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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zone; and WHEREAS, Planning Staff recommends that these setbacks specific to the Hillside/Hilltop Overlay District be repealed so that all RMF-24 Districts have the same "build- to"zones and side and rear setbacks.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 qTQQFlQYPPfpg,yAv off` Y *FAYETTEVI LLE a �zm 5 o® / A®afAMAd(3b O-6eBGDOo Washington County,AR 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 ���trtirtntrrrrr�� Y�TR�'�s�'�� ° ,rt `U• e o FAYETTEVILLE: TotA GLa'' 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: ,i �I .4 J! I j i 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� 7, �PrFe.�iF''� cosi *: ��i�s ✓ �Zv **NOTE* Please do not pay from Affidavit. Invoice will be sent.