Loading...
HomeMy WebLinkAboutOrdinance 5327 ORDINANCE NO. 5327 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE CHAPTER 151: DEFINITIONS AND §164.11(B) TO CLARIFY THE SIDE SETBACK REQUIREMENTS AND DEFINITION OF SINGLE FAMILY ATTACHED/TOWNHOUSE DWELLINGS. WHEREAS, the City of Fayetteville Unified Development Code currently has multiple definitions for attached single family dwellings, and WHEREAS, it would be beneficial to clarify the definition and the side building setback standards of single family attached dwelling units. 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 the Unified Development Code §15 1.01 by removing and repealing the definitions of: "Dwelling, rowhouse." "Dwelling, two-family." "Townhouse." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified Development Code Chapter 151 by enacting and adding the following definitions: "Dwelling, two-family/duplex. (Zoning) A detached residential building containing two dwelling units, designed for occupancy by not more than two families and located on one lot of record." "Dwelling, single-family attached / townhouse. (Zoning) Two or more dwelling units located on individual lots but joined along a single lot line. All such dwellings must be totally separated from other dwellings by a fire-resistant common wall." Page 2 Ordinance No. 5327 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified Development Code §164.11(B) by repealing it in its entirety and enacting a replacement (B) as follows: "§164.11(B) Side Setbacks. In zoning districts that permit two, three or other multi- family residential uses, side setbacks may be varied to permit common walls between single family attached / townhouse dwellings, subject to all applicable building and fire codes and the following standards: (1) The total number of dwelling units on the lot, prior to being subdivided into single family attached / townhouse lots, shall conform to the minimum bulk and area requirements of the underlying zoning district. (2) The townhouse development shall conform to the zoning district density, exterior setback requirements, height regulations and all other applicable city ordinances. (3) There shall be a minimum lot width of 18 feet for each dwelling unit. (4) There shall be no minimum lot area requirement unless otherwise specified by the underlying zoning district." PASSED and APPROVED this 1St day of June, 2010. APPROVED ATTEST: By: By: ���ttid/t.OtJ �h1 L OELD J rA AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer 1�111tl��ltJllllpy la o��` RrvTR�a��pv Y e FAYETTEVILLE.m • C,3 , Irk kAN ®�A GTOA°G® ��e� °a a aaaouaeabtlaa City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/1/2010 City Council Meeting Date Agenda Items Only Leif Olson Planning Development Services Submitted By Division Department Action Required: ADM 10-3561 (Townhouse-Duplex Clarification)Submitted by Development Services Staff to amend Chapter 151: Definitions and Chapter 164 Supplementary District Regulations to clarify the side setback requirements and definition of single family attached dwellings. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Diu lkz, Previous Ordinance or Resolution# Depart ent Di ctor Date Original Contract Date: /yI 41c, Original Contract Number: City A orney Dake Fi ce and Internal Services Director Date Received in City ENTERED Clerk's Office S -3 10 i0 Ch f of Sta Date E114'11 L Received in Mayor's Office —571, C< (e U Mayor D e Comments: THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS Ism 11111111 amil: plons! CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Directory From: Leif Olson, Associate Planner Date: Mayl2, 2010 Subject: Unified Development Code amendments to Chapters 151: Definitions and 164: Supplementary District Regulations PROPOSAL: The Development Services Division is bringing forward an ordinance to amend the Unified Development Code Chapter 151: Definitions and Chapter 164: Supplementary District Regulations to clarify the definition of, and development standards for, single family attached/townhouse dwelling units and two-family/duplex dwelling units. Currently, the code contains definitions for dwelling/rowhouse, dwelling/two family and townhouse. The intent is to remove ambiguity and redundancy between these various definitions. Additionally, staff proposes repealing the existing language in Chapter 164: Supplementary District Regulations §164.11(B) Side Setbacks as it relates to zero lot line and common wall development and replacing it with new language that requires applicable bulk and area requirements per the underlying zoning district for townhouse development. Planning staff worked with the Building Safety Division to ensure that the development standards proposed are consistent with applicable building codes. The Planning Commission reviewed this ordinance amendment at its May 10, 2010 meeting and forwarded it with a recommendation for approval to the City Council by vote of 7-0-0. RECOMMENDATION: The Development Services Division recommends approval of this ordinance. BUDGET IMPACT: No budget impact. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE CHAPTER 151: DEFINITIONS AND §164.11(B) TO CLARIFY THE SIDE SETBACK REQUIREMENTS AND DEFINITION OF SINGLE FAMILY ATTACHED/TOWNHOUSE DWELLINGS. WHEREAS, the City of Fayetteville Unified Development Code currently has multiple definitions for attached single family dwellings, and WHEREAS, it would be beneficial to clarify the definition and the side building setback standards of single family attached dwelling units. 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 the Unified Development Code §151.01 by removing and repealing the definitions of: "Dwelling, rowhouse." "Dwelling, two-family." "Townhouse." Section 2.That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified Development Code Chapter 151 by enacting and adding the following definitions: "Dwelling, two-family / duplex. (Zoning) A detached residential building containing two dwelling units, designed for occupancy by not more than two families and located on one lot of record." "Dwelling, single-family attached/townhouse. (Zoning) Two or more dwelling units located on individual lots but joined along a single lot line. All such dwellings must be totally separated from other dwellings by a fire-resistant common wall." Section 3.That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified Development Code §164.11(B)by repealing it in its entirety and replacing(B) as follows: "§164.11(B) Side Setbacks. In zoning districts that permit two, three or other multi-family residential uses, side setbacks may be varied to permit common walls between single family attached / townhouse dwellings, subject to all applicable building and fire codes and the following standards: (1)The total number of dwelling units on the lot,prior to being subdivided into single family attached / townhouse lots, shall conform to the minimum bulk and area requirements of the underlying zoning district. (2) The townhouse development shall conform to the zoning district density, exterior setback requirements,height regulations and all other applicable city ordinances. (3)There shall be a minimum lot width of 18 feet for each dwelling unit. (4) There shall be no minimum lot area requirement unless otherwise specified by the underlying zoning district." PASSED and APPROVED this day of , 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk avyet,,evi PC Meeting of May 10, 2010 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. R 72701 PLANNING DIVISION CORRESPONDENCE Tel 575-8267 TO: (479)575-826-826 7 TO: Fayetteville Planning Commission FROM: Leif Olson, Associate Planner THRU: Jeremy Pate, Development Services Director DATE: May 4, 2010 ADM 10-3561: Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch. 164 Supplementary District Regulations: Townhouse and Two-family Definitions): Submitted by CITY PLANNING STAFF to clarify the definition of, and development standards for, single family attached/townhouse dwelling units and two-family/duplex dwelling units. Planner: Leif Olson BACKGROUND Staff is bringing forward this ordinance in order to clarify the difference between townhouses and duplexes for the purposes of development. Currently, the code contains definitions for dwelling/rowhouse, dwelling/two-family and townhouse. The intent is to remove ambiguity and redundancy between these various definitions. Staff proposes removing the rowhouse and townhouse definitions and replacing these with an amendment to the existing dwelling, two-family/duplex definition and by adding a new dwelling, single-family attached/townhouse definition. Additionally, staff proposes repealing the existing language in Ch. 164.11(B) Side Setbacks as it relates to zero lot line and common wall development and replacing it with new language that requires applicable bulk and area requirements per the underlying zoning district for townhouse development. The attached exhibit contains all of the existing and proposed dwelling definitions located in the Unified Development Code. Definitions proposed to be removed are shown in strike-out and new definitions are shown in bold. PROPOSAL This proposal is to amend the Unified Development Code by adding Chapter 151: Definitions and Ch. 164: Supplementary District Regulations to clarify and correct definitions and development standards for townhouses and duplexes. The proposed changes to Ch. 151 and Ch. 164 are attached in full to this staff report. RECOMMENDATION Staff recommends that the Planning Commission forward ADM 10-3561 to the City Council with a recommendation for approval. Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Motion• l.J..