (13)(1 ), § 161 .04 (B)(1 ), § 161 .05 (C), § 161 .06 (C), § 161 .07 (B)(1 ), § 161 .08 (13)( 1 ), § 161 .09 (13)( 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. +++41+¢±nnp",� �,,��s:a v)iy •tisd PASSED and APPROVED this the 15th day of April, 2008. c 4 1-IIA3113,kV3 : APPROVE ATTEST: ' By: By: , 11rnunuw+++" DAN COODY, Mayor S NDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" Chapter 151: Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to §151.01: 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. 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 barrels, permeable pavers, rain dwelling unit ordinance is to authorize gardens, indigenous plants and accessory dwelling units in certain zoning landscape berms. districts on lots already developed or that will be developed concurrently with single-family (C) Permitted Zoning Districts: Accessory dwellings. dwelling units shall be exempt from the density requirements of the underlying (B) Intent. Planning Staff shall evaluate the zoning district and shall be permitted by- following criteria for the review and approval right on lots containing 5,000 square feet or of an accessory dwelling unit application: more in the following Zoning districts: (1) Exterior design of the accessory (1 ) R-A Residential Agricultural dwelling unit should be compatible with the principal dwelling unit through (2) RSF — 0.5 Residential Single Family — architectural use of building fors, One Half Unit per Acre height, construction materials, and colors. (3) RSF — 1 Residential Single Family — One Unit per Acre (2) The property shall have infrastructure (water, sewer, gas, electric, etc.) that (4) RSF — 2 Residential Single Family — meets City standards to serve the Two Units per Acre accessory dwelling unit. (5) RSF — 4 Residential Single Family — (3) The location and design of the Four Units per Acre accessory dwelling unit shall meet the required setbacks of the zoning district. (6) RSF — 7 Residential Single Family — Seven Units per Acre (4) A two-story accessory dwelling unit should generally limit the major access (7) RSF — 8 Residential Single Family — stairs, decks, entry doors, and major Eight Units per Acre windows to the walls facing the principal dwelling, or to the alley if applicable. (8) NC Neighborhood Conservation Windows that impact the privacy of the neighboring side or rear yard should be (D) Administrative Design Review and Approval. minimized. The design of the accessory All accessory dwelling units shall meet the unit should relate to the design of the following standards for administrative principal residence and not visually approval by the Zoning and Development dominate it or the surrounding Administrator. Prior to approval of an properties. accessory dwelling unit, the Zoning and Development Administrator shall find that: (5) The orientation and location of buildings, structures, open spaces and other (1 ) Maximum Square Feet and Number of features of the site should protect and Bedrooms. The accessory dwelling unit maintain natural resources including shall not be greater than 600 square significant trees and shrubs to the extent feet of habitable space with a maximum feasible and minimize alteration of of one bedroom. Detached accessory natural land forms. Building profiles, dwelling units located above garage location and orientation should relate to space shall be permitted so long as they natural land fors. meet the height requirement herein. (2) Zoning. The accessory dwelling unit (6) The site plan should incorporate low shall comply with all underlying zoning impact storm water mitigation requirements including but not limited to techniques, such as cisterns, rain building area, bulk and area, and setbacks with the exception of density. significant trees on the property shall be adequately protected during (3) Packing. 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 meet all 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 significant tree 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 maximum 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 Building 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, (13) Building Design. The architectural from the date of approval, with the design of the accessory dwelling unit Planning Division to verity occupancy shall relate to the design of the principal requirements. dwelling by the use of similar exterior wall materials, window types, door and (11) Tree Preservation. To protect existing window trims, roofing materials and roof tree canopy to the greatest extent pitch. The following materials must be possible, prior to application for an submitted for review of an application: accessory dwelling unit, the applicant shall consult with the Urban Forester, to (a) A material sample board indicating prepare a site plan illustrating the type of materials and colors to be used location of all significant trees. All on the exterior of the building. (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 and 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 dale 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. property