HomeMy WebLinkAboutOrdinance 5490 ORDINANCE NO. 5490
AN ORDINANCE TO AMEND THE DEFINITION OF "FAMILY" FOUND IN
CHAPTER 151 DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE
TO ALLOW THE CITY COUNCIL TO AUTHORIZE UP TO FIVE (5)
UNRELATED PERSONS IN SOME UNITS OF A PLANNED ZONING
DISTRICT
WHEREAS, the current definition of "Family" in the Unified Development Code has
been in effect over the last decade and has been approved by the United States Department of
Housing and Urban Development after being challenged by a landlord or tenant; and
WHEREAS, the current definition of "Family" in the U.D.C. limits the number of
unrelated individuals in a housing unit to three (3) for single family districts and four (4) in
multifamily districts in order to protect neighborhoods; and
WHEREAS, in rare circumstances and with appropriate safeguards the City Council
should be authorized to allow up to five (5) unrelated persons in a unit within a Planned Zoning
District designed for such occupancy.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the
current definition of "Family" found in the Definitions Chapter of the Unified Development
Code and enacts a new definition of"Family" as shown below
"Family. (Zoning) In R-A, Neighborhood Conservation and all single family districts including
single family Planned Zoning Districts, a "family" is no more than three (3) persons unless all
are related and occupy the dwelling as a single housekeeping unit. In all other zoning districts
where residential uses are permitted, a "family" is no more than four (4) persons unless all are
related and occupy the dwelling as a single housekeeping unit with the exception that the City
Council may permit a definition of "family" as no more than five (5) persons unless all are
related and occupy the dwelling as a single housekeeping unit in a specific Planned Zoning
District with proper safeguards for the surrounding neighborhood such as applying the parking
requirements of §172.11 (even though this is a multifamily PZD), requiring that each five
Page 2
Ordinance No. 5490
person unit must be placed within a freestanding structure of not more than two stories and be
buffered from other residential districts outside the Planned Zoning District. The City Council
shall consider whether an applicant's PZD with one or more five unrelated person structures
would cause unreasonable traffic into an adjoining residential neighborhood before approving
any such PZD. Persons are "related" for purposes of this definition if they are related by blood,
marriage, adoption, guardianship, or other duly-authorized custodial relationship. The definition
of"family"does not include fraternities, sororities, clubs or institutional groups."
PASSED and APPROVED this 3`d day of April, 2012.
APPROVED: ATTEST:
By: By: &At�, _ hki�l✓
YOKELD Mayor SONDRA E. SMITH, City Clerk/Treasurer
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s FAYETTEVILLE:
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AGENDA REQUEST
FOR: COUNCIL MEETING OF FEBRUARY 7, 2012
FROM:
ALDERMAN RHONDA ADAMS
ALDERMAN MATTHEW PETTY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend The Definition Of"Family" Found In Chapter 151 Definitions
Of The Unified Development Code To Allow The City Council To Authorize Up To Five
(5) Unrelated Persons In Some Units Of A Planned Zoning District
APPROVED FOR AGENDA:
S- k,--AA"
Rh nda Adams Date
Alderman
Matti ew Petty Date
Alderman
City Attorney kas to form) Date
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a e evl le Departmental Correspondence
Y ARKANSASLEGAL
www.accessfayetteville.org DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
City Council Jason B.Kelley
Sondra Smith, City Clerk Assistant City Attorney
FROM: Kit Williams, City Attorney
DATE: March 13, 2012
RE: Resuming consideration of proposed ordinance to amend definition of
"family" for zoning purposes
At the last City Council meeting, the City Council approved a Motion to
Table the ordinance amending the definition of"family" for zoning purposes until
the Ordinance Review Committee could consider and make a recommendation
concerning a possible ordinance to adopt a civil enforcement procedure to the City
Council. The next afternoon at 5:00 P.M. the Ordinance Review Committee met to
discuss the draft ordinance for civil enforcement of residential overcrowding
issues.
