HomeMy WebLinkAboutOrdinance 5225 ORDINANCE NO, 5225
AN ORDINANCE AMENDING THE UNIFIED
DEVELOPMENT CODE BY ADDING SUBSECTION
164. 11 (B): SIDE SETBACKS, TO INCLUDE BULK
AND AREA REQUIREMENTS FOR ZERO LOT LINE
AND COMMON WALL DEVELOPMENT.
WHEREAS, the City of Fayetteville permits the development of zero lot line
developments in certain zoning districts; and
WHEREAS, additional zoning regulations are necessary to permit zero lot line
development;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby
amends § 164.11 Height Regulations; Exceptions, by naming the section Height or
Setback Regulations; Exceptions, and enacting a new subsection (B), as follows:
"§164.11 Height or Setback Regulations; Exceptions"
"(B) Side Setbacks. Zero lot line and common wall development. Side
setbacks may be varied to permit common walls between
townhouses. There shall be no specific requirements as to
minimum lot width, lot area, or minimum area per dwelling unit for
townhouses; townhouses the
se back equi em nts, height hregulations, oparkinglto
densities,
and access ���•`"ER r R �r,���,,
requirements, and all other applicable city ordinances." �%1' • • 00 j •� S �'�
PASSED and APPROVED this 3rd day of March, 2009. ; FAYETTEVILLE '
APPROVED: ATTEST: '%flsS9RkANSPS J2�
44G ,ONj1Go```�•
By: By: Gni A
L16 E D JORD , Mayor SONDRA E. SMITH, City Clerk/Treasurer
Arkansas Democrat 71POaxette
Northwest Arkansas Times
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 5225
March 9, 2009
Publication CLtA ----
harge : $64.56
Signed: ---
Subscribed and sworn to before me
This /p day of Xn4lzc� 2009 .
Notary Public
My Commission Expires: L a 0 /e2
Do not pay from Affidavit, an invoice will be sent
��'pMIN....
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RECEIVED !..
PUB��
MAR 1 1 2009 'ti9ros ?°rP
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
RECEIVED
MAR 11 2009
CITY°Fc is �
ORDINANCE NO, 5225
AN ORDINANCE AMENDING THE UNIFIED DEVEL-
OPMENT CODE BY ADDING SUBSECTION .
164.11(81: SIDE SETBACKS, TO INCLUDE BULKTaa
I
AND AREA REQUIREMENTS FOR ZERO LOT LINE
'AND COMMON WALL DEVELOPMENT_ Vre-
V '
'WHEREAS, the City of Fayetteville permits the ARKANSAS
avelopment of zero lot line developments In certain
zoning districts; and
WHEREAS, additional zoning regulations are necessary to permit zero IN line developmenb
'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Sectlonl: That the City Council of the City at Fayetteville. Arkansas, hereby amends § 164.11 Height
Regutallpna; Exceptions, by naming the section Height a SetbackRegulations; Exceptions and
remitting a new subsection (B), as follows:
N§164.11 Height or Setback Regulations; Exceptions'
'(B) Side Setbacks. Zero lot line and common well development Side setbacks may be varied to
' permit common walls between townhouses. There shall be no specific requirements as to minimum
lot width, lot area, or minimum area per dwelling unit for townhouses: but townhouses shall conform
'l tome district densities, setback requirements, height regulations, parking and access requirements,
and all other applicable city ordinances.'
PASSED and APPROVED this 3rd day of March; 2009.
APPROVED ATTEST:
By: By:
LIONELD JORDAN, Maym - SONDRA E. SMITH, City Clork/fraaamw
44
0l 1J
City of Fayetteville Staff Review Form 3 /3/01
City Council Agenda Items5:Va,5
y
�c.�
and 7� 0(
Contracts, Leases or Agreements aha,,, )Ler
3/3/2009 lb
City Council Meeting Date
�0 Agenda Items Only
Jeremy Pate* Planning Operations
Submitted By Division Department
Action Required:
ADM 09-3205 (UDC Ch. 164.11 Height and Setback Regulations; Exceptions): An ordinance amending Ch. 164. 11
of the Unified Development Code to permit zero lot line and common wall development.
n/a
Cost of this request Category / Project Budget Program Category / Project Name
n/a
Account Number Funds Used to Date Program / Project Category Name
fila
Project Number Remaining Balance Fund Name
Budgeted Item Q Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Director Date
Original Contract Date:
Original Contract Number:
City Attorney Date
CZ. — „�.. 2 13^ o¢ Received in City
0449
Clerk's Office � �d
tefa Date
Received inMayor's Office
Date
Comments:
Revised April 16, 2007
ti
ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFIED
DEVELOPMENT CODE BY ADDING SUBSECTION
164 . 1 ] (B): SIDE SETBACKS, TO INCLUDE BULK
AND AREA REQUIREMENTS FOR ZERO LOT LINE
AND COMMON WALL DEVELOPMENT.
WHEREAS, the City of Fayetteville permits the development of zero lot line
developments in certain zoning districts; and
WHEREAS, additional zoning regulations are necessary to permit zero lot line
development;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby
amends §164.11 Height Regulations; Exceptions, by naming the section Height or
Setback Regulations; Exceptions, and enacting a new subsection (B), as follows:
"§164.11 Height or Setback Regulations; Exceptions"
"(B) Side Setbacks. Zero lot line and common wall development. Side setbacks may be
varied to permit common walls between townhouses. There shall be no specific
requirements as to minimum lot width, lot area, or minimum area per dwelling unit for
townhouses; but townhouses shall conform to the district densities, setback requirements,
height regulations, parking and access requirements, and all other applicable city
ordinances."
