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HomeMy WebLinkAboutOrdinance 5664IIIlllllllllllllllllllllllllf f flit f Bf llllllllf llllllllf f IIIIII�NIlulfillllll Doc ID: 015615420002 Type: REL Kind: ORDINANCE Recorded: 02/27/2014 at 03:47:27 PN Fee Amt; $20.00 Palle 1 o0 2 Washington County, AR Kyle Sylvester Circuit Clerk File2014-00004684 ORDINANCE NO. 5664 AN ORDINANCE TO AMEND CHAPTER 161 OF THE UNIFIED DEVELOPMENT CODE TO AUTHORIZE COTTAGE HOUSING DEVELOPMENT (UU-44) INTO ZONING DISTRICTS IN WHICH IT WAS ORIGINALLY APPROVED BY ORD. 5462 WHEREAS, the City of Fayetteville has long sought to increase the availability of quality affordable housing for its citizens; and WHEREAS, the City of Fayetteville has an established policy to encourage in -fill development and the mixture of different types and sizes of single family housing within neighborhoods; and WHEREAS, providing for a properly planned clustering of small, high quality, detached single family houses (cottages) within a neighborhood of larger lots and homes can provide attractive, compatible and affordable housing for our citizens. 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 Chapter 161: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage Housing Development' where it was originally approved by ordinance 5462, but has been unintentionally removed, more specifically identified by Exhibit A. PASSED and APPROVED this 181h day of February, 2014. rnall MIR h ATTEST: SONDRA E. SMITH, City Clerk/Treas416. _ FAY 41111 IIV\ P```` Exhibit `A' 161.10 RT -12 Use by Right 161.11 RMF -6 Use by Right 161.12 RMF -12 Use by Right 161.13 RMF -18 Use by Right 161.14 RMF -24 Use by Right 161.15 RMF -40 Use by Right 161.16 Neighborhood Services Use by Right 161.18 C-1 Use by Right 161.19 Community Services Use by Right 161.20 C-2 Use by Right 161.21 Urban Thoroughfare Use by Right 161.23 Downtown Core Use by Right 161.24 Main Street/Center Use by Right 161.25 Downtown General Use by Right 161.26 Neighborhood Conservation Conditional Use Permit Washington County, AR I certify this instrument was filed on 02/27/2014 03:47:27 PM and recorded in Real Estate FileNumber 2014-00004684 Kyle Sylvester- ' Clerk by Quin Thompson Submitted By City of Fayetteville Item Review Form 2014-0056 Legistar File Number 02/18/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161, Use Unit 44, Cottage Housing Development). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 161. The proposal is a minor editorial correction to Use Unit 44, Cottage Housing Development. Does this item have a cost? NO Cost of this request Account Number Category or Project Budget Funds Used to Date $0.00 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? = Budget Adjustment Attached? _ �f,,�h,�V2J011908f2 Previous Ordinance or Resolution # �T ' Original Contract Number: Comments: P'J a.. L' -- '2-3- lu THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE RK CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff y Jeremy Pate, Development Services Director Andrew Garner, City Planning Director From: Quin Thompson, Current Planner Date: January 30, 2014 Subject: ADM 13-4603 Unified Development Code Amendment Use Unit 44: Cottage Housing Development RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an ordinance to insert UU-44, Cottage Housing, back into the zoning districts in which it was previously approved. BACKGROUND and PROPOSAL: Due to what staff believes was a clerical error, Use Unit 44, Cottage Housing (UU-44) has been inadvertently removed from certain zoning districts in which it was approved by City Council on December 6, 2011 as Ordinance No. 5462. This current code amendment proposes to place UU-44 back into several zoning districts in Chapter 161, as intended with the original ordinance (Ord. 5462, 12-06-2011). The code change is as follows: Zonine District Uses 161.10 RT -12 Use by Right 161.11 RMF -6 Use by Right 161.12 RMF -12 Use by Right 161.13 RMF -18 Use by Right 161.14 RMF -24 Use by Right 161.15 RMF -40 Use by Right 161.16 Neighborhood Services Use by Right 161.18 C-1 Use by Right 161.19 Community Services Use by Right 161.20 C-2 Use by Right 161.21 Urban Thoroughfare Use by Right 161.23 Downtown Core Use by Right 161.24 Main Street/Center Use by Right 161.25 Downtown General Use by Right 161.26 Neighborhood Conservation Conditional Use Permit DISCUSSION: On January 27, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 6-0-0. BUDGET IMPACT: None. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 161 OF THE UNIFIED DEVELOPMENT CODE TO AUTHORIZE COTTAGE HOUSING DEVELOPMENT (UU-44) INTO ZONING DISTRICTS IN WHICH IT WAS ORIGINALLY APPROVED BY ORD. 5462 WHEREAS, the City of Fayetteville has long sought to increase the availability of quality affordable housing for its citizens; and WHEREAS, the City of Fayetteville has an established policy to encourage in -fill development and the mixture of different types and sizes of single family housing within neighborhoods; and WHEREAS, providing for a properly planned clustering of small, high quality, detached single family houses (cottages) within a neighborhood of larger lots and homes can provide attractive, compatible and affordable housing for our citizens. 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 Chapter 161: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage Housing Development' where it was originally approved by ordinance 5462, but has been unintentionally removed, more specifically identified by Exhibit A. PASSED and APPROVED this APPROVED: an day of 2014. ATTEST: am LIONELD JORDAN, Mayor SONDRA E. SMITH, City Cterk/Treasurer Exhibit `A' 16 1. 10 RT -12 Use by Right 161.11 RMP -6 Use by Right 161.12 RMF -12 Use by Right 161.13 RMF -18 Use by Right 161.14 RMF -24 Use by Right 161.15 RMP -40 Use by Right 161.16 Neighborhood Services Use by Right 16 1. 18 C -I Use by Right 161.19 Community Services Use by Right 161.20 C-2 Use by Right 161.21 Urban Thoroughfare Use by Right 161.23 Downtown Core Use by Right 161.24 Main Street/Center Use by Right 161.25 Downtown General Use by Right 161.26 Neighborhood Conservation Conditional Use Permit A]Fft ayele ARKANSAS PC Meeting of January 27, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telenhone !47 91 575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Gamer, City Planning Director DATE: January 02, 2014 ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161, Use Unit 44, Cottage Housing Development). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 161. The proposal is a minor editorial correction to Use Unit 44, Cottage Housing Development. Planner: Quin Thompson BACKGROUND Due to what Staff believes was a clerical error, Use Unit 44, Cottage Housing (UU-44) was inadvertently removed from certain zoning districts in which it was approved by City Council on 6 December, 2011 as Ordinance No. 5462 PROPOSAL The proposed code amendment under UDC Chapter 161: Zoning Regulations includes Use Unit 44, Cottage Housing, within several zoning districts according to the intention of the original ordinance (Ord. 5462, 12-06-2011.) This amendment proposes to place UU-44 back into zoning districts in Chapter 161 where it has been inadvertently removed as follows: 161.10 RT -12 Use by Right 161.11 RMF -6 Use by Right 161.12 RMF -12 Use by Right 161.13 RMF -18 Use by Right 161.14 RMF -24 Use by Right 161.15 RMF -40 Use by Right 161.16 Neighborhood Services Use by Right 161.18 C-1 Use by Right 161.19 Community Services Use by Right 161.20 C-2 Use by Right 161.21 Urban Thoroughfare Use by Right 161.23 Downtown Core Use by Right 161.24 Main Street/Center Use by Right 161.25 Downtown General Use by Right 161.26 Neighborhood Conservation Conditional Use Permit G:\ETC\Development Services Review\2013\Development Review\13-4603 ADM UDC Chapter 161 (Insert Use Unit 44 Cottage Housing)\03 Planning Commission\01-27-2013 The proposed code changes are shown in strikenut and highfight(undertine in the attached document. RECOMMENDATION Staff recommends that the Planning Commission forward ADM 13-4603 to the City Council with a recommendation for approval. Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Motion: Chesser Second: Bunch Vote: 6-0-0 Meeting Date: January 27.2014 WETC\Development Services Review\2013\Development Review\13-4603 ADM UDC Chapter 161 (Insert Use Unit 44 Cottage Housing)\03 Planning Commission\01-27-2013 TITLE XV UNIFIED DEVELOPMENT CODE 161.10 District RT -12, Residential Two And Three Family (A) Purpose. The RT -12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted uses. (2) Conditional uses. Unit 2 Unit 1 City-wide uses by right Unit 3 Unit 8 Single-family dwellings Unit 4 Unit 9 Two-family dwellings Unit Unit 10 Three-family dwellings Unit 12 Unk44 1 29AW Housing Development Unit 24 (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 or less (D) Bulk and area regulations. (E) Setback requirements. Front Single- Two- Three- 8 ft. family family family Lot width 60 ft. 70 ft. 90 ft. minimum Lot area 6,000 sq. 7,260 sq. 10,890 sq. minimum ft. ft. ft. Land area 6,000 sq. 3,630 sq. 3,630 sq. ft. per ft. ft. dwelling unit (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 20 ft. that is located Three-family dwellings Unit 26 between the Unit 44 Coftue Housina Develo m nt front prolpedy. line and aline Ci -wide uses by ri ht Unit 8 25 feet from the Unit 9 Two-family dwellings front property Three-family dwellings Unit 26 line. Unit 44 Coftue Housina Develo m nt (F) Building height regulations. FFB_-widing height maximum 1 30/45 ft.` 'A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3- 09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592, 06-18-13) Cross reference(s)--Variance, Ch. 156. 161.11 District RMF -6, Residential Multi - Family — Six Units Per Acre (A) Purpose. The RMF -6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by ri ht Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44 Coftue Housina Develo m nt (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 11 Manufactured home park CD161:1 Unit 12 Limited business Unit 24 Home occupations Unit 25 1 Professional offices Unit 36 1 Wireless communications facilities (C) Density. Units ear acre 16 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a Manufactured home ark 4,200 sq. ft. Townhouse: *Development elndividual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family7.000 s . ft. Three or more 9,000 s . ft. Fraterni or Sorod 2 acres Professional offices I 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: A build -to zone No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located Three-family dwellings Unit 26 between the unit Cotta a Housin Develo ment front property occu ations Unit 25 line and a line Unit 36 Wireless communications facilities 25 feet from the front property line. Cross reference(s)—Variances, Ch. 156. (F) Building height regulations. Building Hei ht Maximum 30/45 ft `A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01: Ord. 5028, 6-19-07; Ord. 5224, 3-3- 09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592 06-18-13) 161.12 District RMF -12, Residential Multi - Family — Twelve Units Per Acre (A) Purpose. The RMF -12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings unit Cotta a Housin Develo ment (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Units Government facilities Unit 11 Manufactured home ark Unit 12 Limited business Unit 24Home occu ations Unit 25 Professional offices Unit 36 Wireless communications facilities CD161:2 TITLE XV UNIFIED DEVELOPMENT CODE (C) Density. property line or any master street plan right-of- way line shall have a maximum height of 30 feet. Units per acre 12 or less Buildings or portions of the building set back greater than 10 feet from the master street plan (D) Bulk and area regulations. right-of-way shall have a maximum height of 45 feet. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home ark 50 ft. Single family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouse: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two- mily 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 so. ft. Apartments: A build -to zone No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft: Fraternity or Sorori 1,000 so. ft. oer resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located Three-family dwellings Unit 26 between the Unit 44 Cottane Housina Develo ment front property Home occupations Unit 25 line and a line Unit 36 1 Wireless communications facilities 25 feet from the front property line. Cross reference(s)--Variances, Ch. 156 (F) Building height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3- 09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592, 06-18-13) 161.13 District RMF -18, Residential Multi - Family — Eighteen Units Per Acre (A) Purpose. The RMF -18 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellin s Unit 44 Cottane Housina Develo ment (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 1 Wireless communications facilities (C) Density. Building Height Maximum 1 30/45 ft." Units per acre 1 18 or less 'A building or a portion of a building that is (D) Bulk and area regulations. located between 0 and 10 feet from the front CD161:3 (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home ark 4,200 sq. ft. Townhouse: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9.000 sq. ft. Frate rnit or Sororit 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured Home 3,000 sq. ft. Apartments: A build -to zone No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 s . ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located Three-family dwellings Unit 26 between the Unit 44 QUM Housing QM212 Ment front property Professional offices Unit 24 line and a line Unit 36 Wireless communications facilities 25 feet from the front property line. Cross reference(s) --Variances, Ch. 156. (F) Building height regulations. 11 Buildin Hai ht Maximum J 30145 ft.` *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3- 09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592, 06-18-13) 161.14 District RMF -24, Residential Multi - Family — Twenty -Four Units Per Acre (A) Purpose. The RMF -24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44 QUM Housing QM212 Ment (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Govemment facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occu ations Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (1) Lot width minimum. 11 Manufactured home park 100 ft. 11 Lot within a 50 ft. CD161:4 TITLE XV UNIFIED DEVELOPMENT CODE Manufactured home ark 3 acres Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (2) Lot area minimum. (G) Building area. None. Manufactured home park 3 acres Lot within a mobile home ark 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Sinale-familv 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 s . ft. Fraternit or Sorority2 acres Professional offices I1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: A build -to No bedroom 1,700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2,000 sq. ft. Fraterni or Soror 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to 8 ft. 25 ft. zone that is Three-family dwellings Unit 26 located Unit 44 Coftcae Housina Development between the Limited business Unit 24 front property Unit 25 Professional offices line and a line 1 Wireless communications facilities 25 feet from tPhe front roe line. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. 11 Building Height Maximum J 30/45/60ft.' A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19- 07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4- 09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5495, 4- 17-12; Ord. 5592, 06-18-13) 161.15 District RMF -40, Residential Multi - Family —Forty Units Per Acre (A) Purpose. The RMF -40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44 Coftcae Housina Development (2) Conditional uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 1 Wireless communications facilities (C) Density. 11 Units 2er acre 40 or less CD161:5 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more Q000 sq. ft. ratemit or Soror Fraternity 1 acre (3) Land area per dwelling unit. Manufactured home park 3,000 sq. ft. Townhouses & Apartments A build -to zone No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per front property resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 20 ft. that is located Three-family dwellings Unit 12 between the Unit 24 Home occupations front property Accessory dwelling_ units Uni 44 line and a line Unit 26 Multi-famil dwellin s 25 feet from the Wireless communication facilities* Unit 40 front property line. Cross references) --Variance, Ch. 156. (F) Building height regulations. FFBdilding Height Maximum 30/45/60 ft.* *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of CD161:6 an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13) 161.16 Neighborhood Services (A) Purpose. The Neighborhood Services district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses (1) Permitted uses Unit 1 Ci -wide uses b ri ht Unita Sinole-familv dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business Unit 24 Home occupations Unit 41 Accessory dwelling_ units Uni 44 Cottace Housina Development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi-famil dwellin s Unit 36 Wireless communication facilities* Unit 40 Sidewalk cafes TITLE XV UNIFIED DEVELOPMENT CODE (C) Density. 