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
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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.