HomeMy WebLinkAboutOrdinance 5313 ORDINANCE NO.5313
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE
OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 151:
DEFINITIONS AND 163.12: TANDEM LOT DEVELOPMENT IN ORDER TO
CLARIFY AND UPDATE TANDEM LOT DEVELOPMENT REQUIREMENTS
WITH CURRENT PUBLIC SERVICE REQUIREMENTS AND DEVELOPMENT
PATTERNS.
WHEREAS, the City of Fayetteville definition of tandem lot development does not clarify
between a lot width variance and a tandem lot conditional use permit; and
WHEREAS, the City of Fayetteville tandem lot development requirements are not consistent
with current specifications for residential access, solid waste and emergency response service; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code needs to
be revised to permit accessory dwellings on tandem lots and clarify the findings and requirements for
tandem lot development to be consistent with the current requirements for solid waste service and
emergency response.
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 §151.01
Definitions of the Unified Development Code by repealing and replacing the definition of Tandem lot
as follows:
Tandem lot. (Zoning) A lot which has less than 50% of the required frontage on a
public street and which is located behind a lot or a portion of a lot which does have
the required frontage.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §163.12
Tandem Lot Development of the Unified Development Code and enacts a replacement §163.12 as
shown in Exhibit"A"attached hereto.
PASSED and APPROVED this 20th day of April,2010.
APPROVED ATTEST:
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6X
. �Y 6® G"
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BY: �-- BY AYETTEVILLE®
I ELD&�-N,Mayor SONDRA . SMITH, ity lerk/Trea�ureg
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EXHIBIT A
ADM 10-3529 UDC Ch. 163.12 Tandem Lot
Page 1 of 1
163.12 Tandem Lot Development
(A) Where allowed. Tandem lot development shall be permitted for a single-family dwelling and customary
accessory structure and/or dwelling unit only and shall be a conditional use in all districts where single-
family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be
prohibited.
(B) Findings. Before any conditional use for tandem lot development shall be granted, the Planning
Commission shall make the following findings:
(1) Tandem lot development will not be inconsistent with the size and development pattern in
comparison with other lots in the neighborhood and the underlying zoning district.
(2) The configuration of the property, existing surrounding development, and/or terrain of the area in
which the tandem lot is proposed is such that subdivision of said area into a standard block in
accordance with Development, Chapter 166 is not feasible.
(C)Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width
and specification, such as a vehicular turnaround, as determined by emergency response providers
in accordance with applicable local, state, and federal codes. The tandem lot owner shall be
responsible for maintaining said private drive so that emergency vehicles have safe access to the
dwelling located on the lot. Parking of vehicles in the designated private drive for emergency
vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual
private easement in,the private drive. If the private drive intersects a paved street,the private drive
shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the
driveway design standards in Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter
166 Street Design and Access Management Standards.
(3) The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area
requirements of the zoning district in which it is located, unless a variance is otherwise granted by
the Fayetteville Board of Adjustment.
(4) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20 (B). The designated
collection point shall be identified at the time the tandem lot is created, in coordination with the City
Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point
more than 12 hours before or after regular trash pickup in accordance with Chapter 50.20(B)
(5) Setback. Each tandem lot shall have a minimum building setback requirement of 15 feet from
all property lines unless a variance is granted by the Fayetteville Board of Adjustment.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/20/2010
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3529 (UDC Amendment: Tandem Lot): An ordinance amending Chapters 151 and 163 of the Unified
Development Code in order to clarify and update tandem lot development requirements with current public service
requirements and development patterns.
n/a
Cost of this request Category/Project Budget Program Category/Project Name
_ n/a
Account Number Funds Used to Date Program/Project Category Name
n/a
Project Number Remaining Balance Fund Name
Budgeted Item ® Budget Adjustment Attached
Previous Ordinance or Resolution#
Departmen Director Date
Original Contract Date:
Original Contract Number:
City Attorn Date
Received in City Ll-
Chief
cx- L ^ 2.2616 Clerk's Office of Staff � 7,J �` t eG
Received in q�
Mayor's Office
ay ate
Comments:
Revised April 16,2007
aye THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council �(
Thru: Jeremy Pate, Director of Development Services*
From: Andrew Garner, Senior Planner
Date: April 1, 2010
Subject: ADM 10-3529 Tandem Lot Development UDC Change
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance amending the Tandem Lot definition and
development requirements in the Unified Development Code (ADM 10-3529).
BACKGROUND
In an effort to update the UDC staff has identified specific sections of the tandem lot development requirements
that are outdated and not applicable to current public service requirements and development patterns, and do not
reflect the existing practices for these types of development requests. Staff proposes to amend two chapters of
the UDC to clarify the definition and development requirements for tandem lots.