1 inidrive through restaurants Unit 25 Offices, studios, and related services Units per acre 10 or less Unit 44GotliagO.Housirra RaVgloprnarrt (D) Bulk and Area (1) Lot width minimum Single-family 35 feet Two-family 70 feet Three or more 1 90 feet All other uses I None (2) Lot area minimum. Single-family 4,000 sq. ft. Two-family or more 3,000 sq. ft. of lot area Unit 13 per dwelling unit All other permitted 5 feet and conditional uses None (E) Setback regulations Front: A build -to zone that is located Unit 5 between 10 and 25 feet from the front Unit 13 property line. Side 5 feet Rear 15 feet (F) Building height regulations. 11 Building Height Maximum 1 45 ft. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. (Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18- 13) 161.18 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive - (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shoppinng goods Unit 34 Liquor stores Unit 35 Outdoor music establishments` Unit 36 Wireless communications facilities" Unit 40 Sidewalk Cafes Unit 42 Clean technolo ies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. CD161:7 (F) Building height regulations. Buildin Mei ht Maximum 156 ft. - "Any building which exceeds the height of 20 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6- 19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13) 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellin s It" Cotta — Housina Development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials family residential district: Liquor stores Unit 19 Outdoor music establishments En5 Wireless communication facilities' Unit 25 Sidewalk Cafes Unit 33 Clean technologies (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. Dwelling 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is Unit 4 located between 10 feet Unit 5 and a line 25 feet from Unit 13 the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a single- Transportation trades and services family residential district: Gasoline service stations and drive-in/drive throw h restaurants (F) Building Height Regulations. 11 Building Height Maximum 56 ft. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord, 5339, 8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13) 161.20 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive throw h restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store U Cottace HousinaD velo meet (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utilityfacilities Unit 21 Warehousing and wholesale Unit 28 Center for collectinq recyclable materials CD161:8 TITLE XV UNIFIED DEVELOPMENT CODE Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 Clean technologies Unit 43 J Animal boarding and training (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Building height regulations. 11 Building Hei ht Maximum 1 75 ft.* *Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833,11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6- 29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; 5353, 9-7-10; Ord. 5462,12-6-11; Ord. 5592, 06-18-13) 161.21 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 1 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Li uor store Unit 41 Accessory Dwellings UnItU I Cottaae Housina Development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and training CD161:9 (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum Single-family dwellin-q 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is Unit 4 located between 10 feet Unit and a line 25 feet from Unit 8 the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a single- Eating laces family residential district: 1 Hotel, motel, and amusement facilities (F) Building height regulations. Ij Building Height Maximum 56/84 ft.` *A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right-of- way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10; Ord. 5462, 12-6-11; Ord. 5592, 06-16-13) 161.23 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 1 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores A4 C Housing DeveloomMA Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line 12 ft. of an aIle (F) Minimum buildable street frontage. 80% of lot width. (G) Building height regulations. CD161:10 Building Height Maximum 1 56/168 ft." P, building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 168 feet. TITLE XV UNIFIED DEVELOPMENT CODE (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6- 08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 06- 18-13) 161.24 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main StreeNCenter. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores ni 44 Cottage Housin bevel en Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Dwelling all unit es 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line of 12 ft. an aIle CD161:11 (F) Minimum buildable street frontage. 75% of lot width. (G) Building height regulations. 11 Building Height Maximum 56!84 ft." "A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of- way line shall have a maximum height of 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8-07- 07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3- 10; Ord. 5462,12-6-11; Ord. 5592, 06-18-13) 161.25 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 1 Nei hborhood shopping oods Unit 24 1 Home occu ations Unit 25 1 Offices, studios, and related services Unit 26 j Multi -family dwellin s Cottage H I 1 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting rec clable materials Unit 36 1Wireless communication facilities Unit40 I Sidewalk Cafes (C) Density. None (D) Bulk and area regulations (1) Lot width minimum. i Dwelling (all unit types) ) 18 ft. i (2) Lot area minimum. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line 12 ft. of an aIle (F) Minimum buildable street frontage. 50% of lot width. (G) Building height regulations. 11 Building Heiaht Maximum 56 ft. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4-20- 10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13) 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, t can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by ri ht Unit 8 Single-family dwellin s Unit 41 j Accessory dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business * Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Uelt44 C aHousih Devel ment (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Sin le Family 122 Two Family 80 ft. Three Famil 90 ft. CD161:12 TITLE XV UNIFIED DEVELOPMENT CODE (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side 5 ft. Rear 5 fL Rear, from center line 12 ft. of an alley I (F) Building height regulations. 11 Building Hei ht Maximum 1 45 ft. CD161:13 ORDINANCE NO. 5462 AN ORDINANCE TO ENACT §164.22 COTTAGE HOUSING DEVELOPMENT INTO THE UNIFIED DEVELOPMENT CODE, TO AMEND §162.01 TO ADD (RR) UNIT 44 COTTAGE HOUSING DEVELOPMENT AND TO AMEND CHAPTER 161 ZONING DISTRICT TO AUTHORIZE COTTAGE HOUSING DEVELOPMENTS AS A RIGHT IN MULTI -FAMILY RESIDENTIAL DISTRICTS AND AS A CONDITIONAL USE IN SINGLE FAMILY RESIDENTIAL DISTRICTS WHEREAS, the City of Fayetteville has long sought to increase the availability of quality affordable housing for its citizens; and WHEREAS, the City of Fayetteville has an established policy to encourage in -fill development and the mixture of different types and sizes of single family housing within neighborhoods; and WHEREAS, providing for a properly planned clustering of small, high quality, detached single family houses (cottages) within a neighborhood of larger lots and homes can provide attractive, compatible and affordable housing for our citizens. 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 enacts § 164.22 Cottage Housing Development (as shown on Exhibit A) into the Unified Development Code of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 to add use unit: "(RR) Unit 44. Cottage Housing Development. (1) Description Unit 44 is provided in order that cottage housing developments are permitted by right in multi -family zoning districts and by Conditional Use Permit in single family zoning districts. Page 2 Ordinance No. 5462 (2) Included uses. Cottage Housing Developments Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter161: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage Housing Development' as a use by right in multi -family residential districts and as a conditional use in single family residential districts as more specifically identified by Exhibit B. PASSED and APPROVED this 6th day of December, 2011. APPROVED: ATTEST: By: IO ELO JO Mayor LISA BRANSON, Deputy City Clerk FAYEITEVI Exhibit "A" 164.22 Cottage Housing Development standards of this section, shall be permitted to remain, but the extent of (A) Purpose. The purpose of the cottage the nonconformity may not be development ordinance is to encourage increased. Such nonconforming dwelling innovation and variety in housing while units shall be included in the maximum ensuring compatibility with established permitted cottage density. neighborhoods, and to