At the Ordinance Review Committee meeting, Jeremy Pate and Yolanda
Fields assured the Ordinance Review Committee that the current enforcement
procedures in response to residential overcrowding complaints were functioning
well. I then recommended to the Ordinance Review Committee that my draft
ordinance should not be presented to the City Council for approval while the City
Council further monitored the current enforcement procedures. The Ordinance
Review Committee made suggestions to Community Services about better citizen
communication to ensure residents knew of their right to lodge complaints about
residential overcrowding. Additionally, a suggestion was made encouraging
Community Services to report back to the citizens who had complained about
residential overcrowding to explain its investigation, findings and resolution of the
complaint.
The Ordinance Review Committee took my advice and unanimously agreed
not to pursue the alternative civil enforcement ordinance at this time. It also asked
how to bring the definition ordinance back to the full City Council. I explained
that this ordinance could be "taken from the table" during the next City Council
meeting by majority vote. I recommended that the public be advised of this action
at the City Council Agenda meeting.
My review of Robert's Rules of Order and the Municipal League's
"Procedural Rules For Municipal Officials" confirms that a Motion To Take From
The Table (Robert's Rules) or Motion To Resume Consideration (characterized by
the Municipal League as the more modern version) can be made.
Since the definition ordinance was supposed to be returned to the City
Council automatically when the Ordinance Review Committee had sufficiently
reviewed the enforcement ordinance, I believe it is proper to place this definition
ordinance back on "Old Business" now as the Ordinance Review Committee
discussed the enforcement ordinance and decided not recommend it to the City
Council now. We have always applied "common sense" parliamentary procedure
rather than a hyper-technical interpretation. Thus, my position is that the City
Council did not intend to "kill" the definition ordinance if the Ordinance Review
Committee determined not to recommend the civil enforcement ordinance.
Instead, the City Council wanted the Ordinance Review Committee to review and
recommend what action to take on the civil enforcement ordinance before
returning the definition ordinance for City Council action.
That has been accomplished so I recommend that the definition ordinance
now be placed back on the final Agenda under Old Business. To further ensure
no one can claim the City Council violated parliamentary procedure, I request
Mayor Jordan ask for a Motion To Resume Consideration of the ordinance at the
City Council before any discussion. Like a Motion To Table, a majority of those
aldermen present and participating are needed to pass a Motion To Resume
Consideration which is a "Subsidiary" motion.
2
OBJECT TO CONSIDERATION: To oppose discus- SPECIAL MEETING: A meeting called to consider
sion and decision of a main motion. certain specific business that must be set forth in
ORDER OF BUSINESS: The formal'program of se-
the call.
quence of different items or classes of business STANDING COMMITTEE: A committee to handle
arranged in the order in which they are to be consid- all business on a certain subject that may be referred
Bred. - to it, and usually having a term of service correspon-
ding to the term of office of the officers of the organi-
zation.
a municipality.
UNFINISHED BUSINESS: Any business deferred by
PENDING QUESTION: A question, or motion, be- a motion to postpone to a definite time, or any busi-
fore the council which has not yet been voted upon. ness that was incomplete when the previous meeting
POSTPONE DEFINITELY: To defer consideration of adjourned.Unfinished business has a preferred status
a motion or report until a specific time. at the following meeting.
POSTPONE INDEFINITELY: To kill a motion or re- VIVA VOCE VOTE: A vote taken by calling for
port by deferring consideration of it indefinitely.
"ayes"and "noes"and judged by volume of voice re-
port
Sometimes called "voice vote."
POSTPONE TEMPORARILY: To defer consideration. VOTE IMMEDIATELY: Motion to close debate,shut
of a report or motion until the council chooses to take
it up again. The old form of the motion was "lay on off subsidiary motion and take a vote at once
the table." WITHDRAW: Motion by a member to remove his
PRECEDENCE: The right of prior proposal and con- motion fromconsideration by the council
sideration of one motion over another,or the order or
priority of consideration.
PRIVILEGED MOTIONS: The class of motions hav-
ing the highest priority.
QUESTION OF PRIVILEGE: Request or motion af-
fecting the comfort or convenience of the council or
one of its members.
RECONSIDER: Motion to cancel the effect of a vote
so that the question may be reviewed and redecided.
REFER TO COMMITTEE: Motion to delegate work
to a small group of members for study,decision or ac-
tion.
RESUME CONSIDERATION: To take up for consid-
eration a motion that has been postponed temporarily.
