HomeMy WebLinkAboutOrdinance 5495 i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii
Doc ID: 014582300001 Type: REL
Kind: ORDINANCE
Recorded: 05/09/2012 at 12:45:45 PM
Fee Amt: $15.00 Paoe 1 of i
Washinaton Countv. AR
Bette Stamps Circuit Clerk i (�
Fi1e012-00013219
ORDINANCE NO. 5495
AN ORDINANCE TO AMEND §161.14 DISTRICT RMF-24 BY REPEALING
THE SEPARATE SETBACKS FOR MULTI-FAMILY STRUCTURES BUILT
WITHIN THE HILLSIDE/HILLTOP OVERLAY DISTRICT
WHEREAS, Ordinance No. 5262 passed by the City Council on August 4, 2009 changed
multi-family setbacks to a 10-25 build-to zone to require buildings to be moved closer to street,
but failed to repeal the Hillside/Hilltop Overlay District's setbacks which did not include this
build-to zone; and
WHEREAS, Planning Staff recommends that these setbacks specific to the
Hillside/Hilltop Overlay District be repealed so that all RMF-24 Districts have the same "build-
to"zones and side and rear setbacks.
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 amends
§161.14 of the U.D.C. by repealing the Hillside/Hilltop Overlay District setback requirements
within §161.14 (E).
PASSED and APPROVED this 17'h day of April, 2012.
APPROVED: ATTEST:
r
B ..._ By:
101NELD RD , Mayor SONDRA E. SMITH, City Clerk/Treasur
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I certify this instrument was filed on
05/09/2012 12:45:45 PM
and recorded in Real Estate
File Number 2012-00013219
Bette Stamps- Circuit Clerk
by °�
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/3/2012
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
ADM 12-4085: (Chapter 161 Zoning Regulations/RMF-24 Setbacks): Submitted by City Planning Staff. The proposal
is to amend Chapter 161 Zoning regulations, repealing the Hillside/Hilltop Overlay District setbacks in the RMF-24
zoning district.
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
o3ffioaI1, Previous Ordinance or Resolution#
DepartmentUre or Date
Original Contract Date:
ZOt Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in Citi 3-15— 12 P03: 01 R CV D
Clerk's Office
Ahk–,, 3-/9 i;1--
4—
Chie of St ff, Date
C Received in
Mayor's Office
M or WDa
Comments:
Revised January 15,2009
City Council Meeting of April 3, 2012
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Jeremy C. Pate, Development Services DirectorUl
Date: March 15, 2012
Subject: UDC Chapter 161 Zoning Regulations (ADM 12-4085)
RECOMMENDATION
Planning staff recommends approval of an ordinance amending Chapter 161 Zoning
Regulations, removing the Hillside/Hilltop Overlay District (HHOD) setbacks from Section
(E) of the Residential Multi-Family, 24 Units Per Acre (RMF-24) zoning district, as was
originally intended with Ordinance No. 5262.
BACKGROUND
In 2009 the City Council adopted Ordinance No. 5262, replacing a 10 foot front building
setback with a 10-25 foot build-to zone for all of the residential multi-family zoning districts.
This change was a extension of the Urban Residential Design Standards that were adopted for
multi-family developments a few months prior. A unique feature of the RMF-24 zoning
district was that it contained a separate setback section for property in the HHOD. It was
staff's intent to also amend this section of the code. However, the draft ordinance did not
make specific mention of this code section and therefore it was not amended.
DISCUSSION
A multi-family project within the HHOD has not been proposed since the setback
amendment was adopted, until now. Staff is currently reviewing a multi-family development
that will be negatively impacted by the current HHOD setback requirement of 15'. In keeping
with the intent of the HHOD, which is to move buildings closer to the street and maintain
canopy at the rear of the property, and the purpose of Urban Residential Design standards,
which is to also move buildings closer to the street, the RMF-24 setback requirements for
property in the HHOD should be removed at this time. All other multi-family districts
already follow this recommended standard, and do not have a separate HHOD building
setback.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO AMEND §161.14 DISTRICT RMF-24 BY REPEALING THE
SEPARATE SETBACKS FOR MULTI-FAMILY STRUCTURES BUILT WITHIN THE
HILLSIDE/HILLTOP OVERLAY DISTRICT
WHEREAS, Ordinance No. 5262 passed by the City Council on August 4, 2009 changed
multi-family setbacks to a 10-25 build-to zone to require buildings to be moved closer to street,
but failed to repeal the Hillside/Hilltop Overlay District's setbacks which did not include this
build-to zone; and
WHEREAS, Planning Staff recommends that these setbacks specific to the
Hillside/Hilltop Overlay District be repealed so that all RMF-24 Districts have the same
"build-to"zones and side and rear setbacks.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends
§161.14 of the U.D.C. by repealing the Hillside/Hilltop Overlay District setback requirements
within §161.14 (E).
