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HomeMy WebLinkAboutORDINANCE 5866d� yarerf{ L rr 0 "4, Mix HS%S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5866 File Number: 2016-0151 ADM 16-5340 (UDC CHAPTER 164.19 AMENDMENTS): AN ORDINANCE TO AMEND THE DEFINITION OF ACCESSORY DWELLING UNIT IN § 151.01 AND TO AMEND PORTIONS OF § 164.19 ACCESSORY DWELLING UNITS TO REMOVE LOT SIZE REQUIREMENTS, INCREASE THE ALLOWED SIZE FROM 600 SQUARE FEET TO 950 SQUARE FEET AND MAKE OTHER CHANGES WHEREAS, Alderman Matthew Petty worked with Planning Staff to make changes to § 164.19 Accessory Dwelling Units to eliminate lot size requirements and allow these houses increase in size; and WHEREAS, the Planning Commission recommended a further size increase to 950 square feet from the existing 600 square feet current limit and recommended the other changes supported by Planning Staff and Alderman Petty. 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 the current definition of Accessory Dwelling Unit in its entirety and enacting a replacement definition as shown below: "Accessory Dwelling unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.19 Accessory Dwelling Units (ADD) of the Unified Development Code in the following ways: (1) Repeal in its entirety (B) (3) and renumber remaining subsections. Page 1 Printed on 416116 File Number.' 2016-0151 Ordinance: 5866 (2) Repeal in its entirety (C) and re -letter remaining subsections. (3) Amend (D) (1) by repealing its first sentence and enacting the following as the new (C) (1)'s first sentence: "The accessory dwelling unit shall not be greater than 950 square feet of habitable space." (4) Repeal in its entirety (D) (2) and enact the following as (C) (2): "(2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density limits." (5) Amend (D) (7) by replacing "shall" with "should" and adding "if so" in front of "shall be metered separately from the principal residence." (6) Amend (D) (8) by adding the following sentence: "A resident of one of the two dwelling units must provide proof of ownership if requested by the Planning Division." (7) Repeal (D) (10) in its entirety and renumber the remaining sections. (8) Amend (E)'s introductory words by repealing the current wording and replacing it as follows: "(D) Site Plan Requirements. Detailed site plans are required to be submitted for review with the following information:" (9) Amend (G) which has been re -lettered to (F) by repealing the second to last sentence. (10) Amend (H) (1) which has been re -lettered to (G) (1) by repealing its last senten `�• .;��� Y•�F SG��' FAYETTEVILLE; PASSED and APPROVED on 4/5/2016 Co ��..'GTDA..+` Attest: '�rru i u�►�`k Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 416116 EXHIBIT'A' ADM 16-5340 Proposed Code Changes Clean Version (Planning Commission Recommendation) CHAPTER 151: DEFINITIONS Accessory Dwelling unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single- family structure. EXHIBIT'A' ADM 16-5340 Proposed Code Changes Clean Version (Planning Commission Recommendation) 164.19 Accessory Dwelling Units (ADU) located above garage space shall be permitted so long as they meet the height (A) Purpose. The purpose of the accessory dwelling requirement herein. unit ordinance is to authorize accessory dwelling units in certain zoning districts on lots already (2) Zoning. The accessory dwelling unit shall developed or that will be developed concurrently comply with the required building area and with single-family dwellings. setbacks but shall be exempt from the density requirements of the underlying zoning district (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with the principal dwelling unit through architectural use of building forms, height, construction materials, and colors. (2) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (3) A two-story accessory dwelling unit should generally limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard should be minimized. The design of the accessory unit should relate to the design of the principal residence and not visually dominate it or the surrounding properties. (4) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms. (5) The site plan should incorporate low impact storm water mitigation techniques, such as cisterns, rain barrels, permeable pavers, rain gardens, indigenous plants and landscape berms. (C) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (1) Maximum Square Feet and Number of Bedrooms. The accessory dwelling unit shall not be greater than 950 square feet of habitable space with a maximum of one bedroom. Detached accessory dwelling units (3) Parking. One parking space shall be provided on -site for each accessory dwelling unit. Required parking for the accessory dwelling unit is in addition to the required parking for the principal dwelling unit. On -street parking may be counted towards the total parking requirement where it is allowed in the public right-of-way adjacent to the subject property. (4) Existing Development on Lot. A single-family dwelling shall exist on the lot or shall be constructed in conjunction with the accessory dwelling unit No building permit shall be issued until this requirement is satisfied (5) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one accessory dwelling unit shall be permitted for each lot. (6) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the City of Fayetteville Uniform Building Code. (7) Water and Sewer. Water and sewer service for the accessory dwelling unit should be connected directly to the public water and sewer system, where reasonably accessible in accordance with all applicable regulations, and if so shall be metered separately from the principal residence. (8) Occupancy The property owner must permanently occupy either the principal or accessory dwelling unit. A resident of one of the two dwelling units must provide proof of ownership if requested by the Planning Division, upon receipt of a complaint (9) Maximum Occupancy of the Accessory Dwelling Unit A maximum of two persons shall reside in an accessory dwelling unit. (10) Tree Preservation. To protect existing tree canopy to the greatest extent possible, prior to application for an accessory dwelling unit, the applicant shall consult with the Urban Forester, to prepare a site plan illustrating the location of all significant trees. All significant trees on the property shall be adequately protected during construction Any proposed removal of significant trees on the site will require the following of the property owner: EXHIBIT'A' ADM 16-5340 Proposed Code Changes Clean Version (Planning Commission Recommendation) (a) The applicant must show that the removal of a significant tree or trees is necessary in order to locate the accessory dwelling unit on the lot and also meet all contributing location requirements such as building setbacks, utility or drainage easements, topography, etc. (b) For every significant tree removed the property owner shall replace said tree with a total of two (2) two-inch caliper large species shade trees from the list of approved tree species in a location deemed appropriate by the Urban Forester. (c) Should the Urban Forester find justifiable cause to determine a significant tree or trees were removed in an attempt to thwart the intent of this ordinance prior to application for an accessory dwelling unit, the application shall not be approved administratively (11) Building Height and Stories. (a) A one-story detached accessory dwelling unit shall be a maximum of 20 feet in height to the roof peak measured from the existing adjacent grade. (b) A detached accessory dwelling unit above one story shall be a maximum of 25 feet in height to the roof peak measured from the existing adjacent grade. (c) An attached accessory dwelling unit may occupy a first or second story of a principal dwelling unit and shall not in any instance be taller than the roof line of the principal dwelling unit (12) Building Design. The architectural design of the accessory dwelling unit shall relate to the design of the principal dwelling by the use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The following materials must be submitted for review of an application: (a) A material sample board indicating type of materials and colors to be used on the exterior of the building. (b) An architectural elevation drawing of all sides of the proposed structure. (c) Images or architectural elevations of the principal dwelling unit. (D) Site Plan Requirements. Detailed site plans are required to be submitted for review with the following information: (1) Scale no smaller than 1" = 30' (one inch equals thirty feet) (2) A north arrow (3) Property lines (4) Locations and dimensions of all rights -of -way, utility, drainage and tree preservation easements, and building setbacks (5) All existing and proposed structures with accompanying uses (6) Size of parcel in square feet or acres. (7) Size of all existing and proposed structures in square feet (8) Name of the applicant or property owner, plan preparer, project name and project address in a title block (9) Pertinent special features such as drainage features, berms, fences, and retaining walls (10) Parking areas, including driveways, with paving materials and dimensions (11) A landscape plan showing the location of all proposed landscaping, size of plant materials and species (12)Tree protection plan including all significant trees and protection measures (E) Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Washington County Clerk's Office a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: (1) The accessory dwelling unit shall not be sold separately from the principal residence (2) The accessory unit is restricted to the approved size. (3) The property owner shall at all times reside on the property. (4) The above restrictions are binding upon any successor in ownership of the property and shall run with the property. EXHIBIT'A' ADM 16-5340 Proposed Code Changes Clean Version (Planning Commission Recommendation) (F) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements for size (square feet), height, and materials for an accessory dwelling unit, where unique circumstances exist and the effect will not adversely affect adjoining or neighboring property owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (G) Existing Detached Second (Accessory) Dwelling Units (1) Conforming Units. Existing detached second dwelling units approved by the Planning Commission by conditional use and constructed shall be considered a legal conforming accessory dwelling on the property (2) Nonconforming Units Existing detached second dwelling units that were not approved by the Planning Commission shall be considered nonconforming. An application for administrative approval may be made to convert an existing nonconforming detached second dwelling unit to a conforming legal detached second dwelling unit, where the existing unit can meet the requirements herein. Where an existing nonconforming second dwelling unit exists as of the date of the adoption of this ordinance that cannot meet the requirements herein, the applicant may apply for a variance of the requirements stated. (H) Non -Conforming Structures. Non -conforming structures may not be converted into an accessory dwelling unit unless a variance has been granted by the Board of Adjustment (1) If the property owner no longer resides on the property, the owner shall remove the cooking facilities from the Accessory Dwelling Unit or the City shall turn off water service to the Accessory Dwelling Unit. (J) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent of the law. (Ord. 5128, 4-15-08) 113 West Mountain Street City of Fayetteville, Arkansas Fayetteville, AR 72701 (479) 575-8323 Text File r File Number: 2016-0151 Agenda Date: 4/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 7 ADM 16-5340 (UDC CHAPTER 164.19 AMENDMENTS): AN ORDINANCE TO AMEND THE DEFINITION OF ACCESSORY DWELLING UNIT IN § 151.01 AND TO AMEND PORTIONS OF § 164.19 ACCESSORY DWELLING UNITS TO REMOVE LOT SIZE REQUIREMENTS, INCREASE THE ALLOWED SIZE FROM 600 SQUARE FEET TO 950 SQUARE FEET AND MAKE OTHER CHANGES WHEREAS, Alderman Matthew Petty worked with Planning Staff to make changes to § 164.19 Accessory Dwelling Units to eliminate lot size requirements and allow these houses increase in size; and WHEREAS, the Planning Commission recommended a further size increase to 950 square feet from the existing 600 square feet current limit and recommended the other changes supported by Planning Staff and Alderman Petty. 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 the current definition of Accessory Dwelling Unit in its entirety and enacting a replacement definition as shown below: "Accessory Dwelling unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.19 Accessory Dwelling Units (ADD) of the Unified Development Code in the following ways: (1) Repeal in its entirety (B) (3) and renumber remaining subsections. (2) Repeal in its entirety (C) and re -letter remaining subsections. (3) Amend (D) (1) by repealing its first sentence and enacting the following as the new (C) (1)'s first sentence: "The accessory dwelling unit shall not be greater than 950 square feet of habitable space." City of Fayetteville, Arkansas Page 1 Printed on 4/6/2016 File Number: 2016-0151 (4) Repeal in its entirety (D) (2) and enact the following as (C) (2): "(2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density limits." (5) Amend (D) (7) by replacing "shall" with "should" and adding "if so" in front of "shall be metered separately from the principal residence." (6) Amend (D) (8) by adding the following sentence: "A resident of one of the two dwelling units must provide proof of ownership if requested by the Planning Division." (7) Repeal (D) (10) in its entirety and renumber the remaining sections. (8) Amend (E)'s introductory words by repealing the current wording and replacing it as follows: "(D) Site Plan Requirements. Detailed site plans are required to be submitted for review with the following information:" (9) Amend (G) which has been re -lettered to (F) by repealing the second to last sentence. (10) Amend (H) (1) which has been re -lettered to (G) (1) by repealing its last sentence. City of Fayetteville, Arkansas Page 2 Printed on 41612016 City of Fayetteville Staff Review Form 2016-0151 Legistar File ID 4/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 3/18/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: ADM 16-5340 Administrative Item (UDC CHAPTER 164.19 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapter 164.19 (Accessory Dwelling Units) of the Fayetteville City Code. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 CITY OF Tay r. le ARKANSAS MEETING OF APRIL 5, 2016 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: March 18, 2016 SUBJECT: ADM 16-5340 Administrative Item (UDC CHAPTER 164.19 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapter 164.19 (Accessory Dwelling Units) of the Fayetteville City Code. RECOMMENDATION: The Planning Commission and Alderman Petty recommend approval to amend UDC Chapter 164.19 Accessory Dwelling Units. The City Planning Division staff ecommends in favor of all of the proposed changes except for one as described below. BACKGROUND: Alderman Matthew Petty recently discussed with City staff a desire to remove the 5,000 square feet minimum requirement for Accessory Dwelling Units (ADU) in the Fayetteville Unified Development Code (UDC). After reviewing Alderman Petty's requested code change, there were additional related minor code changes that staff recommended for clarification, or to simply remove an unnecessary requirement. This item was discussed at the February 22, 2016 Planning Commission meeting where it was tabled. The commission requested staff to evaluate several of the primary elements in the Accessory Dwelling Unit (ADU) ordinance including limitations on building height and size. These topics were fully discussed internally within the City Planning Division. After further review and research on the topic staff recommended additional changes to the proposed amendment including increasing the allowable size of an ADU to 800 sq. ft. On March 14, 2016 the Planning Commission recommended an additional increase in the allowable size of an ADU to 950 sq. ft. The Planning Commission recommended changes are shown in attached Exhibit 'A'. City Planning Division staff recommends in favor of the following primary elements of the proposed code changes: ■ Add a definition of ADU to UDC 151. ■ Remove the 5,000 sq. ft. per lot limitation. ■ Remove the requirement for separate water and sewer connections for ADUs. ■ Remove the requirement to register ADUs annually with the Planning Division. ■ Minor clarification and administrative changes. Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 City Planning Division staff does not recommend the following proposed change: ■ Increase the maximum square footage from 600 to 950 sq. ft. Staff does not recommend increasing the square footage any larger than 800 sq. ft. The background and intent behind these proposed code changes are discussed in the attached Planning Commission memo, and research and comparison of other cities' ADU ordinances are also included for further review. DISCUSSION: On March 14, 2016 the Planning Commission made two motions on this item as follows: Motion # 1: Commissioner Hoskins made a motion to amend ADM 16-5340 to increase the square footage from 800 to 950 sq. ft. for an ADU. Commissioner Autry seconded the motion. The motion passed with a vote of 6-2-0 (Commissioners Brown and Cook voted `No'). Motion # 2: Commissioner Hoskins made a motion to forward ADM 16-5340 to the City Council with recommendation of approval. Commissioner Hoffman seconded the motion. The motion passed with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit `A' - Planning Commission Proposed UDC 164.19 • Planning Commission Staff Report CITY OF TayIle PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: March 14, 2016 Updated with Planninq Commission results SUBJECT: ADM 16-5340 Administrative Item (UDC CHAPTER 164.19 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapter 164.19 (Accessory Dwelling Units) of the Fayetteville City Code. RECOMMENDATION: Staff recommends that the Planning Commission forward ADM 16-5340 to the City Council with a recommendation for approval. BACKGROUND: Alderman Matthew Petty recently discussed with City staff a desire to remove the 5,000 square feet minimum requirement for Accessory Dwelling Units (ADU) in the Fayetteville Unified Development Code (UDC). After reviewing Alderman Petty's requested code change, there were additional related minor code changes that staff recommended for clarification, or to simply remove an unnecessary requirement. This item was discussed at the February 22, 2016 Planning Commission meeting where it was tabled. The commission requested staff to evaluate several of the primary elements in the Accessory Dwelling Unit (ADU) ordinance including limitations on building height and size. These topics were fully discussed internally within the City Planning Division. Additionally, two Planning Commissioners emailed staff recommended changes to the code and/or research for consideration (attached). After further review and research on the topic staff recommends additional changes to the proposed amendment including increasing the allowable size of an ADU to 800 sq. ft., and adding a definition of an ADU. Staff does not recommend modifying other limitations in the code such as the number of bedrooms or building height. These elements are critical to keeping an ADU to its stated intent as an "accessory" dwelling unit. If some of these basic elements are substantially modified or removed it would start to change the entire character of a single family detached lot. This would change the density and the underlying zoning district without going through a rezoning process. While appropriate infill and density is beneficial, it is best regulated through the underlying zoning code. If a property owner wishes to construct multiple full-size dwellings on a single parcel, a rezoning request or conditional use permit for a duplex should be submitted. These elements are discussed further in this memo, and research and comparison of other cities' ADU ordinances are attached to this packet for further review. Mailing Address: Planning Commission 9 March 14, 2016 113 W. Mountain Street www.fayettevilleA- r v Fayetteville, AR 72701 16-5340 Ch.164..119 Amend Page 1 of 9 DISCUSSION: The proposed code changes provide clarification and remove unnecessary regulation to the ADU requirements in the UDC (section 164.19). The proposed code changes are shown in strikeout -highlight in the attached document. Staff recommends that ADM 16-5340 be forwarded to City Council with a recommendation for approval. BUDGET/STAFF IMPACT: None Attachments: • The proposed code changes to UDC shown in strikeout -highlight Attachments Under Separate Cover: • Peer City ADU review chart • Approved ADU ordinance #5128 • City Council meeting minutes from ordinance #5128 • Santa Cruz ADU manual (under separate cover) • Email from Commissioner Matthew Hoffman • Email and research from Commissioner Tom Brown PLANNING COMMISSION ACTION: 0 Approved D Denied Date: February 22, 2016 Motion: Chesser Second: Autry Note: Tabled until the March 14, 2015 meeting Vote: 9-0-0 Date: March 14. 2016 Motion #1 Motion #2 Motion: Hoskins Motion: Hoskins Second: Autry Second: Hoffman Note: Motion to modify the code change to increase the Note: Motion to forward the code change to City Council with allowable square footage on an ADU to a maximum of 950 sq. ft the increase in square footage up to 950 sq. ft. Vote: 6-2-0 (Commissioners Brown and Cook voted 'no') Vote: 8-0-0 ADDITIONAL RESEARCH AND BACKGROUND PROVIDED AFTER THE 02-22-16 MEETING Background: The Accessory Dwelling Unit (ADU) ordinance #5128 was adopted in April of 2008 allowing for administrative or as -of -right approval of ADU's in single-family residential (RSF) zoning districts (attached). Prior to this time, ADU's were approved through a Conditional Use Permit process (CUP) in RSF zoning districts. The CUP public hearing process forADU approvals could often be contentious especially when ADU's were being proposed in established neighborhoods. A number of ADU's were denied due to neighborhood opposition. Neighbors' Planning Commission G:\ETC\Development Services Review\2016\Development Review\16-5319 UDC Amend March 14, 2016 Matthew Petty 166.24, 172.04, 177\03 Planning Commission\03-14-2016\Comments and Agenda Item 7a Redlines 16-5340 Ch 164.19 Amend. Page 2 of 9 objections were primarily related to the proposed square footage or size, building height, building setbacks, and lot coverage percentages. At the direction of then Mayor Dan Coody, staff was tasked with developing an as -of -right ADU ordinance that created prescriptive design standards to minimize cited concerns about appearance, mass and scale in order to ensure reasonable compatibility with adjacent similarly zoned RSF properties. In 2008 there were only a handful of peer cities that had developed codes allowing ADU's as a permitted use -by -right in single-family residential zoning districts. Santa Cruz, CA had developed an excellent ADU design manual in 2003, (attached), that served as the primary model for the development of Fayetteville's ADU standards. Additional research documents consulted included a 1995 Report from the Municipal Research and Services Centertitled "Accessory Dwelling Units — Issues and Options", and a Public Policy Institute publication titled "Accessory Dwelling Units — Model State Act and Local Ordinance" developed for AARP in 2000. Both of these white papers offered model ordinances for developing as -of -right ADU ordinances that included recommended occupancy restrictions, parking requirements, design/appearance standards, size restrictions, minimum lot size requirements, density controls, etc. Discussion: The current item, ADM 16-5340, before the Planning Commission includes a number of housekeeping or clean-up items for the ADU code that staff supports. In addition, the Planning Commission and Alderman Petty requested feedback on a number of additional amendments that were discussed at the February 22, 2016 meeting. Documents and research compiled in 2008 were reviewed for the original drafting of this ordinance and then more recent examples of ADU ordinances from peer cities were reviewed to see how the concept, standards and development process for the creation of as -of -right ADU's has changed in the intervening eight years. A peer city matrix was created comparing the assortment of standards commonly found in as -of -right ADU ordinances (attached). Specifically, staff looked for standards related to the items brought up by Commissioners at the February 22, 2016 Planning Commission meeting: (1) dwelling unit square footage limitations; (2) minimum lot size requirement; (3) building height regulations; and (4) maximum number of bedrooms permitted. Here is staff's analysis of each of these items as they relate to peer cities ADU codes: ADU Square footage requirement. Fayetteville currently restricts the size of ADU's to 600 sq. ft. Of the eight peer cities that were used as comparable this is on the lower side for the maximum square footage allowed, but it is not an outlier. A size limitation of 800 sq. ft. is the most standard dimensional regulation among these peer cities. Often the ADU size limitation is expressed as a percentage of the floor area of the principal dwelling or 800 sq. ft. whichever is less (Columbia, MO., Minneapolis, MN., Charlotte, NC., Portland, OR.) Typically, cities that permit the larger square footage ADU units will increase the parking requirement to 1 space per bedroom to ensure adequate parking. Minimum lot size. Fayetteville has a minimum lot size requirement of 5,000 sq, ft. for an ADU. This lot size matches the traditional small lot development pattern found in much of central and south Fayetteville (50'x100'). The goal of the ADU ordinance was to develop design standards to help ensure that ADU's would be reasonably compatible in existing neighborhoods and could be approved administratively. The lot area requirement was integral to achieving this goal. In the years since the adoption of the ADU ordinance there have been a number of development code changes to single-family residential zoning requirements. These include: reductions in front, side and rear setbacks in most RSF districts and the addition of new RSF districts with increased density such as RSF-18. Planning Commission G:\ETC\Development Services Review\2016\Development Review\16-5319 UDC Amend March 14, 2016 Matthew Petty 166.24, 172.04, 177\03 Planning Commission\03-14-2016\Comments and Agenda Item 7a Redlines 16-5340 Ch 164.19 Amend Page 3 of 9 These tools have increased the available building envelope and significantly reduce the bulk and area requirements for RSF lots. Generally it is staff's opinion that a 5,000 sq. ft. minimum is the appropriate size for a lot with an ADU. It is staffs opinion that ADU's fit a very narrow purpose and if additional density is preferred on smaller lots then the zoning code is the best available tool for prescribing such density. However, Alderman Petty has requested removal of the minimum lot size and staff is generally in support of this proposal assuming the other checks and balances in the ADU ordinance remain in place. Building height. Fayetteville has a single story height limit of 20' and two story building height limit of 25'. Building height regulations for ADU's vary greatly among the peer cities. This can be attributed to the fact that the building height of ADU's, particularly detached ADU's, is probably the most cited concern of neighbors and therefore this is the standard that is often adjusted to match the local building height preference. Typically, cities that have liberalized the ADU height limits ensure neighborhood compatibility through more conservative bulk or area regulations such as: increased minimum lot size, larger building setbacks, site impervious cover or lot area requirements, etc. Maximum number of bedrooms. Fayetteville limits ADU's to one bedroom units. Among the peer cities analyzed the number of bedrooms is not generally specified and this density measurement is commonly controlled de facto through a combination of square footage limitations, parking requirements, lot area requirements or site building coverage limitations. However, in staff's opinion the one bedroom limitation has been a successful component of limiting the density impacts and ensuring neighborhood compatibility of ADU's in Fayetteville. Staff does not support removing this limitation especially given the proposal to remove the lot size limitation. Recommendations: After reviewing these eight peer cities' ADU regulations and hearing the concerns expressed by Alderman Petty and the Planning Commission members', staff proposes the following amendments: • Amend the ADU maximum size limitation from 600 sq. ft_ to 800 sq. ft. This appears to be the most common size limitation standard among peer cities. The variance procedure would still remain for applicants that can demonstrate that a larger ADU is still compatible with the neighborhood and adjacent land owners. Staff would propose to leave the building height regulations in place as is. The current standard of 20' for one-story, and 25' for two-story is more than adequate for most ADU development proposals. The reduced front, side and rear setbacks for RSF zoning districts makes a reasonable height limitation an integral mitigating design standard to help ensure an adequate level of neighborhood compatibility for ADU's approved administratively as - of -right. Staff proposes to leave the maximum number of bedrooms in place as is. This criteria has effectively limited the density and impact of ADU's on surrounding neighborhoods, ensuring that they remain accessory to an existing primary dwelling. In a university city like Fayetteville with a large number of students living off campus and rental units, this criteria should be retained to ensure compatibility of ADU's in established neighborhoods. If a developer or property owner wishes to provide more bedrooms than one in a second dwelling, they may request a conditional use permit for a two-family/duplex unit or a rezoning request. Planning Commission G:\ETC\Development Services Review\2016\Development Review\16-5319 UDC Amend March 14, 2016 Matthew Petty 166.24, 172.04, 177\03 Planning Commission\03-14-2016\Comments and Agenda Item 7a Redlines 16-5340 Ch. 164.19 Amend. Page 4 of 9 Add a definition of "Accessory Dwelling Unit" to Chapter 151 of the Unified Development Code. This amendment will clarify in the code what has previously been interpreted and enforced by staff. Planning Commission G;1ETMDevelopment Services Revlew120161Development Review116-5319 UDC Amend March 14, 2016 Matthew Petty 166.24, 172.04, 177W Planning Commission103-14-20161Comments and Agenda Item 7a Redlines 16-5340 Ch. 164.19 Amend. Page 5 of 9 CHAPTER 1 Si -- DEFINITIONS This is Fln irdutitry mandam Accessory unit, A ,4ermirate, cpmplete cl cclarify y -gff&1_fing housekeeping unit with a separate enlrance, kitchen, what i:as _ steeping area, and full bathroom faciilties, which is an already attached or detached extension to an existing single- tfonr� family_strVcture. and enforced over the Source: A Planners nicUonary, published by American years by Planrninrg Associafian city slaif Planning Commission March 14, 2016 Agenda Item 7a 16-5340 Ch. 164.19 Amend. Page 6 of 9 164.19 Accessory Dwelling Units (ADU) (A) Purpose. The purpose of the accessory dwelling unit ordinance is to authorize accessory dwelling units in certain zoning districts on lots already developed or that will be developed concurrently with single-family dwellings. (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with the principal dwelling unit through architectural use of building forms, height, construction materials, and colors. (2) The property shall have infrastructure (water, sewer, gas, electric, etc ) that meets City standards to serve the accessory dwelling unit. Unnecessary statement- all sFructures must comply with I dwelling unit shall meet the FEIqwked setba6kr. setbacks of the -senie., dwGtFiG( 1 Use Unit 41 (ADUs) is already listed in each of these zoning districts in Ch. 161, No need to have it here too. (3) A two-story accessory dwelling unit should generally limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard should be minimized. The design of the accessory unit should relate to the design of the principal residence and not visually dominate it or the surrounding properties. (4) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms. (5) The site plan should incorporate low impact storm water mitigation techniques, such as cisterns, rain barrels, permeable pavers, rain gardens, indigenous plants and landscape berms. (C) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: Staff proposes (1) Maximum Square Feet and Number of to increase the Bedrooms. The accessory dwelling unit shall minimum square not be greater than 999 800 square feet of footage by 200 habitable space with a maximum of one feet and keep bedroom. Detached accessory dwelling units the bedroom located above garage space shall be ! limitation permitted so long as they meet the height tmemloonaton in requirement herein. (2) Zoning. The accessory dwelling unit shall comply with all ond6rlYia9 zoning fsq►�ir&rfl is i GitsdiF tart-A9l li►�it9d �9 the m1ncr required building area. bulk and area,and clarification setbacks but shall be exempt from 1ho density renuirements of the undertvinci zoning district ! (3) Parking. One parking space shall be provided on -site for each accessory dwelling unit Required parking for the accessory dwelling unit is in addition to the required parking for the principal dwelling unit. On -street parking may be counted towards the total parking requirement where it is allowed in the public right-of-way adjacent to the subject property. (4) This propo mf would romnve aniter skull lee ercer � frerA tide erFeit} the 5.000 SF _ _ ' Fimita�tir�n Sk€ail b9falaiitBEtjr-f+gti°: �' Buis ^ta^ I 9 t J;- further square ,feel w: more explanation in distripts, PC (nerno) (5) Existing Development on Lot. A single-family dwelling shall exist on the lot or shall be constructed in conjunction with the accessory dwelling unit. No building permit shall be issued until this requirement is satisfied. Maximum Number of Accessory Dwelling Units per Lot. A maximum of one accessory dwelling unit shall be permitted for each lot. Planning Commission March 14, 2016 Agenda Item 7a 16-5340 Ch. 164 19 Amend. Page 7 of 9 We see variances For this requirement occasionally and the PC hasn't denied one yet It was originallyin there at the request of the neighborhoods, in an attempt to rnake sure older homes v.aterfsev:•er pipes did not pet overcome with an additional dvr elling Staff sees this as sorneth€na the property owner shuu d concern therms• Ives :pith (6) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the City of Fayetteville Uniform Building Code. `(7) Water and Sewer. Water and sewer service for the accessory dwelling unit sha4 should be connected directly to the public water and sewer system, where reasonably accessible in accordance with all applicable regulations, and if so shall be metered separately from the principal residence. application for an accessory dwelling unit, the application shall not be approved administratively. (11) Building Height and Stories. (8) Occupancy. The property owner must D ll This should permanently occupy either the principal or suffiictently take ces acsory dwelling unit. A resident of one of care of the two dwelling units must prOydde proof of rpmoving #IG ownership it reouested by the_PI_annir below pruigio_n, u2gn receipt of a complaint. (9) Maximum Occupancy of the Accessory (a) A one-story detached accessory dwelling unit shall be a maximum of 20 feet in height to the roof peak measured from the existing adjacent grade. (b) A detached accessory dwelling unit above one story