was acquired by the present owner and stating that: (I) Non-Conforming Structures. Non-conforming (1 ) The accessory dwelling unit shall not be structures may not be converted into an sold separately from the principal accessory dwelling unit unless a variance residence. has been granted by the Board of J D !7 City of FayettevilleM /oar%2 Staff Review Form Var/ms 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 Budgetdd Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 2 2 �ioS Department vector Date Original Contract Date: n/a F/L�qOriginal Contract Number: n/a 2- Z9 - d7 rty Attorney Received in fit Clerffi k's ce Finance and Internal Service Director Date Received in Mayors Office qwq �/-�462 Mayor Comments: City Council Meeting of March 18, 2008 Agenda ]tem Number 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 terns 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 ]tearing 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. City Council Meeting of March 18, 2008 Agenda Item Number 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 intemet regarding the social and economic advantages of ADUs. Here is a brief list of links about ADU ordinances in other municipalities: littp://rainier.wa.us/Publications/adu30.pdf http://www.ci .santa-cruz.ca.us/pned/ADU/adu.htm] littp:Hcosweb ci .slioreline.wa.us/uploads/attachments/pds/handouts/ADU.pdf 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. City Council Meeting of March 18, 2008 Agenda ]tem Number 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 intemally 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 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; f 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 159.0 ] (13)(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 (B)('1 ), § '161 .08 (13)(1 ), § 161 .09 (13)(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 EXHIBIT "A" LI Chapter 151: Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to §151.01: 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. 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 dwelling unit ordinance is to authorize accessory dwelling units in certain zoning districts on lots already developed or that will be developed concurrently with single-family dwellings. (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with the principal dwelling unit through architectural use of building forms, height, construction materials, and colors. (2) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (3) The location and design of the accessory. dwelling unit shall meet the required setbacks of the zoning district. (4) A two-story accessory dwelling unit should generally limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard should be minimized. The design of the accessory unit should relate to the design of the principal residence and not visually dominate it or the surrounding properties. (5) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms. (6) The site plan should incorporate low impact storm water mitigation techniques, ' such as cisterns, rain barrels, ,'permeable pavers, rain gardens, indigenous plants and landscape berms. (C) Permitted Zoning Districts: Accessory dwelling units shallbe"exempt from the density requirements .of\:the underlying zoning district and shall'be�permitted by - right on lots containing 5,000 square feet or more in the following Zoning districts: (1) R -A Residential Agricultural (2) RSF — 0.5 Residential Single Family — One Half Unit per Acre (3) RSF — 1 Residential Single Family — 2�, One Unit per Acre i (4) RSF — 2 Residential Single Family — Two Units per Acre (5) RSF — 4 Residential Single Family — Four Units per Acre (6) RSF — 7 Residential Single Family — Seven Units per Acre (7) RSF — 8 Residential Single Family — Eight Units per Acre (8) NC Neighborhood Conservation (D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (1) Maximum Square Feet and Number of Bedrooms. The accessory dwelling unit shall not be greater than 600 square feet of habitable space with a maximum of one bedroom. Detached accessory dwelling units located above garage space shall be permitted so long as they meet the height requirement herein. (2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density. (3) Parking. One parking space shall be provided on -site for each accessory dwelling unit. Required parking for the accessory dwelling unit is in addition to the required parking for the principal dwelling unit. On -street parking may be counted towards the total parking requirement where it is allowed in the public right-of-way adjacent to the subject property. (4) Existing Development on Lot. A single- family dwelling shall exist on the lot or shall be constructed in conjunction with the accessory dwelling unit. No building permit shall be issued until this requirement is satisfied. (5) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one accessory dwelling unit shall be permitted for each lot. (6) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the City of Fayetteville Uniform Building Code. (7) Water and Sewer. Water and sewer service for the