provide opportunities for ownership of detached single-family (E) Zoning Regulations. The parent tract prior to dwellings for a population diverse in age, development shall conform to the zoning income and household size. criteria of the underlying zoning district. (B) Applicability. Cottage housing development (1) Density. Zoning Districts that allow is permitted to be located as identified in cottage housing development as a Use Chapter 161: Zoning Regulations of the by Right shall conform with the density Unified Development Code, however, zoning requirement of the underlying zoning and development regulations such as district. Zoning districts that allow density, bulk and area, building area, street cottage housing developments as a frontage requirements, lot splits and other Conditional Use shall be allowed a standards for cottage housing development density not to exceed two times the shall follow the criteria adopted in this maximum density allowed in the chapter. underlying zoning district. (C) Development Review Process. For the (2) Lot Width Minimum. There is no lot purpose of development review cottage width requirement for individual cottage housing developments less than one acre housing units. shall be processed as a Site Improvement Plan. Cottage housing development on lots (3) Lot Area Minimum. The lot area larger than one acre shall be processed as a minimum for cottage housing unit lots is Large Scale Development. If individual 750 square feet. cottage housing unit lots are created the cottage housing development shall be (4) Land Area per Dwelling Unit. The land processed through the subdivision platting area per dwelling unit requirement is process. 750 sq. ft. (D) Cottage Housing Development Size, (5) Setback Requirements. Separation Requirements and Existing Structures. (a) All structures shall have a minimum separation of ten feet, measured (1) Number of Cottage Housing Units from edge of save to edge of eave, Permitted. Cottage housing from other structures or cottages development shall contain a minimum of within the cottage housing four and a maximum of 12 cottages development. located in a cluster, on no less than one half acre. (b) The setback from the exterior property lines of the original parent (2) Cottage Housing Development tract shall be set by the underlying Separation Requirement. Cottage zoning district. housing developments shall have a minimum separation from other cottage (6) Building Height Regulations. The height housing developments of not less than for all structures in a cottage 1,000 feet. development shall not exceed the permitted height requirement of the (3) Existing Nonconforming Structures. on underlying zoning district. a lot to be used for a cottage housing development, existing detached single- (7) Building Area. There is no minimum family residential structures, which may building area requirement for individual be nonconforming with respect to the cottage housing unit lots. pedestrian access to the common (8) Accessory Dwelling Units. Accessory open space and the street. dwelling unit s are not permitted in cottage housing developments. (3) Open space. (F) Common Property Maintenance. Community (a) The required common open space buildings, parking areas and common open shall be provided in one contiguous space shall be owned and maintained parcel. commonly by.the cottage housing development residents, through a (b) A minimum of 300 square feet of condominium associations, a homeowners' common open space shall be association or a similar mechanism, and provided per cottage housing unit. shall not be dedicated to the City. Common open space with a dimension of less than 20 feet shall (G) Development Standards. All cottage not be included in the calculation. developments are subject to the following standards: (c) Each cottage housing unit shall be provided with a private open space (1) Floor -Area. The total conditioned space of 250 square feet with no floor area of each cottage shall not dimension of less than 10 feet. exceed 1,100 square feet. Private open space should be contiguous to each cottage, for the (a) Cottages shall have a maximum exclusive use of the cottage first floor area or footprint of no resident. more than 900 sq. feet, excluding covered or attached porches. (d) Parking areas, driveways and common pedestrian access shall (b) Future additions to any cottage not be counted as open space. housing unit shall meet the requirements of this chapter. (4) Fences. Fencing in cottage housing development should be respectful of the (c) Floor area that does not count context of the surrounding neighborhood towards the total conditioned space and should accentuate the common and floor area permitted for a cottage private open spaces. housing unit includes: • (a) Fencing located between a cottage (i) Architectural projections such housing unit and a public street or as utility closets no greater the common open space shall not than eighteen inches in depth exceed 48" in height. and six feet in width, bay windows and fireplaces. (5) Parking Requirements and Standards. Parking areas should be located within (ii) Spaces with a ceiling height of the cottage housing development in six feet or less measured to the such a way as to maintain the character exterior walls, such as interior along the public street and to minimize attic eaves. the noise and light impacts on private residences and public spaces. (2) Cottage Orientation. The fronts of all Reductions in parking space allowances cottage housing units shall be oriented are not permitted in cottage housing around the common open space or developments. Permitted on -street towards the street, with the following parking spaces adjacent to a projects exception: frontage may count towards the parking requirements of the development (a) A maximum of 1 cottage in a subject to approval by the Zoning and cottage housing development is Development Administrator. Parking allowed to be located in an area standards for cottage housing that does not front onto the developments shall be as follows: common open space or street right of way. These units shall be located (a) The required number of parking within 25 feet of the common open spaces for each cottage shall be space and shall have direct determined according to the square footage of the cottage housing unit. and sewer lines on private property () Cottages less than 1,000 sq. ft. servicing cottage housing unit shall have 1.5 parking spaces developments shall be located in a provided. dedicated easement. (ii) Cottages over 1,000 sq. ft. (10) Community Buildings. Community shall have 2 parking spaces buildings and common pavilions less provided. than 2,000 sq. ft. are permitted by right in cottage housing development. These (b) Parking lots containing five or more structures shall be architecturally parking spaces shall comply with integrated with the architectural style of the parking lot construction and the cottage housing development. design standards located in Chapter 172: Parking and Loading (11)StormwaterlGrading. Cottage housing of the City's Unified Development developments shall comply with the Code. grading, drainage and stonnwater provisions set forth in the Unified (c) Parking lots shall be located a Development Code Chapter 169 and minimum of 25' back from the 170. A drainage permit application shall public right-of-way. contain sufficient information and plans to allow the City Engineer to determine (d) Shared covered parking shall be whether the project complies with these designed to be similar and requirements. compatible to the design, materials and roof pitches used for the (12) Solid Waste Service. For the purposes cottage housing units. of solid waste collection cottage housing developments are considered a (e) Parking space dimensions shall residential use and should receive comply with Chapter 172: Parking residential solid waste service and Loading of the Unified (individual carts and recycling bins). In Development Code. certain instances, it may be necessary to service cottage housing (6) Bicycle Parking. Bicycle parking developments with commercial solid should be located in a common area waste collection equipment (dumpsters). and preferably be covered to protect This may occur when a project is the long term storage of bicycles. It is located in a predominately commercial recommended that cottage housing area serviced by commercial solid waste developments should provide one pick up. It is incumbent on the developer unsheltered bicycle rack or the to design solid waste service into the equivalent sheltered space to store two cottage housing development plan early bicycles per cottage housing unit. in the process. The final determination of solid waste service and pick-up areas (7) Fire Department Access. Fire will be made