shall be a maximum of 25 feet in height to the roof peak measured from the existing adjacent grade. (c) An attached accessory dwelling unit may occupy a first or second story of a principal dwelling unit and shall not in any instance be taller than the roof line of the we rng Urnt. A maximum of two persons No one does principal dwelling unit. shall reside in an accessory dwelling unit. this, nor should they have to. (12) Building Design. The architectural design of ( } islratieA r3 9welJipg 6Jrait fhe-phndpal r i1-• � as the accessory dwelling unit shall relate to the 1I ha}l—ys+ another design of the principal dwelling by the use of Fegirst9lCed en an aRR6181 basis,oar the Fatal €rt:€r)hburtlOW similar exterior wall materials, window types, �,,,;&;,,, ,R 9f appFGyal, with the -- tactu�5t aYfat n We first brow] +t door and window trims, roofing materials and this forty arr,+ as roof pitch. The following materials must be a by right submitted for review of an application: (10) Tree Preservation. To protect existing tree devotopn,ow canopy to the greatest extent possible, prior to application for an accessory dwelling unit, the applicant shall consult with the Urban Forester, to prepare a site plan illustrating the location of all significant trees. All significant trees on the property shall be adequately protected during construction. Any proposed removal of significant trees on the site will require the following of the property owner: (a) The applicant must show that the removal of a significant tree or trees is necessary in order to locate the accessory dwelling unit on the lot and also meet all contributing location requirements such as building setbacks, utility or drainage easements, topography, etc. (b) For every significant tree removed the property owner shall replace said tree with a total of two (2) two-inch caliper large species shade trees from the list of approved tree species in a location deemed appropriate by the Urban Forester. (c) Should the Urban Forester find justifiable cause to determine a significant tree or trees were removed in an attempt to thwart the intent of this ordinance prior to (a) A material sample board indicating type of materials and colors to be used on the exterior of the building. (b) An architectural elevation drawing of all sides of the proposed structure. (c) Images or architectural elevations of the principal dwelling unit. (D) Site Plan Requirements. T-Wee-setsoi Detailed `= minor site plans are required to be submitted for review clarifc-tion with the following information: (1) Scale no smaller than 1" = 30' (one inch equals thirty feet) (2) A north arrow (3) Property lines (4) Locations and dimensions of all rights -of -way, utility, drainage and tree preservation easements, and building setbacks (5) All existing and proposed structures with accompanying uses (6) Size of parcel in square feet or acres. Planning Commission March 14, 2016 Agenda Item 7a 16-5340 Ch. 164.19 Amend. Page 8 of 9 (7) Size of all existing and proposed structures in square feet (8) Name of the applicant or property owner, plan preparer, project name and project address in a title block (9) Pertinent special features such as drainage features, berms, fences, and retaining walls (10) Parking areas, including driveways, with paving materials and dimensions (11) A landscape plan showing the location of all proposed landscaping, size of plant materials and species (12)Tree protection plan including all significant trees and protection measures (E) Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Washington County Clerk's Office a declaration of restrictions containing a reference to the deed underwhich the property was acquired by the present owner and stating that: (1) The accessory dwelling unit shall not be sold separately from the principal residence. (2) The accessory unit is restricted to the approved size. (3) The property owner shall at all times reside on the property. (4) The above restrictions are binding upon any successor in ownership of the property and shall run with the property. (F) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements for size (square feet), height, and materials for an accessory dwelling unit, where unique s varliance circumstances exist and the effect will not vvill no adversely affect adjoining or neighboring property longer be owners. A�pt+�acste azay-ask forte vat a�-rscam necessary taps for Ihs requirement tepe9rap4y--The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (G) Existing Detached Second (Accessory) Dwelling Units. (1) Conforming Units. Existing detached second dwelling units approved by the Planning Commission by conditional use and constructed shall be considered a legal conforming accessory dwelling on the unnecessary property. property-eWriers s gall-figister. !h � requiremen} priAGipa aAtaeGe"e"wa}}ang,nraar rw of as described i earlier (2) Nonconforming Units. Existing detached second dwelling units that were not approved by the Planning Commission shall be considered nonconforming. An application for administrative approval may be made to convert an existing nonconforming detached second dwelling unit to a conforming legal detached second dwelling unit, where the existing unit can meet the requirements herein. Where an existing nonconforming second dwelling unit exists as of the date of the adoption of this ordinance that cannot meet the requirements herein, the applicant may apply for a variance of the requirements stated. (H) Non -Conforming Structures. Non -conforming structures may not be converted into an accessory dwelling unit unless a variance has been granted by the Board of Adjustment. (1) If the property owner no longer resides on the property, the owner shall remove the cooking facilities from the Accessory Dwelling Unit or the City shall turn off water service to the Accessory Dwelling Unit. (J) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent of the law. (Ord_ 5128, 4-15-08) Planning Commission March 14, 2016 Agenda Item 7a 16-5340 Ch. 164.19 Amend. Page 9 of 9 Page 1 of 161 Homeowner Maximum# Two Story Building Residency on Lot Area Site Impervious City ADU Maximum Sire Bedrooms Single Story Building Height Height Parking Property Required Lover She BufldY Cover Fire Sprinkler Notes Favttte+dllq, AR 600 Sq Ft 1 25 25' 1 soaceJADU Required 5.000 So Ft. HA NA NA Shall not exceed the Shall not exceed 75%of the Sq Ft, height of the principal Adopted in 2014. Only permitted in one and two family of principal dwelling or 800 Sq Ft dwelling or 24' residential zoning districts. Lot width minimum of 50 Columbia, MO whichever is less NA NA whichever is less 1 space/bdrm NA 5.000 So, Ft. NA NA NA feet Not higher than principal residence or 800 Sq Ft /Attached - 1,000 Sq 20 feet whichever is No additional Adopted in 2014 Has side and rear yard area Minneapolis. MN _ Ft/Detached NA NA less pArkrryt+Cnuued Reguued NA NA NA NA rcqui+emenis, Max Building Height of Zoning Max Building Height of Redwood City- CA 640 Sp Ft. - 700 So Ft if ADA 1 _ District Zoning District 1 soace/ADU 9"i'lred NA NA NA Regwred 1,100 Sq, Ft. or FAR of 0 15 whichever is smaller Maximum 550 1 space/1 bdrm - ustin, TX Sq Ft on the second story NA 30 Feet 30 Feet 15 soace/2 bdrm NA NA _ WS".4 >40% NA May not be used as a short term rental fa irbnh) 35% FAR of main residence or Max No taller than principle No taller than principle Charlette„ NC of 800 So. Ft. NA dwelling dwelling 1 soace/ADU Req.—d NA NA NA NA Lexington, MA Mz. 1,1400 Sq. Kt 2 NA NA 1 spite Regwred 10.000 So Ft, NA NA fCA 640-800 Sq. Ftdepending on lot -- SantrCrur-CS size 2 NA NA lsoace/Bedroom Re urged 5.000 So Ft NA NA NA No more than 75%of living area of principle dwelling or 800 Sq. Ft. No additional Portland- OR whichever is less NA NA NA parking regwred NA NA NA NA HA Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 2 of 161 ORDINANCE NO.5128 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO AMEND CHAPTER 151: DEFINITIONS, CHAPTER 159: FEES, CHAPTER 161: ZONING REGULATIONS, CHAPTER 162: USE UNITS, CHAPTER 163: USE CONDITIONS AND CHAPTER 164 SUPPLEMENTARY DISTRICT REGULATIONS IN ORDER TO MAKE ACCESSORY DWELLING UNITS A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS CONTINGENT UPON PLANNING DIVISION ADMINISTRATIVE APPROVAL. WHEREAS, the City of Fayetteville recognizes that accessory dwelling units provide an additional housing choice for many residents of the City such as students and senior citizens; and WHEREAS, the City of Fayetteville has identified the need for increased housing options and variations in the existing housing market; and WHEREAS, the City of Fayetteville has determined that accessory dwelling units are appropriate in residential zoning districts; and WHEREAS, the City of Fayetteville recognizes that strict design guidelines will minimize cited concerns about appearance, mass and scale; and WHEREAS, the City of Fayetteville recognizes that an administrative approval process will streamline the development process and encourage the construction of additional accessory dwelling units; and WHEREAS, Accessory dwelling units that exceed the maximum standards prescribed in the proposed ordinance may request a variance from specific standards to the Planning Commission; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section ] . That Chapter 15 ] _ Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to § 151.01, a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Planning ssion M , 2016 Agurgrgam 7b 16-5340 Ch. 164.1p Amend. Page 3 of 161 Page 2 Ord. 5128 Section 2. That Chapter 159: Fees is amended by adding Accessory Dwelling Unit $100.00 to § 159.0 ] (B)(6). Section 3. That Chapter 161. Zoning Regulations is amended by adding Use Unit 41: Accessory Dwelling Units in §161.03 (13)(1), §161.04 (B)(1), §161.05 (C), §161.06 (C), §161.07 (B)(1), §161.08 (B)(l), §161.09 (B)(1), and §161.23 (B)(1). Section 4. That Chapter 162: Use Units is amended by adding Accessory Dwelling Units as Use Unit 41 in § 162.01. Section 5. That Chapter 163: Use Conditions is amended by removing Detached Second :Dwelling Units (granny units) from §163.01: Listing, and removing all of §163.07; Detached Second Dwelling Units (Granny Units) and re -numbering the remainder of Chapter 163: Use Conditions accordingly. Section 6, That Chapter 164: Supplementary District Regulations is amended by adding the proposed language in §164.19, a copy of which is marked Exhibit "B" attached hereto and made a part hereof. PASSED and APPROVED this the 15th day of April, 2008. r •may 3.1-I l A3ll3 rlb3 ATTEST:. • .y l os" By: r f�I�llr�l4 y S NDRA E. SMITH, City Clerk/Treasurer Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 4 of 161 EXHIBIT "A" Chapter 151: Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to §151.01: Accessory Dwelling Unit. (Zoning) An Accessory Dwelling Unit is a separate dwelling unit from the principal dwelling unit, located on a single family zoned lot. The owner of the lot shall permanently reside in either the principal dwelling unit or the accessory dwelling unit located on the property. Principal Dwelling Unit. (Zoning) A Principal Dwelling Unit is the primary and larger of two dwelling units located on a single lot, Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 5 of 161 EXHIBIT "B" Chapter 164: Supplementary District Regulations is amended by adding the following section §164.19: Accessory Dwelling units: 164.19 Accessory Dwelling Units (ADU) (A) Purpose. The purpose of the accessory dwelling unit ordinance is to authorize accessory dwelling units in certain zoning districts on lots already developed or that will be developed concurrently with single-family (C) dwellings. (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with the principal dwelling unit through architectural use of building forms, height, construction materials, and colors. (2) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (3) The location and design of the accessory dwelling unit shall meet the required setbacks of the zoning district. (4) A two-story accessory dwelling unit should generally limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard should be minimized- The design of the accessory unit should relate to the design of the principal residence and not visually dominate it or the surrounding properties. (5) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms. (6) The site plan should incorporate low impact storm water mitigation techniques, such as cisterns, rain barrels, permeable pavers, rain gardens, indigenous plants and landscape berms. Permitted Zoning Districts: Accessory dwelling units shall be exempt from the density requirements of the underlying zoning district and shall be permitted by - right on lots containing 5,000 square feet or more in the following Zoning districts: (1) R-A Residential Agricultural (2) RSF — 0.5 Residential Single Family — One Half Unit per Acre (3) RSF — 1 Residential Single Family — One Unit per Acre (4) RSF — 2 Residential Single Family — Two Units per Acre (5) RSF — 4 Residential Single Family — Four Units per Acre (6) RSF — 7 Residential Single Family — Seven Units per Acre (7) RSF — 8 Residential Single Family — Eight Units per Acre (8) NC Neighborhood Conservation (D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (1) Maximum Square Feet and Number of Bedrooms. The accessory dwelling unit shall not be greater than 600 square feet of habitable space with a maximum of one bedroom. Detached accessory dwelling units located above garage space shall be permitted so long as they meet the height requirement herein. (2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 6 of 161 setbacks with the exception of density. significant trees on the property shall be adequately protected during (3) Parking. One parking space shall be construction. Any proposed removal of provided on -site for each accessory significant trees on the site will require dwelling unit. Required parking for the the following of the property owner: accessory dwelling unit is in addition to the required parking for the principal (a) The applicant must show that the dwelling unit. On -street parking may be removal of a significant tree or trees is counted towards the total parking necessary in order to locate the requirement where it is allowed in the accessory dwelling unit on the lot and public right-of-way adjacent to the also meet all contributing location subject property. requirements such as building setbacks, utility or drainage easements, (4) Existing Development on Lot. A single- topography, etc. family dwelling shall exist on the lot or shall be constructed in conjunction with (b) For every significant tree removed the accessory dwelling unit. No building the property owner shall replace said permit shall be issued until this tree with a total of two (2) two-inch requirement is satisfied. caliper large species shade trees from the list of approved tree species in a (5) Maximum Number of Accessory location deemed appropriate by the Dwelling Units per Lot. A maximum of Urban Forester. one accessory dwelling unit shall be permitted for each lot. (c) Should the Urban Forester find justifiable cause to determine a (6) Other Code Requirements. The significant tree or trees were removed in accessory dwelling unit shall comply an attempt to thwart the intent of this with the requirements of the City of ordinance prior to application for an Fayetteville Uniform Building Code. accessory dwelling unit, the application shall not be approved administratively. (7) Water and Sewer. Water and sewer service for the accessory dwelling unit (12) Building Height and Stories. shall be connected directly to the pubic water and sewer system, where (a) A one-story detached accessory reasonably accessible in accordance dwelling unit shall be a maximum of 20 with all applicable regulations, and shall feet in height to the roof peak measured be metered separately from the principal from the existing adjacent grade. residence. (b) A detached accessory dwelling unit (8) Occupancy. The property owner must above one story shall be a maximum of permanently occupy either the principal 25 feet in height to the roof peak or accessory dwelling unit. measured from the existing adjacent grade. (9) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (c) An attached accessory dwelling unit persons shall reside in an accessory may occupy a first or second story of a dwelling unit. principal dwelling unit and shall not in any instance be taller than the roof line (10) Registration of Dwelling Units. The of the principal dwelling unit. principal and accessory dwelling unit shall be registered on an annual basis, (13) Building Design. The architectural from the date of approval, with the design of the accessory dwelling unit Planning Division to verify occupancy shall relate to the design of the principal requirements. dwelling by the use of similar exterior wall materials, window types, door and (11) Tree Preservation. To protect existing window trims, roofing materials and roof tree canopy to the greatest extent pitch. The following materials must be possible, prior to application for an submitted for review of an application: accessory dwelling unit, the applicant shall consult with the Urban Forester, to (a) A material sample board indicating prepare a site plan illustrating the type of materials and colors to be used location of all significant trees. All on the exterior of the building. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 7 of 161 (b) An architectural elevation drawing of (2) The accessory unit is restricted to the all sides of the proposed structure, approved size. (c) Images or architectural elevations of (3) The property owner shall at all times the principal dwelling unit. reside on the property. (E) Site Plan Requirements. Three sets of (4) The above restrictions are binding upon detailed site plans are required with the any successor in ownership of the following information: property and shall run with the property. (1) Scale no smaller than V = 30' (one inch (G) Planning Commission Approval. An applicant equals thirty feet) may request approval from the Planning Commission of a variance from the (2) A north arrow maximum requirements for size (square feet), height, and materials for an accessory (3) Property lines dwelling unit, where unique circumstances exist and the effect will not adversely affect (4) Locations and dimensions of all rights- adjoining or neighboring property owners. of -way, utility, drainage and tree Applicants may ask for a variance from the preservation easements, and building requirement for separate water and sewer setbacks taps if a hardship exists, such as difficult access or topography. The applicant shall (5) All existing and proposed structures with provide notification to adjacent property accompanying uses owners prior to the date of the meeting. (6) Size of parcel in square feet or acres. (H) Existing Detached Second (Accessory) Dwelling Units. (7) Size of all existing and proposed structures in square feet (1) Conforming Units. Existing detached second dwelling units approved by the (8) Name of the applicant or property Planning Commission by conditional use owner, plan preparer, project name and and constructed shall be considered a project address in a title block legal conforming accessory dwelling on the property. Property owners shall (9) Pertinent special features such as register the principal and accessory drainage features, berms, fences, and dwelling on an annual basis with the retaining walls Planning Division. (10) Parking areas, including driveways, with (2) Nonconforming Units. Existing detached paving materials and dimensions second dwelling units that were not approved by the Planning Commission (11)A landscape plan showing the location shall be considered nonconforming. An of all proposed landscaping, size of application for administrative approval plant materials and species may be made to convert an existing nonconforming detached second (12) Tree protection plan including all dwelling unit to a conforming legal significant trees and protection detached second dwelling unit, where measures the existing unit can meet the requirements herein. Where an existing (F) Deed Restrictions. Before obtaining a nonconforming second dwelling unit building permit for an accessory dwelling unit exists as of the dale of the adoption of the property owner shall file with the this ordinance that can not meet the Washington County Clerk's Office a requirements herein, the applicant may declaration of restrictions containing a apply for a variance of the requirements reference to the deed under which the staled. property was acquired by the present owner and stating that: (1) Non -Conforming Structures. Non -conforming (1) The accessory dwelling unit shall not be structures may not be converted into an sold separately from the principal accessory dwelling unit unless a variance residence. has been granted by the Board of Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Pane 8 of 161 F, � ,► Sri/��' ���' City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 18-Mar-08 City Council Meeting Date Leif Olson Submitted By Long Range Planning Division Operations Department Action Required: .ADM 07-2732: Approval of an ordinance amending the Unified Development Code to allow Accessory Dwelling Units as a use by right with administrative approval in all single family zoning districts. $0.00 Cost of this request n/a Account Number n/a Project Number Budgeted Item n/a Catty o l o ecl loud et n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached n/a Program Category 1 Pra'ect Name rVa Program / Project Caleo Name n/a Fund Name Previous Ordinance or Resolution # Date Original Contract Date: Finance and internal Service Director Date Original Contract Number: /'_f/�F"/Commission JJ f March 14, 2116 �^ Item I WW 4.19 .19 Amend. Page 9 of 161 City Council Meeting of March 18, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations Tim Conklin, Planning and Development Management Director From: Leif Olson, Long Range Planner Date: February 1, 2008 Subject_ The request is to approve the proposed amendments to the Unified Development Code allowing Accessory Dwelling Units as a use -by -right in all residential zoning districts with administrative approval. RECOMMENDATION Planning Staff recommends approving the proposed Accessory Dwelling Unit Ordinance by the City Council. BACKGROUND The City Council has adopted a policy of addressing attainable housing as one of its top priorities. Planning Staff drafted a Housing White Paper in 2005 which outlined a series of policy alternatives that the City could implement in order to diversify the housing stock in terms of size and price points. One of the policy recommendations discussed in the white paper was to allow existing homeowners to construct accessory dwelling units on their property with administrative review and approval. Accessory Dwelling Units (ADUs) are currently permitted by conditional use in residential districts of the City. The Conditional Use Permit process by its very nature can discourage residents from proposing ADUs. The current structure of the ordinance gives very little design guidance to the property owner and the public. The public hearing process can also have the undesired consequence of creating a reactionary response by the public and results in projects being re -designed by adjoining neighbors and appointed and elected officials. This is often a result because there are few guiding rules for the applicant, the public, Planning Staff or the appointed and elected officials to follow. Planning Staff believes that a prescriptive ADU ordinance which addresses site design, bulk and area considerations, building heights, setbacks and architectural compatibility will ensure that new ADUs are appropriate in scale and design and that they will contribute to the community and neighborhood. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 10 of 161 City Council Meeting of March 18, 2008 Agenda Item Number Planning Staff is bringing this ordinance forward at this time in order to advance three of the six goals adopted by the City Council's passage of City Plan 2025. Allowing ADUs by right is a benchmark in City Plan 2025 for the Fall 2006 — Summer 2007 schedule. Specifically, this ordinance is designed to address: Goal 1: We will snake appropriate infill and revitalization our highest priority, Goal 2: We will discourage suburban sprawl, and Goal 6: We will create attainable housing. Administrative approval of ADUs will advance Goals I and 2 by encouraging the creation of dwelling units on property that has already been developed within the City. Low -density single -use residential property has the infrastructure already in place to allow for these infill opportunities. The larger lot sizes associated with low density zoning are prime locations for ADUs and will discourage sprawl by allowing appropriate and compatible small-scale residential uses to existing neighborhoods. ADUs by right are the very definition of infill and revitalization. ADUs can create attainable housing in a number of ways. They are oflen designed as a housing alternative for members of the family who may have special needs or life circumstances, for instance the traditional role of an ADU as a "granny unit' for the mother-in-law. Families with college age children may choose to construct an ADU rather than pay rent for a dorm room or off -campus apartment. ADUs can be a very effective housing solution for a variety of familial circumstances that evolve over time. Additionally, ADUs as rental units can provide the necessary income needed for a family to meet their monthly mortgage obligations. There is an abundance of literature that can be found on the internet regarding the social and economic advantages of ADUs. Here is a brief list of links about ADU ordinances in other municipalities: lhttp://rainier.wa.us/Publications/adu3O.pdf http://www.ci.santa-cruz.ca.us/pl/hed/ADU/adu.htm] littp://cosweb.di.sliorelitie.wa.us/uploads/attachments/pds./ha put/ADU. df DISCUSSION The Planning Commission forwarded this item to the Ordinance Review Committee with a unanimous vote of 6-0. A concern brought up by the Planning Commission was that 600 sq. ft. would allow too large of a unit and perhaps 400 sq. fl. would be more appropriate. Staff has looked at the advantages and disadvantages of reducing the allowable square footage and is in favor of leaving it at 600 sq. ft. The downside of reducing the square footage is that you can reduce it to the point where it will in effect prescribe an efficiency type unit without a separate bedroom. An efficiency unit may be appropriate for younger people and students but most adults would not find it very practical. Staff believes that reducing the square footage will significantly limit the potential for a broad cross-section of the community to take advantage of this form of attainable housing. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch, 164.19 Amend. Page 11 of 161 City Council Meeting of March 18, 2008 Agenda Item Number The City Council Ordinance Review Committee forwarded this item to the full City Council with a unanimous 3-0 vote in favor of the proposed ordinance. Planning Staff has met internally and with the Council of Neighborhoods in February to discuss the Accessory Dwelling Unit Ordinance and to make any additional changes that would create a stronger "by right" ordinance. Therefore, Planning Staff has made the following changes to the ordinance in order to address some of the concerns brought up during these meetings; • Requirement of impact fees for all accessory dwelling units. + Requirement for separate water and sewer taps for the accessory dwelling unit. • Proof of occupancy of the owner of the residence with a registration requirement annually. • Requirement of site plan review by the Urban Forester with mitigation requirements for the removal of significant trees on the building site. • The maximum building heights have been amended in order to mirror the way building height is determined for single family development. • Requirement for the removal of cooking facilities when the owner no longer resides in either the principal or accessory dwelling unit. BUDGET IMPACT None Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend, Page 12 of 161 ORDINANCE NO. , AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO AMEND CHAPTER 151: DEFINITIONS, CHAPTER 159: FEES, CHAPTER 161: ZONING REGULATIONS, CHAPTER 162: USE UNITS, CHAPTER 163: USE CONDITIONS AND CHAPTER 164 SUPPLEMENTARY DISTRICT REGULATIONS IN ORDER TO MAKE ACCESSORY DWELLING UNITS A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS CONTINGENT UPON PLANNING DIVISION ADM[NISTRATIVE APPROVAL. WHEREAS, the City of Fayetteville recognizes that accessory dwelling units provide an additional housing choice for many residents of the City such as students and senior citizens; and NVHEREAS, the City of Fayetteville has identified the need for increased housing options and variations in the existing housing market; and WHEREAS, the City of Fayetteville has determined that accessory dwelling units are appropriate in residential zoning districts; and WHEREAS, the City of Fayetteville recognizes that strict design guidelines will minimize cited concerns about appearance, mass and scale; and WHEREAS, the City of Fayetteville recognizes that an administrative approval process will streamline the development process and encourage the construction of additional accessory dwelling units; and WHEREAS, Accessory dwelling units that exceed the maximum standards prescribed in the proposed ordinance may request a variance fi-orn specific standards to the Planning Commission; Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 13 of 161 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 151: Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to § 151.01. a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That Chapter 159: Fees is amended by adding Accessory Dwelling Unit $100.00 to `159.0](13)(6). Section 3. That Chapter 161: Zoning Regulations is amended by adding Use Unit 41: Accessory Dwelling Units in §161.03 (B)(1), §161.04 (B)(1), §161.05 (C), §161.06 (C), §161.07 (B)(1), §161.08 (B)(1). §161-09 (13)(1), and §161.23 (B)(1). Section 4. That Chapter 162: Use Units is amended by adding Accessory Dwelling Units as Use Unit 41 in § 162.01 Section 5. That Chapter 163: Use Conditions is amended by removing Detached Second Dwelling Units (granny units) from § 163.01: Listing, and removing all of § 163.07: Detached Second Dwelling Units (Granny Units) and re -numbering the remainder of Chapter 163. Use Conditions accordingly. Section 6. That Chapter 164: Supplementary District Regulations is amended by adding Ilse proposed language in § 164.) 9, a copy of which is marked Exhibit "B" attached hereto and made a part hereof. PASSED and APPROVED this the _ day of , 2008. ATTEST: By: SONDRA S1111TH, City Clerk APPROVED: By: DAN COODY, Mayor Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend Page 14 of 161 EXHIBIT "A" 14 Chapter hl: Definitions is oniended by adding Accessory Dwelling Unit and Principal Dwelling Unit to §151. 0.1: Accessory Dtirelling Unit_ (Zoning) An Accessory Dwelling Unit is a separate dwelling unit from the principal dwelling unit; located on a single family zoned lot. The owner of the lot shall permanently reside in either the principal dwelling unit or the accessory dwelling unit located on the property. Principal Dn elling Unil. (Zoning) A Principal Dwelling Unit is the primary and larger of two dwelling units located on a single lot. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 15 of 161 EXHIBIT "B" Chapter 164: Supplementary District Regulations is amended by adding the following section §164.19: Accessorr Dwelling Units: 164.19 Accessory Dwelling Units (ADU) (A) Purpose. The purpose of the accessory dwelling unit ordinance is to authorize accessory dwelling units in certain zoning districts on lots already developed or that will be developed concurrently with single-family dwellings. (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with the principal dwelling unit through architectural use of building forms, height, construction materials, and colors. (2) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (3) The location and design of the accessory dwelling unit shall meet the required setbacks of the zoning district. (4) A two-story accessory dwelling unit should generally limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard should be minimized. The design of the accessory unit should relate to the design of the principal. residence and not visually dominate it or the surrounding properties. (5) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms- (6) The site plan should incorporate low impact storm water mitigation techniques, ' such as cisterns, rain barrels, .' permeable pavers, rain gardens, indigenous plants and landscape berms. (C) Permitted Zoning. Districts: Accessory dwelling 'units ' shall ,b, , exempt from the density requirements\oi'w, the underlying zoning district and shall, bei'�permitted by - right on lots containing 5,000,square feet or more in the following Zoning districts: (1) R-A Residential Agricultural (2) RSF — 0.5 Residential Single Family -- One Half Unit per Acre (3) RSF — 1 Residential Single Family — ff'a- One Unit per Acre (4) RSF — 2 Residential Single Family — Two Units per Acre (5) RSF — 4 Residential Single Family — Four Units per Acre (6) RSF — 7 Residential Single Family — Seven Units per Acre (7) RSF — 8 Residential Single Family — Eight Units per Acre (8) NC Neighborhood Conservation (D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator- Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (1) Maximum Square Feet and Number of Bedrooms. The accessory dwelling unit shall not be greater than 600 square feet of habitable space with a maximum of one bedroom. Detached accessory dwelling units located above garage space shall be permitted so long as they meet the height requirement herein. