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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