at the time of development department access shall be determined review. Specific requirements for at the time of development review. Any residential and commercial solid waste part of structure in a cottage housing pick-up shall be as follows: development that is located more than 150 feet from Fire Department vehicle (a) Residential solid waste service access, as measured by an approved requires a designated location route around the exterior of the buildings adjacent to the street curb for trash or facilities, shall have a fire department carts and recycling bins. This approved sprinkler system. location shall be kept clear of obstructions on the designated solid (8) Pedestrian Connectivity. All buildings waste pick-up day. If this location is and common spaces shall be served by also used for on -street parking it a pedestrian circulation system that shall be clearly marked and a sign connects to an existing or planned posted restricting use for the sidewalk or trail system. designated solid waste pick-up day. A minimum linear distance of 9 ft. is (9) Utilities. Individual cottage housing units required to accommodate each shall have a unique connection to the cottage housing unit's trash cart main water and sewer lines. Main water and recycling bin. structurally identical front porches (b) Commercial solid waste service shall be located on adjacent cottage requires a dumpster location that is housing units. freely accessible for front end loading and screened from public (2) Required Architectural Elements. A view. cottage housing unit with a front porch that is credited for meeting the (c) Solid waste facilities shall be requirements of section 164.22(H)(1) located behind the front building above shall not be credited with meeting setback line and shall be screened the requirements of this section. All from the right-of-way and adjacent cottage housing units in a cottage property owners by either housing development shall contain a architectural treatments or minimum of two of the following building vegetative screening. features or treatments: (H) Building Design Standards. Building design (a) Porch. shall provide variety and visual interest in order to provide compatibility with the (b) Variations in roof shapes or gables character of the surrounding neighborhood. between adjacent structures. These standards are intended to avoid the repetitive use of the same building design, (c) Roof brackets. structural features, detailing or finishes within the cottage housing development. (d) Bay windows. (1) Variety in Cottage Housing Units (e) Dormers. Floor Plans and Architectural Treatments. In cottage housing (f) Chimneys. developments no two structures shall be identical in terms of exterior finishes. All (g) Other similar features or treatments cottage housing units shall differ from as approved by the Zoning and each other by utilizing at least two of the Development Administrator. following options: (1) Variances from the minimum Cottage (a) Variations in building material Housing Development Requirements. An finishes such as clapboard, shake applicant may request a variance for specific shingles, stone, brick, etc., and requirements of the cottage housing building color; development ordinance from the Planning Commission. Notification of adjoining and (b) Variations in adjacent cottage adjacent property owners shall conform to housing unit floor plans that alter the requirements of Chapter 157: Notification the location of exterior windows and and Public Hearings of the City's Unified doors; Development Code. A variance of the following standards of the cottage housing (c) Variations in the size of main floor development ordinance may be requested: area and/or building height of adjacent structures; or (1) Number of cottage housing units permitted. (d) A front porch with a minimum width no less than 50% of the front (2) Cottage housing development building fagade. Front porches shall separation requirement have a minimum depth of 6 feet. No Exhibit "B" 161.04 RSF-.5 Conditional Use Permit 161.05 RSF-1 Conditional Use Permit 161.06 RSF-2 Conditional Use Permit 161.07 RSF-4 Conditional Use Permit 161.08 RSF-7 Conditional Use Permit 161.09 RSF-8 Conditional Use Permit 161.10 RT -12 Use by Right 161.11 RMF -6 Use by Right 161.12 RMF -12 Use by Right 161.13 RMF -18 Use by Right 161.14 RMF -24 Use by Right 161.15 RMF -40 Use by Right 161.16 Neighborhood Services Use by Right 161.17 R -O Use by Right 161.18 C-1 Use by Right 161.19 Community Services Use by Right 161.20 C-2 Use by Right 161.21 Urban Thoroughfare Use by Right 161.22 C-3 Use by Right 161.23 Downtown Core Use by Right 161.24 Main Street/Center Use by Right 161.25 Downtown General Use by Right 161.26 Neighborhood Conservation Conditional Use Permit AGENDA REQUEST FOR: COUNCIL MEETING OF NOVEMBER 15, 2011 FROM: ALDERMAN BOBBY FERRELL and ALDERMAN MARK KINION ORDINANCE OR RESOLUTION TITLE AND SUBJECT: ADM 11-3782: (Cottage Housing Development): An Ordinance to Adopt ADM 11-3782 Cottage Housing Development APPROVED FOR AGENDA: 6—o5y Ferreff Alderman (as to form) Packet Prepared by: Leif Olso Associate Planner Date 0/-za// Date Date /0-3(-2,911 Date Leff MWU &CCtj l&aduc &Nkt 000.15,0?otl Ce_M-kj. THE CITY OF FAYETTEVILLE, ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director John Coleman, Sustainability and Strategic Planning Director From: Leif Olson, Planner Ha Date: September 23, 2011 Subject: ADM 11-3782 Cottage Housing Development Ordinance RECOMMENDATION Staff and the Planning Commission recommends approval of an ordinance amending Chapter 164: Supplementary Zoning Regulatons of the Unified Development Code by adopting ADM 11-3782 Cottage Housing Development. BACKGROUND In 2010 City Staff began the process of updating the City's long range comprehensive plan, City Plan 2030, which resulted in a complete update with identified action steps related to the six goals. One of the action steps related to the goal "Create opportunities for attainable housing" was to draft and adopt a cottage housing development ordinance. Cottage housing development is defined as "a cluster of detached single family homes, restricted in size and of high architectural quality, oriented around common open space." Cottage housing development is modeled after traditional housing development patterns that existed in the past. Cities in the Pacific Northwest region of the U.S. began developing innovative cottage housing ordinances a decade ago as a solution for the lack of attainable housing in their communities. Small in scale, cottage housing developments fit well into existing neighborhoods on vacant or underutilized land; for this reason they are an effective tool for infill and revitalization. As the median family size continues to decline, 2.2 people per household in according to the 2010 Census, this form of housing will be in high demand by a fast growing demographic, most notably singles, families of 3 or less and retirees. Fee simple or condominium ownership of individual cottage housing units promotes neighborhood stability. In these ways, cottage housing developments can promote infill, reduce sprawl, and create opportunities for attainable housing. Staff anticipates that the majority of cottage housing development proposals will be infill situations on sites that have access to existing infrastructure such as streets, water and sewer service. Therefore, it is imperative that THE CITY OF FAYETTEVILLE, ARKANSAS cottage housing development be compatible with the existing built environment. This ordinance is purposely intended to be very prescriptive in terms of how and where cottage housing development is designed and constructed. The draft ordinance has been reviewed and amended by Planning, Engineering, Solid Waste and Fire Department staff. Specifically, the ordinance would address the following City Plan 2030 goals: Goal l - We will make appropriate infill and revitalization our highest priorities. Goal 2 - We will discourage suburban sprawl. Goal 6 - We will create opportunities for attainable housing. The Cottage Housing Development ordinance is proposed to be inserted into Chapter 164: Supplementary District Regulations. The following are some of the important standards and regulations to ensure that Cottage Housing Developments are compatible with adjoining land uses: ■ Permitted as a use by right in multi -family zoning districts and as conditional use in all single-family zoning districts. ■ Review process dependent on the size and scale of the project — small projects (> 1 acre) processed as Site Improvement Plans — large projects (< 1 acre) processed as Large Scale Developments. ■ A minimum of 4 cottage housing units and a maximum of 12 cottage housing units in a Cottage Housing Development. • A minimum separation of 1,000 linear feet