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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: 's, w0 6X . �Y 6® G" ®. BY: �-- BY AYETTEVILLE® I ELD&�-N,Mayor SONDRA . SMITH, ity lerk/Trea�ureg �Z• 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:' ,tru.tu _... anW' � . . .t. . let,the p erty owmer,A.idW 7. enter ti whiGhWt.. leads. f . NORTHWEST ARKANSAS RECEIVED MM 2 6 2010 NEWSPAPERS= CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5313 May 3, 2010 Publication Charge : $ 185.30 Signed: Subscribed and sworn to before me ThisZ-L( day of V0 2010. Notary Public _ JOSHUA M LYNCH Notary PublIC-Arkansas Washington County My Commission Expires: My Commission Expires 10-28-2018 ��-Zcf- Commission # 12368414 Do not pay from Affidavit, an invoice will be sent