�•�otJ Second• C Vote: 7- 0'0 Meeting Date: May 10, 2010 Comments: Chapter 151: Definitions Dwelling, live/work. A dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two employees that do not dwell in the principal or accessory dwelling unit. Dwelling, manufactured home. (Zoning) A detached residential dwelling unit designated for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connection to utilities, and the like. A travel trailer is not to be considered as a manufactured home. Dwelling, multi-family. (Zoning) A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. S< 77 : �pwellEg, s(ng7,e family attached 1 touvnhouse (Zoning)' Tuva ormore idwelling units located on �nd�v�t ual lots but;�oined along a single lot lines each'of wl Bch is fiotally'separaed by the other by„a fire rests#ant common wall. Dwelling, single-family. (Zoning) A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. Dwelling, two-family !duplex. (Zoning) A d'pia+ehed residential building containing two dwelling units, designed for occupancy by not more than two families and located dirt one:lo#of record:: Dwelling unit. (Zoning) One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. 164.11 Height or Setback Regulations; Exceptions (A) The height limitations contained in the Zoning Regulation, Chapter 161, do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to, be placed above the roof level and not intended for human occupancy. S . ............ xi. .,. "res . ,:: Y Oki a 7,777, A m B) Srde Sefbacks' In zoning dfstrldts,#hat permit two, threKiRg '04d e or other rn#alt� family res�dent�al4 uses, side setbacks may be varied to permEt-:common rtualls befinreen sxngl+e farnYly aftached l townhouse dwellings; subject=to all„applicable bui drag and'fire codesand the:folivwing standards:; (1}�`1"he total number of dwellirrg units:on the lot, prior to bung subdirr�ded Nn„tQ s�n`gle family attached / fiownhouse:lots, shall conform to the m�,nE�nu�xr� bulk ad'area reyuarernents of the underlying zor�ng<tlstr�ct (Z10”, he townhouse development shall con#arm to the zoning , r J, c ertstty, � � ,0, fi,K,L or setback, requ�r,.ements, .he�glit regulations and,a�N other appl cables city ordNnancee;; 3 :For eachndiu�dual dwelling'unit;there shall,lie a mm�rrium lot width ofiw18 ) < feet ( ) There shall be no rn�n1mum lot area: unless otl�erw�se specaed by the underlying zoning district: RECEIVED JUN 24 2010 CITY OF FAYETTEVILLE NORTHWESTARKANSAS CITY CLERK'S OFFICE NEWSPAPERS-Lc 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 5327 June 10, 2010 Publication Charge : $ 110.25 Signed: -w -------- Subscribed and sworn to before me This ISday of j j_z , 2010. Notary Public Jim Mears Washington County Commission Number 12374647 My Commission Expires: Notary Public-Arkansas My Commission Expires Jan.20,2020 Do not pay from Affidavit, an invoice will be sent ORDINANCE.1Y0.5327 ' AN,ORDINANCE AMENDING TITLE XV:=UNIFIED �: • DEVELOPMENT CODE OF THE CITY OF FAY ,V CHAPTER 151 DFINiTIONS AND, ' Py , REQUIREMEN S ANDI DEFINITION OF SINGLE FANIILYATTACHEDGTOWNHOUSEDWELLINGS. ARKANSAS WHEREAS,the,Cltyof FayetteVilleUnfiedDevelopment z, Codi`currenty Lias multiple.defin tto�t for attached single family d ellings ands. � WHEREAS,it would be beneficial to clarify the definition and the side building setback stan- dards of single family attached dwelling units NOWT,FHEREFO,RE BE IT'OftDAINED IBY THE CITY COUNCIL OF THE CI Y OF FkVETTEVILLEj AAONikS',' Section is That the City Council of the City of Fayetteville Arkansas hereby amends the Unified Development Code§151 01 by removing and repealingihe definitions of Dwellirg,tpwhou'se t "Dwelling,two-family.," 'Townhouse." Section 2 jfmt the City Counc(I of the City of Fayettevlll`;Arkansas hereby amends the lJnified Development Code Chapter 1,61 by enacting and adding the folloWhg definitions, "Dwelling,two-family/duplex.{Zoning)A detached residential building containing two dwell; ing units,designed for occupancy by not more than two families and located on one lot of record. C x ` s pwelling,single-faintly attached/townhouee.(toning)Two o`r mo're dwelling unds located-;on individual lots butjoined along asingle lot line.All such dwellings.must be totally separated from other dwellings by afire resistant common wall Section at the pity Courieil ofb City of Fayetteville Arkansas hereby amends the Unifed Deveiopnient Code'§184.11(B)�by repealing itAn ds entirety and'a5acting a replace'rnent:(B) as follows §164,11(13)Side,Setbacks. In zoning districts that pem rmit two;'three or,other multi-family residential uses °side setbacks'may be vaned to permd comon wells b@twean single family, attached/townhouse dwellings,subject to all applicable building and fire codes and'the fbi= lowing standards: ` (1)Thetotal number ofiiwelling,upits;onsthe,lot„pdor,to.peiFlgzri7bdril'ded into single family attached/townhouse lots,shall conform to the minimum bulk and area requirements of the under),ing zoning distnot k (2)Thito"winhouse deVeloprhdnt shall conform to the"toning dist 9ct density exterior setbecfC requirements,height regulations and allyotner applicable city o"rdmances (3)There shall kie,a`rnirnfnu n51, 8 feet forech dwellmgunit, . (4)There shall be no minimum lot area regwremept unless otherwise specifiedby the underly- ing zoning distract PASSED and APPROVED this 1st day OfJune;2010. APPROVED ` ATTEST: gy: - LIQNELD JORDAN„Mayor ,S0NDRA E SMIT I City CIerWTreasurer