between Cottage Housing Developments. • Cottage Housing Developments in multi -family zoning districts are limited to the density of the underlying zoning district — Cottage Housing Developments in single family zoning districts are restricted to no more than two times the underlying density allowed. ■ The lot are minimum is 750 sq.fFt. This would allow for a small 500 sq. ft. dwelling with 250 sq. ft. of private open space. ■ Building setbacks are set by the underlying zoning district — with the exception that separation requirements between structures are a minimum of 10 feet. ■ Cottages are limited to a maximum of 1,100 sq. ft. of conditioned living space. • Cottages shall be oriented towards the street or around a common open space. • A minimum of 300 sq. ft. of common open space and 250 sq. ft. of private open space is required for each cottage. • Adequate and appropriate parking shall be provided for each cottage, through though the parking may be clustered together. • Fire Department access is required for all structures — Sprinkler systems are required for cottages located 150 ft. or more from the designated Fire Department access area. • All Cottage Housing Developments are required to obtain a drainage permit and perform any drainage studies or detention requirements according to UDC Ch. 170: Stormwater Management, Drainage and Erosion Control. ■ Solid Waste service should be primarily residential (trash carts and recycling bins). Exceptions may be allowed for Cottage Housing Developments located in primarily commercial areas of the City. • Architectural standards apply to all structures within a Cottage Housing Development in order to ensure quality design and compatibility with the surrounding neighborhood. THE CITY OF FAYETTEVILLE, ARKANSAS The applicant may request a variance from the minimum 1,000 ft. separation requirement between Cottage Housing Developments and from the maximum number of units allowed. On September 12, 2011 the Planning Commission voted 6-3-0 in favor of a recommendation of approval for ADM 11-3782 Cottage Housing Development Ordinance. BUDGETIMPACT None. / f ) ORDINANCE NO. AN ORDINANCE TO ENACT §164.22 COTTAGE HOUSING DEVELOPMENT INTO THE UNIFIED DEVELOPMENT CODE, TO AMEND §162.01 TO ADD (RR) UNIT 44 COTTAGE HOUSING DEVELOPMENT AND TO AMEND CHAPTER 161 ZONING DISTRICT TO AUTHORIZE COTTAGE HOUSING DEVELOPMENTS AS A RIGHT IN MULTI -FAMILY RESIDENTIAL DISTRICTS AND AS A CONDITIONAL USE IN SINGLE FAMILY RESIDENTIAL DISTRICTS WHEREAS, the City of Fayetteville has long sought to increase the availability of quality affordable housing for its citizens; and WHEREAS, the City of Fayetteville has an established policy to encourage in -fill development and the mixture of different types and sizes of single family housing within neighborhoods; and WHEREAS, providing for a properly planned clustering of small, high quality, detached single family houses (cottages) within a neighborhood of larger lots and homes can provide attractive, compatible and affordable housing for our citizens. 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 enacts § 164.22 Cottage Housing Development (as shown on Exhibit A) into the Unified Development Code of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01 to add use unit: "(RR) Unit 44. Cottage Housing Development. (1) Description. Unit 44 is provided in order that cottage housing developments are permitted by right in multi -family zoning districts and by Conditional Use Permit in single family zoning districts. (2) Included uses. Cottage Housing Developments Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapterl6t: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage Housing Development' as a use by right in multi -family residential districts and as a conditional use in single family residential district as more specifically identified by Exhibit B. PASSED and APPROVED this 15th day of November, 2011. APPROVED: LE LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Exhibit "A" 164.22 Cottage Housing Development (A) Purpose. The purpose of the cottage development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide opportunities for ownership of detached single-family dwellings for a population diverse in age, income and household size. (B) Applicability. Cottage housing development is permitted to be located as identified in Chapter 161: Zoning Regulations of the Unified Development Code, however, zoning and development regulations such as density, bulk and area, building area, street frontage requirements, lot splits and other standards for cottage housing development shall follow the criteria adopted in this chapter. (C) Development Review Process. For purpose of development review cottage', housing developments less than one acre shall be processed as a Site Improvement Plan. Cottage housing development on lots larger than one acre shall be processed as a Large Scale Development. If individual cottage housing unit lots are created the cottage housing development shall tre processed through the subdivision platting. process. (D) Cottage HousingDevelopmeot-Size, Separation Requirements. and"Existing Structures. (1) Number of Cottage Housing Units Permitted. Cottage housing development shall contain a minimum of four and a maximum'of 12 cottages located in a cluster, on no less than one half acre. (2) Cottage Housing Development Separation Requirement. Cottage housing developments shall have a minimum separation from other cottage housing developments of not less than 1,000 feet. (3) Existing Nonconforming Structures. On a lot to be used for a cottage housing development, existing detached single- family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be Increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density. (E) Zoning Regulations. The parent tract prior to development; shall conform to the zoning criteria of the underlying zoning district. (1) Density. Zoning Districts that allow cottage housing development as a Use by Right shall conform with the density requirement of the underlying zoning district. Zoning districts that allow cottage housing developments as a Conditional Use shall be allowed a density not to exceed We times the maximum density allowed in the underlying zoning district. (2)Lot Width Minimum. There Is no lot width requirement for individual cottage housing units. (3) Lot Area Minimum. The lot area minimum for cottage housing unit lots is 750 square feet_ (4) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 sq. ft. (5) Setback Requirements. (a) All structures shall have a minimum separation of ten feet, measured from edge of save to edge of save, from other structures or cottages within the cottage housing development. (b) The setback from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (6) Building Height Regulations. The height for all structures in a cottage development shall not exceed the permitted height requirement of the underlying zoning district. (7) Building Area. There is no minimum building area requirement for individual cottage housing unit lots. pedestrian access to the common (8) Accessory Dwelling Units. Accessory open space and the street. dwelling unit s are not permitted in cottage housing developments. (3) Open space. (F) Common Property Maintenance. Community (a) The required common open space buildings, parking areas and common open shall be provided in one contiguous space shall be owned and maintained parcel. commonly by the cottage housing development residents, through a (b) A minimum of 300 square feet of condominium associations, a homeowners' common open space shall be association ora similar mechanism, and provided per cottage housing unit. shall not be dedicated to the City. Common open space with a dimension of less than 20 feet shall (G) Development Standards. All cottage not be included in the calculation. developments are subject to the following standards: (c) Each clottage housing unit shall be provided with a private open space (1) Floor Area. The total conditioned space of 250 square feet with no floor area of each cottage shall not dimension of less than 10 feet. exceed 1,100 square feet. Private open space should be contiguous to each cottage, for the (a) Cottages shall have a maximum .exclusive use of thecottage first floor area or footprint of no resident. more than 900 sq. feet, excluding -- -" covered or attached porches. (d) Parking areas, driveways and common pedestrian access shall (b) Future additions to any cottage not be counted as open space. housing unit shall meet the ' requirements of this chapter. (4) Fences:, Fencing in cottage housing development should be respectful of the (c) Floor area that doesnot count context of the surrounding neighborhood towards the total conditioned space and should accentuate the common and floor area permitted for a cottage private open spaces. housing unit includes: (a) Fencing located between a cottage (i) Architectural projections such housing unit and a public street or as utility closets no greater the common open space shall not -.'than eighteen inches in depth exceed 48" in height. and six feet En width, bay windows and fireplaces. (5) Parking Requirements and Standards. _ Parking areas should be located within 4 - - (ii) Spaces with a ceiling height of the cottage housing development in .. six feet or less measured to the such a way as to maintain the character ±.