DISCUSSION
On March 22, 2010 the Planning Commission unanimously forwarded this request to the City Council with a
recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTERS 151:
DEFINITIONS AND 163.12: TANDEM LOT
DEVELOPMENT IN ORDER TO CLARIFY AND
UPDATE TANDEM LOT DEVELOPMENT
REQUIREMENTS WITH CURRENT PUBLIC SERVICE
REQUIREMENTS AND DEVELOPMENT PATTERNS.
WHEREAS, the City of Fayetteville definition of tandem lot development does not
clarify between a lot width variance and a tandem lot conditional use permit; and
WHEREAS, the City of Fayetteville tandem lot development requirements are not
consistent with current specifications for residential access, solid waste and emergency
response service; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
needs to be revised to permit accessory dwellings on tandem lots and clarify the findings and
requirements for tandem lot development to be consistent with the current requirements for
solid waste service and emergency response.
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
§151.01 Definitions of the Unified Development Code by repealing and replacing the definition
of Tandem lot as follows:
Tandem lot. (Zoning)A lot which has less than 50%of the required frontage on a public
street and which is located behind a lot or a portion of a lot which does have the required
frontage.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§163.12 Tandem Lot Development of the Unified Development Code and enacts a replacement
§163.12 as shown in Exhibit"A"attached hereto.
PASSED and APPROVED this the day of ,2010.
APPROVED:
By:
LIONELD JORDAN,Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT A
ADM 10-3529 UDC Ch. 163.12 Tandem Lot
Page 1 of 1
163.12 Tandem Lot Development
(A) Where allowed. Tandem lot development shall be permitted for a single-family dwelling and customary
accessory structure and/or dwelling unit only and shall be a conditional use in all districts where single-
family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be
prohibited.
(B) Findings. Before any conditional use for tandem lot development shall be granted, the Planning
Commission shall make the following findings:
(1) Tandem lot development will not be inconsistent with the size and development pattern in
comparison with other lots in the neighborhood and the underlying zoning district.
(2) The configuration of the property, existing surrounding development, and/or terrain of the area in
which the tandem lot is proposed is such that subdivision of said area into a standard block in
accordance with Development, Chapter 166 is not feasible.
(C)Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width
and specification, such as a vehicular turnaround, as determined by emergency response providers
in accordance with applicable local, state, and federal codes. The tandem lot owner shall be
responsible for maintaining said private drive so that emergency vehicles have safe access to the
dwelling located on the lot. Parking of vehicles in the designated private drive for emergency
vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual
private easement in, the private drive. If the private drive intersects a paved street,the private drive
shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the
driveway design standards in Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter
166 Street Design and Access Management Standards.
(3) The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area
requirements of the zoning district in which it is located, unless a variance is otherwise granted by
the Fayetteville Board of Adjustment.
(4) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20 (B). The designated
collection point shall be identified at the time the tandem lot is created, in coordination with the City
Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point
more than 12 hours before or after regular trash pickup in accordance with Chapter 50.20(B)
(5) Setback. Each tandem lot shall have a minimum building setback requirement of 15 feet from
all property lines unless a variance is granted by the Fayetteville Board of Adjustment.
Tayve ei i le
PC Meeting of March 22, 2010
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: N4afeh 16, Int 0 Updated March 23, 2010
ADM 10-3529: Administrative Item (UDC Amendment; Ch. 163.12 TANDEM LOT
DEVELOPMENT): Submitted by CITY PLANNING STAFF for revisions to Fayetteville
Unified Development Code Section 163.12, Tandem Lot Development. The proposed code
changes clarify and update tandem lot development requirements with current public service
requirements and development patterns. Planner: Andrew Garner
BACKGROUND
The Fayetteville Unified Development Code (UDC) chapter 151 defines a tandem lot as, "A lot
which does not have required frontage on a public street and which is located behind a lot or a
portion of a lot which does have frontage on a public street. ", and chapter 163.12 lists the
requirements for tandem lot development.
In an effort to update the UDC staff has identified specific sections of the tandem lot
development requirements that are outdated and not applicable to current public service
requirements and development patterns and do not reflect the existing practices for these types of
development requests.
PROPOSAL
The proposal before you is to amend two chapters of the UDC regarding to clarify the definition
and development requirements for tandem lots. These changes are summarized below and
attached in full to this staff report:
UDC Chapter Proposed Changes
(1) Ch.151 Definitions Revised the definition to clarify the difference between a
lot width variance that is heard by the Board of
Adjustment, and a tandem lot request that is heard as a
conditional use permit by the Planning Commission.
(2) Ch.163.12 Tandem Lot Revised and updated the findings and requirements for
Development tandem lot development to be consistent with current
public service requirements provided by the City including
solid waste and emergency response.