accessory dwelling unit shall be connected directly to the pubic water and sewer system, - where reasonably accessible' in accordance with all applicable regulations, and shall be metered separately from the principal residence. % (8) Occupancy. The property owner must permanently occupy either the principal or accessory dwelling unit. (9) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two persons shall reside in an accessory dwelling unit. (10) Registration of Dwelling Units. The principal and accessory dwelling unit shall be registered on an annual basis, from the date of approval, with the Planning Division to verify occupancy requirements. (11) Tree Preservation. To protect existing tree canopy to the greatest extent possible, prior to application for an accessory dwelling unit, the applicant shall consult with the Urban Forester, to prepare a site plan illustrating the location of all significant trees. All significant trees on the property shall be adequately protected during construction. Any proposed removal of significant trees on the site will require the following of the property owner: (a) The applicant must show that the removal of a significant tree or trees is necessary in order to locate the accessory dwelling unit on the lot and also meet all contributing location requirements such as building setbacks, utility or drainage easements, topography, etc. (b) For every significant tree removed the property owner shall replace said tree with a total of two (2) two-inch caliper large species shade trees from the list of approved tree species in a location deemed appropriate by the Urban Forester. (c) Should the Urban Forester find justifiable .'cause to determine a significant tree or trees were removed in an attempt to thwart the intent of this ordinance prior to application for an accessory dwelling unit, the application shall not be approved administratively. (12) Building Height and Stories. (a) A one-story detached accessory dwelling unit shall be a maximum of 20 feet in height to the roof peak measured from the existing adjacent grade. (b) A detached accessory dwelling unit above one story shall be a maximum of 25 feet in height to the roof peak measured from the existing adjacent grade. (c) An attached accessory dwelling unit may occupy a first or second story of a principal dwelling unit and shall not in any instance be taller than the roof line of the principal dwelling unit. (13)Building Design. The architectural design of the accessory dwelling unit shall relate to the design of the principal dwelling by the use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The following materials must be submitted for review of an application: (a) A material sample board indicating type of materials and colors to be used on the exterior of the building. (b) An architectural elevation drawing of all sides of the proposed structure. (c) Images or architectural elevations of the principal dwelling unit. (E) Site Plan Requirements. Three sets of detailed site plans are required with the following information: (1) Scale no smaller than 1" = 30' (one inch equals thirty feet) (2) A north arrow (3) Property lines (4) Locations and dimensions of all rights - of -way, utility, drainage and tree preservation easements, and building setbacks (5) All existing and proposed structures with accompanying uses (6) Size of parcel in square feet or acres. (7) Size of all existing and proposed structures in square feet (8) Name of the applicant or property owner, plan preparer, project name and project address in a title block (9) Pertinent special features such ,as drainage features, berms, fences, and retaining walls F (10) Parking areas, including driveways, with paving materials and dimensions (11)A landscape plan showing the location of all proposed landscaping, size of plant materials and species (12)Tree protection plan including all significant trees and protection measures (F) Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Washington County Clerk's Office a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: (1) The accessory dwelling unit shall not be sold separately from the principal residence. (2) The accessory unit is restricted to the approved size. (3) The property owner shall at all times reside on the property. (4) The above restrictions are binding upon any successor in ownership of the property and shall run with the property. (G) Planning Commission Approval. An applicant may. request approval from the Planning Commission of a variance from the maximum requirements for size (square feet), height, and materials for an accessory dwelling unit, where unique circumstances exist arid the effect will not adversely affect adjoining or neighboring property owners. Applicants may ask for a variance from the requirement for separate water and sewer taps if a .hardship exists, such as difficult access or topography. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (H) Existing Detached Second (Accessory) Dwelling Units. (1) Conforming Units. Existing detached second dwelling units approved by the Planning Commission by conditional use and constructed shall be considered a legal conforming accessory dwelling on the property. Property owners shall register the principal and accessory dwelling on an annual basis with the Planning Division. (2) Nonconforming Units. Existing detached second dwelling units that were not approved by the Planning Commission shall be considered nonconforming. An application for administrative approval may be made to convert an existing nonconforming detached second dwelling unit to a conforming legal detached second dwelling unit, where the existing unit can meet the requirements herein. Where an existing nonconforming second dwelling unit exists as of the date of the adoption of this ordinance that can not meet the requirements herein, the applicant may apply for a variance of the requirements stated. (I) Non -Conforming Structures. Non -conforming structures may not be converted into an accessory dwelling unit unless a variance has been granted by the Board of Adjustment. (J) If the property owner no longer resides on the property, the owner shall remove the cooking facilities from the Accessory Dwelling Unit or the City shall turn off water service to the Accessory Dwelling Unit. (K) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent of the law. IL 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. 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 lie 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 Ostncr 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. Motion: Commissioner Myres made a motion to forward the request to ordinance review. Commissioner Cabe seconded the motion. Commissioner Anthes stated she appreciates staffs work on research to produce a predictable outcome with this process. She discussed the benefits of this ordinance with helping to create additional income to allow citizens afford housing, the downsizing of families, and being able to stay in neighborhood. She stated that she supported this ordinance. Upon roll call the motion passed with a vote of 6-0-0 4 From: Jeremy Pate To: Pearman, Clarice Date: 4.16.08 1:25 PM Subject: Re: CC items approved 04-15-08 - CC: Conklin, Tim Tim is out on vacation today, but I've copied him on this message so he can get the correct ordinance exhibits upon his return. thanks, Jeremy >>> Clarice Pearman 4/16/2008 1:21 PM >>> Thanks Jeremy. What do you have an ordinance for ADM 4712 Amending 151, 159, 161, 162, 163 & 164? I appreciate your help. Clarice >>> Jeremy Pate 4.16.08 8:35 AM >>> Clarice, Please find the attached item, approved last night by the City Council: RZN 08-2936 (Mullins): ord + Exh A Please let me know if you have any questions. thanks, Jeremy Jeremy C. Pate, APA, ASIA Director of Current Planning City of Fayetteville NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5128 April 23, 2008 Publication Charge: $416.73 Subscribed and sworn to before me This,?9day of , 2008. Notary Public —4≥% My Commission Expires: r C, .10 / z Do not pay from Affidavit, an invoice will be sent �oMM.'�gYL\ ���pTARy• :�' RECEIVE® MAY 0 2 200a C y y CLERKS OF ICE iPMENT CODE OF THE CODE Of- tAYtl- TO AMEND CHAPTER 151: DEFINITIONS, R 159: FEES, CHAPTER 161: ZONING TONS, CHAPTER 162: USE UNITS. CHAP - 3: USE CONDITIONS AND CHAPTER 164 MENTARW DISTRICT REGULATIONS IN TO MAKE ACCESSORY DWELUNG UNITS A ryeville USE IN ALL RESIDENTIAL ZON- WNBREAS, the City of Fayetteville recognizes Chet accessory dwelling units provide an additional rousing cndce for many residents of vie City such as students and senior citizens; end WHEREAS, the City of Fayetteville has identified the need for increased housing options and vari- ations in the existing housing market; and WHEREAS, the City of Fayeteville 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 con- cerns about appearance, mass and scale; and approval _ _ I~e theBdevvelopmeS, the nt pro01 cess anle d en�courlzes that an administrative age the construction o aional accessory ldwelling - units; and WHEREAS, Accessory dwelling units that exceed the maximum standards prescribed in the pro- posed ordinance may request a variance from specific standards to the Planning Commission; NOW, THEREFORE, BE IT ORDAINED BT THE CITY COUNCIL OF THE CITY OF FAYSTTEVIW, 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' Ais 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(BX6). Section 3. That Chapter 161: Zoning Regulations is amended by adding Use Unit 41: Accessory Dwelling Units in §161.03 (8X1)• §161.04 (BX1). §161.05 (C). §161.06 (C), §161.07 (BX1). §161:08 (BX1), §161.09 (8X1), and §161.23 (BX1). Section 4. That Chapter 162: Use Units is amended by adding Accessory Dwelling Units as Use Unit 41in §162.01. Section 5. That Chapter 163: Use Conditions is amended by removing Detached Second Dwelling Units (granny units) from §163O1: Usting, and removing all of §163.07: Detached Second Dwelling Units (Granny Units) and renumbering the remainder of Chapter 183: Use Conditions accordingly. Section 6, That Chapter 164: SupplementaryDistrict Regulations Is amended by adding the pro - nosed lannuage in §164.19. a copy of which is marked Exhibit'B' attached hereto and made a part PASSED and APPROVED this the 15th day of April. 