The old form of the motion was"take from the table."
SPECIAL COMMITTEE: A committee appointed to
accomplish a particular task and to submit a special
report.It ceases to exist when its task is completed,
14 15
1114 1 Rules of Order Motions and Their Order of Precedence [ 115 1
the motion may be made again after an adjournment it. Also, an affirmative vote on it can't be reconsidered
even when the next meeting is held on the same day. In (see Section 27); it removes the subject from consider-
Congress, though, the motion can't be renewed the same ation until the assembly votes to take it from the table.
day. (See Section 8 for the order of precedence of this If a member incorrectly makes a motion to La on the
motion.) Table some question for a specified time, the chair
The motion to Suspend the Rules applies only to rules shouldn't rule it out of order but should recognize and
of order or standing rules (see Section 49) since an orga- state it as a motion to Postpone to a Certain Time (Sec-
nization's constitution and bylaws can't be suspended tion 21). The motion to Lay [a subject] on the Table
even by unanimous consent, unless they provide for their can't be limited in any way. Some of the correct forms of
own suspension. But they should never be suspended this motion are shown in these examples:
except in the case of a bylaw relating to the transaction
of business,and then the reason for the suspension should I move to lay the question of—on the table.
be specified.
The rules of an assembly, therefore, must not be sus- I move that the matter of _ be laid on the i
pended except for a definite purpose, and then a two- table.
thirds vote is required. Also,no rule should be suspended, I move that the question of_lie on the table.
except by unanimous consent, that gives any right to a
minority as small as one-third. It would be pointless, for
example, to have a rule allowing one-fifth of the mem When someone wants to take up the question again, one
be present to order the"yeas and nays" (see Section 38 of the forms here should be followed:
and 39) if two-thirds could simply suspend that rule. 1 move to take the question of _ from the
The If
form of this motion is as follows: table
I move to suspend the rules that interfere with I move that we now consider the question of
In organizations with th sessions of a day or less, occur-
ring as often as monthly, it should be permissible to take g
Subsidiary Motions from the table any question that was laid there at the
previous session (see Section 42). In the case of a resolu-
tion, however, it would be better to offer it again as a
Section 19. To La the Table new resolution.
jr on The motion to Lay [a subject] on the Table has no
privilege, is undebatable, and can't have any other sub-
sidiary motion applied to it. The object of it is to post
The motion to Lay on the Table a particular subject pone a subject so that it can be taken up at any time at
(set it aside temporarily) takes precedence over all other the same or in a future meeting. You couldn't accomplish
subsidiary questions (see Section 7). But it yields to any this by a motion to Postpone Indefinitely(Section 24) or
incidental motion (see Section 8) or privileged motion definitely. The motion also is used frequently to suppress
(see Section 9). This motion is not debatable and can't be a question (see Section 59) for a particular session; it can
amended or have any other subsidiary motion applied to do this as long as there will never be a majority vote to
•
a e evl le Departmental Correspondence
ARKANSASLEGAL
Iorg DEPARTMENT
Kit Williams
city Attorney
TO: Mayor Jordan
Jason B.Kelley
City Council Assistant City Attorney
CC: Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney !!
DATE: January 26, 2012
RE: Possible affordable option between houses and apartment buildings
within a new PZD
Alderman Rhonda Adams asked Jeremy and me to consider and work on a
possible amendment to the U,D.C.'s definition of"family" in order to facilitate an
alternative housing model that would allow higher density than a house, but would
be more "home-like" than a standard apartment building. With the U of A's recent
announcement that it will continue to strive to grow by over a thousand additional
students for the next few years, the City needs to plan to make new, attractive and
affordable housing options allowable for our increasing student population to
protect our existing single family neighborhoods. Without such an option, our
neighborhoods will likely see increasing pressure and problems from over-
occupied houses.
To meet this need and Alderman Adams' request, Jeremy and I worked out a
possible amendment to the definition of"family" with Rhonda that would increase
the maximum number of unrelated persons in a housing unit from 4 to 5 in a
specific PZD approved by the City Council in a case by case consideration and
with proper safeguards for the surrounding neighborhood. Such safeguards would
likely include buffering from other residential housing, limitations as to the
number and type of structure allowed ("free standing structure of not more than
two stories") and whatever else that the City Council, after listening to public
comment, would believe to be appropriate to protect the surrounding
neighborhood.