- exterior walls, such as interior along the public street and to minimize ' :attic eaves. the noise and light impacts on private residences and public spaces. (2) Cottage Orientation. The fronts of all Reductions in parking space allowances cottage housing; units shall be oriented are not permitted in cottage housing around the common open space or developments. Permitted on-street towards the street, with the following parking spaces adjacent to a projects exception: frontage may count towards the parking requirements of the development (a) A maximum of 1 cottage in a subject to approval by the Zoning and cottage housing development is Development Administrator. Parking allowed to be located in an area standards for cottage housing that does not front onto the developments shall be as follows: common open space or street right of way. These units shall be located (a) The required number of parking within 25 feet of the common open spaces for each cottage shall be space and shall have direct determined according to the square footage of the cottage housing unit. (1) Cottages less than 1,000 sq. ft. shall have 1.5 parking spaces provided. (ii) Cottages over 1,000 sq. ft. shall have 2 packing spaces provided. (b) Parking lots containing five or more parking spaces shall comply with the parking lot construction and design standards located in Chapter 172: Parking and Loading of the City's Unified Development Code. (c) Parking lots shall be located a minimum of 25' back from the public right-of-way. (d) Shared covered parking shall be designed to be similar and compatible to the design, materials and roof pitches used for the cottage housing units. (e) Parking space dimensions shall': comply with Chapter 172: Parking: and Loading of the Unified Development Code. (6) Bicycle Parking. Bicycle parking should be located in a common area and preferably be covered to protect the long term storage of bicycles. It is recommended that cottage housing developments should provide one unsheltered=bicycle rack or the equwatent sheltered space to store two tricycles per cottage housing unit. (7�,'2Fire Department Access. Fire department access shatl'be determined at the.time of development review. Any part oflstructure in a cottage housing development that is located more than 150 feet from: Fire Department vehicle access, as rneasured by an approved route around the exterior of the buildings or facilities, shall have a fire department approved sprinkler system. (8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. (9) Utilities. Individual cottage housing units shall have a unique connection to the main water and sewer lines. Main water and sewer lines on private property servicing cottage housing unit developments shall be located in a dedicated easement. (10) Community Buildings. Community buildings and common pavilions less than 2,000 sq. ft. are permitted by right In cottage housing development. These structures shall be architecturally integrated with the architectural style of the cottage housing development. (11)StormwaterrGrading. Cottage housing developments shall comply with the grading, drainage and stormwater proyi9ions set forth in the Unified Development Code Chapter 169 and 170. A drainagepermit application shall contain sufficient,information and plans to allow the City Engineer to determine whether the project complies with these requirements. (12) Solid Waste Service. For the purposes of solid waste collection cottage housing developments are considered a residential use and should receive residential solid waste service (individual carts and recycling bins). In .certain instances, it may be necessary fo service cottage housing developments with commercial solid waste collection equipment (dumpsters). This may occur when a project is located in a predominately commercial area serviced by commercial solid waste pick up. It is incumbent on the developer to design solid waste service into the cottage housing development plan early in the process. The final determination of solid waste service and pick-up areas will be made at the time of development review. Specific requirements for residential and commercial solid waste pick-up shall be as follows: (a) Residential solid waste service requires a designated location adjacent to the street curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the designated solid waste pick-up day. If this location is also used for on -street parking it shall be clearly marked and a sign posted restricting use for the designated solid waste pick-up day. A minimum linear distance of 9 ft. is required to accommodate each cottage housing unit's trash cart and recycling bin. structurally identical front porches (b) Commercial solid waste service shall be located on adjacent cottage requires a dumpster location that is housing units. freely accessible for front end loading and screened from public (2) Required Architectural Elements. A view. cottage housing unit with a front porch that is credited for meeting the (c) Solid waste facilities shall be requirements of section 164.22(H)(1) located behind the front building above shall not be credited with meeting setback line and shall be screened the requirements of this section. All from the right-of-way and adjacent cottage housing units in a cottage property owners by either housing development shall contain a architectural treatments or minimum of two of the following building vegetative screening. features or treatments: (H) Building Design Standards. Building design (a) Porch. shall provide variety and visual interest in -- E-1 order to provide compatibility with the (b)Variations in roof shapes or gables character of the surrounding neighborhood. between adjacent structures. These standards are intended to avoid the repetitive use of the same building design, (c) Roof brackets, structural features, detailing or finishes within - the cottage housing development. (d) Bay windows. - - (1) Variety in Cottage Housing Units (a),, Dormers. Floor Plans and Architectural Treatments. In cottage housing : (f) Chimneys. developments no two structures shall tie identical in terms of exterior finishes All ' (g) Other similar features or treatments cottage housing units shall differ from-:';` as approved by the Zoning and each other by utilizing at least two of the _. Development Administrator. following options: (1) Variances from. the minimum Cottage (a) Variations in building material Housing Development Requirements. An finishes.such as clapboard; shake applicant may request a variance for specific shingles, stone, brick, etc;, and requirements of the cottage housing building color; development ordinance from the Planning Commission. Notification of adjoining and (b) -Variations in adjacent cottage adjacent property owners shall conform to -_ hodsingunitfloor plans that alter the requirements of Chapter 157: Notification the location of exterior windows and and Public Hearings of the City's Unified .. doors; Development Code. A variance of the following standards of the cottage housing (e): -Variations in the size of main floor development ordinance may be requested: area and/or building -height of adjacent structures;: or (1) Number of cottage housing units permitted. (d) A front porch witha minimum width no less than 5Q°/a of the front (2) Cottage housing development building fagade. Front porches shall separation requirement have a minimum depth of 6 feet. No Exhibit "B" 161.04 RSF-.5 Conditional Use Permit 161.05 RSF-1 Conditional Use Permit 161.06 RSF-2 Conditional Use Permit 161.07 RSF-4 Conditional Use Permit 161.08 RSF-7 Conditional Use Permit 161.09 RSF-8 Conditional Use Permit 161.10 RT -12 Use by Right 161.11 RMF -6 Use by Right 161.12 RMF -12 Use by Right 161.13 RMF -18 Use by Right 161.14 RMF -24 Use by Right 161.15 RMF -40 Use by Right 161.16 Neighborhood Services Use by Right 161.17 R -O Use by Right 161.18 C-1 Use by Right 161.19 Community Services Use by Right 161.20 C-2 Use by Right 161.21 Urban Thoroughfare Use by Right 161.22 C-3 Use by Right 161.23 Downtown Core Use by Right 161.24 Main Street/Center Use by Right 161.25 Downtown General Use by Right 161.26 Neighborhood Conservation Conditional Use Permit Planning Commission