2008. ATTEST: By: SONORA B. SMITH, CRT grsA7TYSAa&oAz EXHIBIT -A' 151: Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit (Zoning) An Accessory Dwelling Unit is a separate dwelling unit from rated on a single family zoned lot. the owner unitlocatedt s ms Profitne e 3ll perrflanE a1 dwelling unit or the accessory g 'oninal A Principal Dwelling Unit is the primary and larger of two dwe EXHIBIT'B' Chapter 164: Supplementary District Regulations is amended by adding me following section §164.19: Accessory Dwelling Units: 164.19 Accessory Dwelling Units (ADU) (A) Purpose. The purpose of the accessory dwelling unit, ordinance is to authorize accessory dwelling units in certain zoning districts on lots already developed Or that will be developed cm - the following criteria for the review and approval of an welling unit application: tenor design of the accessory dwelling unit should be compatible with the principal dwelling rough architectural use of building forms, height, construction materials, and colors, e property shall have infrastructure (water, sewer, gas, electric, etc.) that beets City standards ve the accessory dwelling unit. ie location and design of the accessory dwelling unit shall meet the required setbacks of the g district. two -stay accessory dwelling unit should generally limit the major access stairs, docks, entry and major windows to the walls facing the principal dwelling, or to me al it applicable. sws that impact the privacy of the neighboring side or rear yard should be minimized. The n of the accessory wit should relate to the design of me principal residence and not visually &ate it or the surrounding properties, ntl other features S the site (5) The orientation an0 ecauui m should protect and maintain nature feasible end minimize alteration a .w.. rte micro to natural land forms. ments of the underh square feet or more (1) R -A Residential 121 RSF —0.5 Reside RSF - RSF- NCI mldings, structures, open spaces e resources including significant trees and shrubs to the extent natural land forms. Building profiles, location and orientation low impact storm water mitigation techniques, such as cisterns, gardens, indigenous plants and landscape berms. essory dwelling units shall be exempt from the density require trict and shall be permitted by- right on lots containing 5.0DC - One Half Unit per Acre -One Unit per Acre - Two Units per Acre Four Units per Acre - Seven Units per Acre - Eight Units per Acre gnoum000 cwiber.miu„ trative Design Review and Approval. All accessory dwelling units shall meet the follow - is for administrative approval by the Zoning and Development Admmisaator. Prior to an accessory dwelling unit, the Zoning and Development Administrator shall find that: m Square Feet and Number of Bedrooms. The accessory dwelling unit shall not be 1600 square feet of habitable space with a maximum of one bedroom. Detached acces- ig units located above garage space shall be permitted so long Ss may meet the height rem nmeiu. Ig. The accessory dwelling unit shall comply with all underlying zoning requirements Inc u - ot limited to building area, bulk and area, and setbacks with the exception of density. ng. One parking space shall be provided on -site for each accessory dwelling unit. Required for the accessory dwelling unit Is in addition to the required parking for the principal dwelling -unreel oarkino may be counted towards the total parking requirement where it is allowed In DECEIVED MAY 0 S 2008 C CITY OF FFICE . ---j--- • -,-_- nt on Let. A single-family unit. nnog shall exist on the orit shiall sued the accessory dwelling g pit ifiber m Acc; wiry uvrelling Units per W. A maximum of one accessory dwell nutted for each lot. loquirements. The accessory evening unit shall comply with the requirements of Ie Uniform Building Code. ewer. Water and sewer service for the accessory dwelling unit shall be connect tic water and sewer system, where reasonably accessible in accordance with ations. and shall be metered separately from the principal residence. The property owner must permanently occupy either the principal or access (9) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two persons shall reside in an accessory dwelling unit. (10) Registration of Dwelling Units. The principal and accessory dwelling unit shall be registered on an annual basis, from the date of approval, with the Planning Division to verity occupancy require- ments. (11) Tree Preservation. To protect existing tree canopy to the greatest extent possible, prior to appli- cation for an accessory dwelling unit, the applicant shall consult with the Urban Forester, to prepare a site plan illustrating the location of all significant trees. All significant trees on the property shall be adequately protected during construction. Any proposed removal of significant trees on the site will require the following of the property owner: (a) The applicant must stow that the removal of a significant tree or trees Is necessary In Older to locate the accessory dwelling unit on the lot and also meet all contributing