PASSED and APPROVED this day of , 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CD164:1
City Council Meeting of March 3, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Operations `
From: Jeremy C. Pate, Director of Current Planning k
Date: February 5, 2009
Subject: UDC Ch. 164. 11 Height and Side Setback Regulations (ADM 08-3205)
RECOMMENDATION
On October 7, 2008 the Fayetteville City Council approved Ordinance No. 5183,
repealing and replacing Chapter 157, Notification, of the Unified Development Code. In
addition to these amendments, staff noted and recommended that a code section
regarding bulk and area requirements for common wall/zero lot line development be
removed, as it was inadvertently placed in the Notification chapter in a previous re-
codification of the Unified Development Code (2003).
BACKGROUND
The bulk and area requirements for common wall/zero lot line developments are still
utilized, and therefore must be placed within another chapter of the Unified Development
Code. Staff recommends that the amended language be placed under Chapter 164. 11 ,
which gives similar bulk and area exceptions. Some of the language from this section has
been removed, as it is redundant.
DISCUSSION
The bulk and area requirements for common wall or zero lot line developments,
commonly known as townhome development, are an exception to the standard zoning
district requirements, and therefore should be placed within Chapter 164 Supplementary
Zoning Regulations.
BUDGETIMPACT
None.
City Council Meeting of October 7, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: September 19, 2008
Subject: UDC Ch. 157 Notification (ADM 08-3021 )
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance to repeal and replace
Ch. 157, Notification, of the Unified Development Code, in order to clarify and streamline the
process for notification for public meetings.
BACKGROUND
For several months, planning staff has been working to redraft, in its entirety, Ch. 157:
Notification, of the Unified Development Code. The purpose of this chapter is to establish . the
standards and criteria by which applicants and the City are to notify the public for specific
development, land use and variance/appeal requests that require a public hearing. Notification
types include:
1) Written notification: involves a project description, date and time of the meeting, contact
information, etc. sent to adjacent land owners;
2) Posted Notice: involves a sign erected on the site in question, for public view and
information
3) Published notification: involves date, time and location of meeting, use and location of
project — the City is responsible for this type of notice
In the existing code, there are a variety of notification requirements, differing between the
multiple types of applications. The City often hears complaints from citizens about notification,
which staff believes in large part are due to the lack of consistency between types of notification
required for every application. Notices vary between all three types listed above.
Staff has proposed a new draft of Ch. 157, incorporating all of the existing code requirements, but
streamlining the code so that there is much more consistency between projects. All projects going
before the Subdivision Committee will now require a 7-day notification; Planning Commission
will require a 14-day notification. Projects currently range from no notification to 7, 10, 14 and
15 days prior to the meeting. In addition, the types of notification have been broken into very
clear explanations, and what is expected for each type in order to proceed forward in the review
process. This is to combat the complaints staff and the Planning Commission receive that written
notices sometimes are not at all informative. In perhaps the biggest change to the ordinance, staff
is recommending that applicants post their own notification signs on their sites. Planning Staff
would still prepare the signs for posting, after receiving the application, and notify the applicant
when the signs are ready to be posted. Applicants would post the sign on the site, take a photo,
and provide a signed Certificate of Sign Posting to the Planning office in the time specified. Staff
City Council Meeting of October 7, 2008
Agenda Item Number
can still investigate missing or downed signs as necessary, but this would reduce the amount of
City staff time in the field, driving to each site to erect the sign, and place the responsibility back
on the property owner/applicant for whom the application is being processed. Staff has researched
multiple cities which utilize a similar system, and it typically operates very smoothly.
Ch. 164.11 Exceptions to Height Regulations and Side Setbacks
In a previous re-codification of the entire Unified Development Code (2003), a code section
regarding side setbacks for townhome development was inadvertently placed in the Notification
Chapter. In adopting an entirely new chapter, this section, which is still utilized, must be placed
elsewhere. Staff recommends the amended language be placed under Ch. 164. 11 , which gives
similar exceptions to code restrictions, as appropriate. Some of the language contained within this
section has been removed, as it is superfluous.
Staff finds the re-adoption of the Notification chapter will hopefully result in more consistency of
notifying the public, a stream-lined approach for applicants, and reduced staff time and resources
dedicated to in-the-field operations for an applicant's proposal.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of this request on September 22, 2008. Staff
finds the re-adoption of the Notification chapter will hopefully result in more consistency of
notifying the public, a stream-lined approach for applicants, and reduced staff time and resources
dedicated to in-the-field operations for an applicant's proposal.
BUDGET IMPACT
None.
Page I of 1
Clarice Pearman - Ords. 5224, 5225 & 5226
From: Clarice Pearman
To: Pate, Jeremy
Date: 3.6.09 11 :07 AM
Subject: Ords. 5224, 5225 & 5226
CC: Audit
Attachments: Audit
Jeremy:
Attached are copies of the agenda items passed by City Council regarding the following amendments to the UDC:
1 . Amend Chapter 161
2. Amend Chapter 164 (§164. 11 (B))
3. Amend Chapter 162
Please let me know if there is anything else needed for these items. Have a good day.
Clarice
fi le:HC:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49B 103DEFA... 3 .6.09