September 12, 2011 Page 14 of 18 ADM 11-3782: Administrative Item (UDC CH. 164: SUPPLEMENTARY DISTRICT REGULATIONS — COTTAGE HOUSING DEVELOPMENT): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION. The request is to amend Chapter 164 of the Unified Development Code (UDC) to permit cottage housing development. Leif Olson, Planner, gave the staff report and outlined the key points of the Cottage Housing Ordinance with a power point presentation. Commissioner Cabe opened the floor for public comment. Rob Sharp addressed the commission and expressed his support of the ordinance. Sharp commented on the fact that the ordinance was very prescriptive in order to achieve a high quality product. Sharp discussed the need in Fayetteville for smaller housing units to serve the growing demographic of singles, couples, retirees, etc. Commission Cabe closed the floor for public comment. Commissioner Chesser asked if the architectural requirements would preclude modern architectural styles Leif Olson stated that the ordinance is not prescriptive in regard to architectural style. Commissioner Chesser commented that he felt that the Cottage Housing Ordinance should be permitted by right in single family zoning districts. Commissioner Chesser stated that he would have a hard time supporting this ordinance if it did not allow CND's in single family zoning districts by right. Commissioner Earnest stated his support of the ordinance. Commission Cabe asked if existing non -conforming structures would count as a housing unit in the total number of housing units permitted in the development. Leif Olson stated that an existing structure that would remain on the property after the development was completed would count as one of the housing units allowed in the development. Commission Cabe asked if any other cities permitted well done parking areas to count in the square footage of open space required per dwelling unit. Leif Olson indicated that none of the twenty or so CHD ordinances that staff looked at allowed parking areas to count for the required open space requirement. Commissioner Cabe asked if the language regarding the inclusion of bicycle racks or designated bike storage should be strengthened to a requirement instead of a recommendation. Leif Olson indicated that staff removed the requirement for bike storage because a City Council sponsor of the ordinance requested that change. Olson stated that the City does require bike racks for commercial projects but not for any single family type projects but that staff would encourage developers to include bike storage facilities in their design. Planning Commission September 12, 2011 Page 15 of 18 Commissioner Cabe asked if a variance could be added in order to allow for less variation in the architectural requirements. Leif Olson stated that the ordinance could be amended in order to allow for that possibility. Commissioner Hoskins asked if there is anything in the ordinance that would preclude someone from having a garage attached to a cottage housing unit. Leif Olson stated that the requirement is that the footprint of the home shall not exceed 900 square feet. Commissioner Hoskins asked if staff had seen any of these developments that had garages attached to the cottages. Leif Olson and Andrew Garner both indicated that they had not found examples with garages attached. Commissioner Hoskins asked about the square foot requirement for the cottages and whether the City should allow for units larger than 1,100 square feet. Hoskins asked staff about the square footage requirements of peer cities that had adopted CHID. Leif Olson stated that of the approximately 20 peer cities ordinances reviewed the square footage was typically limited to 1,000 to 1,300 square feet. Commissioner Hoskins asked if it would make sense to allow for cottage housing units that are larger than 1,100 square feet. Hoskins stated that the 1,100 sq. ft. would limit the market for these housing units. Hoskins discussed the various demographic trends and what buyers are looking for. Leif Olson stated that the limited square footage requirement is in place for the purposes of scale and compatibility and that once you get up over a certain square footage it is no longer a cottage but a house. Olson stated that staff felt strongly that 1,100 sq. ft. was appropriate to ensure that the units were small enough in scale. Commissioner Hoskins indicated that he felt 1,100 sq. ft. is too small and that the inconvenience ofparking and walking to a cottage unit may turn off some potential buyers. Hoskins stated that it would be very difficult to locate a garage in a unit with a maximum first floor footprint of 900 sq. ft. Leif Olson stated that the cottage housing ordinance is designed to be very prescriptive and that it is a very specific tool that will not appeal to all developers or potential buyers. Olson discussed the fact that this type of development would appeal to a niche market that would not necessarily see the fact that the housing unit did not have a garage as a negative. Commissioner Hoskins stated that he thought it was a great ordinance and he thanked staff for bringing it forward. Commissioner Chesser discussed the square footage requirement and suggested that some flexibility might be desirable. Chesser suggested allowing a percentage overage of the maximum sq. ft. allowed. Leif Olson discussed the ability for the developer to do fee simple or condominium ownership and that the incentive for the developer was to be able to create individual lots for each cottage that did not have to have street frontage so long as the parent tract met the requirements of the underlying zoning district. Olson stated that the prescriptive requirements of the ordinance such as the 1,100 sq. ft, maximum are intended to ensure that the Planning Commission September 12, 2011 Page 16 of 18 housing built would be small in scale and not a cluster of large homes without street frontage Commissioner Hoskins stated that his issue with the ordinance was that the footprint was limited to 900 sq. ft. and the limited ability to have a garage within that area. Commissioner Cabe stated that he felt that the ability for each cottage housing unit to have direct car access would be limited due to the cost of providing private streets in such a small cluster of size limited homes. Cabe discussed the CHD ordinance as a tool that will be used as an alternative development pattern and that we shouldn't try to shoehorn this ordinance in order to meet what is the perceived current real estate market. Cabe indicated that he thought these developments would be tucked into vacant and underutilized land in the core of Fayetteville instead of on the fringe of the City. Discussion followed regarding carports and garages. Rob Sharp stated that a garage is not necessarily integral to a housing unit and the fact that the social interactions that take place walking is a viewed as a positive aspect of these developments. Sharp also discussed that he felt it was important to get a few of these built and then come back and revisit the ordinance to see what was and wasn't working. Commissioner Earnest pointed out that this is only a tool to help meet the changing demographics. Earnest acknowledged that the PZD process existed for developers to do innovative projects and that variations of these type of projects can still be approved with the PZD. Motion: Commissioner Earnest made a motion to forward ADM 11-3782 to the City Council with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 6- 3-0 (Commissioners Chesser, Honchell, and Hoskins voting 'no'). F."L ORDINANCE NO. TO ENACT § 164.22 THE UNIFIED DEVED WHEREAS, the City dk Fayetteville has quality affordable housing for its ci 'zens; and WHEREAS, the City of development and the mixture of neighborhoods; and AGE HOUSING CODE to increase the availability of 'an established policy to encourage in -fill and sizes of single family housing within WHEREAS, providing for a pro5ing anned clustering of small, high quality, detached single family houses (cottages) withinigh rhood of larger lots and homes can provide attractive, compatible and affordable ho for o citizens. NOW, THEREFORE BE T ORDAINED Y THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, A NSAS: Section 1: That the ty Council of the City of etteville, Arkansas hereby enacts §164.22 Cottage Housing D elopment (as shown on Exhibi A) into the Unified Development Code of Fayetteville. PASSED and APPROVED: this 15th day of November, 2011. By: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWEST ARKANSAS THE MORNINGNEWSSPRINGDALE �SPAPERSLLC NE ROGERS THNORTH EST ARK OF ARKANSAS NORTHWEST ARKANSAS TIMES BEMON COUNTY DAILY RECORD 212 NORTH EAST AVENUE. FAYETTEVILLE, ARKANSAS 72701 1 P.O. 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