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HomeMy WebLinkAboutOrdinance 5462 Doc ID: 014966090007 Type: REL Kind: ORDINANCE Recorded: 12/29/2011 at 02:26:55 PM Fee Amt: $45.00 Paoe 1 of 7 Washlnoton Countv. AR Bette stamps Circuit Clerk File2011-00035938 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 Chapterl6l: 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 ELD JO", Mayor LISA BRANSON, Deputy City Clerk .°°`°°FtWTRA"F q\ • 'rc�e ,U• o�Ju Yo • E ;FAYETTEVILLEo 9RkA�aSPa;;? �4,Ivi tGsa` 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) LandArea 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 eave 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) Packing 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 (i) 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 stormwater 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 Washington County,AR I certify this instrument was filed on 12/29/2011 02:28:55 PM and recorded in Real Estate File Number,2011-00035938 Bette Stamps/Circuit Clerk mp 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: 6-05y Ferr Date Alderman .- v t A Mark I bon Date Alderman to � City Attorney Date (as to form) Packet Prepared by: Leif Olsoe Date Associate Planner W1 TayZtevl le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS WWW fetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Man, Chief of Staff Jeremy Pate, Development Services Director John Coleman, Sustainability and Strategic Planning Director From: Leif Olson, Planner 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 1 -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(< I 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. DISCUSSION On September 12, 2011 the Planning Commission voted 6-3-0 in favor of a recommendation of approval for ADM 11-3 782 Cottage Housing Development Ordinance. BUDGETIMPACT None.