PASSED and APPROVED this 3rd day of April, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Two-family 7,000 sq.ft.
161.14 District RMF-24, Residential Multi- Three or more 9,000 sq.ft.
Family—Twenty-Four Units Per Acre Fraternity or Sorority 2 acres
Professional offices 1 acres
(A) Purpose. The RMF-24 Multi-family Residential
District is designed to permit and encourage the (3) Land area per dwelling unit.
developing of a variety of dwelling types in
suitable environments in a variety of densities. Manufactured home 3,000 sq.ft.
(B) Uses. Apartments:
No bedroom 1,700 sq.ft.
(1) Permitted uses. One bedroom 1,700 sq.ft.
Two bedroom 2,000 sq.ft.
Unit 1 City-wide uses by right Fraternity or Sorority 1 1,000 sq.ft. per resident
Unit 8 Single-family dwellings (E) Setback requirements.
Unit 9 Two-familydwellings
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings Front Side Rear
Unit 44 Cottage Housing Development The principal 8 ft. 25 ft.
facade of a
(2) Conditional uses. building shall
be built within
Unit 2 City-wide uses by conditional use a build-to
permit zone that is
Unit 3 Public protection and utility facilities located
Unit 4 Cultural and recreational facilities between 10
Unit 5 Government facilities feet and a line
Unit 11 Manufactured home park 25 feet from
Unit 12 Limited business the front
Unit 25 Professional offices property line.
Unit 24 Home occupations Fron ar
Unit 36 Wireless communications facilities `
(C) Density. Cross reference(s)--Variance,Ch. 156.
Units per acre 24 or less (F) Building height regulations.
(D) Bulk and area regulations. Building Height Maximum I 60ft.
(1) Lot width minimum. Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any
Manufactured home park 100 ft. side boundary line of an adjacent single family
district, an additional distance of one foot for
Lot within a 50 ft. each foot of height in excess of 20 feet.
Manufactured home park
Single-family 60 ft. (G) Building area. None.
Two-family 60 ft.
Three or more 90 ft. (H) Minimum buildable street frontage. 50% of the
Professional offices 100 ft. lot width.
(2) Lot area minimum. (Code 1965, App. A.,Art. 5(111); Ord. No. 2320,4-6-77; Ord.
No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-
Manufactured home park 3 acres 07; Ord.5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-
Lot within a mobile home 4,200 sq.ft. 09;Ord.5312,4-20-10;Ord.5462, 12-6-11)
park
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 16,000 sq.ft.
CD161:12
ORDINANCE NO. 5262
AN ORDINANCE AMENDING CHAPTERS 161 ZONING REGULATIONS AND 166
DEVELOPMENT OF THE UNIFIED DEVELOPMENT CODE TO CHANGE
BUILDING FORM AND PLACEMENT STANDARDS FOR URBAN RESIDENTIAL
DEVELOPMENT.
WHEREAS, the City of Fayetteville adopted Urban Residential Design Standards on March 18,
2008 to provide safe, pedestrian-friendly neighborhoods and minimize parking impacts in order to
preserve surrounding property values and scenic resources;and
WHEREAS,the City of Fayetteville recognizes that the existing ordinance does not always
result in the desired traditional neighborhood form,resulting in a development form that may be contrary
to the intent of the design standards;and
WHEREAS, the proposed amendments will result in an ordinance that is more consistent with
the original goals and those goals of City Plan 2025.
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
§161.10(E), §161.11(E),§162.12(E), §162.13(E), §162.14(E),and§162.15(E)Setback requirements,by
replacing the 10'front setback with a 10-25' build-to zone described as follows: .
