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
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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.
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7,777,
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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