The ordinance amendments are highlighted and attached to the staff report.
RECOMMENDATION
Staff finds that in order to clarify the difference between a tandem lot and a lot width variance
request, and to be consistent with current specifications for residential access, solid waste and
emergency response service, the UDC needs to be revised as described in this staff report. Staff
has not recommended any changes to the basic requirement that tandem lot development be
allowed only as a conditional use permit for single family residences.
Staff recommends forwarding ADM 10-3529 to the City Council with a recommendation for
approval.
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Motion: Zant
Second: Cabe
Vote: 7-0-0
Meeting Date: March 22,2010
Comments:
ADM 10-3529 1
UDC REVISIONS FOR TANDEM LOT DEVELOPMENT
CHANGES SHOWN IN $To' Q'-/UNDERLINE/HIG:HLIGHT
Chapter 151 Definitions
T
Tandem lot. (Zoning) A lot which has less=than 50%:of ahe"dem,^ required
frontage on a public street and which is located behind a lot or a portion of a lot which does have
the'reauired frontage on a public street.
163.12 Tandem Lot Development
(A) Where allowed. Tandem lot development shall be permitted for a single-family dwellings and customary
accessory structure,antl/a`r.dwelling unit only and shall be a conditional use in all districts where single-
family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be
prohibited.
B Oar. ..ri.m�r.fo ...
O Q-Findinas Before any conditional use for tandem lot,development shall be granted, the
Planning Commission shall�!mat make the following fndinds:
(1) Tandem lot development will not
s be inconsistent w►thuthe size
and development"`pattern-in=�mparison With-other lots in the neighborhood and°the.uideTl01M
zoning`',district.
Gemmission shall Gen6idei:the size ef ReaFby !Gts in Gemparisen with the prepesed tand-P-M. 19-t A_.F
lets:
(2) The configuratiorn of rtR&properii existing surrounding,develo6 brit, and/or terrain of the area in
which the tandem lot is proposed is such that subdivision of said area into a standard block in
accordance with Development, Chapter 166 is not feasible.
(C) Requirements. Development of a,3:tantlem lot shall>be subject to`the.following regairemeits`s
k:UThe tandem lot will shall have access to a public street by way of a private drive with a minimum
width77 and specification such as:avehicular turnarountl as
federmicodesy eme`rgen'cy*response providers in zccordance,.with applicable local, =state,r.and
The tandem lot owner shall be responsible for maintaining said�=#eg# private drive
so that sahi -flea-ani emergency vehicles have safe access to the dwelling located on the lot.
Parking.of vehicles.uin,the .designated privatedrive..for-,emergency vehsle.:access shallnot....l;e
pemitted>The tandem lot owner shall have title to, or a perpetual private easement in, the private
drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum
11
distance of 25 X18 feet from said +ntersestien nght of Way in accordance.,with.the"driveyiray design
standards in Fayetteville.Unified Development 0661eChapter.172.
{4}; The ' id d stance between the private drive of a tandem lot and any adjacent driveway 3nri#1
shall not be less than the minimum distance between curb cuts in Favetteyille Unified Development
Code Chapter 166 Street Design.and Access ManagernenYStandartls. tie s�,. asfo.-�t��Gf
"3
( 3The tandem lot, excluding the Meet private drive,irti+ll shall conform to the minimum lot width and
lot area requirements of the zoning district in which it is located runless a vanance is9 otherwise
' ranted b th Fa,efteville: Board`,of Ad'ustment
`h
4 Solid waste sei lice for he#and``em lot shall be rouided b .cUstorr erg 'lacm .standard�esidentral
"arba"'e.casts pec> ln�`brns��and 'ar'd vuaste�at.'adesi n�a�ted�collection oint:on`�tras�htla.
accordanceu uGlt C:; ofd a ettev lle Code' of Orclirr n ec s�C.ha ter.50x20 B Th&M s aM
collecfion►.out's ale £entified,at the.fime' he.,tan m to wrs eatetl;in'coordinationwith S City
ADM 10-3529 2
UDC REVISIONS FOR TANDEM LOT DEVELOPMENT
CHANGES SHOWN IN NDERLINE/HIGHLIGHT
Solid Waste Division--Garbage carts rid recych - bins shall not.be placed at the collection " `nt
more than 12.'hours before;Ar.after regulartrash pickup in accordance with Chapter50:20 fB)'
�C Setback. Each tandem lot shall have a minimum building setback requirement of 461 5 feet from
all property lines + +'c �� + + ,.%+;,f' y pines unless a variance'is grantedLK,",ttie
Fayetteville Board of"Adjustment:'
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MM 2 6 2010
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May 3, 2010
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