location requirements such as building setbacks, utility or drainage easements, topography, etc. (b) For overy'signiffcant tree removed the property owner shall replace said tree with a total of two (2) two-inch caliper large species shade trees from the list of approved tree species In a location deemed appropriate by the Urban Forester. (c) Should me Urban Forester find justifiable cause to determine a significant tree or trees were removed in an attempt to thwart this intent of this ordinance prior to application for an accessory dwelling unit, the application shall not be approved administratively. (12) Building Height and Stories. (a) A one-story detached accessory dwelling unit shall be a maximum of 20 feet In height to the root peak measured from the existing adjacent grade. (b) A detached accessory dwelling unit above one story shell be a maximum of 25 feet in height to the roof peak measured from the existing adjacent grade. (c) An attached accessory dwelling unit may occupy a first or second story of a principal dwelling unit and shall not in any instance be taller than the roof line of the principal dwelling unit. (13) Building Design. The architectural design of the accessory dwelling unit shell relate to the design of the principal dwelling by the use of similar exterior wall materials, window types, door and window trios, roofing materials and roof pitch. The following materials must be submitted for review of an application: (a) A material sample board indicating type of materials and colors to be used on the exterior of the building. (b) An architectural elevation drawing of all sides of the proposed structure. (c) Images or architectural elevations of the principal dwelling unit, (E) Site Plan Requirements. Three sets of detailed site plane are required with the following Informs-, Uon: (1) Scale no smaller than 1' = 30(are inch equals thirty feet) (2) A north arrow (3) Property lines 4) Locations and dimensions of all rights -of -way, utility, drainage and tree preservation easements, and building setbacks ;5) All existing and proposed structures with accompanying uses ;6) Size of parcel in square feet or acres. ;7) Size of all existing and proposed structures in square feet ;8) Name of the applicant or property owner, plan preparer, project name and project address in a features such as drainage features, berms, fences, and retaining walls ncluding driveways, with paving materials and dimensions in showing the location of all proposed landscaping, size of plant materials and (12) Tree protection plan including all significant trees and protection measures (F) Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit me proper- ty owner shall file with the Washington County Clerk% Office a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: (1) The accessory dwelling unit shall not be sold separately from the principal residence. (2) The accessory unit is restricted to the approved size. (3) The property owner shall at all times reside on the property. (4) The above restrictions are binding upon any successor in ownership of the property and shall run with the property, (G) Planning Conynission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements for size (square feet), height, and mate- riels for an accessory dwelling unit, where unique circumstances exist and the effect will not adversely affect adjoining or neighboring property owners. Applicants may ask for a variance from the requirement for separate water and sewer taps if a hardship exists, such as difficult access or topography. The applicant shall provide notification to adjacent property Owners prior to the date of the meeting. I (H) Existing Detached Second (Accessory) Dwelling Units. (1) Conforming Units. Existing detached second dwelling units approved by the Planning Commission by conditional use and constructed shall be considered a legal conforming accessory dwelling on the property. Properly owners shall register the principal and accessory dwelling on an annual basis with the Planning Division. (2) Nonconforming Units. Existing detached second dwelling units that were rot approved by the Planning Com ission shall be considered nonconforming. An application for administrative approval may be made to convert an existing nonconforming detached second dwelling unit to a conforming legal detached second dwelling unit, where the existing unit can meat the requirements herein. Where an existing nonconforming second dwelling unit exists as of the date of the adoption' of this ordinance that can not meet the requirements herein, the applicant may apply for a variance of•the.requirements stated. (I)- Non -Conforming Structures. Non -conforming structures may not be converted into an accesso- ry dwelling unit unless a variance has been granted by the Board of Adjustment. J) If the property owner no longer resides on the property, the owner shall remove the cooking faci4 ells fran.the Accessory Dwelling Unit or the City shall turn off water service to the Accessory Dwelling Urut. (K) Violation. yiolatlon of the requirements herein mall be prosecuted to the maximum extent of the law.