"The principal fagade of a building shall be built within a build-to zone that is located between 10
feet and a line 25 feet from the front property line."
Section 2. That the City Council of the City of Fayetteville,Arkansas,hereby amends§161.10,
§16 1.11, §162.12,§162.13, §162.14,and §162.15 to add subsection"(H)Minimum buildable street
frontage. 50%of the lot width."
Section 3. That the City Council of the City of Fayetteville,Arkansas,hereby amends§161.10,.
§16 1.11, §162.12,§162.13, §162.14,and§162.15 to add subsection"(I)Parking regulations. No parking
lots are allowed to be located in the front or side build-to zone facing a public right-of-way."
Page 2
Ordinance 5262
Section 4. That the City Council of the City of Fayetteville,Arkansas,hereby repeals §166.23 of
the Unified Development Code in its entirety and enacts a replacement§166.23 as shown on Exhibit"A."
PASSED and APPROVED this 4`b day of August,2009.
APPROVED: ATTEST:
�I&E-L-01OOKN,Mayor SO E.SMITH,CityClift/Treasurer
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City Council Meeting of August 4,2009 j
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr,Chief of Staff
From: Jeremy C.Pate,Development Services Director ]
Date: July 15,2009
Subject: UDC Chapter 161 Zoning Regulations and 166.23 Urban Residential Design
Standards(ADM 09-3332)
RECOMMENDATION
Planning staff and the Planning Commission recommend approval of an ordinance amending
Chapter 166 Development and 166.23 Urban Residential Design Standards, to clarify the
permitted location of parking lots and to ensure that some of the buildings in a development
front existing and new public streets. In addition, staff has included standards for individual
curb-cuts and simplified the building construction and design standards (see Exhibit "A"
attached).
BACKGROUND
The City of Fayetteville City Council adopted Urban Residential Design Standards on March
18, 2008. These standards were a benchmark of City Plan 2025 and were adopted so that
future urban residential developments would enhance the image of the City of Fayetteville,
provide safe, pedestrian-friendly neighborhoods and minimize parking impacts in order to
preserve surrounding property values and scenic resources.
DISCUSSION
.Urban Residential Design Standards have been applied to several projects since adoption,
resulting in residential projects that meet the intent of the ordinance. However,Planning staff
has realized that the parking lot and building location standards do not always result in the
desired traditional town form. The current ordinance states that all buildings must be located
within a building setback line of 10' and 25' from the public right-of--way,unless the building .
is located at least 50' from the right-of-way, and for parking lots to be located outside of the
build-to zone. These standards allow the buildings to be setback 50' and for parking to be
constructed between the buildings and the public street. This design style is contradictory to
the intent of the design standards and the City's adopted policies by allowing for the
conventional "complex" form associated with larger developments that separate the I
development from the neighborhood instead of integrating into the existing neighborhood I�
fabric.
BUDGETIMPACT
None.
i
.1e Vi PC Meeting of July 13, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE Fayetteville, 72701
Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate,Development Services Director
DATE: 3u}y-%-2083 Updated,July 16, 2009
ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by City
Planning Staff. The request is to amend Chapters 161 Zoning Regulations and 166.23 Urban Ij
Residential Design Standards in order to clarify parking lot location standards. �I
Planner:Jesse Fulcher
i
BACKGROUND
The City of Fayetteville City Council adopted Urban Residential Design Standards on March 18,
2008. These standards were a benchmark of City Pian 2025 and were adopted so that future
urban.residential developments would enhance the image of the City of Fayetteville, provide
safe, pedestrian-friendly neighborhoods and minimize parking impacts in order to preserve
surrounding property values and scenic resources.