Alderman Rhonda Adams has approved this proposed amendment and
submits it for your consideration.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE DEFINITION OF "FAMILY" FOUND IN
CHAPTER 151 DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE
TO ALLOW THE CITY COUNCIL TO AUTHORIZE UP TO FIVE (5)
UNRELATED PERSONS IN SOME UNITS OF A PLANNED ZONING
DISTRICT
WHEREAS,the current definition of"Family" in the Unified Development Code
has been in effect over the last decade and has been approved by the United States
Department of Housing and Urban Development after being challenged by a landlord or
tenant; and
WHEREAS, the current definition of "Family" in the U.D.C. limits the number of
unrelated individuals in a housing unit to three (3) for single family districts and four (4) in
multifamily districts in order to protect neighborhoods; and
WHEREAS, in rare circumstances and with appropriate safeguards the City Council
should be authorized to allow up to five (5) unrelated persons in a unit within a Planned Zoning
District designed for such occupancy.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the
current definition of "Family" found in the Definitions Chapter of the Unified Development
Code and enacts a new definition of"Family" as shown below
"Family. (Zoning) In R-A, Neighborhood Conservation and all single family districts including
single family Planned Zoning Districts, a "family" is no more than three (3) persons unless all
are related and occupy the dwelling as a single housekeeping unit. In all other zoning districts
where residential uses are permitted, a "family" is no more than four (4) persons unless all are
related and occupy the dwelling as a single housekeeping unit with the exception that the City
Council may permit a definition of "family" as no more than five (5) persons unless all are
related and occupy the dwelling as a single housekeeping unit in a specific Planned Zoning
District with proper safeguards for the surrounding neighborhood such as applying the parking
requirements of §172.11 (even though this is a multifamily PZD), requiring that each five
person unit must be placed within a freestanding structure of not more than two stories and be
buffered from other residential districts outside the Planned Zoning District. The City Council
shall consider whether an applicant's PZD with one or more five unrelated person structures
would cause unreasonable traffic into an adjoining residential neighborhood before approving
any such PZD. Persons are "related" for purposes of this definition if they are related by blood,
marriage, adoption, guardianship, or other duly-authorized custodial relationship. The definition
of"family"does not include fraternities, sororities, clubs or institutional groups."
PASSED and APPROVED this 6`h day of March, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
G �, rr�� !�►�
Fayetteville Code of Ordinances
Facilities handling explosives. (Zoning) Any Flood Insurance Rate Map (FIRM). (Flood
function that involves a process dealing with a product Damage Prevention) The official map on which the
with explosive potential. Federal Management Agency or Federal Insurance
Administration has delineated both the areas of
Fall zone. (Wireless Communications Facilities) special flood hazards and the Floodway.
The area within which a tower or antenna might cause
damage to persons or property should the tower or Flood Insurance Study. (Flood Damage
antenna be knocked down, blown over or fall on its Prevention)The official report provided by the Federal
own. Insurance Administration that includes Flood profiles,
the FIRM, the Flood Boundary and Floodway Map,
Family. (Zoning) In single-family residential and the water surface elevation of the base flood.
districts, a family is no more than three persons
unless all are related and occupy a dwelling as a Floodplain. (Stormwater Management, Drainage
single housekeeping unit in the RSF-.5 (Residential and Erosion Control) For a given flood event, that -
Single-family — Half Acre), RSF - 1 (Residential area of land that is temporarily covered by water and
Single-family - One acre), RSF - 2 (Residential that adjoins a watercourse. In FEMA regulated, or
Single-family — 2 Acre), RSF - 4 (Residential Single- established floodplains,the floodplains shall mean the
family—4 Units per Acre), and RSF - 7 (Residential area subject to inundation from any source during the
Single-family — 7 Units per Acre) zoning districts. In regulatory event.
all other zoning districts where residential uses are
permitted, a family is no more than four persons Floodplain or flood-prone area. (Flood Damage
unless all are related and occupy a dwelling as a Prevention)Areas that are subject to, or are exposed
single housekeeping unit. A family is when all to,flooding and flood damage.
persons are related by blood, marriage, adoption,
guardianship or other duly-authorized custodial
relationship. The definition of family does not include
fraternities,sororities,clubs or institutional groups.