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 16 of 161 possible, prior to application for an (2) Zoning_ The accessory dwelling unit accessory dwelling unit, the applicant shall comply with all underlying zoning shall consult with the Urban Forester, to requirements including but not limited to prepare a site plan illustrating the building area, bulk and area, and location of all significant trees. All setbacks with the exception of density. significant trees on the property shall be adequately protected during (3) Parking. One parking space shall be construction. Any proposed removal of provided on -site for each accessory significant trees on the site will require dwelling unit Required parking for the the following of the property owner: accessory dwelling unit is in addition to the required parking for the principal (a) The applicant must show that the dwelling unit. On -street parking may be removal of a significant tree or trees is counted towards the total parking necessary in order to locate the requirement where it is allowed in the accessory dwelling unit on the lot and public right-of-way adjacent to the also meet all contributing location subject property. requirements such as building setbacks, utility or drainage easements, (4) Existing Development on Lot. A single- topography, etc, family dwelling shall exist on the lot or shall be constructed in conjunction with (b) For every significant tree removed the accessory dwelling unit. No building the property owner shall replace said permit shall be issued until this tree with a total of two (2) two-inch requirement is satisfied. caliper large species shade trees from the list of approved tree species in a (5) Maximum Number of Accessory location deemed appropriate by the Dwelling Units per Lot. A maximum of Urban Forester. one accessory dwelling unit shall be permitted for each lot. (c) Should the Urban Forester find justifiable 'cause to determine a (6) Other Code Requirements_ The significant tree or trees were removed in accessory dwelling unit shall comply an attempt to thwart the intent of this with the requirements of the City of ordinance prior to application for an Fayetteville Uniform Building Code_ accessory dwelling unit, the application shall not be approved administratively, (7) Water and Sewer_ Water and sewer service for the accessory dwelling unit (12) Building Height and Stories. shall be connected directly to the pubic water and sewer system, where (a) A one-story detached accessory reasonably accessible in accordance dwelling unit shall be a maximum of 20 with all applicable regulations,, and shall feet in height to the roof peak measured be metered separately from the principal from the existing adjacent grade. residence. (b) A detached accessory dwelling unit (8) r Occupancy. The property owner must above one story shall be a maximum of permanently occupy either the principal 25 feet in height to the roof peak or accessory dwelling unit. measured from the existing adjacent grade. (9) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (c) An attached accessory dwelling unit persons shall reside in an accessory may occupy a first or second story of a dwelling unit. principal dwelling unit and shall not in any instance be taller than the roof line (10) Registration of Dwelling Units- The of the principal dwelling unit. principal and accessory dwelling unit shall be registered on an annual basis, from the date of approval, with the (13)Building Design. The architectural Planning Division to verity occupancy design of the accessory dwelling unit requirements. shall relate to the design of the principal dwelling by the use of similar exterior (11) Tree Preservation. To protect existing wall materials, window types, door and tree canopy to the greatest extent window trims, roofing materials and roof Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch, 164.19 Amend Page 17 of 161 pitch. The following materials must be property was acquired by the present owner submitted for review of an application: and slating that: (a) A material sample board indicating (1) The accessory dwelling unit shall not be type of materials and colors to be used sold separately from the principal on the exterior of the building. residence. (b) An architectural elevation drawing of (2) The accessory unit is restricted to the all sides of the proposed structure. approved size. (c) Images or architectural elevations of (3) The property owner shall at all times the principal dwelling unit. reside on the property. (E) Site Plan Requirements. Three sets of (4) The above restrictions are binding upon detailed site plans are required with the any successor in ownership of the following information: property and shall run with the property. (1) Scale no smaller than 1" = 30' (one inch (G) Planning Commission Approval. An applicant equals thirty feet) may. request approval from the Planning Commission of a variance from the (2) A north arrow maximum requirements for size (square feet), height, and materials for an accessory (3) Property lines dwelling unit, where unique circumstances exist avid the effect will not adversely affect (4) Locations and dimensions of all rights- adjoining or neighboring property owners. of -way, utility, drainage and tree Applicants may ask for a variance from the preservation easements, and building requirement for separate water and sewer setbacks laps if a- hardship exists, such as difficult access or topography. The applicant shall (5) All existing and proposed structures with provide notification to adjacent property accompanying uses owners prior to the date of the meeting. (6) Size of parcel in square feet or acres. (ht) Existing Detached Second (Accessory) Dwelling Units. (7) Size of all existing and proposed structures in square feet (1) Conforming Units. Existing detached \. second dwelling units approved by the (8) Name of the applicant I or property Planning Commission by conditional use owner, plan preparer, project name and and constructed shall be considered a project address in a title block legal conforming accessory dwelling on the property_ Property owners shall (9) Pertinent special features such as register the principal and accessory drainage features, berms, fences, and dwelling on an annual basis with the retaining walls Planning Division. (10) Parking areas, including driveways, with (2) Nonconforming Units. Existing detached paving materials and dimensions second dwelling units that were not approved by the Planning Commission (11)A landscape plan showing the location shall be considered nonconforming. An of all proposed landscaping, size of application for administrative approval plant materials and species may be made to convert an existing nonconforming detached second (12)Tree protection plan including all dwelling unit to a conforming legal significant trees and protection detached second dwelling unit, where measures the existing unit can meet the requirements herein. Where an existing (F) Deed Restrictions. Before obtaining a nonconforming second dwelling unit building permit for an accessory dwelling unit exists as of the date of the adoption of the property owner shall file with the this ordinance that can not meet the Washington County Clerk's Office a requirements herein, the applicant may declaration of restrictions containing a apply for a variance of the requirements reference to the deed under which the staled. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 18 of 161 (1) Non -Conforming Structures. Non -conforming structures may not be converted into an accessory dwelling unit unless a variance has been granted by the Board of Adjustment. (J) If the property owner no longer resides on the property, the owner shall remove the cooking facilities from the Accessory Dwelling Unit or the City shall turn off water service to the Accessory Dwelling Unit. (K) Viofafron. Violation of the requirements herein shall be prosecuted to the maximum extent of the law. y ^� Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164 19 Amend. Palle 19 of 161 ADM 07-2712: (ACCESSORY DWELLING UNITS): An ordinance amending the Unified Development Code to allow Accessory Dwelling Units by right in Residential Zoning Districts. Tim Conklin, Planning and Development Management Director, explained that the accessory dwelling unit ordinance was one of the benchmarks adopted by the City Council. The proposed ordinance was drafted to allow existing homeowners to construct accessory dwelling units. He explained that accessory dwelling units also known as detached second dwelling units are currently pennitted by conditional use. Planning staff was bringing forward a prescriptive ordinance that addresses site design, bulk and area, building height, setback, and architectural compatibility. The ordinance advances three of the six goals adopted in City Plan 2025: Allowing accessory dwelling units meets Goal 1, Appropriate Infill, discouraging suburban sprawl meets Goal 2, and creating attainable housing meets Goal 6. He suggested the Commissioners review what was adopted by other communities in Washington, Wisconsin, and California. A PowerPoint presentation was shown that discussed the benefits of the ordinance and how it relates specifically to Fayetteville. Conklin asked that if the Commissioners had any additional requirements or suggestions above and beyond those discussed, that he be notified. Each exhibit was presented and summarized. Commissioner Anthes asked if it will modify approved PZDs. Conklin stated that no, it's too complicated to do so with all Residential PZDs. Instead, Use Unit 41, Accessory Dwelling Units, will be added to the UDC and could be used to amend an existing PZD through the City Council process. Public Comment was received: Joann Kvamme, neighbor, stated she is concerned about small lot sizes. She stated that the amount of coverage on a lot be considered by the amount of impervious surface. She expressed drainage concerns and how the additional units would change the flavor of neighborhood. She expressed that ADU's should be looked at on a case by case basis. She thought this proposed ordinance was too risky for the City to blanket approval ADU's. She understood PZDs wont change, but once a person buys the property, they could change it after it is built. She also expressed concern that off-street parking won't be enough to serve the ADU. Dan Conner stated the main reason they haven't been approved is the whole neighborhood comes out and fights it. He suggested they keep ADU's as a conditional use permit. Conklin stated that the City does have lot coverage standards, but they don't have them for actual paving. With regard to previous ones, they typically aren't a problem if they are done correctly. if this is something we want to encourage, as affordable housing, or if there needs to be additional requirements to make it more prescriptive, please let staff know your ideas. Commissioner Anthes asked if development in PZDs can change. Conklin stated that no, the PZD ordinance goes with the Land_ Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 20 of 161 Commissioner Ostner asked about R-O zoning and ADU's. Conklin stated they tried to stay with just single-family, because they currently only allow one single family dwelling. Commissioner Ostner asked if there was an impact fee for an additional unit. Conklin confirmed that impact fees would apply to each new unit. Commissioner Ostner asked if there were separate water/sewer taps, or together? Conklin stated that lie has seen it done both ways. Commissioner Ostner stated it can get expensive to build an ADU. He questioned trash pick up and how that would be handled. He stated that Mr. Conner had a good point that people fight these requested-forADU's. He stated that there were no parameters in previous applications —no specific rules and that they probably should have been fought. He stated he thought 600 square feet was too big. He thought 400-500 s.f. would be more appropriate. He would like to see the ordinance say 400 s.f., instead. He stated that he lived in 420 s.f. with a roommate. He thought the Ordinance is terrific, to set up rules to promote ADU's. He stated that density is what is going to save this town. You can get more shops, and keep Dickson alive. This is a great way to do density right. Commissioner Winston asked about the size of the dwelling unit on the right in the slideshow. Conklin stated that he did not know but would find out. Commissioner Ostner stated he hopes that the entire property, both ADU and primary dwelling don't becomes rent houses. And that you could have six people living in these houses. Commissioner Anthes asked about a deed restriction on the property that requires owner occupancy for one of the units. Commissioner Ostner asked about the potential problem of an unscrupulous owner who doesn't occupy one of the units. Commissioner Bryant asked how the deed restriction worked and how it would be enforced. She asked what stops them from renting both out. Pate stated that if there is a violation of UDC, it will be prosecuted. Commissioner Cabe asked about the amount of buildable area, and how this ordinance would impact existing second dwelling units that did not go through CUP. He also asked about grandfathered units. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164,19 Amend. Page 21 of 161 Motion: Commissioner Myres made a motion to forward the request to ordinance review, Commissioner Cabe seconded the motion_ Commissioner Anthes stated she appreciates staffs work on research to produce a predictable outcome with this process. She discussed the benefits of this ordinance with helping to create additional income to allow citizens afford housing, the downsizing of families, and being able to stay in neighborhood. She stated that she supported this ordinance. Upon roll call the motion passed with a vote of 6-0-0. U,r,p Rrnak. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 22 of 161 (4.78.08)01arice Pearman - Re: CC items a proued I]4-i5-08 ps0e I. From; Jeremy Pate To: Pearman, Clarice Date; 4.16.08 1:25 PM Subject: Re: CC items approved 04-15-08 - CC: Conklin, Tim Tim is out on vacation today, but I've copied him on this message so he can get the correct ordinance exhibits upon his return thanks, Jeremy >>> Clarlce Pearman 4/16/2008 1:21 PM >>> Thanks Jeremy. What do you have an ordinance for ADM 4712 Amending 151, 159, 161, 162, 163 & 164? I appreciate your help, Clarice >>> Jeremy Pate 4.16.08 8:35 AM >>> Clarice, Please find the attached item, approved last night by the City Council: RZN 08-2936 (Mullins): ord + Exh A Please let me know if you have any questions. thanks, Jeremy Jeremy C. Pate, APA, ASIA Director of Current Planning City of Fayetteville Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Pape 23 of 161 Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION 1, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5128 April 23, 2008 Publication Charge: $416.73 Subscribed and sworn to before me This,�Z/day of , , 2008. Notary Public My Commission Expires: —MAr L., J- o / , v— Do not pay from Affidavit, an invoice will be sent RECE,\4ED MAY 02IOU C� N CLERK'S OFFICE Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164 19 Amend. Page 24 of 161 OFMU" 1Ci MO. 5126 AN ORDINANCE AMENDING TITLE UNIFIED E COPE OFFTHE CODE OF FAYET• tr ` 4EVELL)f+lAEf+Ti NO CHAPTER 151; DEFINITIONS, C!•IAAP'TERC159�FEES. CHAPTER 81 ZONING REGULAMNS, CFtAPTER 162. USE UNITS, CHAP- TER 163: USE iCOlICTIONS AND CHAPTER 184rye Ry DISTRICT RUNITSA EGULATIONS IN RAPPR �+ � J� � ORDSLIPER TO MA OWELU VALLA120N• ING DIS'T91CTS CDANTIN&E;NT UPONLUPIANNlNG OwSION ADMINISTRATTVE ■ \E,,,/~ Y4 gf rr IF.+.1iiVV__ l WWU Ay,, dna city of FaWavfge roe.00Nzes that accessory dwelling units provide an additional teafrsbras DI tha City surf+ as students and senior citizens And MAYfl� housing d)dca far nvM VfN"EAS, Me CNy of Faymovkiaa has Identified the naod for Increased housing optlOr15 and verF atwns in the existing Ci housing marvel end I ryM s in the the City o1 FayettevillerKel has determined that accessory dwelling units are Opp apde a C� OF F&ET NI'LL£ in reeldential zoning ddricw. And V/MERSA% the City of FaVenevilb racognizea that evict dealpn guidelines will minimize cited con- -• cITi GLeitlt'6 ()FFICE terns sborll appawfte.. rnass and scale: and fiff"IiRiff" Ina C;ly of FayetteWa racognizas rnai an administrative approval process will svearn- of additional accessory dwelling line the nt process and encourage the Construction units: and 11111EREA5r Accessory dwening trots that exceed the maximum standards prescribed in the pro- to the Planning Comrrusslon; posed ordinance may request a verlance from specific standards T11EilEFOR1% SE IT ORDAIMED By THE CITY COUNCIL OF THE CITY OF FAYETTEYILLS. ARKAMSASI Section 1. That Chapter 15t: Definitions is amended by adding Accessory Dwelling Unit end Exhibit'A' is attached hereto and made Principal Dwelling Unit to 5151.01, A copy of which marked a part hereof. Fees is amended by adding Accessory Ur>t $100.00 to Section 2. Thal Chapter 159: Dwelling §lsp.01,19p). Section ; Tne1 Champs 181: Zoning Regulations is amended by adding Use Unit 41: Accessory (Bx1), §161.05 (C), §161.06 (C), §161.07 (BN1), § 161:08 Dwg15 tittle n V661.03 (Bxt), §161.04 § t 61.09 (8)(1), and § 16123 (8)(1). Unit {B}(1). Seaton 4, That Chapief I62: Use Units is amended by adding Accessory Dwelling Units as Use 4tin §162.01. Section 6. That Cnagtar 163: Uso Widitions Is ernarided by Isnlvving DeleChed .lemon Dwelling and rmnoving all 01 6163 02; Detac hod Second Ow"110ing Units (Vf[ismy unita) from § 163.01 Useng, Units (Chi rbnny EHutd) and re -numbering the refrq.Indop of Chapter 163'. Use Ctxnd�t" aCceFdIN , Disvicl Rag>Aations 11 anlenood by addsng the pro- Section 6. That Chapter 164: SupplMraraAry posed languape in § 164, 19. a copy of which is r+aadced Fjrrr..11hl'B' attached hereto and Ada a pail hareci PASSED and APPROVED this the 15th day o1 April, 2008. APPPIOVED: ATTEST. By' Fly- DAIMCOODY, Mayne SONDRA ESMITH, Ctp CI aeu/1vOuv"lin EXHIBIT -A' Ctwpter 151; Defhrilions'a amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to §151.01: n,., v. lnir is a seoerela dwelling unit from d1e Accessory ows:ing Uenri. (Z,5aing, A.-. aCcS58,,y r'— no L g pAndpal dwel" Umi. 1000W Olt A single lorn'rty zoned tct. The ewnar of uhe lot shad permanently reside in either Iha Prlr i* dwaliing unit of the accessory dwrging urwl lGCbl d n the PlOPerty. d dwelling Principal Dwag:gg Urtr (Zoning) A PlfnciPal Dvreaing Unit Is Inn prmarylarger units k"od an A rdng'.a lot- EXHIBIT'B" Chapter 164: Supplementary District Regulations is amended by adding the lonowing section §164,19: Accessory Dwelling Units: 164.19 AcCessory DwZWO Units (AMJ) (A) Purpose. T111 purpose of the accVrSory dwelling Una, ordinance is to aurnGnze accessory an eats already daweloped or final will be davelOW con- . dxgIlog units in Catlti Zoning disuicfs eurrontly wilt sirgEafar'r .ly dwellings.. (0) Intent. Planning Slag Shen evalllaie the follo+X•ng rrilarla lot the review and approval 01 AA BCCee- sexy dueling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with !lie principal dwelling forms, height, construction materials, and colors. unit thrrxpIn arcMachxal::s,. a. -ultlin (2) The property "I have hrtheairucture (wafer, sewer, gas. electric, etc.) that rneets City standards the Accessory y dwsl5ng lira[. to serve (3) The argon and design at The accessory dwelling unit shall meet the required setbacks of the zonfrhp tiWrirt. (4) A Two— tory Aocossery Aiurvt multi ganereny IiMt die "'Of acCAs stairs, decks, entry doors. and major windows to the walls lacing the principal dwefFNlp, or to tits alley H applicable. rh,e h nid0 Of ram yard should _ r1::^z d urT ign a that IrrldAC1 Ina NI sin y el the rtaig h dal design d the eccasscxY lydf shauta innate 16 the design of the firinClpal residence efrd nW vtsuayy dominate it or the yalydundlnlg Pn7Aem105. 1a to i5j 1-no �rh®niailon"IO AbOA of tuddx+gs. sy"10`08, Open SpaCee And ether fa at iha to the erOnt t-pe. air_t thrubs shoutd protocl and FTLS: Lain naturalrosaurcea n 'k Wig o.gn;!h__nt feasible amp rnlNmfze afieralfgn of natural land forms. Building profiles, location end orrentalfon + Should relate to natural land farms (6) The Tito ptdm E 4%M IncoTPOto:e [Ow impact slorm w iler mitigation techniques, such as ctslarns, l rain barrels, parmaebie pavets, fain garoens, baJoefnous plants and Landscape berms. ShAl be %eghtf from thedensrequre- A0�_cl.a rnAmsr0( tedunderlyng rove; d'&hn�bnpermited by fee 5.000 1 mama o) the underlying 9, square feet or more in the lollowrng Lotting am.vic- (1)R-A ResidentialAgiiaullurel Single Family - Ono a •"-.cra honlW (3) RSF-1 Resi Scholl Family - One Unl Per AC (4) RSF - 2 AAcidaNeef Shngfe Family - Twv Unrs per ACfs (5) RSF - 4 RealdenlreJ Single Family -FOLK UR;Ia bar ACIs (All % - 7 Realder t a9 Single Family - Sewn Units per Acre (7p Ref - 8 RosidenAal Wo Fa nily - Eight Units par Acre [6) Ne Neipn6c4rcod Conservation (0) Aominl&tralHo Design Rs'tew and Approval. A9 accessory dwelling WAS 01 I IN Of the IaLorm Pnot to ing standards her admirtis1rn11ve apprpwet 4y if ZonkV arx,1 Oeve>opmallt, AdmhiepatOr. apomvd of an accessory dwelling ad 1. the Zoning and Devsloprnant Adminlsllator st++al Gad that: (1) Ma him SquAte Forst And Nwnber of Bedtcolns. Tina acC+asstny dwaUutg omit shall nDl' be man 600 sgn,A18 Feet d habitable ePAca vAth a Iriaxoriam of Die nedmc+m. DetaCned acces- height greater sory dwelling units located abiom garage space shall ba pomvmd so long = they rrla0l the requxemsra-heroin. r u40 om knCdifd (2) ZankAg. The SeCassary dwaging una shall cornply with Ail undarly^ng::orgM e9 busk Area, and setbacks with the, exception of density. Ing bA not 1"00 to building area. and (3)Pwkinp.. Ono Parking spacosrhanbeprovided on-sllefor each acCassorydveollingunit. Roqul'00 is to The requiTad Pertlrhp ion the PrinClpal dwaiin PlanningCommission perking for Ina Accessory dwelling unt n addtton uxhil, Oe-slraal p'a&rtq may be counted ;0%Mds the tolat parking +equfremenl wham it Is alkawed in March 14, 2016 the public righi-0I-way adjacent to (ne subjecn PuPt-y- (4) Exlstng Develnpnhent on Lot. A single•temily dwelling shag exist on the lot or snail be conslruct- the accessory dwelling urhil. No building permit snag be issued until this Agenda Item 7b 16-5340 Ch. 164.19 Amend. ad In cor4unccilon with requirement Is sal shed. _ _- - -- - Page 25 of 161 (5) M9idm Number 01 Avm-mffy Vwe;ling Units per lDl. A mtaxcrumof One accessory dwelling unil.shad be perrtumed b each lot. (a) Othar Gallo Roglauamenta. The aCcassor)r dweAing unit shad comply with the requirements of the City d Faye lowleo Warm BWddgf Coda. (7) water and Sewer, valet and aewei service for ttre accessory dwelling unit shell be Connected dwectiy to the pubic water mid Su"t ayslaxm, whale reasonably accessible in accordance with all, appfkabia ragutalions, and shall to rnWwod separa;aly from the principal residence. (8) 4?CWPW Cy. The propOrry VATWI most permanenlly occupy 04hner the nrincioal or accatsary dwawv und. (91 Maxlrrirum Occupsocy Of the Accessary Dwelling Unh. A maximum of wq parsons shall raastre in an accessary *waling unit. (10) RODW(slion of D wo ing Units, The principal and accessory dwelling unit anall be fegiclefed on an annual basis, it" the data Of approval, wrlh the Planning Olvision l0 vadry occupancy fegvira 1grH6. (11) Tree Pre$0tvatlon To pgxw exis(rtg (to Canopy 10 use g reams extent possible, prior to aippil- C81do IGr On 8CCOSWY dwelling unit. Cie applcanl shall consuhl with the UfOan rcre5ter, 10 prepare a site plan illustrating the doeabon at all VQARICarn uses. All algnlfleant from on the properly shall be adequately ptotoclad during Cansimcior, .any proposad removal Or signiLm t trues on the dra will rupulro the folkaMng at Via property owner. (a) TIM ap0)lOenl AUsI ShOW 0111 chit ramowai Of a Gtgn dCant Ir®a or seas Is, necessary in order m [Male the aOo*S8Ory dwalrrvg unfit on the 'bs a ni piso nitwit an coninbuting locaten roCuxernents Su0FI W building aelbacks, u" fr dMnege aaaernortW lopogreprty, Ole. (b) For avary'slgmilrCenl Ifea rarnovad the properly Owsnor ahafl toplaco gold use Will a laval of tau (2) Nvo- Tch catpar lgrga spec'se an ads trees Irian Me fist of approved Iran spaces :n a location deemed apprOprfate by the Utoan Foremer. (c) Should me Urban Forester rind justifiable cause to determine a slgnitic" tree or from were rontwed in an OVempt to thwart the intent of this ordinance prior to application for an accessory dwelling unit, the application shall not be approved administratively. (12) Building Height and Stories. (a) A once -Glory detached accessory dwelling unit shall be a maximum of 20 feet In height to the root peak measured from the existing adjacent grade. (b) A datachod accessory dwaring unu above on story" ba a rrauirnwrn Ot 25 teal in height to Me rod peak measured Iron Iha emilHwng adjacent grade. (c) An attached accas$ ry dwdlwg unit ray occupy a N&I or mcOnd story of a prindo t dweing unit and shall not in any instance be taller than the roof Ina G the principal erwaaing unit. (13) ectydimg Gaston. The arc hhactural dmlgn Of lire accessory dwelling unt shad reut!e to the design of the prOdpar dwairrg by Ills, use of '.collar exfarW wall matalniais. wiridOw typos, doer and window Vhrs, ro0tin9 rnd:663111 lurid (00I MCA. The f0eow'kt0 rneledals must be IIA, lmad for tWew of an appncaricn: (a) A material aernple board indicating type of materials and colors to be used on the exterior Of the building. (b) An architectural elovation drawing of all sides of the proposed structure. (c) Images or architectural elevations of the principal dwelling unit. 0 Slie Ran Requlrarnents. Three sets of detailed she plans are required with the foaow4ng inlorma- dpn: (1) Scale no smeller than 1' = 30' (one inch equals thirty feet) (2) A north arrow (3) Property lines (4) Locations and dimensions Of all rights-0I-way, utility, drainage and tree preservation easoments, and building setbacks (6) All existing and proposed structures with accompanying uses (6) Size of parcel in square feet or acres. (7) Size of all existing and proposed structures In square last (8) Name of the applicant or property owner, plan preparer, project name and project address in a title block (9) Partinent apacldf le rules such as drainage features, berms, fences, and retaining walls (10) Parking areal, inck ling drhrawaya, urah paving materials and dimensions (11) A landscape plan sramng the location of all proposed landscaping, size of plant materials and species (12) NO protection plan Including OR S:gnalcanl trees and proWtlon rneesur9s (F) liked ReSdicdals Befole OUtalning a building perailt for art #C40ssory chvelling unit the proper- ly vm*f snal Iwo +rile UMu 10ashingt0n Corny CWV8 p:fwo s dedareVon d restrictions conleining, a reference l0 the dead under which the pnOperry was ncquirod by the pimgl Owner and stating eat: 01 The accessary dsalling unit ahea not be soli 00081al0y (rpm the principal fasldence, (2) The accessory v np as restricted 10 the anpr0vad srze. (3) The pr©perty wanner sha'f at all lorries reside on Via pro"rty, (4) The BOO" reWlcW tS are 01ading upon any WCcsssOa in gvmarehlp Of Me proper,/ and shall run with the props rtyY (4) Pla rim Gamlllsslon Approval An applicant may taquosl apprwai from me Planning cornntission of a variance from pie max;ntum raqulrar*his Ior Giza (square `sell, h9is^ and Maio - field tgf tat accessory c+e!fnp unll, where unique oscumstancea exist and ilia erect V40 Aim adversely affect ad)oinlng or nelghbo Vg property Owners. Appllcanls may ask kr a varianta Iron Via faquireowl fur separate waist and sa war laps it a hardship 9 di ls. such as cif -ult access or l0�pog�rapvhy The applicant ahb7 provido mbcficaUgn to adjacent iproparry ownera prior to the date of (H) Usting 081KAW SOCOnd (Accessory) Dwelling Units. (1) Conforming Unite Easllng detached second dwelling units approved by the Manning CptrrnlssiOn by Ca ndtional We Mal constructed shell be considered a legal comfDming w4oswy dwelling on the property. Property owners shell realster the principal and gma&wry dwelling on an anouaf bMA with Vhe planning Divittor% (2) Norta»nlarrNng Unto. Smistng detechhed second dwelling units that were not approved by the Manning Ccrnnession &halt be conaldored rtpmconigr; rntng. An application for administrative approval may be Made 10 convert an axiSting, npnconfomming detached second dwelling unit to a contooming legal dslachod secard dwelling unit, wirers, Ina existing unit can meal the requirements morels. where an eXat=ng rgrtC0nID niftg second dwelling unit ex)sts as of the date of the edopdon cif this ordinance that can nor meet the requirements herein, the applicant may apply for a vaAanca 0 Cie fewrelyidnts shied. [it Nor, Ctmrarmino MrvctWea. Nora conforming sttuclutes nlav not be corrveited into an accassr>_ ry Oweaing unit uniess a variance has been grentod by fh0 Board of Adjustment. J) If the property O-tv 0010f19e1 resldea on Ina Property, tam ~at snail remove the cooking facil- ties from the Accessary DAmadag Una or the Cl1y snag (urn off water service to the ACCessory anrefing Unit. M) Violation. Vlotatlal of the requiernenls herein shalt be prosecuted to Vie maximum extent of the aw. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 26 of 161 Mayor Dan Coody , City Attomey Kit Williams s City Clerk Sondra Smith ARKAiHSAS City of Fayetteville Arkansas City Council Meeting Minutes Mareb 18, 2008 City Council Meeting Minutes March 18, 2008 Page 1 of 19 Aldermen Ward 1 Position 1—Adella Gray Ward 1 Position 2 — Brenda Thiel Ward 2 Position i — Kyle B. Cook Ward 2 Position 2 — Nancy Allen Ward 3 Position 1 — Robert K. Rhoads Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 — Shirley Lucas Ward 4 Position 2— Lioneld Jordan A meeting of the Fayetteville City Council was held on March 18, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, .Jordan, Mayor ` Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Deputy City Clerk Amber Wood, Staff, Press, and Audience Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: This is the first live web strean-ling meeting exercise we are going through and Amber Wood, Deputy City Clerk is working with the company that is live web streaming. Presentations, Reports and Discussion Items: Sustainability Report: John Coleman, Sustainability Coordinator gave an update on the sustainability efforts of the city. He stated the utility costs are down from last year, but this is not a trend because more data needs to be collected. He has set up a sustainability team that is made up of City employees. Alderman Thiel thanked John for his service and the work that he has done for the Environmental Concerns Committee. 1 13 Vilest Mountain 72701 (479) 521-7700 (479) 575-&257 (Fax) a ccessfayotevi lle. org Planning Commission March 14, 2016: Agenda Item 7b 16-5340 Ch. 164A9 Amend. Page 27 of 161 City Council Meeting Minutes March 18, 2008 Page 2 of 19 Nominating Committee Report: Alderman Cook presented the Nominating Committee Report. A copy of the report is attached. Alderman Ferrell moved to approve the Nominating Committee Report. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: None Consent: Approval of the March 04, 2008 City Council meeting minutes. Approved Landers Ford State Vehicle Purchase: A resolution approving the purchase of two (2) compact extended cab 2X4 pickup trucks from Landers Ford through the state vehicle purchase contract in the amount of $23,784.00 for use by the Meter Division. Resolution 52-08 as Recorded in the office of the City Clerk. Bid # 08-17 Truck Centers of Arkansas: A resolution awarding Bid # 08-17 and approving the purchase of two (2) tandem axle dump trucks from Truck Centers of Arkansas in the amount of } $200,050.00 for use by the Water & Sewer Division. y Resolution 53-08 as Recorded in the office of the City Clerk. Bid # 08-18 Truck Centers of Arkansas: A resolution awarding Bid # 08-18 and approving the purchase of two (2) tandem axle dump trucks with auxiliary hydraulics from Truck Centers of Arkansas in the amount of $210,960.00 for use by the Transportation Division. Resolution 54-08 as Recorded in the office of the City Clerk. Bid # 08-19 Truck Centers of Arkansas: A resolution awarding Bid # 08-19 and approving the purchase of one (1) tri-axle dump truck from Truck Centers of Arkansas in the amount of $106,259.00 for use by the Transportation Division. Resolution 55-08 as Recorded in the office of the City Clerk. Bid # 08-20 Truck Centers of Arkansas: A resolution awarding Bid # 08-20 and approving the purchase of three (3) recycle trucks from Truck Centers of Arkansas in the amount of $471,873.00 for use by the Solid Waste & Recycling Division. Resolution 56-08 as Recorded in the office of the City Clerk. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164 19 Amend. accessfayetteville_org Page 28 of 161 City Council Meeting Minutes March 18, 2008 Page 3 of 19 Bid # 08-21 Downing Sales and Service: A resolution awarding Bid # 08-21 and approving the purchase of one (1) drop box truck from Downing Sales and Service in the amount of $158,735.00 for use by the Solid Waste & Recycling Division; and approving a budget adjustment in the amount of $1,805.00. Resolution: 57-08 as Recorded in the office of the City Clerk. Bid # 08-22 Truck Centers of Arkansas: A resolution awarding Bid # 08-22 and approving the purchase of one (1) container carrier truck from Truck Centers of Arkansas in the amount of $76,423.00 for use by the Solid Waste & Recycling Division. Resolution 58-08 as Recorded in the office of the City Clerk. Bid # 08-23 Scruggs Equipment Company: A resolution awarding Bid # 08-23 and approving the purchase of one (1) knuckleboom truck from Scruggs Equipment Company of Memphis in the amount of $90,332,00 for use by the Solid Waste & Recycling Division. Resolution 59-08 as Retarded in the offce of the City Clerk. Bid # 08-26 Golden Circle Ford: A resolution awarding Bid i# 08-26 and approving the purchase of one (1) crew cab dump truck from Golden Circle Ford of Jackson, Tennessee in the amount of $46,504.00 for use by the Transportation Division. l Resolution 60-08 as Recorded in the office of the City Clerk. Bid # 08-27 Longo Toyota: A resolution awarding Bid # 08-27 and approving the purchase of two (2) compact hybrid sedans from Longo Toyota of Los Angeles, California in the amount of $44,360.00 for assignment to the rental pool. Resolution 61-08 as Recorded in the office of the City Clerk. West Side Wastewater Treatment Plant Deed Restriction: A resolution approving a deed restriction covenant for the West Side Wastewater Treatment Plant Qutfall Site as required by The U.S. Army Corps of Engineers Section 404 Nationwide Permit Number 14207-1. Resolution 62-08 as Recorded in the office of the City Clerk. Arkansas Western Gas Company Agreement: A resolution approving an agreement with Arkansas Western Gas Company in the amount of $397,000.00 for relocation of gas lines and appurtenances to allow construction of improveiT ents to Mount Comfort Road. Resolution 63-08 as Recorded in the office of the City Clerk. Arkansas Highway and Transportation Department Agreement: A resolution approving preparation and execution of an agreement with the Arkansas Highway and Transportation Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayettevi➢e.org Page 29 of 161 City Council Meeting Minutes March 18, 2008 Page of 19 Department for the city to take over maintenance of Shiloh Drive between Garland Avenue and Mount Comfort Road. Resolution 64-08 as Recorded in the office of the City Clerk. Peace at Home Shelter Building Permit Fee: A resolution to waive the building permit fee and other developmental fees for the construction of the Peace at Home Family Shelter. Resolution 65-08 as Recorded in the office of the City Clerk. 2008 Assistance To Firefighters Grant: A resolution authorizing the Fayetteville Fire Department to apply for a Department of Homeland Security 2008 Assistance to Firefighters Grant in the amount of $300,000.00 to replace self-contained breathing apparatus (SCBA) and a SCBA Mobile Cascade system. Resolution 66-08 as Recorded in the office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda as read. Alderman Cook seconded the motion. Upon roll call the motion uassed unaniniouslv. Alderman Allen: This is an enormous number of trucks and a lot of money. Were they all bought at the same time and so they are all going out of commission at the same time? Why is there such a large number? David Bragg, Fleet Operations Superintendent: This is really not an unusual amount of equipment for what we do every year. This year we have just gone about it a little differently. We are doing all the acquisitions in the first half of the year. Our budget is up a little over previous years. It is a cyclical thing where we go on an eight to ten year service life. Some years we have more equipment that comes due than other years. The money is accumulated into the fleet fund on an even basis so that money will be available in the fleet fund when the vehicle is due for replacement. There is another fairly large group of vehicles coming up for approval next month but that is essentially the end of the acquisitions for this year. We have a fleet with a value of over $25 million. We have to spend $1.5 million to $2.5 million every year just to stay even. Mayor Coody: To replace old equipment as it phases out. David Bragg: Yes. Alderman Ferrell: There were some vehicles that the equipment committee did not approve. If you are flush in money then you can afford a great fleet, if you are not you can't_ Unfinished Business: Hiriny- Freeze: 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fay et tev i l l e_ org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 30 of 161 City Council Meeting Minutes March 18, 2008 Page 5 of 19 Hiring Freeze Appeals: A resolution to approve the hiring of replacement employees Animal Services — One Animal Services Officer and One Animal Services Caregiver Jim Hatfield, Animal Services Superintendent: The caregiver position was created when we promoted from within_ We promoted one of the caregivers to the vet assistant position. By promoting from within we have opened another position. We have an officer position also. By continuing this position it will save us overtime on call pay for two senior officers when we look at overtime emergency on call pay. Alderman Lucas: Do they not get paid overtime and on call pay when they are called at night. The other officers could not cover that? Jim Hatfield: Yes but the two senior officers are paid more. There are two other officers and they are paid about mid level. Mayor Coody: You could cover this slot but it would be more stressful for the staff and you would be using more expensive people at a higher overtime rate to cover for this entry level position. Jim Hatfield: Correct. Alderman Ferrell: These are replacement positions correct? Jim Hatfield: Absolutely. Mayor Coody: We aren't bringing new positions forward. Alderman Lucas: Is this an increase to a full time position? Jim Hatfield: We have the caregiver slot that is open; we have a part time person that is trying to cover that position. Alderman Thiel moved to approve the Animal Services Officer and the Animal Services Caregiver position. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. One Animal Services Officer — Approved One Anima] Services Caregiver —Approved Human Resources — Administrative Assistant Missy Leflar, Human Resources Division Manager: I am losing 20% of my work force which is one person. We did have five full time positions and one part time position. This past November my division voluntary cut the part time position in an effort to help the City with budget cuts. If we lose this position we can not keep the balls juggling in the air.' Each of us Planning Commission March 14, 2016 Agenda Item 7b 1I3 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayetteville.org Page 31 of 161 City Council Meeting Minutes March 18, 2008 Page 6 of 19 would have to man that front desk two hours per day and make sure her other work got done as well. Our staff is at a current level of five which is under sized for an organization with the number of employees we have. Seven HR staff members would be the medium number and we have five. I would like to request that you allow me to replace this position. It is not a new position. Alderman Ferrell: Do you have any indication of whether the replacement person would be a new hire or a transfer? Missy Leflar: No sir, we would post it internally as well as run a job advertisement. Alderman Ferrell: Chances are that a new person would cost less wouldn't it? Missy Leflar: I should hope so. Alderman Rhoads moved to approve the Human Resources Administrative Assistant position. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. Human Resources Administrative Assistant - Approved Resolution 67-08 as Recorded in the office of the City Clerk_ �1 Ambulance Service Interlocal Agreement: A resolution to approve an interlocal agreement for ambulance service by and with the City of Fayetteville, Washington County, Elkins, Farmington, Goshen, Greenland, Lincoln, Prairie Grove, West Fork, Winslow and Johnson, and to establish the ambulance authority and Central Emergency Medical Services as the exclusive emergency and non -emergency ambulance service within the cities. This resolution was tabled at the March 4, 2008 City Council ineeting to the Dlarch 18, 2008 City Council meeting Mayor Coody: You guys came to some terms in the past few days haven't you? Alderman Jordan: Yes we have. There were funding issues and equipment cost reimbursement and other issues. I had concerns about Springdale not being involved. Other things that were discussed were price per capita, which all cities will pay the same per .capita. Exclusivity was also passed by the committee. I think it is an agreement that is good for both parties in general. City Attorney Kit Williams: We have had some very good committee meetings. We made some changes to the agreement that would be a positive improvement for everyone involved. Kit explained the conditions of the agreement. Alderman Lucas: After 2011 the equipment will be owned by the authority. Planning Commission March 14, 2016 Agenda Item 7b 1 l3 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayette'Alle.org Page 32 of 161 City Council Meeting Minutes Parch 18, 2008 Page 7 of 19 City Attorney Kit Williams: Yes. Everything that is purchased new by the authority is going to be the authority's from day one. Equipment that has been transferred by another party if they have not left the authority by July 1, 2011 all the property will be the authority's property. Jeff Dick with Arkansas Paramed Transfer: We are nonemergency providers within the City of Fayetteville. I understood it would have to come before the City Council another time to vote for exclusivity. Alderman Ferrell: Tonight. City Attorney Kit Williams: The amendment itself does not require it but the resolution that would adopt this does authorize exclusivity for nonemergency services. That part of the resolution would have to be removed or else exclusivity would be granted tonight_ Jeff Dick: I would like to ask the Council to reconsider the exclusivity part. You would be going to a drastic step of granting a monopoly to one provider and you would basically be pushing the other providers out. 1 would like to see competition in the market place. John Gibson, Chairman of the Board of Central EMS: When we thought about putting the board together, we put a hospital and nursing home representative on the board. I suspect they will be looking very seriously at the rates that are charged to their businesses for nonemergency service. We have a good agreement that I think we can all live with. He thanked the people that worked on the agreement. Mayor Coody: Thanks for your patience. The County and the City have always been good partners and I am glad we will be able to continue this great relationship that we have. John Gibson: I am going to stay around and make sure that this ambulance service is as good -or better than it is right now. Rick Wilcox, owner of Northwest Medical Transfer: I disagree that it is automatic money in your pockets to create a monopoly. I pulled out of Fayetteville about a year and a half ago. He discussed an independent study that was done on ambulance services. He discussed Medicare payments that are received for ambulance service. He said insurance is a tough business to deal with. Alderman Jordan gave a summary of the proposed contract. Alderman Thiel: The recommendation from the conunittee is to approve this? Alderman Jordan: Yes. Alderman Thiel: I appreciate the concerns from the private businesses about exclusivity. Looking at the potential for possible savings to the citizens of Fayetteville is one of the reasons we started this discussion several years ago. She quoted what the City Attorney wrote in a memo Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayetteville.org Page 33 of 161 City Council Meeting Minutes March 18,2008 Page 8 of 19 about exclusivity. Based on this memo and the committee recommendation I support exclusivity. Mayor Coody: Central EMS if granted exclusivity will contract out with the private folks to handle the load that they can't. Alderman Ferrell: I think all of us want to have good ambulance service. l want to thank the committee. I do not support exclusivity in ambulance service. EMS today is in the nonemergency business. They are another provider. Alderman Lucas: This has bothered me to have exclusivity. A discussion followed on the contract. Alderman Allen: I spoke to several nurses and the exclusivity was troublesome to them. What percentage of nonemergency transfers is being done by EMS now? Becky Stuart, Chief of Central EMS: We do about 120 nonemergency calls per month. Alderman Allen: Could someone need a nonemergency transfer and be unable to be transferred for a lengthy period of time? Becky Stuart: We would be able to learn more about the call volume and add resources through the authority and Central EMS. We might have to have another provider that we contract with to i come in and help with the peak demand times. Alderman Allen: So these other companies could come in at that time even if we go with the exclusivity? Becky Stuart: That would be through a contractual agreement between another provider and the EMS Authority. Alderman Rhoads: If they don't do what they say and don't hire someone else then we will get complaints and they will change their ways or we will go non exclusive. Alderman Thiel: Didn't you say that if this passed you are going to add a truck or two`? Becky Stuart: Right now we have the infrastructure in place and we are able to add two ambulances a day, Monday through Friday 8-5 which is when most of the nonemergency calls occur. Alderman Jordan: You said exclusivity could be a gain for the City of Fayetteville. City Attorney Kit Williams: At least for the authority and that would mean that we would not have to pay as much subsidy. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfay ettevil le_ org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164 19 Amend. Page 34 of 161 City Council Meeting Minutes March 18, 2008 Page 9 of 19 Becky Stuart: It will be a gain to the overall system both emergency and nonemergency. Alderman Jordan: Do you have any estimates on how much that could be? Becky Stuart: At this time our estimates are $300,000 net per year. Alderman Allen: Did the committee have any concern about competition? Alderman Jordan: Yes. Alderman Lucas: When you have exclusivity you can designate different staff and vehicles for those transfers which helps. Becky Stuart: Yes. Currently all of the ambulances that are in place for Washington County and Fayetteville through Central EMS are paramedic level certified. That is the highest and most expensive level. If we know how many nonemergency calls and what time of day they are scheduled we can put on a nonemergency basic life support ambulance. We can then match the resource with the type of call. We feel this is a better use of our resources. Alderman Ferrell: If you have to call someone that you are contracting with to help there wouldn't be any Correlation between whether they had insurance or not in a situation like that. Becky Stuart: Absolutely not. Alderman Cook: When we first came into this I was against exclusivity. Since then I have kind of swayed. 1 think it would be a mistake at this point if we didn't at least give this a try. Alderman Ferrell moved to amend the resolution to remove exclusivity of non -emergency transfers services from the agreement. Alderman Jordan seconded the motion. Upon roll call the motion failed 1-7. Alderman Ferrell voting yes. This amendment failed. Alderman Jordan thanked several individuals for their work on this. Alderman Lucas thanked several individuals for their work on this. Alderman Gray moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the resolution passed 7-1. Alderman Ferrell voting no. Resolution 68-08 as Recorded in the office of the City Clerk. John Gibson: Thanked each member of the Council for working on this. A discussion followed on the appointment of someone to this board. 113 West Mountain 72701 (479) 521-7700 (479) 575-9257 (Fax) accessfayettevil ie_org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch, 164.19 Amend. Page 35 of 161 City Council Meeting Minutes March 18, 2008 Page 10 of 19 New Business: I Economic Development Strategic Plan: A resolution to approve a budget adjustment in the amount of $75,000.00 to match a similar expenditure of the University of Arkansas Technology Development Foundation to jointly hire a consultant for Phase One of an Economic Development Strategic Plan. Gary Dumas, Director of Operations gave a brief description of this resolution. He stated they are trying to create an economic development vision statement followed by a fairly detailed strategic plan. The University has agreed to partner with us for half of this, up to $75,000, All we are doing today is appropriating the funds. Alderman Cook: I thought this was a partnership with the University and now you are saying we are contracting with the University. It sounds like the University is taking the lead on it. Gary Dumas: It is a partnership. We thought it was best to go through their selection process, just like we do a normal selection process. If you choose to have the City in the lead I would have to talk to the University but I don't think there would be any problem with that. Alderman Cook: This came from the City initially. I don't disagree with partnering with the University, I think that is a good thing, but I don't want the citizens to feel like we are throwing money at the University and they are bringing somebody in here. City Attorney Kit Williams: Would it not be possible to have a joint selection? Gary Dumas: That is what the process is going to be. Alderman Allen: I thought that part of our process was to bring forth our ideas about economic development to the table. It seems to me in these difficult economic times that should be where we start rather than with a consultant. I find it problematic particularly in tough economic times to bring in a consultant. Gary Dumas: 1 suppose if the City Council wants to take that direction you certainly can. The recommendation to you is that we solicit outside assistance to gain from their prior experience and knowledge and to gain a new point of view of our local issues. What outside services will bring is facilitation of constructive discussion bringing that diverse knowledge and diverse opinion into a consolidated statement with which all sides can identify and move forward toward the achievement of our common objective a sustainable, successful, Fayetteville economy. He read a brief statement from the University about bringing in a consultant. I think the staff and those at the University that have participated feel that a fresh prospective from the outside, and in the essence of time, it is best to use external services. Alderman Allen: I have concern for economic development in Fayetteville too. It seems like we should have started six months ago rather than with a consultant. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayetteville_org Page 36 of 161 City Council Meeling Minutes March 18, 2008 Page 1 i of 19 r Mayor Coody: We brought in Dover Kohl to do our Downtown Master Plan. We have plenty of expertise in house to do it if they had nothing else to do. We would not have been able to focus on it like Dover Kohl did. They brought some very uiteresting and workable ideas to Fayetteville. Economic development is not a single thing that we do. We have been doing economic development seriously for the last seven years and I am very pleased with our progress. It is time to ratchet it up and go to the next level. Phil Stafford, University of Arkansas: Every thing we have been trying to do is to accelerate the process. The concern about whether we are using outside consultants or not is really directed at the efficiencies. You will be a part of that vision and process. Having someone that can help us to guide us and keep us focused I think is the real value of working with outside consultants. I believe we will achieve better results by utilizing outside services that will help us to participate in a team like fashion. Mayor Coody: One of the things I am excited about is the potential to really capitalize on the sustainability issue. Phil Stafford: We have a history of partnering together. I think we are now able to take advantage of some of the additional strengths that we have been able to develop and couple that with new initiatives within the region. Alderman Cook: I think there is some value with bringing someone in from the outside. Ultimately we are trying to attract from outside the community- We want to bring jobs here, to me that is the bottom line. Those jobs are going to be created by someone investing that money from outside the community. I think when we have that view and we get suggestions that ultimately we can create a better strategy. Alderman Rhoads: I look forward to and endorse bringing someone else in. I think we have talented people at the University of Arkansas and with the City. I do not discount the smart people that are here. This is an opportunity to take this to another Ievel and take advantage of folks that have done this before. Alderman Allen: I agree with what Alderman Rhoads said. My point of disagreement was the process where I thought we would have more input. My concern is having a consultant at a time when we didn't give raises to people on our staff; because of tough economic times. That makes it hard for me to justify. It is not because I don't value our goals and that we need to do every thing we can in order to do the best job we can with economic growth in Fayetteville and have the proper kind of growth. Alderman Ferrell: This money is coming out of the economic development fund and I think that is an appropriate place for it to come out of. I think we are over due. We don't have the luxury of waiting any longer. I think we need to have agreement on how to be successful and I think this partnership can direct us toward that. Alderman Cook: If this actually works we will see what we have gotten from Van Scoyoc and much more in the long run. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil l e_org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 1 64. 19 Amend. Page 37 of 161 City Council Meeting Minutes March 18, 2008 Page 12 of 19 Alderman Jordan: Why is FEDC or the A&P Commission not partnering with us on this? Gary Dumas: There is no reason that they are not. FEDC looks to the City to provide guidance on what direction the City wants them to go. They are an implementer of your vision not the creator- of the economic development vision. They are here to make things happen after you decide where we should go. This creates that plan so they have guidance and then we can actually measure success. Alderman Jordan: If they are going to benefit from it. City Attorney Kit Williams: It is not absolutely clear that A&P could donate money in this particular area. I have not researched that. Alderman Jordan: That is a concern of mine. Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 6-2. Alderman Allen and Jordan voting no. Resolution 69-08 as Recorded in the office of the City Clerk Norman Company: A resolution approving the purchase of office equipment and furniture from Norman Company through U.S. Communities in the amount of $29,948.88 for the new West Side Wastewater Treatment Plant; and approving a contingency of $1000.00. David Jurgens, Water and Wastewater Director: This is the furniture purchase for the West Side Treatment Plant. Alderman Ferrell voiced his concern about the cost of the chairs. He stated he will not vote for this. Alderman Gray: I am going to vote for this. I want us to have furniture that is going to last_ I would rather buy a good chair from the beginning and have it last a long time. The staff has given us their recommendation and I support it. Alderman Thiel: A selection committee reviewed this and we do want to buy quality furniture because in the long run it pays for itself Alderman Ferrell: Who was on the selection committee? David Jurgens: It wasn't a selection committee; it was two of my employees and one OMl representative. Alderman Ferrell: As the plant comes on line they will not be spending as much time there is that correct? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) a c ces sfa y ette vi l l e. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 38 of 161 City Council Meeting Minutes March 18, 2009 Page 13 of 19 David Jurgens: The wastewater plant now is manned 24/7. The new plant as time goes on will be able to cut the night shift but the operation staff will still be a 16 hour a day operation. Alderman Lucas: I have a little bit of a struggle with the cost of the chairs. David Jurgens: The average price is just under $100. We tried to select furniture that was appropriate for the location and the use. We selected furniture that met the sustainable green type requirement. We followed the City's purchasing policy. We choose industrial grade furniture rather than standard or residential grade - Mayor Coody: The people that have been building the wastewater treatment center have been doing a marvelous job on value engineering and making sure we get the best bang for our buck out there. OMI has done a stupendous job for the City of Fayetteville as far as managing our wastewater treatment center_ Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 4-4. Alderman Gray, Thiel, Cook, and Rhoads voting yes. Alderman Allen, Ferrell, Lucas, and Jordan voting no. Mayor Coody voted ves to pass the resolution. Resolution 70-08 as Recorded in the office of the City Clerk j Arkansas Highway & Transportation Department Proposal: A resolution approving a proposal from the Arkansas State Highway and Transportation Department (AHTD) to widen Crossover Road from Mission Boulevard to Joyce Street; and reaffirming the City of Fayetteville's commitment of $7,700,000.00 to the project. Ron Petrie, City Engineer gave a brief update on the project. He gave the four possible options. He stated the Street Committee voted 3-1 to use the second option which was to use the City commitment of $7.7 million and proceed with the project. Alderman Thiel: This project will proceed from Highway 45 to Joyce Street. Alderman Jordan: The Street Committee recommended this option. Alderman Thiel: I heard from a lot of people that supported following the plan that was originally given to us. I support doing it like this. Alderman Allen: I also support building it like this. Alderman Lucas: I also support this. Alderman Ferrell: I voted against this at the Street Committee meeting however I will support it tonight. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayetteville.org Page 39 of 161 City Council Meeting Minutes March 18, 2008 Page 14 of 19 Alderman Thiel moved to approve the resolution. Alderman Jordan seconded the motion. Upon roll call the resolution passed unanimously. Resolution 7I-08 as Recorded in the office of the City Clerk Transportation Bond Program Funds: A resolution approving the use of existing Transportation Bond Program funds to proceed with the Van Asche Boulevard extension to the west of Gregg Avenue upon formal acceptance of an annexation from the adjoining property owner WG Land Company Limited Partnership. Ron Petrie gave an update on this proposal. He said there was specific language within this agreement having to do with the industrial zoning within the cavern area and the commercial zoning for the remaining property when it is annexed or when it is developed. Alderman Jordan thanked Alderman Thiel because some of this funding is coming from a project that was proposed for Ward 1. Alderman Thiel: This is just delaying the proposed Fifteenth Street project. Alderman Allen: This is the right thing to do. Alderman Cook: My concern is the de -annexation. That will be a fight. Gary Dumas: The annexation and de -annexation is not going to be an easy task. Alderman Cook: What if the City of Johnson says no to the de -annexation? City Attorney Kit Williams: This has happened before between other cities with property owners. A property owner has the right, if the city that he is currently a member of doesn't provide the kind of services that another city would offer, to go to court to require de-amnexation from the other city, if the new city is willing to accept him in and offer the services that he can't get from the prior city. I think that is the situation that we have right now in this particular property. Alderman Cook: Is that a lengthy process? City Attorney Kit Williams: Yes. Gary Dumas: I sent a letter to the City of Johnson proposing a negotiated agreement. Alderman Cook: If we agree to this nothing happens until that land is in the City of Fayetteville? Gary Dumas: I think that we should probably proceed with the design that will be done internally. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Pax) 16-5340 Ch. 164.19 Amend. accessfayetteville.org Page 40 of 161 - City Council Meeting Minutes March 18, 2008 Page 15 of] 9 A discussion followed on a proposed amendment. Alderman Lucas moved to approve the resolution. Alderman Jordan seconded the motion. Upon roll call the resolution passed unanimously. Resolution 72-08 as Recorded in the office of the City Clerk Red Oak Park Streambank Improvements_ A resolution approving a revised project design for the Red Oak Park Streambank Improvements submitted by the Arkansas Game and Fish Commission Region 1 Stream Team. Carole Jones, Fayetteville Parks and Recreation: We have had discussion since this was tabled. Residents of Ward 4 voted and agreed that we should proceed with the Arkansas Game and Fish Commission design. They also wanted us to work on the master plan of park once we get the stream finished and the possibility of looking at rain gardens in conjunction with this. David Evans, Arkansas Game and Fish Commission I don't see any change from what I said before. The slight narrowing of the channel from the modification that you asked me to make I am not willing to modify it any farther down than that. Lowell Boynton, Bell Gabel Chapel Owner: I sent my comments to everyone in written form. I think there is a lack of appreciation for how much water is coming down through there. Aubrey Shepherd, citizen: I think- this is a chance to educate people. This is a poster child for bad development. Valerie Biendara, citizen thanked Alderman Jordan and Lucas for the meetings they had regarding this. She also thanked Carole and Connie from Parks and Recreation for their hard work to see something done with this park_ I appreciate the Council voting on this and giving us our park back. Paul Becker, Finance Director reviewed the funding for the project. if the Council wants to use park land dedication funds they would need to amend the resolution. This is currently budgeted in the capital improvement fund. A discussion followed on the funding for the project and where the funds are coming from. A discussion also followed regarding future park land dedication funds. Alderman Ferrell moved to amend the resolution to use Park Land Dedication Funds in the amount of $39,578. Alderman Jordan seconded the motion. Upon roll call the motion passed 5-2. Alderman Gray and Thiel voting no. Alderman Jordan moved to approve the resolution. Alderman Lucas seconded the motion. Upon roll call the resolution passed unanimously. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayetteviHe- org Page 41 of 161 City Council Meeting Minutes March 18, 2008 Page 16 of 19 Resolution 73-08 as Recorded in the office of the City Clerk ADM 06-2380 Amend Chapters 166 & 172: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 166: Development and Chapter 172: Parking and Loading in order to adopt Urban Residential Design Standards. City Atlorney Kit Williams read the ordinance. Alderman Lucas moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent during the vote. City Attorney Kit Williams read the ordinance. Karen Minkel, Planning Division gave a brief update on the proposed ordinance. Planning Commission forwarded this ordinance to the Ordinance Review Committee with a vote of 7-0. The Ordinance Review Committee forwarded this ordinance to the City Council with a vote 3-0. Alderman Ferrell: Was there any thought about the PZD's being able to be considered? Jeremy Pate, Director of Current Planning: For this particular item a PZD would not likely utilize these standards. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5118 as Recorded in the office of the City Clerk. ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164. An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteNille.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 42 of 161 City Council Meeting Minutes March 18, 2008 Page ) 7 of 19 Leif Olson, Planning Division: The Planning Commission forwarded this to the Ordinance Review Committee with a vote of 6-0. The Ordinance Review Committee forwarded it to the City Council with a vote of 3-0. He gave a list of proposed requirements from the Council of Neighborhoods. There was a discussion on the proposed changes from the Council of Neighborhoods. After discussion this was left on the first reading and sent back to the Ordinance Review Committee to review. Alderman Allen: I have concerns about implementation and how this will be regulated. Basically I think it is a really good ordinance. Jeremy Pate: We looked at utilizing this for PZD's but we didn't get a lot of support for that. We dial not feel it was the right thing to do to propose these as a use by right for PZD's Alderman Thiel: During the Ruskin Heights discussion this was a big issue so I appreciate that being looked at in a different way. This ordinance was left on the First Reading. ADM 08-2927 (Stadium Centre Cottages): An ordinance amending a Residential Planned Zoning District entitled R-PZD 06-2212, Stadium Centre Cottages, located at the SW corner of One Mile Road and Sandra Street, containing approximately 2.45 acres, to reflect revised lot width and lot area requirements as described and depicted herein. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the proposed ordinance. Planning Commission voted -unanimously to support this amendment. Alderman Lucas: This does not increase the density. Jeremy Pate: That's correct, AldermanJordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Allen was absent during the vote. City A ttorney Kit Williams read the ordinance. Alderman .Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Allen was absent during the vote. City Attorn y Kit Williams read the ordinance. 113 west Mountain 72701 (479) 521-7700 (479) 575-5257 (Fax) accessfay etteville. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164-19 Amend. Page 43 of 161 City Council Meeting Minutes March 18, 2008 Page 18 of 19 Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Allen was absent during the vote. Ordinance 5119 as Recorded in the office of the City Clerk. Amend Chapter 72 Parking Regulations: An ordinance to amend Chapter 72, Parking Regulations, of the Fayetteville Code by enacting §72.59 EcoTag authorized for free parking at long term parking meters. City A tterney Kit Williams read the ordinance. John Coleman, Sustainability Coordinator gave a brief description of the proposed ordinance. He stated this will cost very little money in time on behalf of staff. Mayor Coody: I asked John to bring this forward because I have been supportive of encouraging people to buy as fuel efficient vehicles as possible. Alderman Thiel: I support this. I feel it is sending a signal to our city and other cities that we value this. Alderman Gray: I think we need to do anything we can to encourage people to save gas and this is one more way we can encourage them. Alderman Allen: I am not sure this is the way to reward. I would like for us to think of other ways we can reward. This seems it discriminates toward the poor. Alderman Ferrell: I think it was a good intention but a bad application. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance Dillon Ferrell: I believe the ordinance as written is ill-advised at this tune. We are in a budget short fall and cutting parking revenue even in a slight way would jeopardize other programs in the city. This does not take into account electric vehicles. There are a number of motorcycles that would far exceed the 40 mile per gallon rating. I feel to limit to strictly four wheel gas pedestrian powered vehicles at this point would send the wrong message from the City. Mayor Coody: These cars would have to meet certain mileage standards and as technology improves if EPA says that a car meets the high mileage standards then they might be available to take advantage of the program too. If the program becomes so popular that we see a real hit to the budget we could always scale it back or do away with it. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 44 of 161 City Council Meeting Minutes March 18,2009 Page 19 of 19 Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 2-6. Alderman Gray and Thiel voting yes. This ordinance failed. Amend Chapter 150 General Provisions: An ordinance to Amend §150.12 Penalty of the Unified Development Code of the Code of Fayetteville to refer back to §10.99 General Penalty of the Code of Fayetteville. CityAttorney Kit Williams read the ordinance. City Attorney Kit Williams: In the UDC this only had the title and nothing written under it. I suggest that we include the language to refer back to the general penalty section of our entire Code of Fayetteville. Alderman Cook moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was absent during the vote. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Thiel was absent during the vote. Ordinance 5-120 as Recorded in the office of'the City Clerk. Meeting ac ' _ urned at 9:20 PM 4h.r.�.t.ty Dan Coody, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) a ccessfayettevil le, org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 45 of 161 Nominating Committee Report Meeting Date: March 13, 2008 Room 313, City Hall 5-OOpm Members present: Kyle Cook, Adella Gray, Shirley Lucas Also present: Nancy Allen, Robert Ferrell The following is being submitted by the Nominating Committee to the entire City Council for consideration. Board of Adjustments The committee recommends the following candidates for appointment: Bob Kohler — one term ending 3/31/13 Steven Bandy — one unexpired term ending 3/31/10 Civil Service Commission The committee recommends the following candidates for appointment: Steve Coppinger — one term ending 3/31/14 Fred Vorsanger — one term ending 3/31 /14 -. Construction Board of Adjustments and ,X )e;i is The committee recommends the following candidate for appointment: Jim Key — one term ending 3/31/13 Fayetteville Public Library Board of Trustees The committee recommends the following candidates for appointment: Don Main— one term ending 4/01/13 Dan Ferritor — one term ending 4/01/13 Plannin6 Commission The committee recommends the following candidates for appointment James Graves — one term ending 3/31/11 Audy Lack — one term ending 3/31/1 l Jeremy Kennedy— one term ending 3/31/11 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 46 of 161 Mayor Tian Coodyn City Attorney Kit Williams t a'I 4 City Clerk Sondra Smith - ARKA NSAS City of Fayetteville Arkansas City Council Meeting Minutes April 01, 2008 City Council Meeting Minutes April I, 2008 Page I of 18 Alrlpr Pn Ward 1 Position I — Adella Gray Ward 1 Position 2 — Brenda Thiel Ward 2 Position I — Kyle B- Cook Ward 2 Position 2 —Nancy Allen Wand 3 Position 1 — Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell Ward 4 Position 1 — Shirley Lucas Ward 4 Position 2 — Lioneld Jordan A meeting of the Fayetteville City Council was held on Aptal 1, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Coody complimented City employees for the hard work that is being done on the square renovation. Presentations, Reports and Discussion Items: None Consent: Approval of the March 18, 2008 City Council meeting minutes. Approved 113 West Mountain 72701 (479) 521-7700 (479) 575-9257 (Fax) accessfayettevill e.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 47 of 161 City Council Meeting Minutes April 1, 2008 Page 2 of 18 Bid # 08-25 Golden Circle Ford: A resolution to award Bid # 08-25 to Golden Circle Ford of Jackson, TN in the amount of $26,593.00 to purchase a heavy-duty, 4X4 regular cab pickup truck for use by the Fire Department. Resolution74-08 as Recorded in the office of the City Clerk. Bid # 08-37 Landers McLarty Ford: A resolution awarding Bid # 08-37 and approving the purchase of one (1) crew cab chassis with reading utility body from Landers McLarty Ford in the amount of $42,493.73 for use by the Transportation Division. Resoludon75-08 as Recorded in the office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda as read. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. Unfinished Business: Hiring Freeze: Hiring Freeze Appeals: No Appeals ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. This ordinance was left on the First Reading at the March 18, 2008 City Council meeting. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody: 1 understand this is going to be forwarded to the Ordinance Review Committee is that right? Alderman Tbiel: Right, so we can just leave it on this reading. This ordinance was left on the Second Reading. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 48 of 161 City Council Meeting Minutes April I, 2008 Page 3 of 18 Public Hearing: Public Hearing for Monthly Sewer Rate Ordinance. Mayor Coody opened the Public Hearing There was no public comment. Paul Becker, Finance and Internal Services Director: This moves the sewer rates to a cost of service methodology. It also provides for two different rate structures in the residential class. This is to meet the committee's objectives of affordability and conservation. These rates would go into effect January 1, 2009, Mayor Coody closed the Public Hearing New Business: WG Land Company LTD: A resolution approving a Memorandum of Understanding concerning annexation and zoning of certain real property with WG Land Company LTD Partnership, Gary Dumas, Director of Operations explained a memorandum of understanding from WG Land Company indicating their request for specific zoning when the property is ready for development. He said this is the appropriate use for that area in the future. Mayor Coody asked Gary to clarify the story in the paper about the fire station. Gary Dumas: The City of Johnson had some issues and one was fire protection west of I-540 and east of 1-540. There is a possibility that the City could provide fire protection for those areas consistent with the plans to also expand fire service both to the northwest quadrant and east of I- 540. There is a possibility that the station might be relocated in the area around- Van Asche in the future. There is not a commitment to build a fire station for them and there would be cost sharing in the future should they choose to participate. Mayor Coody: The fire station issue isn't related to the 100 acres in this memorandum of understanding. Gary Dumas: Not at all. Alderman Jordan moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed 7-0. Alderman Rhoads was absent during the vote. Resolution76-08 as Recorded in the office of the City Clerk 113 west Mountain 72701. (479) 521-7700 (479) 575-8257 (Fax) - accessfayettevi lle.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 49 of 161 City Council Meeting Minutes April 1, 2008 Page 4 of 18 RZN 07-2889 (Cooper): An ordinance amending ordinance number 5114 to correct the legal description for the 0.64 acre parcel rezoned by said ordinance located at the southwest corner of North College Avenue and East Cleburn Street. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Current Planning gave a brief description of the item. He stated this is simply a correction to an ordinance in Exhibit "B" which is the legal description. The property is officially rezoned however this corrects the legal description and inserts an amended Exhibit «B„ Alderman Cook moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Cook moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5121 as Recorded in the office of the City Clerk. VAC 08-2930 (WilmothlWellsley Place): An ordinance approving VAC 08-2930 submitted by Dave Jorgensen for property located at 1609 Wellsley Place to vacate a portion of the utility and drainage easements on the subject property, containing a total of 643 square feet. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the item. He stated staff recommended approval and the Planning Commission voted unanimously in support of the vacation as well. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) a cc es sfay a ttev i l l e. o rg Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 50 of 161 City Council Meeting Minutes April 1, 2008 Page 5 of 18 Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5122 as Recorded in the office of the City Clerk. ADM 08-2941 (Hoskins Parkland Variance): Submitted by Tracy Hoskins, requesting a variance from the parkland dedication contribution formula, relative to the land trade between Hoskins and the City Council as referred to in Resolution No. 149-06. Jeremy Pate: In 2006 the City Council and Mr. Hoskins entered into an agreement, a land trade. This particular request addresses the land bank which is a parkland dedication that is made in anticipation of future development within a parks quadrant. In this particular case Mr. Hoskins would like to do this for a project called Oakbrooke Subdivision. The request is to utilize the value of the land at $40,000 per acre. What that would relate to is instead of 1.5 acres of land it would be 1.5 acres times $40,000. The confusing part is Oakbrooke was approved in 2005 when land value for parkland was at a very different value which was $23,000 per acre as opposed to now. If Oakbrooke were developing today the fees would be in excess of $103,000 whereas right now his requirement is $59,000 based on the old requirement. The request is to utilize the value of the bank land which is not allowed by our ordinance so Mr. Hoskins has to request a variance. He has been before the Parks and Recreation Advisory Board who did not support the request and also to the Planning Commission who voted 3-3 and then forwarded a recommendation for you to consider their comments. Their concerns are that a lot of this land trade was made without the Parks Board or Planning Commission being involved, it was beard by you as a Council. The issue at hand for staff is we feel the utilization of the value of parkland is not anticipated by our parkland dedication ordinance. Secondly as applied to this particular case it is not meeting our parkland dedication ordinances for Oakbrooke Subdivision. When you run the numbers the City actually gets less land and less money in the overall scheme of things. Alderman Thiel: I am trying to understand why the City used the $40,000 per acre on what they paid him. Mayor Coody: It was based on the value that we put on parkland. Alderman Thiel: If that is the case then it would make sense that he would assume that he was banking the same amount. Mayor Coody: We negotiated back and forth. Gary Dumas: This was several years ago and at that time the value of parkland was $40,000 per acre. The issue tonight is that when Oakbrooke was approved it was $23,000 per acre so if you are going to redo the calculation for Oakbrooke then_ you need to redo the calculation completely instead of mixing the two. Alderman Thiel: Why is he just now banking this for Oakbrooke? Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-82S7 (Pax) Agenda Item 7b accessfayetteville.org 16-5340 Ch 164 19 Amend. Page 51 of 161 City Council Meeting Minutes April 1, 2008 Page b of 18 Gary Dumas: He can use the bank at any time he wants. He finaled the first phase of Oakbrooke last month. Alderman Thiel: In other words the first phase has been completed and at that point is when he uses his bank. Alderman Allen: I am trying to understand who or bow it was determined that it was $23,000 then and $40,000 now. Gary Dumas: The Parks Board in early 2000 did a parkland evaluation to see what the land costs were. They redid that analysis in 2005 and 2006 and it was more than $40,000. The City Council set the number at $40,000, Alderman Allen: That is regardless of where the land was or where the land is now? Gary Dumas: Correct, that is an ordinance requirement that the Council established based on some information the Parks Board forwarded to you. Alderman Allen: So all banked land in 2005 was $23,000 an acre? Mayor Coody: It wasn'tiust banked land it was any parkland dedication. Jeremy Pate briefly explained the parkland dedication process and how it works. Alderman Allen: Has this particular situation or a situation similar to this ever come up? Jeremy Pate: Not that I am aware of. I have never seen the value of land requested. City Attorney Kit Williams: However the bank part has come up many times and every time it has, it has been the banked amount of land not the banked value of land. Alderman Cook: )A7hen the City valued the piece of land that it paid Mr. Hoskins for, that was -an agreement between the City and Mr. Hoskins, it had nothing to do with the parkland dedication value of the land. It was an agreement between Mr. Hoskins and the City of Fayetteville. The banked piece of land, we always do that as the land itself, not the value of the land. Alderman Ferrell: This was a transaction between the Fayetteville City Council and Mr. Hoskins. There is a chance that there was some confusion. This wasn't a nonnal transaction, this was a trade, and when you look at the amount of money that was paid based on $40,000 per acre I can see where there would be some confusion. This Council can make the decision and I hope we make the right one and approve Mr. Hoskins appeal. Alderman Lucas: I don't think the banking of parkland was even discussed when we were talking about buying this land. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch, 164.19 Amend. accessfayetteville.org Page 52 of 161 City Council Meeting Minutes April 1, 2009 Page 7 of 18 Alderman Jordan agreed with Alderman Lucas. Mayor Coody: Jeremy do you have the agreement? Jeremy Pate: It is in your packet. He read the highlights of the agreement. Mayor Coody: That resolution was approved by the City Council when? Jeremy Pate: September 5, 2006. Mayor Coody: So the banking was a part of the agreement. Alderman Lucas: But it wasn't a part of the money that we paid. Mayor Coody: There was money, a land trade, and banking of land. It was those three things that totaled the 7 plus acres. Tracy Hoskins, the petitioner: It is very possible that the Council doesn't remember the mention of the banking of land within the trade agreement. I have all the recommendations and background information that went to the Council for them to make their decision as far as approving the resolution. I am not asking for any consideration on Oakbrooke's park fees whatsoever. In 2006 the Parks Board and the Council elected to raise the parks fees to a value of $40,000 per acre. The reason this property is banked to begin with was to make the trade deal more palatable for the Council. I had every reason to believe that I was receiving $40,000 per acre. It is in the recommendation background sections, not in the resolution itself. According to ordinance this trade should have been seen by the Parks Board and the Planning Commission and it was only seen by the City Council. When we made the trade I fulfilled my part of the trade, the City got 100 percent of what they bargained for. When I asked to use this banked property for the fees of Oakbrooke initially staff and the Parks Department approved it. When we scheduled the signatures for final plat we were told we could not do that. They said you can not use the value of property. This was news to me and it was not disclosed when I agreed to bank this property to lower the City's check writing back in 2006. AIderman Thiel: The understanding was that he banked it for $40,000. There is a value of property used when there is money in lieu. I don't like to go against staff's recommendation but I feel like there was a certain conunitment on the Council's part. I will probably support this. Mayor Coody: The only issue is the $23,000 at one time and the $40,000 at another time. Alderman Thiel: I understand that but whenever he banked the land it was at $40,000. Mayor Coody: It was 1.5 acres not a value. We have always banked acres for acres. We banked 1.5 acres. Planning Commission March 14, 2016 ] l 3 west Mountain 72701 {479} 52]-7700 (479) 575-5257 (Fax) Agenda Item 7b 16-5340 Ch. 164.19 Amend. awessfayelteville.org Page 53 of 161 City Council Meeting Minutes April 1, 2008 Page 8 of 18 Alderman Thiel: You banked 1.5 acres but at that time the value of park land was $40,000. He did not bank it when it was valued at $23,000. The trade with the City dealt directly with the Council. I believe there was an understanding. Alderman Rhoads: As I listen to Tracy unwind the story that is jiving with my recollection as well. Alderman Lucas: When we bank land we don't look at the value of what that person paid for his land. It is just a formula that the Parks Department looks at. We have always done that as far as I know in the past. Jeremy Pate: That is correct; banking of land has nothing to do with the actual value of the land under our current ordinances as they are written. Alderman Thiel: Then again there is a value placed on that land when they take money in lieu of that land. Jeremy Pate: Not for a bank though. The only time the value enters into the equation is a development that is paying parks fees. Alderman Thiel: So in other words this 1.5 acres isn't even worth $23,000. Jeremy Pate: To us it has no value associated with it. Alderman Thiel: So he is going to have to trade 1.5 acres for 1.5 acres. Is that the bottom line? Jeremy Pate clarified the process. Alderman Thiel: From what you just said it has to be land it can't be fees. If it can be fees then there has to be a value set on that. If it has got to be land it's got to be land. Gary Dumas: This is a confusing issue. In 2005 the park fees were $23,000 an acre, the park fee should be for 2.59 acres $59,940. That is the park fee for the 2.59 acres. Alderman Rhoads; Based on 2003 numbers. Gary Dumas: Yes. Just because the park fees have gone up since 2005 that number does not change. That number stays the same based on the approval date. The 1.5 acres today is banked. That 1.5 acres has a value today based upon the park land fee of around $60,000. The issue is the park land requirement in 2005 and today is 2.59 acres. Alderman Thiel: Oh, it's not 1.5 acres. Gary Dumas: No, there is 1.5 in the bank and 2.59 was required in 2005. You can change the rules any way you want to but the issue is that 1.09 acres. If you want to use the 1.5 acres as value for a development that was approved in 2005 you should use $23,000. Planning Commission March 14, 2016 Agenda Item 7b 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164.19 Amend. accessfayetteville.org Page 54 of 161 City Council Meeting Minutes April 1, 2008 Page 9 of] 8 Alderman Thiel: What if Tracy wanted to utilize the $40,000 formula for 1.5 acres and then pay the parkland fee for the other additional acre? Tracy Hoskins: The Parks Board did not elect to take land they elected to take fees not land. Every time the Council considers how much an acre of park land is they are considering value every single time: The only reason we are having this discussion is because Oakbrooke was approved at $23,150 and that number was derived at a value of $23,150 an acre at .024 acres per house time's 108 houses. Today it is calculated at $40,000 per acre so there is where the difference is. If I was dedicating land I could see where I might have a difficult time even though in my opinion City Code 166.03 does not apply because we didn't bank anything in excess of anything as I stated earlier. This was a trade. We are talking about fees here and as far as I knew I had $60,400 worth of credit sitting in the bank somewhere from that trade which would be more than enough to cover the $59,940 that is owed. He went on to reference other sections from the City Code Book. City Attorney Kit Williams reminded the Council that the official actions of the City are your ordinances and resolutions. Staff gives you reports but when you take action it is by resolution or ordinance. The resolution in this particular case is your official agreement with Mr. Hoskins. Section 3 of that resolution is the one that talks about banking. He read that section of the resolution. I think it was understood when I wrote this resolution and I hope when you passed it that this would be the common City policy that we have had in the past. When I wrote this resolution I was assuming that it would be done like we have always done it before, it would be banking the acreage not the value of the acreage. I don't think Mr. Hoskins argument works with this particular resolution. Mayor Coody: When we did this negotiated deal it was clear that you were going to be banking 1.5 acres for future development. That is exactly what is reflected in the resolution. If we go ` value to value that is going to change on an appraisal basis to where we will never have a hard member to use in the future. Gary Dumas: When we went into the agreement there was an understanding on some of the staff's part that there was a limit on the number of dollars that the City would pay for the Scull Creek Trail. At some point in the discussions with Mr. Hoskins the idea of us coming up with a maximum number of about $100,000 came up and then we came up with a way to provide him some compensation for the remainder. That was the banking. The bottom line is we tried to keep it under $100,000 and perhaps it created complications that shouldn't have been created. I think there might be a way to do this without jeopardizing the entire park land dedication ordinance if you want to approve this. Alderman Allen: I want to be fair to Mr. Hoskins. I wondered if it would be of any help to us to produce the minutes of that meeting and read what was said at that time. I have a huge concern about what kind of precedent this might cause. Alderman Jordan: Aldennan Cook you were involved in a lot of this negotiation. Planning Commission March 14, 2016 Agenda Item 7b 113 west Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) 16-5340 Ch. 164 19 Amend. accessfayetteviHe.org Page 55 of 161 City Council Meeting Minutes April 1, 2008 Page 10 of 18 Alderman Cook: Yes sir. Alderman Jordan: What is your recollection of this, was it the value of the land? Alderman Cook: It was not value of land. My personal opinion is that no way is that piece of property worth $40'000 per acre because it is drainage easement and floodplain. I think Mr. Hoskins got a very fair deal out of that and I -think what he is proposing is going against what we originally agreed on in my personal opinion. Alderman Thiel: Staff negotiated this. The Council did not sit down and negotiate this. Alderman Jordan: Alderman Cook was involved. Alderman Thiel: You were at all the staff meetings? Alderman Cook: No, Tracy and I met together on some of it. Alderman Thiel: What we just heard from Mr. Dumas and from Mr. Hoskins indicates to me that there was an understanding. I agree the land is probably not worth $40,000 but none the less that is what they understood. Hover much are we talking about if he had to pay $23,000 for 2.5 acres? Jeremy Pate: For the development he still has the option to pay the $59,940. He can use the. 1.5 acres for any other land bank or development he does tomorrow. Mayor Coody: I think it is about $25,000 difference. Alderman Thiel: So it's not really costing the city anything much is it. Jeremy Pate: The $25,000 difference in parks fees. Alderman Thiel: That would make $25,000 snore? Jeremy Pate: Less. Alderman Thiel: That is basing his land on being worth $23,000. 1 am going to have to support him on this. I don't think it is setting a precedent because I think this is unique. Alderman Ferrell. I don't think I have ever said that anything that staff said that was based on the normal process that their interpretation was wrong. This wasn't the normal process; this was a land swap between the Council and Mr. Hoskins. I don't think land swaps are bad if we can come to a clear understanding. Alderman Cook: This really boiled down to the fact that we needed that piece of right of way for the trail and that is the only reason why we were interested in it. We paid a premium because Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b 16-5340 Ch. 164.19 Amend. accessfayetteville.org Page 56 of 161 City Council Meeting Minutes April 1, 2008 Page 11 of 18 we needed that piece for a connection to the Mud Creek Trail. We gave him other considerations for that piece of land besides the cash so I think he got what he bargained for. Alderman Rhoads: I think we backed into the numbers to make it work. So we have a $40,000 value that we have backed into. In the totality of the deal it was worth $40,000 and that is why I have to support this. Alderman Lucas: I can't support this. It is area for area. We are not denying him his $40,000 because it is subsequent development so he would get credit for 1.5 acres at the value now on any development that he has. Alderman Allen: Regardless of what happens here I certainly hope we make certain of that in the future so this problem won't come up for anyone else. Tracy Hoskins read Section 3 of the resolution. He stated my request actually falls right in line with this. It is a subsequent residential development obligation. We fall within those guidelines. Alderman Ferrell moved to approve the variance. Alderman Rhoads seconded the motion. Upon roll call the motion failed 3-5. Alderman Thiel Rhoads and Ferrell voting yes. Alderman Cook, Allen, Lucas, Jordan and Gray voting no. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. City Attorney Kit Williams read the ordinance. Tim Conklin, Planning and Development Management Director stated this ordinance is being brought forward to address the issue of decentralized sewer systems within our City and those we annexed in the election in 2006. Mayor Coody: If a home and an accessory dwelling unit are too far away from the sewer and they are on septic systems is that two or more homes? City Attorney Kit Williams: I think they would have to have their own separate system. David Jurgens: For the septic system the county actually has regulations for it. If they are tying onto the public sewer they have to have two separate connections. If the sewer system is not close by, it is State Health Department regulations administered by the County office of the Health Department that rules for the septic systems. I hadn't thought about that question when we were talking about this ordinance. I'm not sure if I know the answer to the question. Alderman Thiel: Does this allow for variances for requests? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acc e ss fayette v i I 1 e. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 57 of 161 City Council Meeting Minutes April 1, 2008 Page 12 of 1S Tim Conklin: This ordinance prohibits decentralized sewer systems within the City of Fayetteville. Alderman Thiel: I wonder if we need to look at this and provide some kind of variance that people could apply for if there was a situation. Mayor Coody: Is there a way we could fine tune that because I would suspect that there will be situations like this. A discussion followed on the current systems. Alderman Thiel: I think there might be enough variables that we at least need to add some kind of a variance request. David Jurgens: I don't think the Health Department will be approving septic systems unless they are all on one lot. Part of the intent of this is that we did not want sprawl and the sewer system was one of the mechanisms to insure that developments were within the city limits and connected to the sewer so that we would not have the long term problems of disconnecting decentralized systems and then hooking up to the public sewer system. Mayor Coody: It's a very laudable goal it's just that this detail might net people that might not fit that category. Alderman Ferrell: I would think we would want some language in there that would mention some kind of an appeal process. Otherwise we would not be able to consider it. Alderman Thiel: That is all I am suggesting because I.agree with you whole heartedly. Rather than us trying to do this tonight possibly the administration can go back and add an appeal clause to this. David Jurgens: The Sewer Committee has some legal authority. Kit would it be possible that this could be something that is approved by request to the Sewer Committee as an appeal process? City Attorney Kit Williams: If the ordinance says the Sewer Committee can grant a variance then they could. It needs to be in the ordinance if you want to have some sort of variance or appeal procedure. If you want something like that put in we should leave this on the first reading and let staff work on it. Alderman Lucas: Do we want to give an out for someone who wants to put a sewer system in the City limits? Mayor Coody: No, I don't think that is the intent. Tim Conklin: We are spending a great deal of money to build a Wastewater Treatment Plant. The question that I had was as a city do we want to require people to tie onto our Wastewater 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 58 of 161 City Council Meeting Minutes April 1, 2008 Page 13 of 18 Treatment Plant System versus installing a decentralized sewer system. That is why we want to clarify in the ordinance that they are prohibited. Mayor Coody: That is not the issue. Alderman Thiel: The question is that whenever someone lives outside of 300 feet. Mayor Coody: The question is "is a septic tank a decentralized sewer system." David Jurgens: For an individual dwelling the answer is no. Mayor Coady: Yes, until we talk about accessory dwelling units and then you are talking about two homes on one septic tank. David Jurgens: That is where we get into two homes on one septic or multiple structures on one septic. If there is a development in the newly annexed area west of Double Springs Road would there be a mechanism by which they should be allowed to have a decentralized system provided they meet all the requirements in the code. If we ]Hake it a Water and Sewer Committee decision it is still appealed to policy level. I would suggest that we leave this on the first reading. We have a Water and Sewer Committee meeting next Tuesday and we can discuss this then. Alderman Lucas: One of the things that we talked about in sprawl was that with this need of being on our sewer system it would help us control growth. Mayor Coody: 1 don't think anybody wants step systems in town and I don't think that is the appeal process we are talking about. Alderman Lucas: We were just talking about beyond Double Springs Road. David Jurgens: That would be a policy decision that a Council Committee would have to make the ruling on. Alderman Jordan: We have had many discussions where someone just outside the City limits wanted to put in a step system and we brought them in because we didn't want the step systems. I don't want to give them a way to put in step systems outside the City limits either. Alderman Lucas: Or in the City limits. Mayor Coody: I was just asking about the septic tanks. Alderman Lucas: It needs to be clarified how they would be handled. This ordinance was left on the First Reading. 113. West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfay ettevi Ile. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164 19 Amend. Page 59 of 161 City Council Meeting Minutes April 1, 2008 Page 14 of 18 Repealing and Replacing § 51.136: An ordinance repealing and replacing § 51.136, Monthly Water Rates, of the Fayetteville Code of Ordinances. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5123 as Recorded in the office of lire City Clerk Repealing and Replacing § 51.137: An ordinance repealing and replacing § 51.137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: This is what we had the public hearing on earlier. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I would ask that before we pass this that we leave it on the second reading. These rates don't go into effect until next year so there is no rush to pass this tonight. The sewer rates are a little different. This ordinance was left on the Second Reading Repealing and Replacing § 51.138: An ordinance repealing and replacing § 51.138, Definitions pertaining to Water and Sewer Rates, of the Fayetteville Code of Ordinances. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 60 of 161 City Council Meeting Minutes April 1, 2009 Page 15 of 18 Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5124 as Recorded in the office of the City Clerk. Repealing and Replacing § 51.139. An ordinance repealing and replacing § 51.139, Users Outside City Limits with a new § 51.139, Reviews of Water and Sewer Rates, Notification to User of the Fayetteville Code of Ordinances. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit H lliams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5125 as Recorded in the office of the City Clerk. Repealing and Replacing § 51.144: An ordinance repealing and replacing § 51.144, Filling Water Tanks on Commercial Trucks; Rates, of the Fayetteville Code of Ordinances. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile.org Planning Commission March 14, 2016 Agenda Item7b 16-5340 Ch, 164.19 Amend. Page 61 of 161 City Council Meeting Minutes April 1, 2008 Page 16 of 18 City Attorney Kit Williams read the ordinance. Alderman Ferrell: This shows us what the proposed rates are going to be. What are the rates right now for the same thing? David Jurgens: The rate right now is $1.00 less per 1,000 gallons. It is $3.00 per thousand gallons and $4.00 for labor so each of those were increased by $1,00. The last time these were changed was in 1994 or 1995. Alderman Ferrell: On the others it says a 3% annual increase shall be used to offset inflation. If our Beaver Water District bill stays the same for three years, will these inflation charges still apply to everything? David Jurgens: We are required to do a rate study so that gives us a default number brit we are going to have to validate those numbers by rates and we have a resolution to do that every three years. The intent is not to stop doing rate studies but if the next one takes us 24 months then we have a mechanism to match inflation. There are mechanisms by which that doesn't have to occur but it would be the default point. Alderman Ferrell: I thought part of our intent on the annual increase is so we wouldn't continue to have these exorbitant increases. David Jurgens: It would match inflation. The intent is to do that so hopefully no Council will have to have the large increases like we are facing right now. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5126 as Recorded in the office of the City Clerk. Amend §157.05 and §171.05: An ordinance to amend §157.05 Vacations of Streets, Alleys, Rights -of -Way and Easements and §171.05 Procedure for Closing Utility Easements and Street Rights -of -Way. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: This ordinance request is by Alderman Ferrell, Alderman Ferrell: Kit, this says following a vote of at least 2/3 of its membership and the Mayor. Is the Mayor included in that 2/3? Planning Commission March 14, 2016 113 West Mountain 72701 479 521-7700 479 575-8257 Fax Agenda Item � � � � � � 16-5340 Ch. 164.19 Amend. accessfayetteviIle. org Page 62 of 161 City Council Meeting Minutes April I, 2008 Page 17 of l8 City Attorney Kit Williams: The Mayor is normally included as a member of the Council for purposes of voting if his vote is needed. Alderman Ferrell: I had a citizen that had a locked in mortgage on a loan and they were under a time frame. She wasn't able to get this through the Planning process. - With the strict restrictions on this it is not something that is built for abuse or that will be, it is certainly something that perhaps we can help a citizen. That is the intent of it. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Rhoads seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Rhoads seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5127 as Recorded in the office of the City Clerk. Agenda Additions: Mayor Coady: Laverne and her husband are here to talk about a particular issue that has not come before the City Council- It is a liquor store that has been approved by the Planning Commission on Highway 62. It is not on the agenda: City Attorney Kit Williams: We need to suspend the rules and place it on the agenda for discussion. Alderman Lucas moved to suspend the rules and add a discussion regarding a conditional use permit that was granted by the Planning Commission for a liquor store to the agenda. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. Laverne Cooper, a citizen: The Planning Commission passed a conditional use for a liquor store in our area. There is really no need for one out there because there are already three liquor stores within a mile of this. At the meeting where they voted unanimously to do this I spoke to them and told them this. It is going in at a family subdivision entrance. This is just not something that we need out there. There are several people against it and no one was notified that it was going in. There is also a church within less than 1/10 of a mile. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) . accessfayettevil le. org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 63 of 161 City Council Meeting Minutes April 1, 2008 Page 18 of 18 Mayor Coody: Tim, are you up to speed on this? We send out notices for conditional uses don't we? Tim Conklin: I would have to review the file. We do not approve liquor stores that often. Kit Williams: I think the conditional use notification is supposed to be sent to the adjoining property owners. They put up a sign too. We publish it in the newspaper also. Mayor Cody: I know it went to the Planning Commission and once it is approved at the Planning Commission it doesn't come to the City Council. Laverne Cooper: As I understand this, the permit was issued on east Highway 16 and then it was transferred to west Highway 62. Alderman Thiel: So the one on East 16 is not going to go in there then? They cannot use the permit in two places - Laverne Cooper: I don't know, maybe you all need to look into it. Alderman Thiel: Are you requesting to appeal a conditional use? City Attorney Kit Williams: It is too late. You have only 10 working days to appeal something from the Planning Commission. It has been longer than two weeks so at this point it is too late to appeal. Mayor Coody: I wanted to give you a chance to get up and speak since you stayed here all night. Laverne Cooper: We weren't here specifically for that. Mayor Coody: I wasn't aware of that. I thought you were. I am sorry. Laverne Cooper: We actually had some items that we wanted to listen to. Alderman Jordan: If there is an Alderman that does not agree with the liquor store they can write a letter. Meeting adjourned at 7:45 PM Sondra E. Smith, City Cler4reasugrerU 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 64 of 161 Mayor Dan Coody Assistant City Attorney David Whitaker City Clerk Sondra Smith 7ayeLLeyV1,-11e City of Fayetteville Arkansas City Council Meeting Minutes April 15, 2008 City Council Meeting Minutes April 15, 2008 Page 1 of 14 Aldermen Ward I Position I--AdellaGrav Ward I Position 2 — Brenda Thiel Ward 2 Position I — Kyle B. Cook Ward 2 Position 2 —Nancy Allen Ward 3 Position 1 — Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell Ward 4 Position I — Shirley Lucas Ward 4 Position 2 — Lioneld Jordan A meeting of the Fayetteville City Council was held on April l 5, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Jordan, Mayor Coody, Assistant City Attorney David Whitaker, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Lucas Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Coody welcomed the students from Spring International which were representing different countries. He.asked them to stand and be recognized. Presentations, Reports and Discussion Items: None Agenda Additions: None Consent: Approval of the April 01, 2008 City Council meeting minutes. Approved 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetleviIIe.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 65 of 161 City Council Meeting Minutes April 15, 2008 page 2 of 14 Bid # 08-33 Professional Turf Products: A resolution awarding Bid # 08-33 and approving the purchase of one (1) multi -deck mower from Professional Turf Products in the amount of $41,562.00 for use by the Parks & Recreation Division. Resolution 77-08 as Recorded in the office of the City Clerk., Bid # 08-34 Truck Centers of Arkansas: A resolution awarding Bid # 08-34 and approving the purchase of one (1) tandem -axle truck tractor from Truck Centers of Arkansas in the amount of $85,038.00 for use by the Transportation Division. Resolution 78-08 as Recorded in the office of the City Clerk. Bid # 08-35 Williams Tractor: A resolution awarding Bid # 08-35 and approving the purchase of one (1) compact track excavator from Williams Tractor in the amount of $26,264,00 for use by the Water & Sewer Division. Resolution: 79-08 as Recorded in the office of the City Clerk. Bid # 08-36 Warrior of Arkansas: A resolution awarding Bid # 08-36 and approving the purchase of one (1) compact tractor backhoe from Warrior of Arkansas in the amount of $30,798.00 for use by the Parks & Recreation Division. Resolution 80-08 as Recorded in the office of the City Clerk. Bid # 08-38 Wayest Safety: A resolution awarding Bid # 08-38 and approving the purchase of one (1) breathing air station from Wayest Safety in the amount of $30,523.00 for use at the new fire station 43. Resolution 81-08 as Recorded in the office of the City Clerk. Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize federal -aid funds. Resolutio►: 82-08 as Recorded in the office of the City Clerk. OMI Agreement: A resolution approving an out -of -scope agreement with OMI in the amount of $65,000.00 for WSIP West Side Cutover/Tieover Actions, WSIP Subproject WL-9; and approving a 5% contingency in the amount of 13,250.00. Resolution 83-08 as Recorded in the office of the City Clerk. Cherokee Nation: A resolution approving a budget adjustment in the amount of $500,000.00 to the Solid Waste Fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the Transfer Station. Resolution 84-08 as Recorded in the office of the City Clerk. Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b accessfayetteville.org 16-5340 Ch 164.19 Amend. Page 66 of 161 City Council Meeting Minutes April 15, 2008 Page 3 of 14 Alderman Jordan moved to approve the Consent Agenda as read. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was absent during the vote. Alderman Lucas was absent. Unfinished Business: Hiring Freeze: Hiring Freeze Appeals: A. One Senior Legal Assistant B. One Senior Secretary C. Two Animal Services Caregivers Casey Jones, Prosecuting Attorney gave a description of the positions the City Prosecutor's office was requesting to be approved. He stated we have not added to our staff since 1999 even though the work load has increased. Mayor Coody: These are not new positions. This is replacing existing positions of people who are leaving. Casey Jones: Yes sir. Alderman Rhoads: I would highly support this. Having worked with the Prosecutor's office quite a bit it would be nice to be able to keep the good service level. If these are replacement positions and they are not adding to the head count why don't we let them do that and then if they are adding to the head count; then they can come before the City Council. Mayor Coody: Paul was thinking about bringing this forward for discussion because the Council wanted to know after the first quarter where we stood on all this. Were you going to bring something forward for Council consideration pretty soon? Paul Becker, Finance and Internal Services Director: We will .have a discussion at the April 291h agenda meeting. Alderman Rhoads: If we haven't added to the head count then we should put our efforts elsewhere. Paul Becker: These are not new positions; they are replacements for existing positions. Alderman Cook moved to approve two positions for the City Prosecutor's Office. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Jill Hatfield, Animal Services Superintendant gave a description of the current vacancies in the Animal Services Division. These are not new positions. Planning Commission 113 west Mountain 72701 (479) 521-7700 (479) 575-9257 (Fax) March 14, 2016 access fayetteville.org Agenda Item 7b16-5340 Ch. 164.19 Amend. Page 67 of 161 City Council Meeling Minutes April 15, 2009 . Page 4of14 Alderman Rhoads moved to approve two positions for Animal Services. Alderman Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Resolution 85-08 as Recorded in the office of the City Clerk ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending Title XV: Unified Development Code'of the Code, of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations,_ Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. This ordinance was left on the First Reading at the March 18, 2008 City Council meeting. This ordinance was left on lire Second Reading at the April 1, 2008 City Council meeting. Tim Conklin, Planning and Development Management Director gave a brief description of the item. He pointed out a revised Exhibit `B" which was discussed at the Ordinance Review Committee. He briefly explained the differences between the old and new ordinance. Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Alderman Thiel: The Ordinance Review Committee recommended this to the Council for passage after the changes were made. Alderman Allen: This is an excellent ordinance. This brings forth a lot of things in the 2025 Plan that we want -to have happen in our city. This will bring density, infill, and hopefully some affordable housing. Across the board there are no parts of the City that are exempt. It is available to everyone. Alderman Cook: What I like about it is it standardizes the discussion of the accessory dwelling units which l have supported. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lucas was absent. Ordinance 5128 as Recorded in the office of the City Clerk Mayor Coody: Thank you very much. You have done a lot of good work on this and your staff deserves to be commended. This is a good fleshing out of the 2025 Plan which is important to the City. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Planning Commission 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) March 14, 2016 accessfaretleville.org Agenda Item 7b 16-5340 Ch. 164 19 Amend Page 68 of 161 City Council Meeling Minutes April 15, 2008 Page 5 of 14 Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. This ordinance was left oil the First Reading, at the April 1, 2008 City Council sheeting. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was absent during the vote. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Alderman Cook: We discussed this at the Water and Sewer Committee. Tim Conklin: The direction at the Water and Sewer Committee was for me to develop a policy paper of the advantages and disadvantages of using our wastewater treatment plant, decentralized sewer, or septic. I would recommend that you table this to the 2"d meeting in May until the Water and Sewer Committee can make a formal recommendation to the entire Council. David Jurgens, Water/Wastewater Director: On the accessory dwelling units, the health department doesn't consider it to be a community sewer system until there are three or more dwelling units. An accessory dwelling unit does not fall under the same definition therefore this ordinance would not apply. Alderman Jordan moved to table the ordinance to the May 20, 2008 City Council Meeting. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. This item was tabled to the May 20,-2008 City Council meeting. Repealing and Replacing § 51.137: An ordinance repealing and replacing § 51.137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances. This ordinance was left oil the Second Reading at the April 1, 2008 City Council meeting. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. i Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lucas was absent. Ordinance 5129 as Recorded in the office of the City Clerk Alderman Ferrell: I give Kyle a lot of credit; we worked a long time with staff and the consultant. This was not an easy decision to arrive.at. Planning Commission 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fa-N) March 14, 2016 accessfayetteville org Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 69 of 161 City Council Meeting Minutes April 15, 2008 Page 6 of 14 New Business: Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project. Assistant City Attorney David Whitaker.read the ordinance. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Jordan seconded the motion. Upon roll call the -notion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read lire ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Mayor Coody: This is a routine housekeeping item. It doesn't involve any taxpayer money Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lucas was absent. Ordinance 5130 as Recorded in the office of the City Clerk RZN 08-2936 (Mullins): An ordinance rezoning that property described in rezoning petition RZN 08-2936, for approximately 0.2 acres, located at 2846 South School Avenue from RSF-4, Residential Single -Family, 4 units per acre, to R-O, Residential Office. Assistant CitV Attorney David Whitaker read the ordinance. Jeremy Pate, Director of Current Planning gave a brief description of the item. He stated staff felt that this was a good transitional zoning within that area to provide an office use that would help buffer some of the residential single family uses to the east. Staff and the Planning Commission recommend in favor of this rezoning. Alderman Thiel: Is it going to continue to be just bail bond offices along there? I know this is appropriate in that it adjusts with the neighborhood zoning adjacent to it but we are doing a lot of R-O along there and no commercial. Do you feel that this is a good use? Jeremy Pate: While probably a majority of those properties have been utilized as a bail bond office it does not limit it to that. The R-O zoning is appropriate at this time. Alderman Thiel: I haven't heard anything negative about it. Planning Commission 16 113 West Mountain 72701 479 521-7700 479 575-8257 (Fax) March It m 7b � ) ( } ) Agenda Item 7b accessfayerteville.org 16-5340 Ch 164 19 Amend. Page 70 of 161 City Council Meeting Minutes April 15, 2009 Page 7 of 14. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant CioAttorney David Whitaker read the ordinance. Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lucas was absent. Ordinance 5131 as Recorded in the office of the City Clerk RZN 08-2937 (Mountain Ranch Ph. III): An ordinance rezoning that property described in rezoning petition RZN 08-2937, for approximately.26.9 acres, located south of Mountain Ranch Phase I and Persimmon Street, east of the future extension of Rupple Road, from RSF-4, Residential Single -Family, 4 units per acre to RSF-8, Residential Single -Family, 8 units per acre. Assistant City Attorney David Whitaker read the ordinance. Jeremy Pate gave a brief description of the item. He stated staff is supportive of this request. The Planning Commission voted 9-0. Blake Jorgensen with Jorgensen Associates: We would like to point out that although we are trying to get it rezoned for higher density the overall development is still under the four units per acre as we delineate that throughout the rest of the acreage. Alderman Jordan: I would like for you to show this at the Ward 4 Meeting. Blake Jorgensen: That will be fine. We can meet with everyone and see if we can't move forward from there. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. This itein was left on the second reading. C-PZD 08-2894 (Park Centre): An ordinance establishing a Commercial Planned Zoning District titled C-PZD 08-2894 Park Centre, located at the northeast corner of Zion RoadNeterans Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b accessfayetteville.org 16-5340 Ch, 164.19 Amend. Page 71 of 161 City Council Meeting Minutes April 15, 2008 Page 8 of 14 Park Entry Drive, containing approximately 8.58 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. Assistant City Attorney David Whitaker read the ordinance. Jeremy Pate gave a brief description of the item. He stated staff recommended approval of this project as did the Flanrling Commission. There are 39 conditions of approval. I believe the street improvements were something that was discussed the most and deserves your consideration. For this particular project there is an existing agreement in place. The agreement that was reached with City Council approval is that the City would write the developer a check for roughly $42,000 for acquisition of right of way and also agree not to assess for any other street improvements. I originally reported that those street improvements were estimated around $67,000. In discussion with the City Engineer the amount is roughly $114,000. 1 want to correct the number that I presented to you. The City agreed to not assess $114,000 and only look at $42,000 as the maximum assessment for that development. Staff is recommending that the original agreement be held. Alderman Thiel: So are'you saying that the developer is not going to pay the City back $42,000? Jeremy Pate: That is what staff is recommending. That is ultimately your decision. Alderman Thiel: So the only improvements they are actually making are building a public street through their project. Jeremy Pate: That is the only physical improvements. Alderman Thiel: Plus the City has paid them $42,000 for right of way. Jeremy Pate: That is correct. The City is obviously constructing the street improvements for Zion Road as part of the bond program. Alderman Thiel: Does staff feet like that is in line with what other projects of this impact had to pay? Jeremy Pate: From our perspective the agreement is from the City Council the resolution is included in your packet. That decision was made before hand, that no further assessments beyond that $42,000 for street improvements adjacent to this project would be required. I think it is relatively clear in that agreement that whatever improvements that would normally be required of the developer along Zion Road in front of his project would not be required because the City needed this right of way before the development occurred. Ron Petrie: The reason we had to do the agreement was because from a legal standpoint it was questionable whether we could come back and make an assessment after the project, Zion Road had already started. That is why we had this agreement. We felt it was a win win to both sides. Alderman Ferrell: What was the cost before the right of way and the building of the double lane public street down to the city park? Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b accessfayetteville.org 16-5340 Ch 164,19 Amend Page 72 of 161 City Council Meeting Minutes April 15, 2008 Page 9 or 14 Jeremy Pate: I don't know if we know the cost for sure. There is a cost estimate in your packets. That is not something that we have necessarily reviewed in detail. What they have estimated is that the total additional construction expense for the public street is roughly $68,466. The total additional land expense for a public street is $146,906. Alderman Ferrell: If traffic signalization is put there would you say that would benefit the City immediately as opposed to benefiting the development when the project is more complete? Jeremy Pate: I would say so even if this project wasn't constructed. Alderman Allen: On the issue of compatibility did you say it was resolved by the tree buffer? Jeremy Pate: We did a comparison to our residential office zoning and looked at the separation from these property lines. This would exceed that separation distance. The developer should be given credit for trying to extend the park into the development as opposed to simply putting- a development right beside the park. The tree preservation area extends into the property and there are certain areas set aside. The park like setting will not be lost and that will help contribute to the overall compatibility in transition for this development. Alderman Allen: I wondered if the Ward 3 Alderman had any responses to this project. Alderman Ferrell: I haven't had any public responses. I have visited with one of the owners and builders about their thoughts on it. Roger Boskus with Miller Boskus Lack Architects: The staff has been great to work with. We have gone through this process and really put together what is an outstanding development for the City. The Zion Road improvements and the prior agreement to Zion Road, that is its own thing. What we are really asking tonight is that you consider the amount of cost of the public street that goes through the property. It is really not required. We chose to do this street to put together a better development and project for the City and a better connection to the park. The cost that Jeremy referred to is the difference in cost to go from a private street to a City street. We asking for the cost difference of going from a private street to a public street be shared and credited back to our development. We are asking that the $68,000 difference be paid by the City and we will provide the land for the street. Alderman Ferrell: There is going to be a lot of green space in this development. You really want to be able to have a connection to better serve the clients and the people that are going to go through the park. _Is that correct? Roger Boskus: That is correct. Alderman Thiel: I appreciate the developers working to make this a good project and I support it as it is. 1 feel the), have gotten a fair deal from the City. There is going to be an impact from this project and because of that having the public street through their project is going to benefit them. I wouldn't support any changes to it. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was.absent. Planning Commission 16 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) March Item m 7b acccY g 16-5340 Ch. 164.19 Amend. ssfa ctteville.or Agenda t Page 73 of 161 City Council Meeting Minutes April 15, 2008 Page 16 or 14 Assistant City Attorney David Whitaker read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Rhoads seconded the motion. Upon roll call the motion passed 6-1. Alderman Cook voting no. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Alderman Ferrell: J would like to amend this to the cost for building a private road. The developer is saying the difference in the cost would be $68,000 between them building a private road and a public road. Ron Petrie: Are you saying they should also pay us $42,000 and we pay them $36,000 so there is approximately $10,000 they owe us? Alderman Ferrell: No. Alderman Cook: 1 am not prepared to vote on this and if we move forward I will probably vote against it. I have not had a chance to get clear on it. Roger Boskus: I think the clearest way to say it is $34,000. Have the City pay us back half of the cost of the difference of improving the road. We would not be asking for $68,000, we would be asking for $34,000 which is half the difference -in the cost of upgrading the road from a private street to a public street. Alderman Ferrell moved to amend the ordinance to pay the developer $34,000 the cost difference between the private and public street. Alderman Rhoads seconded the motion. Upon roll call the motion failed 4-3. Alderman Rhoads, Ferrell, Jordan and Gray voting yes. Alderman Cook, Allen and Thiel voting no. Alderman Lucas was absent. The amendment failed. Mayor Coody: I am not clear enough to make a decision on this either so I am not going to vote on this. We could hold this on the third reading until we come back and get some more information. We want to be fair and do right but at the same time we want to make sure we are fully informed on the impact of the tax payer on this decision. A discussion followed on whether or not the ordinance needed to be tabled. Alderman Ferrell moved to table the ordinance to the May 6, 2008 City Council Meeting. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. This ordinance was tabled to the May 6, 2008 City Council Meeting. Planning Commission 16 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) March 14, Agenda Itemm 7b 7b a ccessfayeltevil le. org 16-5340 Ch. 164.19 Amend. Page 74 of 161 City Council Meeting Minutes April 15. 2008 Page I of 14 Amend Chapter 96 Noise Control: An ordinance to amend Chapter 96: Noise Control of the Code of Fayetteville to enact §96.09 to restrict the use of a compression release engine brake also known as "Jake Brake," Assistant City Attorney David Whitaker read the ordinance. Alderman Thiel: I brought this forward a few years ago and at that time the Council favored letting the Police Department try using other measures to control the problem. Those measures have not worked because we still have citizens complain who live in the vicinity of Highway 265 and 15lh Street. Fayetteville is about the only City in the area which doesn't have this restriction. We are asking the Council to reconsider this ordinance. Don Oliver, a resident of 2614 Wyman Road spoke in favor of the ordinance. He stated I have spoke to a lot of people over there and it is getting bad. Alderman Thiel: I visited with the Police Chief before we brought this forward again and he is in support of it. It would make it easier for them to enforce. Police Chief Greg Tabor: I am in support of this. It makes it much easier for us to enforce. l know there are some issues with the mufflers. The current ordinance is difficult to enforce, if you say no engine compression brakes it is much simpler and easier to enforce. Mayor Coody: You can hear jake brakes for a mile. This needs to be at least as serious of an offense as a loud stereo at 30 feet. Alderman Allen: 1 wondered if someone could explain if there might be some occasions where jake brakes are really necessary. Dave Duncan, resident of Ward 1: The jake brake was invented to reduce the wear and tear on the brake system and not for safety. The safety issue comes into play with gasoline tankers and you could look at that as an exemption. In our mountainous regions they would have serious problems with brakes catching on fire and tires catching on fire. Mainly they were invented to reduce the wear and tear on the brake systems. Alderman Ferrell: Mr. Duncan I am assuming you were or are a trucker? Dave Duncan: I use to be. Alderman Ferrell: Did you say gasoline tanker trucks require inspections in their brakes quite often? Dave Duncan: I am not familiar with the current regulations but they use to have to stop ever so many hours to check the brakes and tires. The gasoline tankers don't fool around with the straight pipes anyway. I hear trucks everyday and night on 15d' Street with mufflers working the jake brakes. There is really not a whole lot of difference in the sound when they flip the switch. Mayor Coody: If someone got into trouble and their brakes started to go out they would hit the switch and the fake brakes would kick in? Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b accessfayetteville.org 16-5340 Ch. 164.19 Amend. Page 75 of 161 City Council Meeting Minutes April 15, 2008 Page 12 or 14 Dave Duncan: It kicks in but it doesn't make a whole lot of difference in slowing you down depending on the amount of grade. Depending on the amount of grade the jake brake can keep a truck from gaining speed but if the grade is great the jake brake doesn't make much of a difference because the truck could run away with itself. Alderman Allen: My questions about jake brakes are covered in the ordinance. I don't see this as being problematic I just wanted to understand whether there would be times where that would be hazardous for a driver. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent. Assistant City Attorney David Whitaker read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lucas was absent. Ordinance 5132 as Recorded in the office of the City Clerk R.W. Beck, Inc: A resolution approving a contract with R.W. Beck, Inc. in the amount of $110,700.00 to conduct a recycling study for the City of Fayetteville; and approving a budget adjustment in the amount of $10,700.00. Brian Pugh, Waste Reduction Coordinator: This study will help us define how we want our recycling program to took into the future. The staff feels that this recycling program is a vital service to Fayetteville. The pressures that we are getting to expand our recycling programs, this study will help us to thoughtfully and carefully examine those options and make our program much better in the future. Alderman Jordan: Were there any companies that were local that bid on it? Brian Pugh: Yes, Springline Consulting out of Fayetteville. Alderman Jordan: So you did have a company bid out of Fayetteville. Alderman Thiel: Yes, I was on that selection committee. Alderman Jordan: Why did you pick the one from Austin over the one from Fayetteville? Alderman Thiel: I don't really want to go into depth as to why we picked one over the other. I would say that we selected the best group for what we wanted. Their response in the RFP was Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b accessfaycaeville.org 16-5340 Ch 164.19 Amend. Page 76 of 161 City Council Meeting Minutes April 15, 2008 Page 13 of 14 what we were asking for. There were four firms that we interviewed and this was the one we decided on. This firm had a great deal of experience. 1 agree with you Lioneld that anytime we should use local firms. I like to use local firms but I think sometimes you get more expertise and experience. Brian Pugh: R. W. Beck is a nationally known consulting firm specializing in solid waste issues and they have done studies all around the country. They have a lot of experience and that is the main reason we chose them. Alderman Thiel: The budget adjustment is coming from buildings and grounds maintenance? Brian Pugh: The reason is that we had some money left over in that part of our budget. Alderman Thiel: It is a part of the Solid Waste buildings and grounds maintenance? Brian Pugh: Yes. We had some funds there to use. Alderman Thiel: I just wanted to make sure that it was coming out of Solid Waste. Alderman Allen: I am glad to hear that it is not coming out of the General Fund. I continue to make comments about consultants in the lean years, however I feel that this is something that we are all committed to and a very important thing to do. 1 agree with Alderman Jordan that it is always best to do it locally and I think maybe we can try to find ways to partner with the University on these kinds of issues in the future. I think this is a necessary adjustment because it is so important. Alderman Cook: Is this a not to exceed number? They are going to provide deliverables based on this number? Brian Pugh: That is correct. That is the final number. Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 7-0. Alderman Lucas was absent. r Resolution 86-08 as Recorded in the office of the City Clerk Fayetteville Municipal Airport Name Change: A resolution adopting the recommendation of the Airport Board and renaming the Fayetteville Municipal Airport. Ray Boudreaux, Aviation and Economic Development Director recognized Bob Nickell, Dave Bowman and Dr. Vaughn Decoster, members of the Airport Board who were present. He stated we would be happy to answer any questions. Alderman Thiel: It is probably important that the name be changed. Alderman Allen: I went to their board meeting and I completely understand why they feel this change is necessary. Planning Commission March 14, 2016 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) Agenda Item 7b access fayetteviIle.org 16-5340 Ch. 164.19 Amend. Page 77 of 161 City Council McelingMinutes April 15, 2008 Page 14 of 14 Alderman Cook: How fast does this change take effect? Ray Boudreaux: We will be using it in the marketing program right away. The idea is for Millionaire to be able to market their product and be able to sell to the flying public. it will take a little while to get the highway sign changed so when people come down there they know it is really not where the airlines are going to be. Mayor Coody: I bet you still get those folks down there but I hope that number drops. Alderman Cook: For lack of a better description are there flying maps and doesnit change on them? Ray Boudreaux: It really doesn't, the flying maps will just say Drake Field. Alderman Ferrell moved to approve the resolution. Alderman Jordan seconded the motion. Upon roll call the resolution passed 7-0. Alderman Lucas was absent. Resolution 87-08 as Recorded in the office of the City Clerk Meeting adjourned at 7:35 PM Ilan Coody, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain 7270) (479) 521-7700 (479) 575-8257 (Fax) accessfayel[evil le.org Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164 19 Amend. Page 78 of 161 ffa�p_ id c Co �c O f— (O O E (DEo E � M 00 o r a rn m rn co m a c r � U a q cd G r O a) cd U r N O Qi S+ N cn �"-. V1 J rnCd O N b Cd UCj o o i r O w 3 cn 6. +, C/] N by O f]y Cd b-0 O v, U +� 4� CLI U cd s bA cd U° U Q 'U) o o -K', CJ O w cd CIZ4 _ �n CIS o o cd on d �i 3 4� r� d Cd ° o Y o a'i Q ° �� �Q=� o � � on U �P �Q OU U p y U 4-4 Cd . p US C O C1 = w° coO C O U O .51, O O y CL' N O U O 3 a Q� 0 3 •`� U o p om Y c o un ° a� U H ai 71 o 3 cd CZ U cd 3 o(0 con (D c o o Cd °En U O p 4: O cd O t? Y U U one O N cd i cd N 3 ai cd �ti o a� _ C�jr� �. �' Y CLI ��\ U cn C3 shyly /yW�� " Y V] 0 o�-3 �y rCd fn > 3 °� Q = m by O =s 4 o cd O cd cnU Cd 0 0 0 U � ° p °" N o o o a� p o �� P � o °N o M Cd o N Q Q 40 _cv�p o°P.� � i/) O `�" o z HC/] �-1 - Q C:CD-0 O O r� C (p E v a) E o E Co p) oD O V C N U M ca ESQ d C m U n o co cCD-0 0 r-�� E aN Emrnao °cam a Q C t � U Cl- o A,cessor, D uManual! Introduction to ADU Development Understanding the basics How Do I Start? Planning an ADU pro- ject J Neighborhood Compatibility Being a good neighbor �t Planning Your New ADU Understanding your needs { Prototypical Designs and Designs for ADUs Design options 7 The Application Process Moving through the planning and building pen -nit process fin}, Building Your ADU Development basics Renting Your ADU Landlord basics ER. 491_;7:A�11111111 MOR11 -SOURCES •9 More Resources City Department Contacts Useful Web Sites Building Codes ADU Definitions ADU Plans Checklist ADU Permit Fees ADU Zoning Regulations Sample Lease Agreement Acknowledgements Planning Commission March14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 83 of 161 Section One: Getting Started Mapping out your process to design and develop an Accessory Dwelling Unit (ADU) requires you to do your homework. Section One helps you get started. What is an ADU? Who can build them? What governs their development? What technical and financial assistance pro- grams are offered by the City to help you build an ADU on your property? Introduction to ADU Development When you look around your neigh- borhood, you may see that some of your neighbors have built an ADU on their property. Perhaps to supple- ment their mortgage payments, pro- vide for elderly parents or allow their children to stay in Santa Cruz. Each had their own reason to build their ADU and each had to navigate the development process. You may be wondering what an ADU is, who can build them, and how to get started. Here we go. What is an ADU? An Accessory Dwelling Unit (ADU) is an additional, self-contained housing unit that is secondary to the main residence. ADUs are some- times referred to as "Granny units" or "Mother -In -Law units" since, many ADUs were initially con- structed to provide for family mem- bers. ADUs can take many forms. In some cases, an ADU can be attached as an addition to the house or as a second story over a garage. page 1 The garage itself may be converted to an ADU or the ADU may occupy a basement. An ADU can even be a section of the main house that has been separated from the main living space. And of course, an ADU can be a stand-alone unit like a small house or cottage. The City only requires that an ADU have a kitchen, bathroom, and place to sleep. Alleys provide excellent opportunities for ADU development with an access that is separate from the main house. AB 1866 was signed by the Governor in 2003. The new law is intended to promote development of second units in existing and future single family lots. It makes review of Accessory Dwelling Units (ADUs) ministerial. That is, development of an ADU can- not be prohibited if it meets development standards. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 84 of 161 In communities that are most- ly built -out, ADUs provide a way to add needed housing utilizing existing infrastruc- ture. This older ADU over a garage demonstrates how they have provided a source of afford- able housing in traditional neighborhoods. An ADU is different than a duplex in two ways. (1) Typically the two units that make up a duplex are rela- tively equal in size and one unit does not usually dominate the other on the lot. The City of Santa Cruz strictly limits the size of ADUs. (2) Both units in a duplex may be rented. For ADUs, the owner must reside either in the ADU or in the main house. Who Can Build an ADU in the City of Santa Cruz? Any homeowner within the City of Santa Cruz boundaries who has a lot that is 5,000 square feet or more in area and is zoned for single-family dwellings may consider building an ADU. However, the configuration of the lot (especially the lot width), the amount of area covered by the main house, and other factors affect whether or not the ADU can actual- ly be built on a lot. No matter what kind of ADU is developed, the property owner must live at the same address as the ADU and only one ADU per single-family lot is allowed. What Do I Need to Know to Start the Planning of an ADU? In some ways, building an ADU requires the same thought as any investment. Take a look at your needs, your finances, and determine if an ADU makes sense for you at this time. You will also need to research the zoning requirements for an ADU to determine if an ADU will be allowed on your lot. If you decide that you want to pursue building an ADU, the following sec- tions in this Manual will take you step by step through the process. How Do I Start? Congratulations! If you are continu- ing to read this, chances are you are seriously considering building an ADU. After you've looked at your finances and have decided that building an ADU makes good eco- nomic sense, you need to look at the practicality of creating an ADU on your property. Over half of Santa Cruz land area is zoned for single- family housing. There are now an estimated 1,800 single family lots that could be eligible for ADUs. So what does this mean to you? Determining if Your Property Qualifies for an ADU In Santa Cruz, lots have to be at least 5,000 SF in size to be consid- ered eligible for an ADU. Even if your property is large enough, there are a variety of other considerations. Do you have heritage trees (see Appendix for definition) on your property? Are you located in an area with unstable soils or steep slopes or near a creek or waterway? Does the land have archeological value? Is your house or property a cultural or historic landmark? These issues may not prevent you from develop- ing an ADU, but would require additional studies or mitigation. The City can help you gain a better understanding if these types of issues affect your property. ADUs are allowed only within resi- dential zones. If you have any doubt, whether your property is in a zoning area that allows ADUs, call or visit the Planning Department for a final determination. page 2 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 85 of 161 Getting to Know Your ADU Zoning and Design Standards Santa Cruz has developed zoning standards for ADUs. These stan- dards are intended to make ADUs work with the community's small lots and compact neighborhoods. You and your design professional will need to review the standards to design your ADU. The table to the right provides a summary of the City's standards for a one-story ADU located on a R-1-5 parcel. Your parcel may be different. Some information for a two-story unit is included in the table as well. Hiring Design Professionals to Help You Develop Your ADU This Manual includes prototypes of ADUs and suggests how they can be adapted for various sites, neigh- borhoods, and architectural con- texts. If you use these prototypes for your ADU, you will have site - specific conditions to accommodate or you may want to customize the plans. You will also need to modify the plans for neighborhood compati- bility. (See Section 2 for a discus- sion of what this means.) Or you may want to start from scratch and ADU Zoning Standards Zoning Code forTypical1 • , !Exceptions/Comments Minimum lot size 5,000 SF NO exceptions. Maximum unit size for lot up 500 SF 7,500-9,999 SF lot can have 640 SF ADU. to 7,499 SF 10,000 SF+ lot can have 800 SF ADU. Side yard setback, one story 3 feet 5 feet for 2 story ADU. Side yard setbacks, one 8 feet 8 feet for 2 story ADU, story, on a corner lot Front yard setback 20 feet ADU can built in front of the main house as long as required setback is maintained. Rear yard setback, one story 3 feet 20 feet for 2 story ADU without only Administrative Use Permit. Maximum height* 13 feet to mid roof** 22 feet to roof peak for 2 story ADU. Minimum distance between 10 feet 6 feet between habitable and non -habitable habitable structures structures (sheds, garages, etc.) Maximum rear yard coverage 30% of 20 foot setback Not required if facing alley. Parking spaces 1 space per ADU Assumes 1 bedroom ADU and 3 bedroom 2 spaces for house house. More bedrooms need more spaces. Covered parking None Building an ADU eliminates required covered parking for lot.