Urban Residential Design Standards have been applied to several projects since adoption,
resulting in residential projects that meet the intent of the ordinance. However, Planning Staff
has realized that the parking lot and building location standards are too flexible. The current
ordinance states that all buildings must be located within a building setback line of 10' and 25'
from the public right-of-way, unless the building is located at least 50' from the right-of-way,
and for parking lots to be located outside of the build-to zone. These standards allow the
buildings to be setback 50' and for parking to be constructed between the buildings and the
public street. This design style is contradictory to the intent of the design standards and the
City's adopted policies by allowing for the conventional form associated with larger i
developments that separates the development from the neighborhood instead of integrating into
the existing neighborhood fabric.
jj
PROPOSAL It
Planning staff recommends amending Chapter 166.23, and consegently Chapter 161, to clarify
the permitted location of parking lots and to ensure that some of the buildings in a development
front existing and new public streets. In addition, staff has included standards for individual
curb-cuts and simplified the building construction and design standards (see Exhibit "A"
attached). j
:j
To clarify the parking and building location standards for urban residential projects, staff is I
proposing to adopt a build-to zone.and a minimum buildable street frontage percentage, as
E
currently applied to the downtown zoning districts. The build-to zone is proposed to 10-25',
which is the same standard as the City has today. Staff is recommending a minimum building
street frontage of 50%of the lot width. These new standards would be applied to all Residential
Multi-family zoning districts, including RT-12, and would be inserted into Chapter 161 in each
zoning district. Removing the building setback line from Chapter 166.23 will also create
consistency between zoning districts, since all setbacks are currently listed in Chapter 161. As
currently adopted,variances from the build-to zone in Chapter 161 are reviewed by the Board of
Adjustment, and variances from the build-to line in Chapter 166 are reviewed by the Planning
Commission,under different standards. This change will also prohibit parking lots within 25' of
the right-of-way line and require at least 50%of the lot frontage to be developed with buildings.
These changes, in staffs opinion, will provide standards for urban residential projects that
enhance the image of the City of Fayetteville, provide safe, pedestrian-friendly neighborhoods
and minimize parking impacts in order to preserve surrounding property values and scenic
resources.
RECOMMENDATION
Planning Staff recommends forwarding ADM 09-3332 to the City Council with a
recommendation for approval.
Planning Commission Action: Forwarded O Denied 13 Tabled
Motion: Winston
Second: Cabe ,
Vote: 7-0-0
Meeting Date: July 13,2009
Comments:
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NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
SPAPE LLC NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION RECEIVED
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the APR 3 0 2012
Northwest Arkansas Newspapers, LLC, printed and published in OILY OF FAYETTEVILLE
Washington and Benton County, Arkansas, bona fide circulation, CITY CLERK'S OFFICE
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5495
r-£, ORDINANCE NO 5495
Was inserted in the Regular Editions on:
g AJJ ORDINANCE TO,� oPISTRIOT
April 26 2012 -RMF 24 BY REPEALING THE SEPARATE SETBA� S I
p ' FOR MULTI:FAMILY STRUCTURES BUILT WITHIN �� P• P �
THE HILLSIDE/H LLTOP OVERASFDISTRICT �j V
-kij VEA Ordinanbe NO 5262 p ssed.by the'City r ARKANSAS�
Council on Augylst 4j2Q09 changed multi family set
backs to a 1D 25 build to zoneo rec(uire buildintogs be moved closer to sheet bit failed'
Publication Charges: $ 58.36 tb repe€>I the 1iJletdefF{(I�top Ovgrlay Di tt ct s s tbacJcs wh h tlidxnpt include this bpil into
zone,and
WHEREAS,;Plan ng,Staff recbMftr ds khat these-.setbacks specific`=Y"A 6HIIIsi'6 illtop'"
Overlay btstrctbe repealed so that all RMF-24,Distnets have the ame build-.....t zones an
`side and teaFgsetbacks�, ` �" n
.NOW..THEREFORE=�E R?ORDAINED-BY THE CITY;000NCIL.°OF THSCITY OFA;
*YETTEVILLE ARK{NSAS
Seddon 1 That the Clty Couhcii of tte C(ty of Fayetteville Arkansas hereby`amends§T61".1 4
47 the U OZ',by repealing tha,,,Hilis!6/Hliltop Overlay District setpack.,requiremen s within
PASSED and APPRO�IED this 17th day.of April 2012 °
;APPROVE: z f ATTEST
tIONt=LD JORDAN Mayor SONDRA E SMITH,City Clerklfreasurer
Karen Caler
Subscribed and sworn to before me
This Z(o day of O ' 2012.
L"44�, uo�'L
Notary Public
My Commission Expires: -2-fu (So I�
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**NOTE*
Please do not pay from Affidavit. Invoice will be sent.