FCC. (Wireless Telecommunications Facilities)
The Federal Communications Commission.
FEMA. (Physical Alteration of Land) Federal V
Emergency Management Agency. -
Fenestration. (Development) An exterior opening
in the surface of a structure, such as a window, door,
clerestory window, curtain wall,etc.
Fill. (Physical Alteration of Land) A deposit of
earth material placed by artificial means. _ __w. _ -. ., ------�----
First or ground floor. (DDOD). The finished floor
facing a street right of way. Floodplain management. (Flood Damage
Flashing sign. (Signs) An illuminated sign on Prevention) The operation of an overall program of
which artificial or reflected lights is not maintained corrective and preventive measures for reducing flood
damage, including but not limited l emergency
stationary and constant in intensity and color at all preparedness plans, flood control works and
times when in use.
floodplain management regulations.
Flood or flooding. (Flood Damage Prevention)A
general and temporary condition or partial or Floodplain management regulations. (Flood
Damage Prevention
complete inundation of normally dry land areas from
the overflow of flood waters, or the unusual and rapid codes, health regulations, special purpose ordinances
Development code, building
accumulation or run-off of surface water from any ordinance)
grading ordinance and erosion control
source. ordinance) and other applications of police power. -
The term describes such state or local regulations in
Flood boundary and floodway map. (Flood any combination thereof, which provide standards for
Damage Prevention) The official map on which the the purpose of flood damage prevention and
Federal Insurance Administration has delineated both reduction.
the areas of flood hazards and the Floodway. Flood-proofing. (Flood Damage Prevention)Any
combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or
CD151:10
(2%23%2012 Ci Clerk- Form mail from AccessFayetteville -Ordinance Meetin ton! ht 6 m Seite 1
From: <themucks@gmail.com>
To: <webmaster@ci.fayetteville.ar.us>
CC: <city_clerk@ci.fayetteville.ar.us>
Date: 2/23/2012 10:27 AM
Subject: [Form mail from AccessFayetteville]-Ordinance Meeting tonight @ 6pm
-------------------------------------------------------------------------
From: Jeffrey&Juanita Muckleroy
Email: themucks@gmaii.com
To: city_clerk@ci.fayetteville.ar.us
Subject: Ordinance Meeting tonight @ 6pm
Message:
Please pass our concerns below to the Council tonight as these are major concerns for us in the Sang
valley Neighborhood.
Hello City Council Members-
We are residents in the Sang Valley community. We would like to go to the meeting tomorrow night but
have to be in Tulsa to pick up my Daughter. We have been out of pocket for a while now on what is going
with our community, however the below email is very disturbing to us and we would like for our voice to
be heard tomorrow night at this meeting.
1)We are not in favor for passing a new definition of a family! This is going to bring more unwanted traffic
in our neighborhood that people in our community already complain about, plus we already have houses
around this neighborhood that have more than the allotted residents in them. You can look down Ora and
see more than 7 cars parked at it all the time. The corner of Sang and Weddington is another. Right on
Cleveland is another.
2) If you pass the 5 instead of 3 for a definition it will not be a choice of the city approving on a case to
case base. The city will do whatever brings in the most money! It doesn't care where the location is as
long as it brings in revenue.
3)We have already complained about the traffic on Sang Ave. We have added a new church right down
the street that has increased traffic already. With the increase of students at the University the traffic has
also increased drastically. In front of our house on Sang at 7:30am-8:30am you can't get out of the
driveway easily. This is also the same at 4:30-5:30 pm every day. What will you do when one of our
children get hurt due to traffic that has increased in the neighborhood?
4) We put in speed bumps but they don't work!We have enough traffic flowing through here at all times of
the day and night speeding! You can hear people going over the speed bumps like crazy... Some even
sound as if they have lost part of their car.
5)Although we work for the University and am an advocate for the University we do not want more
residential places in our neighborhood. We bought this house because it was a nice quiet place to live