*** Parking location Up to 3 cars can be parked in tandem in driveway. Up to 3 spaces allowed in front yard (maximum of 50% front yard may be paved). ADU entrance, main windows May be oriented towards main house but not towards neighbor's property and entry ADU exterior Must relate to main house in building materials, roofline and other details. Notes: * Typical requirements for an ADU located in R-1-5 zone (check Zoning Code for your lot) ** Maximum height is measured to midpoint of highest gable. *** This facilitates converting a garage into ADU page 3 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 86 of 161 In historic neighborhoods, "carriage houses" along alleys were common methods for adding worker housing. This single story cottage was built in the 1920's creating a second address out of the neighborhood alley. design your own unit. In any case, you will probably need to work with a qualified designer, builder, or engineer to make sure your project meets your needs as well as the City's permitting requirements. When choosing an architect or design professional, ask their for references and look at their previous experience. It is important that their designs and quality of work is something that is agreeable to you. It is also helpful if they have experi- ence in your community in the pro- ject review and development process. Often, design professionals with local experience can better anticipate the types of technical and regulatory issues you will need to address. They can help you deter- mine what you need, what design suites you and your neighborhood, estimate costs, identify necessary technical studies, and administer construction. Taking Advantage of the City's ADU Development Program Santa Cruz has a progressive ADU program with both technical and financial assistance. The State's California Pollution Control Financing Authority (CPCFA) Sustainable Communities Program has funded this Manual and the ADU Prototypes Plan Sets, a series of ADU design workshops on video tapes and the following additional assistance to homeowners: Technical Assistance Grant: For a limited time, the City will pay up to $100 for one hour of a professional's time to help you solve particular design problems or adjust your ADU Prototype. Apply for this assistance with your building permit. • ADU Loans: A joint City/Santa Cruz Community Credit Union loan program provides up to $70,000 at 4.5% interest. Affordable covenants are requi- site. Apply at the Credit Union, call (831) 425-7708. • Wage Subsidy Program: The Community Action Board of Santa Cruz County's Women Venture Project will provide 50% salary assistance for builders using graduates from their train- ing program for the building trades. Call (831) 724-0206 for information. The types and amounts of assistance will vary from year to year depend- ing on available resources. If you have questions about these pro- grams, the City of Santa Cruz Housing and Community Development Division can be reached at (831) 420-5110 and visit- ed on-line at www.ci.santa- cruz.ca.us/pl/hed. You can also visit the Planning Department at 809 Center Street. Other Resources to Help You Get started There are a variety of books and other resources that can be found on-line, at the Santa Cruz library, and bookstores. Books about small houses and cottages are popular as Americans and Californians discov- er opportunities in their own back yards for ADUs. The Appendix includes a list of ADU-related resources. page 4 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 87 of 161 Section Two: Designing your ADU Your ADU has to meet your needs, result in a livable home for the tenant, and be a compati- ble fit with your neighborhood. This section is about understanding how to plan your ADU. It includes methods for evaluating how to be a good neighbor, the best location for your ADU, and some examples of designs. Neighborhood Compatibility Santa Cruz residential neighbor- hoods have a variety of architectural styles, block and lot patterns. To make sure your ADU is a good neighbor, you will want to talk to your neighbors, take a look around, and see how your ADU can best fit on your site and into your neighbor- hood. Take a Look Around: Assessing Your Neighborhood Santa Cruz evolved from a lumber industry town in the 1800's to a sec - and home, university and resort community in the late-1900's. The combination of climate, natural set- ting, social consciousness and lifestyle has resulted in a communi- ty that values its historic neighbor- hoods while embracing counter cul- ture attitudes about design. The City's neighborhoods reflect these traditions. As a result, Santa Cruz has a broad variety of single-family neighbor- hood, each with distinct characteris- tics. By understanding the unique features of your neighborhood, you can plan an ADU to preserve or enhance some of these features such as yards, views, and landscape or architectural character. Neighborhoods in central Santa Cruz have been designated as his- toric districts with special guidelines and review procedures to protect their character. Some neighbor- hoods, such as the Morrissey Avenue area on the Eastside, were planned prior to WWII and have traditional plan features such as Have a look at the "Take a Look Around Your Neighborhood" checklist on the next page. It has a list of questions to consider and the potential implications for planning your ADU. page 5 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 88 of 161 Take a Look Around Checklist What questions do we need to ask before How does it effect your planning? designing aAD What is the predominant height of homes in your neighborhood? One If a neighborhood has predominantly one-story homes, then you probably would want to build a one or two stories? story ADU. Are homes set back the same distance from the street or are they Some neighborhoods have uniform setbacks and relationships to the streets. Other neighborhoods staggered? Is there an established pattern to the house and lot pat- have irregular patterns. An ADU should fit into the pattern of setbacks for houses and garages. terns in your neighborhood? What do most of the roofs in the neighborhood look like? What are the Typically for best neighborhood fit, your roofline may mirror the main house's roof. In some neigh - materials, colors and pitch? borhoods, garages and ancillary structures have a different roof forms. You may chose to reflect these traditions instead. Where do most of the homes have their garages? Are they detached ADUs are typically about the size of a large garage. Look at your neighborhood pattern for garage or attached? Are they in front, back or on the side of the house? placement to reduce the impact on your neighborhood character. Is there typically a narrow or wide space between homes? If your ADU is in the backyard, consider how you will enter the ADU. If possible it should be from an alley. The goal is to minimize the impact that the ADU access way might have on neighbor's win- dows. Is landscaping or fencing or a combination used to define lot lines? Fencing or landscaping in a neighborhood establishes different degrees of privacy. You may want to screen your ADU with plant materials that are compatible with the neighborhood. Do lots typically have only one structure or several (i.e. house, A pattern with multiple structures would enhance the option of building a stand-alone ADU. garage, sheds, etc.)? Is there one material or color that is predominantly used for the homes Often the best option for exterior materials is to match the main house. However, if there is a domi- on your block? nant material or color in the neighborhood, that might be considered as well. Are front yards nicely landscaped or is the most prominent feature Placement of parking is critical when thinking of neighborhood impact. If you are using your front paved parking areas? driveway to accommodate more cars, think of how you might use landscaping to help reduce the visual impact on the street. Try to keep your front yard in keeping with your neighbors. Does your neighborhood have heavy or light vegetation in the back Your ADU siting and design should respond to the pattern of landscape located in your neighbor - yard areas? hood. The pattern of canopy trees and hedges is part of the neighborhood context. page 6 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 89 of 161 Traditional Neighborhood Blocks Features: • Shallow lots, with or without alley • Carriage houses and garages at the back of the lot • Original carriage houses small single bay buildings Santa Cruz Neighborhood Contexts 1 1 1 j N 1 El 1 1 f j � o j 1 1 1' 1 r 1 j 1 E 1 r-t-i ;T Transitional Neighborhood Blocks Features: • Pre-war grid blocks with pre- and post war housing • Deep lots • Garages located in rear yards Suburban Neighborhood Blocks Features: • Cul-de-sac blocks • Small yards • Parking in front of lot with 20' driveway parking ADU Sites: ADU Sites: ADU Sites: • Place ADUs along alley frontage or rear property Place ADUs within garage zone in rear yards Garage conversions line Place ADUs in rear lot areas on bigger lots page 7 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 90 of 161 This Spanish Revival house has converted the garage into a ADU. The corner lot has an expanded driveway with spe- cial brick pavers and land- scaping to visually reduce the parking area in that yard. gridded streets, narrow lots, porch- es, alleys, and garages placed in the rear of the lot. Post-war neighbor- hoods, such as the Westlake neigh- borhood, have developed with very suburban features including curving streets, wider lots, single story ranch -style homes, and attached garages with driveways facing streets. And then there are the rem- nants of summer cottages in the Seabright and Circles areas. Whether a pre- or post war vintage, Santa Cruz's neighborhoods have accommodated generations of addi- tions and secondary structures. While reflecting zoning require- ments, floor plans and lot configura- tions found in the neighborhood, many patterns have emerged to accommodate change over time. For example, there may be a tradi- tion for additions built on to the rear of the house thus protecting side yard separations. In other neighbor- hoods, garages and secondary struc- tures were built along an alley leav- ing backyards open. Because they evolved in response to the neighbor- hood pattern, these changes look and feel natural. Today, numerous Santa Cruz neigh- borhoods are showing new signs of transition. Some smaller lot subdivi- sions and locations that offer views of the ocean are being pressured by the desire for larger homes. Neigh- borhoods adjacent to commercial areas or higher density housing are affected by the changing scale of buildings. Both of these types of neighborhoods are considered to be in transition, offering past and future contexts for building ADUs. In these areas, the questions of pri- vacy, scale and architectural charac- ter are a moving targets and make talking with your neighbors even more important. Determining Fit Determining what type of ADU design will fit your block and yard requires understanding your neigh- borhood patterns and a more focused examination of your lot and those of your neighbors'. There are several elements that will determine the fit of your new unit. These include placement on the site, orien- tation, outdoor spaces, and architec- tural design. The top issue discussed in the com- munity workshops conducted during the preparation of the ADU manual was protecting the privacy of neigh- bors. The views of private and shared spaces, acoustical privacy, and entry routes used by tenants were identified as concerns. To respect your neighbor's privacy, you need to think about how your ADU is sited and designed. Whether attached, detached, one or two- story, each type of unit has its own set of issues. The orientation of ADUs is an important privacy consideration. This means you have to think about which way your unit faces and where it is placed on the site. The entry, porches, private or shared outdoor spaces, window placement and closeness to property lines should be considered when design- ing your unit. Depending on your site constraints and parking needs, you may also have a choice whether it is a single or two-story ADU. Privacy between the main house and the ADU should also be part of your design plan. Besides views from page 8 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 91 of 161 windows, there are other considera- tions including the use of rear and side yard spaces, entry pathways, and parking location for the ADU. When designing your ADU, there is an opportunity to plan which parts of the yard will be exclusively for the tenant's or home owner's use and which part is shared. These areas can be defined with landscap- ing, gardens, paving and other devices. The way someone enters the ADU can cause privacy con- cerns as well. Planning the site to limit the routine use of private yard areas or passing by private rooms to access the ADU can improve priva- cy. The location of parking can also have an impact on where tenants walk and the noises from after hour departures and arrivals. Alley lots and corner lots provide more flexi- bility in terms of locating ADU parking away from the owner's house. Architectural design is another area of consideration. Santa Cruz has been particularly careful that new projects are architecturally compati- ble in historic and traditional neigh- borhoods. However, many post war single family subdivisions and sites located adjacent to cominercial or industrial areas provide opportuni- ties to explore more contemporary design solutions for ADUs. Con- temporary solutions can feature new energy saving technology or sus- tainable design, non-traditional indoor and outdoor spaces, or fanci- ful and sculptural roof and building forms. As the owner, you will also need to consider the compatibility of the ADU design with your home. Your existing house may provide a palette of roof forms, window design, materials and colors, and other architectural features that can be replicated. This would create an esthetic and ownership connection between the main house and the ADU. Talk to Neighbors Of course an important part of being a good neighbor is discussing your plans with adjacent property own- ers. This can help you better under- stand how your ADU can be designed to reduce the impact on their lifestyle. In some cases, your page 9 neighbor may also be considering developing an ADU in the future and the coordination of siting and orientation can result in a better sit- uation for both. Some issues you may want to discuss include priva- cy, views, solar access, parking location, and the timing and sched- ule for construction. Talking with your neighbor provides an opportu- nity to discuss the merits and trade- offs of different design approaches. Some potential talking points are listed below. • Privacy. One of the most obvi- ous topics will be visual privacy. This often includes views into houses and into private back- yards. The location of the ADU, window placement and orienta- tion of private and public rooms in ADUs could be topics of dis- cussion in this regard. • Solar Access. Access to the sun for gardens and yards can be an important concern of neighbors. Placing a two-story unit close to your northern property line can impact a neighbor's solar access. This single family house has added an ADU as part of a new garage project. The ADU design reflects the design of the house and uses dormer windows to keep the building at a 1-112 story height. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 92 of 161 Pages 11-13 have diagrams illustrating various ADU options. The drawings show how detached, alley, and attached ADUs can be more compatible with your neigh- borhood and own home. • Views. In some of Santa Cruz's neighborhoods, views of the ocean, woodlands and other scenic features are important assets that should be shared by neighbors. The placement of ADUs, particularly two-story buildings, should reflect an understanding that views are shared. Parking. Parking standards in Santa Cruz for homeowners building ADUs are very flexible. However, although the location of cars confonns to City codes, your parking spaces may still impact your neighbors. • Scheduling the Work. In some cases, your neighbor may have young children or other needs that cause you to consider how you schedule construction of your ADU. You may want to dis- cuss the schedule of your con- struction project, both in tenns of start and finish dates and the times of day and days of the week that construction will take place. Remember, your neighbor may be the next one to develop an ADU, and you would like the same oppor- tunity to discuss their project. Planning Your New ADU As you begin to plan your ADU, you will want to think about the cri- teria that will determine its size, floor plan, location on your site, and your budget. Besides your housing and economic needs, these types of decisions will be affected by the City's zoning and building codes. A summary of zoning code highlights is included in Section 1. The com- plete Zoning Code for ADUs is included in the Appendix. How Big? What will Be Included? In Santa Cruz, ADUs are allowed to be a maximum of 500 SF on lots from 5,000 SF to 7,500 SF. For lots between 7,500 SF and 10,000 SF, ADUs may up to 640 SF. For lots in excess of 10,000 SF, an ADU may be up to 800 SF. Besides the zoning ordinance requirements, you will want to think about who will live there and what amenities or design features should be included. You may want to build an ADU for income purposes or to make room for an elderly parent or grown child. You may even build the ADU for yourself. Each ADU resident may have different needs. For example, malting a unit accessible for wheel- chairs by locating it at grade and providing wider doors and bath- rooms adds to the diversity of affordable units in Santa Cruz and gives it greater flexibility by antici- pating the needs of a physically challenged person or an elderly par- ent. Think about the needs of the person living in the ADU. Will they need additional storage space? Is it important that they have access to a laundry room? Do they get a deck or private outdoor space? Where On Your Property Will the ADU Be Located? In addition to the neighborhood context issues previously discussed, you may have personal reasons to locate an ADU on one part of the site instead of another. For example, if you are building the ADU for an elderly parent or extended family member, you may want to have an attached unit. If the ADU is rented, you may want to increase your pri- page 10 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 93 of 161 Detached ADUs How can detached ADUs be in scale with the neighborhood and architecturally compatible with the existing house? • In what ways is the ADU architecturally compatible with the primary structure and other houses in the neighborhood? • Is the ADU subordinate in scale and size to the primary house? • How is the ADU designed to reduce the impact on privacy of neighbors? • Does the lowest side of the ADU roof face adjacent properties to reduce the visibility of the ADU from the adjacent property? • Are ADU entries oriented towards rear alleys, the main house, or yard rather than the neighboring house or yard? • Are ADU windows either oriented or glazed to ensure privacy for neighbors? 1 ' k - r y dA Y Sketch of Two Story ADU over Garage IN One Story Backyard Cottage • 5' setbacks • Uncovered parking in driveway 1-1/2 Story Backyard Cottage • 5' side yard setback • 20' rear yard setback • Uncovered parking in driveway page 11 One Story Backyard Cottage • 5' setbacks • Uncovered parking in driveway Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 94 of 161 Two Story ADU over Garage —Alley • 5' side yard setback • Private ADU yard space • Parking in alley garage and front driveway ADUs on Alleys and Corner Lots How can alley access and corner lot ADUs be compatible with the primary structure and neighborhood? • Is the ADU built along the edge of the alley to maintain the pattern of back yard open space in neighborhoods? • Is an alley ADU designed to provide "eyes - on -the -street" security? • Does the ADU preserve existing trees in rear yards and along alleys? • If the alley ADU is located over a garage, is the building set back far enough to back a car into the alley? • Is enhanced landscaping provided along the street or alley edge? Sketch of 1-1/2 Story Backyard Cottage page 12 Planning Commission March 14. 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 95 of 161 Attached ADUs How can ADUs that are added to existing structures be designed to maintain the building scale, architectural character, and yard patterns found in the surround- ing neighborhood? • Is the primary residence containing the ADU of a compatible scale with nearby residences? • Is the ADU addition visually subordinate to the original building? Do the massing, scale, and the location of an addition allow the original building to remain visually prominent? • If the ADU addition is taller than the origi- nal building, is it set back from the primary facade? • Is the ADU entrance visible from the street front? Does it maintain the appearance of a single-family home? • Are the materials and windows of the ADU compatible with those in the original house? • Is the ADU roof or attic addition in scale and compatible with the original structure? • Are dormer or roof additions subordinate to, and set back from, the primary facade so the original roofline can be seen from the street? • Does the ADU have yard setbacks, street orientation, use of front porches and other design elements found on your block? ADU and Garage Addition —Front • 5' side yard setback • 20' rear yard setback • Parking in garage and driveway ADU and Garage Addition —Side • 5' side yard setback • 20' rear yard setback • Parking in garage and driveway One Story Backyard Addition • 5' side yard setback • 20' rear yard setback • Parking in garage and driveway page 13 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 96 of 161 This small converted garage located on a corner lot is now a back yard garden cottage. vacy by locating the ADU farther away from your house. In addition to privacy issues, there are physical design criteria that are important to you and unique to your site. You may be an avid gardener so orienting the location and design of your garden toward the sun is important. Your yard could have a heritage tree (see Appendix for defi- nition) that has to be saved or a nice patio or deck that must be worked around. By considering all site plan variables at once you have a better opportunity to create the win -win - win design that satisfies you, your neighbors and the tenant. What Will Be the Ultimate Cost? As with any development project, you want to be able to anticipate the costs of your ADU project. There are several ways to look at these costs. If your ADU will be for added income, you will want to make sure the ADU rent covers the costs. Or you may want to increase the equity in your home as an investment. If you are building an ADU for other reasons, you have to weigh the benefits with your own economic situation and family needs. Regardless of your motivation, you want to be able to design an ADU that meets your budget. One of the common pitfalls of any develop- ment project is not anticipating costs or understanding the types of costs. So, what do we mean by costs? There are "hard costs" and "soft costs". Hard costs include construc- tion (materials and labor), site preparation, utilities, building, and landscaping. Soft costs include financing (second mortgage or con- struction loan), planning and build- ing pennits, development fees, utili- ty hook up fees, and professional design and engineering services. A good place to start to identify costs is from what you can easily find out. For example, you can find out what development fees you will need to pay to the City. Then, a con- tractor, architect or an estimating book can give you a range of con- struction costs on a square foot basis in Santa Cruz. This can start to provide a ballpark number to use for planning. You should also check on types and amounts of financing that might be available to you before you start. The City's new ADU loan program is something to con- sider if you are willing to maintain an affordable unit for 15 or 20 years. For hard costs, you may be sur- prised that you do have some con- trol over your destiny. Here are some things you, your contractor and/or architect might consider. • Lower Construction Costs. Garage conversions can be an affordable way to utilize your existing structure to create an ADU. Single story at -grade units are also cost effective if you have room on your site. If you build an ADU above parking then you have to consider the cost of the garage. Two story units can save yard space and have smaller foundations and less roof area but tend to have higher structural costs and require the added cost of building stairs. page 14 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 97 of 161 Detached ADUs How can detached ADUs be in scale with the neighborhood and architecturally compatible with the existing house? • In what ways is the ADU architecturally compatible with the primary structure and other houses in the neighborhood? • Is the ADU subordinate in scale and size to the primary house? • How is the ADU designed to reduce the impact on privacy of neighbors? • Does the lowest side of the ADU roof face adjacent properties to reduce the visibility of the ADU from the adjacent property? • Are ADU entries oriented towards rear alleys, the main house, or yard rather than the neighboring house or yard? • Are ADU windows either oriented or glazed to ensure privacy for neighbors? 1 ' k - r y dA Y Sketch of Two Story ADU over Garage IN One Story Backyard Cottage • 5' setbacks • Uncovered parking in driveway 1-1/2 Story Backyard Cottage • 5' side yard setback • 20' rear yard setback • Uncovered parking in driveway page 11 One Story Backyard Cottage • 5' setbacks • Uncovered parking in driveway Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 94 of 161 Two Story ADU over Garage —Alley • 5' side yard setback • Private ADU yard space • Parking in alley garage and front driveway ADUs on Alleys and Corner Lots How can alley access and corner lot ADUs be compatible with the primary structure and neighborhood? • Is the ADU built along the edge of the alley to maintain the pattern of back yard open space in neighborhoods? • Is an alley ADU designed to provide "eyes - on -the -street" security? • Does the ADU preserve existing trees in rear yards and along alleys? • If the alley ADU is located over a garage, is the building set back far enough to back a car into the alley? • Is enhanced landscaping provided along the street or alley edge? Sketch of 1-1/2 Story Backyard Cottage page 12 Planning Commission March 14. 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 95 of 161 Attached ADUs How can ADUs that are added to existing structures be designed to maintain the building scale, architectural character, and yard patterns found in the surround- ing neighborhood? • Is the primary residence containing the ADU of a compatible scale with nearby residences? • Is the ADU addition visually subordinate to the original building? Do the massing, scale, and the location of an addition allow the original building to remain visually prominent? • If the ADU addition is taller than the origi- nal building, is it set back from the primary facade? • Is the ADU entrance visible from the street front? Does it maintain the appearance of a single-family home? • Are the materials and windows of the ADU compatible with those in the original house? • Is the ADU roof or attic addition in scale and compatible with the original structure? • Are dormer or roof additions subordinate to, and set back from, the primary facade so the original roofline can be seen from the street? • Does the ADU have yard setbacks, street orientation, use of front porches and other design elements found on your block? ADU and Garage Addition —Front • 5' side yard setback • 20' rear yard setback • Parking in garage and driveway ADU and Garage Addition —Side • 5' side yard setback • 20' rear yard setback • Parking in garage and driveway One Story Backyard Addition • 5' side yard setback • 20' rear yard setback • Parking in garage and driveway page 13 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 96 of 161 This small converted garage located on a corner lot is now a back yard garden cottage. vacy by locating the ADU farther away from your house. In addition to privacy issues, there are physical design criteria that are important to you and unique to your site. You may be an avid gardener so orienting the location and design of your garden toward the sun is important. Your yard could have a heritage tree (see Appendix for defi- nition) that has to be saved or a nice patio or deck that must be worked around. By considering all site plan variables at once you have a better opportunity to create the win -win - win design that satisfies you, your neighbors and the tenant. What Will Be the Ultimate Cost? As with any development project, you want to be able to anticipate the costs of your ADU project. There are several ways to look at these costs. If your ADU will be for added income, you will want to make sure the ADU rent covers the costs. Or you may want to increase the equity in your home as an investment. If you are building an ADU for other reasons, you have to weigh the benefits with your own economic situation and family needs. Regardless of your motivation, you want to be able to design an ADU that meets your budget. One of the common pitfalls of any develop- ment project is not anticipating costs or understanding the types of costs. So, what do we mean by costs? There are "hard costs" and "soft costs". Hard costs include construc- tion (materials and labor), site preparation, utilities, building, and landscaping. Soft costs include financing (second mortgage or con- struction loan), planning and build- ing pennits, development fees, utili- ty hook up fees, and professional design and engineering services. A good place to start to identify costs is from what you can easily find out. For example, you can find out what development fees you will need to pay to the City. Then, a con- tractor, architect or an estimating book can give you a range of con- struction costs on a square foot basis in Santa Cruz. This can start to provide a ballpark number to use for planning. You should also check on types and amounts of financing that might be available to you before you start. The City's new ADU loan program is something to con- sider if you are willing to maintain an affordable unit for 15 or 20 years. For hard costs, you may be sur- prised that you do have some con- trol over your destiny. Here are some things you, your contractor and/or architect might consider. • Lower Construction Costs. Garage conversions can be an affordable way to utilize your existing structure to create an ADU. Single story at -grade units are also cost effective if you have room on your site. If you build an ADU above parking then you have to consider the cost of the garage. Two story units can save yard space and have smaller foundations and less roof area but tend to have higher structural costs and require the added cost of building stairs. page 14 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 97 of 161 Example , DU Budget Off Site Water Service 3,500 Improvements Foundation Grading/Excavating/Backfill/Compaction 2,500 Concrete & Rebar, Anchoring 7,500 Framing Studs, joists, rafters, sheathing, beams, headers, connectors 24,500 Plumbing Rough 2,500 Finish 900 Roofing Asphalt shingle 3,500 Doors Interior, exterior, shower encl. 3,500 Windows Wood 4,500 Finishes Drywall 3,250 Carpeting 900 Resilient Flrg 800 Countertops (laminate) 750 Cabinets 1,200 Ceramic Tile 1,200 Painting (interior and exterior) 5,000 Metalwork Piperail Guardrails (Int.) 2,500 Gutters, downspouts 1,000 Mechanical Tankless Water Heater 750 Gas Fired Wall Heaters 800 Garbage Disposal 200 Landscaping Allowance 500 Total Preliminary $76,000 Estimation of Construction Cost page 15 This table shows an example construction budget for a 500 SF ADU. In addition to construction budgets, a home owner needs to consider other types of costs such as permit fees, insurance, pro- fessional design or engineer- ing services, or financing costs. These can add up to over 30% of the construction cost. It is important to do the research on these other costs when planning your project. See the Appendix for a list of other permits and fees. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 98 of 161 This new single family house has added an ADU built above the garage. The garage and ADU are built to the rear of the site making them less conspicuous from the street. • Parking. For any ADU type, you still need to consider the cost of parking. Is it covered in a garage? Do you need to expand your driveway or build a new one? Do you access the ADU from an alley? • Access to Utilities. Planning your site to have easy access to utilities can save money by avoiding the necessity of digging long trenches. Utility Meters. Utility meters and connections can be a big ini- tial cost. Providing separate water connections is expensive. The Fire Department will deter- mine if your water service has enough pressure for fire sprinkler systems required by the City of Santa Cruz. PG&E will not install a separate gas or electric meter on the same parcel for you. Sharing them may save money but you will have to consider how you share the cost of utili- ties with your tenant. • Materials. The choice of build- ing materials is a cost item you have some control over. However, you can see on the sample budget summary on page 15, that you might not save as much as you might think. Basic planning decisions can make a bigger difference in cost savings. • Labor. The cost of labor can be a big variable. Are you going to do part of the work yourself? Will you be your own contractor? Should you? • Time. Regardless of the approach you take to budgeting for your ADU, a cominon item is the cost of time. The longer the project takes, the longer you go paying on your construction loan without rental income. Sometimes trying to make the construction costs cheaper by doing it yourself and not hiring a contractor extends the construc- tion period increasing the soft costs. Often people do not consider the life cycle costs of construction. These include resource consump- tion, such as the cost of energy and water, and maintenance. For exam- ple, you may choose to save money by selecting a cheaper siding mater- ial or a 15-year roof rather than a 25-year roof. You may end up pay- ing more in the long run with main- tenance or replacement costs. Malting some initial investment in energy -efficient design and materi- als can make energy bills smaller too. There is also an enviromnental cost of using certain materials because of toxic byproducts in the manufactur- ing process or problems with dis- posal at the end of the life of the building. Santa Cruz's progressive tradition brings a natural awareness and concern about these types of hidden or deferred costs to the plan- et. There is a list of "green" build- ing materials on page 18. Prototypical Designs and Details for ADUs One of the most exciting parts of developing your ADU is planning and designing it. As with any small home, you can design it, have an architect help you, or pick one out of a catalog. This section provides ADU Prototypes to help inform your efforts in selecting and modify - page 16 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 99 of 161 ing the type of ADU that meets your needs. It also has some tips on energy conservation and accessibili- ty. The ADU Prototypes are all designed as 500 SF one -bedroom units with the exception of the garage conversion. The garage con- version Prototypes reflect a typical two car structure of 400 SF. The City has worked with architects and engineers to provide drawing sets that can be used as the basis for building your ADU if you so choose. However, not every site is the same, so the Prototypes will need to be modified to suit your lot and detailed to be compatible with your main house and neighborhood But, the ADU Prototypes are a pret- ty handy way to get a project quick- ly through the process without too many surprises. All the Prototypes have been pre -reviewed by City departments, and are available at the City Planning counter. Pages 19-36 provide brief written and graphic descriptions of the seven Prototypes. They include one and two-story ADUs, parking garages with ADUs above, alterna- tive construction methods, and garage conversions. How to Choose a Prototype Between reading the "Take a Look Around" checklist on page 6, think- ing about your plan and talking to your neighbors, you should have a pretty good idea what type of ADU will suit your needs and let you be a good neighbor. You may choose to build one of the Prototypes as they are drawn or modify one for your site and needs. In either case, you need to make a clear list of your objectives. You will need to consid- er the type of neighborhood you are in, the location on your lot, need for disabled access, alternative con- struction options, construction peri- od, and whether your existing two car garage could be used for your ADU. How to Modify the Prototype to Fit Your Needs After reviewing the Prototype you may find they would have to be modified to fit your situation or needs. A Prototype plan may have to respond to a special site planning or architectural context. Planning reasons to modify a page 17 Prototype could include: • Changing its orientation and entry location; • Flipping the plan for better access to utilities; • Rotating a plan to change the location of private space or access to parking; or • Rotating a plan for better solar orientation or to capture views. Architectural design reasons to modify a Prototype could include: Changing the roof, window or siding types to match the existing house; Moving windows and doors to reflect privacy needs; or Accessorizing your ADU to suit your site and personality. The Prototype plans attempt to anticipate a variety of contexts. They make the effort to be flexible within technical constraints of meet- ing building codes. There are some things that cannot be changed. Some of these include the amount of foundation and wall area that is needed for structural support, the minimum amount of window area Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 100 of 161 Using Green Building Materials The following is a list of just a few "Green Building" materials considered to significantly reduce environmental impacts during manufacture, placement, lifetime use and post-lifecycle decon- struction. Combined with State mandatory energy conservation measures the finished structure poses much less impact on the environment and utility needs. When ordering materials, consider not only the manufacturing process but also where materials are coming from. A local suppli- er/manufacturer can save considerable transport costs and use of fossil fuels. Compared with their conventional counterparts the following materials require generally less manufacturing and help to minimize environmental impacts: Getting Started/Site Selection: Consider Renovating Older Building Deconstruct/Recycle/Reuse Existing Structures Choose Least Disruptive Pad Location To: • Minimize Grading / Land Disturbance • Work Around/Protect Existing Trees • Protect Eco/Archeologically Sensitive Areas. • Use Solar Orientation for Maximum Gain • Provide For Onsite Storm and Gray Water Management Locate Close to Public Transportation Hub Foundation / Under Floor: High Volume Fly Ash Concrete (Min. 15%) CBA and/or ABQ Treated Wood (avoid arsenic) Permanent Forms / Insulated Foundations required for emergency egress; ven- tilation, materials and design fea- tures required to meet minimum energy efficiency requirements; and other minimum/maximum dimen- sions prescribed by codes. The Prototype plans in this section of the ADU Manual illustrate some potential design variations. Framing/Sheathing/Exterior Cover: Forest Stewardship Council Certified Lumber Light Gauge Steel Framing / Straw Bales Structurally Insulated Panels (SIP's) Finger Jointed /Engineered Wood Salvaged Timbers Agricultural Boards (wheat/straw) Europly / Medium Density Fiberboard Fiber-Cement/Recycled Content Siding & Roofing Recycled Content Decking Interior Environment/Finishes: Cellulose or Cotton Insulation vs. Fiberglass Low or No VOC Adhesives/Solvents/Paints/Finishes Natural Linoleum vs. Oak/Vinyl Cork and/or Bamboo Flooring vs. Oak/Vinyl Recycled Ceramic Content Tiles Natural Fiber/Recycled Content Carpeting Salvaged Wood Flooring Recycled Door/Window Trims Plumbing/Electrical/Mechanical: Tankless or Solar Water Heating Hot Water Circulation Ultra Low Flow Fixtures Ultra High Efficiency Lighting Solar Photovoltaic Electric Panels High Efficiency Heating/Cooling Passive/Active Solar Heating Energy Conservation and Accessibility In California, Title 24 prescribes energy efficiency and access requirements for new construction. These are minimum requirements. You may desire to have better ener- gy efficiency or snake your unit spe- cially equipped for disabled access. The ADU Prototypes strive to take advantage of Santa Cruz's climate, solar access and use of materials with higher insulating values. page 18 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 101 of 161 Key Features: • Preserves and reuses existing garage and driveway. • Private deck and yard for ADU. • Dining and living room spaces have sliding windows that open to visually expand rooms to the outdoors. • Provides for architectural variations to match existing house or unique architectural expression. • The plan can be rotated to accom- modate utility connections or alley access. Site Plan This Prototype demonstrates how an ADU can be constructed over the top of an existing detached two -car garage located at the rear of the lot. Your exist- ing garage may be built too close to the property line. Two-story ADUs have to be built at the minimum setback, which is 5' in Santa Cruz. This plan offsets the ADU over the garage providing the necessary side yard setback. The ADU and owner share the same driveway and split the backyard. The ADU has a private deck and small yard at the back. Floor Plan The one bedroom plan orients the pub- lic spaces (living, dining and kitchen spaces) towards the front driveway and private spaces (bath and bedroom) towards the rear. Dining and living spaces have large operable windows that expand the visual space of these rooms to the outdoors. The plan includes tenant storage at the lower level adjacent to the deck. Context Issues The site illustrated is in an older neigh- borhood that has experienced higher density apartment infill. Many of the backyard spaces have already been developed with garages or apartments. The ADUs outdoor spaces and win- dows are oriented into the back yard of the house. This protects the privacy of neighbors and tenants. Potential Variations The plan is flexible and can be rotated and flipped to accommodate right, left or rear access to the garage. The alley access variation presents itself as though the alley is a traditional residen- tial street with a porch and front yard. The porch can be deleted or expanded depending on the site. Architectural variations could include traditional styles or contemporary expressions. Key to either approach will be the con- sistency of the new ADU and the exist- ing garage in terms of materials, win- dows, and proportions. "Green" Features The plan also demonstrates opportuni- ties to include "green" features such solar panels on the garage roof and rainwater collection and storage under the ADU deck. page 19 Site Plan Yard These illustrations show the overall site layout for the Prototype. Below is the "base case" option. To the right are variations of a reversed plan and rotated plan to address access from an alley. 0 ADU Deck Private Existing Yard House 1 � ADU entry Reverse Plan Option Parking Alley Yard Existin House T SH es L Existing a, House c X Alley Access Option Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 102 of 161 Traditional Example Contemporary Example 1 Contemporary Example 2 South Elevation East Elevation West Elevation 1 North Elevation esthetic preferences. Left: These sketches illustrate all four elevations of the ADU Traditional Example. Window placement reflects the need for privacy, sun access and views. page 20 Planning Commission March 14. 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 103 of 161 Key Features: • Lower level has parking, workshop and studio space. • Unit faces away from neighbors. • Includes garage parking under the ADU. • Private rear yard for ADU and shared patio. • Provides for modern expression with open plan and high ceilings. • Dining and living room spaces have sliding windows that visually expand rooms to entry deck. • The plan can be rotated to accom- modate utility connections or alley access. Site Plan This Prototype demonstrates how an ADU can be constructed in a rear yard reusing an existing driveway. The build- ing requires a five-foot side yard set- back and a 20' rear yard setback. The rear setback is accessible via a rear garage door and can be used as a pri- vate yard for the ADU or an extended workspace for the workshop or studio. Floor Plan The one bedroom plan orients the pub- lic spaces (living, dining and kitchen spaces) towards the front driveway and private spaces (bath and bedroom) towards the rear. Dining and living spaces have large operable windows that expand the visual space of these rooms to the outdoors. The plan cre- ates a lower level that is useable for both owners and tenants. A studio space opens on to a patio space and there is a shop and laundry room. Context Issues The site illustrated is in an older neigh- borhood with a mix of house sizes and styles. Most of the houses have parking located behind the house. Many of the backyard spaces have already been developed with garages or additions. The ADUs outdoor spaces and win- dows are oriented into the back yard of the house. This protects the privacy of neighbors and tenants. Potential Variations The plan is flexible and can be rotated and flipped to accommodate right, left or rear access to the garage. The alley access variation presents itself as though the alley is a traditional residen- tial street with a porch and front yard. The porch can be deleted or expanded depending on the site. Architectural variations could include traditional styles or contemporary expressions. Key to either approach will be the con- sistency of new the ADU and the exist- ing garage in terms of materials, win- dows, and proportions. "Green" Features The plan "scoops" light and breezes with its hood -shaped form. It has opportunities to include "green" fea- tures such solar panels on the roof (works best when roof is oriented south) and renewable and recycled materials. page 21 Site Plan These illustrations show the overall site layout for the prototype. Below is the "base case" option. The ADU is located behind the existing house and provides access to the garage from the existing driveway. To the right is a variation. It shows the ADU rotated towards an alley at the rear of the lot. Alley Alley Access Option Parking over a garage provides an efficient use of the site. The variation above moves the ADU to an alley and includes two parking spaces. The stair could face the yard or make it possible for the ADU to have access from the alley. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 104 of 161 Floor Plans Bath 8R L? J is D �(vin�i nin L�, itch.° i ALA ET In — Deck ' _ �IJI Upper Level • ADU Elevations Studio/ Shoo Parking i I Ground Floor • Parking I I I I i Contemporary Example 2 i West Elevation North Elevation Massing Right: This drawing illus- trates the shape of the roof and orientation of the ADU. You can see how the roof steps down towards the side property line and win- dows are facing the back yard and drive- way, away from the neighbors. Traditional Example p East Elevation esthetic preferences. Left: These sketches illustrate all four elevations of the ADU Contemporary Example. Window placement reflects the need for privacy, sun access and views. page 22 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 105 of 161 Key Features: • Small footprint fits easily in rear yards. • 1-1/2 story height allows two living levels in a shorter building. • Private rear yard for ADU and shared patio. • "Loft -style" provides vertical open volume. • Compact bathroom and kitchen lay- out. • Easily adaptable for architectural styles and context. Site Plan This Prototype demonstrates how a two-story ADU can be constructed to limit the impact on the yard while main- taining a low profile. The ADU can be oriented towards views, private yards, away from neighbors or to shape a shared space.The siting of the ADU will require a 5' side yard setback and a 20' rear yard setback.The rear yard set- back can be used as a private space for the ADU tenant. Floor Plan The two -level ADU is organized sym- metrically as four quadrants. The stair, bathroom and kitchen are on half the lower level. The other half has dining and living spaces with an open ceiling to the sleeping room above. Storage pantry and linen closet are tucked under the stair. Context Issues The site illustrated is in a cul-de-sac on a private road along the edge of one of Santa Cruz's green belt open space areas. It is located with a view over the existing house and away from the neighbors. However, the flexible plan can be placed in a variety of rear yard and block locations. Potential Variations The plan is flexible and can be rotated and flipped to accommodate a variety of privacy, view and utility access situa- tions. Larger porches, window types and roof styles can be added to the basic form of the ADU. "Green" Features The plan provides vertical venting through upper level dormer windows. A smaller footprint reduces the amount of paving and related runoff. As with the other ADUs, it can accommodate a variety of recycled and renewable materials. page 23 Site Plan The illustration on the left shows the overall site layout for the proto- type. The illustrated site for the ADU is a cul-de-sac location allowing for a secluded setting. The alternative location on the right illustrates a more common rear yard setting where location and orientation are important for privacy considerations. Owner and ADU Parking Je�ay Yard TO x 'Existing House Other Options The 1-1/2 story ADU can be placed in a vari- ety of locations. One consideration will be pro- viding parking elsewhere on the lot. This could happen by expanding the surface parking. In alley locations, parking could be provided adjacent to the ADU. If there is not room to add a parking spot, then consider developing an ADU that incorporates parking under the ADU. Owner nd AD Parkin Existing House Yard ADU Private Yard Rear Yard Option The 1-1/2 story ADU has a small footprint and can easily fit in back yards. The place- ment of windows and orientation of the ADU should be carefully con- sidered to protect the privacy of neighbors. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 106 of 161 Floor Plans Below: The 1-1/2 story ADU floor plans have a footprint smaller than a two -car garage. Only 18'x18' and 17' tall, the ADU provides spatial variety and privacy. Upper Level • Sleeping Elevations Traditional Example 1 South Elevation West Elevation 6 U Ground Floor • Living Traditional Example 2 North Elevation Rig Thi the anc ADi exp dov vist buil adc sle( sec Contemporary Example M East Elevation home, fit the neighborhood or esthetic preferences. Left: These sketches illustrate all four elevations of the ADU Traditional Example 1. Window placement reflects the need for privacy, sun access and views. page 24 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 107 of 161 Key Features: • Open floor plan that visually and physically incorporates outdoor spaces. • Locates public spaces along alley edge. • High ceilings and clerestory windows allow for sunlight and ventilation. • Encourages landscaping design to become a visual part of each room. Site Plan This Prototype is a delightful urban contemporary alley house. It is airy and bright, because the ADU gets the most out of its site. Built five feet from the property line, the ADU presents the public spaces and entry towards the alley. Parking happens adjacent to the ADU with direct access from the alley. The ADU can be designed to orient towards the alley and give the yard to the owner, or be designed to use only part of the yard. Floor Plan The one -level ADU gets the most out of the 28'x24' footprint by incorporating outdoor spaces. A private patio and tree well are enveloped by the plan. The kitchen, dining and living space are brightly sunlit spaces that flow into gar- dens and patio. The bedroom also ori- ents towards the patio and has private access to the bathroom. Context Issues The site is located in an older neighbor- hood with a variety of architectural styles but is predominately a single story in character. The alley has the potential to become a secondary resi- dential address as other lots develop ADUs creating a small street of alley houses. The single story height fits into the scale of the neighborhood and the alley orientation keeps the pattern of backyards in the block open and land- scaped- Potential Variations The plan is flexible and can be rotated and flipped to accommodate a variety of privacy, view and utility access situa- tions. The ADU can accommodate alternative parking locations. Parking could be located in an existing or new garage or in the front park of the lot. The ADU could be adapted for rear yard locations. "Green" Features The plan provides for natural ventilation through clerestory windows and excel- lent sun lighting. As with the other ADUs, it can accommodate a variety of recycled and renewable materials. page 25 Site Plan These illustrations show the overall site layout for the Prototype. The plan on the left shows the ADU with alley access and existing driveway and parking. On the right are variations to the site plan. ADU entry Alley `atl rn ADU Private Yard Extg. Existing House The ADU is adaptable to various site con- ditions. Below is an example of how park- ing can be accommodated from the alley to a garage. The ADU could also be adapted for a rear yard location where a 5' side yard and 20' rear yard setback are maintained. Alley ADU Yard ati' Yard Parking Yard Fark Existing House Alley Parking Access Option Existing House Rear Yard Option Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 108 of 161 Floor Plan Massing Left: Right: Bath The plan for this ADU balances public This drawing Tree and private places with alley orienta- illustrates the Store well tion and enclosed outdoor spaces. shape of the The plan allows for visual and physi- roof and orien- R cal connections of the rooms. The tation of the �--, Kutch. design offers privacy for adjacent ADU. You can gR �s' a — neighbors and a social orientation see how out - towards the alley. door rooms El around the patio and tree Patio Livin well spaces are integral Dock 10 an part of the ADU floor plan. Elevations Contemporary Example 1 East Elevation Contemporary Example 2 South Elevation West Elevation Traditional Example North Elevation Left: These illustrations show three styles of design. You can take the same plans and develop elevations that match your home, fit the neighborhood or esthetic preferences. Left: These sketches illustrate all four elevations of the ADU Contemporary Example 1. Window placement reflects the need for privacy, sun access and views. page 26 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164A 9 Amend. Page 109 of 161 Key Features: • Meshes technology with a simple plan. • Oriented around a private patio space. Dining and living room spaces have large operable doors that expand the rooms to the outdoors. Provides for a technological kit of parts that can improve the ADUs energy and environmental perfor- mance. The plan can be rotated to accom- modate utility connections or different methods of alley access and yard patterns. Site Plan This Prototype demonstrates an innov- ative use for a building panel system to create a small alley house. The ADU is set back the depth of a parking space and provides a small front yard facing the alley. A walkway passes along the edge of the yard and enters into a pri- vate courtyard. Operable window -walls surround the courtyard. This allows the unit to spill into the courtyard space. Floor Plan The one bedroom plan orients the din- ing and living spaces towards the court- yard with large operable windows that expand the visual space of these rooms to the outdoors. The bedroom also provides visual connection to the courtyard. Translucent panels allow light into the kitchen and bathroom but maintain privacy. Context Issues The site illustrated is a traditional alley block with a variety of architectural styles. The ADU has an efficient foot- print. The ADU, courtyard and parking cover only about 950 SF of the site making it a good low -impact neighbor. The panel system can deliver a fun and edgy building but may look out of place in traditional historic neighborhoods. Potential Variations The construction technology is a com- mercial -grade system adapted for resi- dential use. The non-structural panels come in a variety of sizes and colors. Translucent and transparent panels can be integrated into the design. Hung from a structural steel frame, the pan- els deliver high insulation values. The modular nature allows countless plan configurations. The plan as illustrated can be flipped and rotated creating dif- ferent yard and spatial patterns. "Green" Features The plan also demonstrates a high level of attention to energy efficiency and integration of green finish materi- als. The design can be adapted to include a sod roof, water garden using gray water, and solar panels. The day - lighting on the ADU is another out- standing feature. page 27 Site Plan The illustration on the left shows the ADU site plan. Located along an alley, the ADU uses a small corner of the lot allowing the owner to maintain use of the rear yard. The ADU has a five foot side yard set- back. The ADU can be rotated and oriented in various ways as shown on the right. Alley Other Siting Options The ADU has a small footprint and can easily fit along alleys. It can be rotated and flipped to provide variety of public and private spaces and parking access. In some layouts, the court- yard space is accessed directly from the alley. In other site layouts, you would be walk- ing through gardens and rear yards to access the court- yards. In each case, the ADU has consid- ered the impact it will have on the social and spatial quality of the alley. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 110 of 161 Floor Plan ER 1 Elevations ,I-) In _ 'r 1` E Living I Left: The plan of the ADU deliv- ers a tall space and rooms that connect to the out- doors. Translucent panels provide light and privacy for the bathroom and kitchen. The windows and doors can Courtyard be selected to reflect the esthetic and functional requirements of the owner and ADU resident. Light tint panels and sod roof Massing Right: This drawing illus- trates the shape of the ADU. The building wraps around a private courtyard. Walls open to outdoors. The roof can be modified to meet the performance criteria for the owner and occupant. It could include a sod roof, composite materials or membrane roof- ing. -I 7l-10"I 7iN i !�lt���: !�M"1 Medium tint panels and composite roof Dark tint panels and roof overhang South Elevation West Elevation North Elevation East Elevation Left: These illustrations show three ways to use wall pan- els, windows and roof sys- tems. Left: These sketches illustrate all four elevations of the ADU with light tint panels and sod roof. Window placement reflects the need for privacy, sun access and views. page 28 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 111 of 161 Key Features: • Uses composite panel system that is fast to assemble. • Provides generous sitting porch. • Dining, bed and living rooms flow together. • The plan can be rotated to accom- modate utility connections or different methods access and yard patterns. Site Plan The ADU is designed to be located in a rear yard. The porch design encour- ages a social orientation of the ADU towards a shared yard or alley. Raised up about 12", the porch creates a pri- vate space that is reached by steps and ramp. The porch elevation is also best suited for southern exposure. Floor Plan This prototype uses a four -foot grid as a basic organizational element. The panel system provides discipline to the plan making room proportions and win- dow placement rational. The bedroom has a rolling door that opens it into the living and dining area. Windows paired in the corners provide views out, but away from neighbors. Context Issues The site illustrated is in a traditional sin- gle-family neighborhood with a variety of traditional and post war houses. The block has evolved to include secondary structures that fill in the rear yards. Most yards have six-foot tall privacy fences. A single story ADU fits the 1 and 1-1/2 story neighborhood. Potential Variations The construction technology reflects the emerging interest in prefabricated construction —trading off factory prices and quality for faster and less labor- intensive erection. The composite pan- els can be designed to incorporate a variety of performance and design fea- tures. The planning grid provides opportunities to develop layouts that are efficient and responsive to your site and program. Different roofing, door and window systems can be incorporat- ed into the design. "Green" Features The plan demonstrates a high level of attention to energy efficiency and inte- gration of green finish materials. The design can be adapted to include solar panels. page 29 Site Plan The plan for the site orients the ADU towards the shared rear and the south. Parking is accommodated in the existing driveway and carport. Alley Other Siting Options The siting option above orients the ADU towards an alley with parking adjacent to it. The porch faces the alley providing access and social support for a street of alley houses. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 112 of 161 Floor Plan Store BR Bath M R vi g inin l I itch` Steps Porch Kamp Elevations Left: The floor plan provides easy visual and spatial flow between rooms. Corner win- dows provide views out but protects the privacy of neighbors and ADU occu- pants. The porch provides a semi -private space with a social purpose. Massing Right: This drawing illus- trates the shape of the roof and orienta- tion of the ADU. The porch and column system adds visual interest to the front of the ADU. The illustration shows a fanciful "butterfly" roof form. LION Butterfly roof East Elevation North -south gable roof East -west gable roof rs ill rtl� l�ismI ON I '�: ,�6 .00 South Elevation West Elevation North Elevation Left: These illustrations show three approaches using different types of roof forms. You can take the same plans and develop elevations that match your home, fit the neighborhood or esthetic preferences. Leff: These sketches illustrate all four elevations of the ADU with a Butterfly Roof. Window placement reflects _ the need for privacy, sun access and views. page 30 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 113 of 161 Site This site includes an attached garage oriented towards a side yard. The house entry is back from the street and features a garden path approach. It is an unusual plan but provides an inter- esting opportunity to provide an ADU garage conversion that has its own street frontage. The house is a simple 1970's Ranch with a gable roof and board and batten siding. ADU Orientation The ADU is oriented towards the street with its own front yard and porch. Site This corner site includes a detached garage oriented towards a side yard. The garage has a 5' side yard and 20' rear yard. The house is a 1920's cottage with sim- ple details, a wainscot of plaster, and multi -light windows. ADU Orientation The ADU has a side porch with a cov- ered entry. The driveway edge has a planting strip and the unit opens out on to a private back patio. The bathroom and sleeping areas are at the back of the ADU. Architectural interest is added to the sides of the garage with panels, win- dow and awnings with an emphasis on privacy. The side yard is shallow and drive way is used for parking. Parking The driveway is converted into three parking spaces. One compact space is parked in tandem. Parking The driveway is widened and converted into three parking spaces. The drive- way is rebuilt with brick pavers to pro- vide a patio -type esthetic. page 31 Site Plan Site Plan Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 114 of 161 Floor Plan Floor Plan Plan The floor plan maintains an open and flexible layout with a sleeping space divided by curtains. The kitchen and liv- ing area are lined with shelves. Plan The floor plan features a small side entry stoop and a private patio. The lay- out is open and flexible with a sleeping space divided by curtains. There is a desk built into the east wall. The kitchen and living area are lined with shelves. Elevations r �rr��RRiO"NANZW pi\YH�YZ�/77 �I ' i - fill III Elevations Elevations The plain Ranch house is used as a canvas for an industrial and modern inset of windows, doors and pan- els.The south elevation (top) has clerestory windows and canopies for outdoor stor- age. The east elevation (bot- tom) has the entry porch with a metal canopy and bench. Elevations The simple cottage details are maintained in the ADU conver- sion. The stucco siding is repaired and windows are added that match the house. The west elevation (top) has a small covered entry porch. The north elevation (bottom) was the former garage door and has filled in and has a pair of double hung windows. page 32 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 115 of 161 Site This site includes a detached garage at the rear of the lot. The garage has a long driveway and an ample parking apron. The garage is set back 5' from the property line and has a 20' rear yard. The house is a 1920's cottage with a hip roof. The garage has a pyramidal roof form. ADU Orientation The ADU has a side porch with a cov- ered entry. The driveway edge has a planting strip and the unit opens out onto a covered private back patio.The Site This site includes an attached garage facing the street. The garage has a 20' wide driveway and an ample parking apron. The garage is set back 5' from the property line and has more than a 20' rear yard. The house is a 1970's Ranch with a gable roof. The house has board and batten siding with a brick wainscot. The garage and ADU will receive new ener- gy efficient and similar siding treatment. ADU Orientation The ADU has a side porch entry. The driveway edge has a planting strip and bathroom and sleeping areas are at the back of the ADU. Parking The driveway is long enough to provide three parking spaces. The driveway is rebuilt with brick pavers in front of the ADU to provide a patio -type esthetic. the unit opens out on to a covered pri- vate back patio.The bathroom and sleeping areas are at the back of the ADU. Parking The driveway is widened to provide three parking spaces. The driveway is rebuilt with brick pavers in front of the ADU to provide a patio -type esthetic. page 33 Site Plan Site Plan Own( ADU I E. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 116 of 161 Floor Plan Floor Plan Plan The floor plan features a small side covered entry stoop and a private patio with a trellis. The layout is open and flexible with a sleeping space divided by curtains. There is a "U" shaped office area. The kitchen and living area are lined with shelves. Plan The floor plan features a small side entry stoop and a private patio. The layout is open and flexible with a sleeping space divided by curtains. There is a desk built into the west wall. The kitchen and living area are lined with shelves. Elevations Elevations Elevations The 1920's cottage is used as a reference for the ADU conversion. The west eleva- tion (top) has a pair of cus- tom windows that match the living room on the house. The east elevation (bottom) has a trellis over the sitting area. Elevations The Ranch house board and batten and brick wainscot siding are replicated to fill in the garage door. The west elevation (top) has a pair of windows facing the driveway. The east elevation (bottom) has a covered sitting porch and patio. page 34 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 117 of 161 Site This site includes an attached garage at the rear of the house. There is a 12' wide drive and a 20' wide parking apron. The garage is set back 5' from the property line and has more than a 20' rear yard. The house is a 1950's vernacular beach house with a gable roof. The garage was added in the 1960's. The house and garage have stucco siding and aluminum windows. ADU Orientation The ADU has a small front porch entry. The driveway edge has a planting strip Site This site includes a detached garage at the rear of the lot facing an alley. The garage is set back 5' from the property line and 5' from the alley. The house is a 1950's vernacular house with a gable roof. The garage was added in the 1960's. The house and garage have stucco siding and alu- minum windows. ADU Orientation The ADU opens towards the alley. There is a 5' deep garden along the alley and a covered porch.The bath - and the unit opens out on to a covered private back patio.The bathroom and sleeping areas are at the back of the ADU. Parking The driveway is wide and long enough to provide three parking spaces. The driveway edges are landscaped with shrubs to screen the cars. room and sleeping areas are at the back of the ADU. Parking Parking for the ADU and owner is pro- vided along the edge of the alley. Three spaces are provided. The parking and alley edges are landscaped with shrubs to screen the cars. page 35 Site Plan Existing House Owner and - -' - Yard ADU Parking Site Plan Existing Owner and House Yard ADU Parking Alley Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 118 of 161 Floor Plan Floor Plan Plan The floor plan features a front entry stoop facing the driveway and a private patio at the rear. The layout is open and flexible with a sleeping space divided by curtains. There is a desk built into the south wall. The kitchen and living area are lined with shelves. Plan The ADU floor features a front entry facing the alley. The layout is open and flexi- ble with a sleeping space divided by curtains. There is a desk built into the south wall. The kitchen and living area are lined with shelves. Elevations Elevations Elevations The 1950's house is used as a plain frame for a modern architectural insert. The west elevation (top) has a perfo- rated metal canopy, stucco panels with painted metal windows and door. The east elevation (bottom) has a metal and corrugated steel trellis over the sitting area. Elevations The 1950's stucco garage is dressed up with a simple window and door system that is brightly painted. The east elevation (top) has a pair of doors facing the alley with a metal canopy The west ele- vation (bottom) has simple window frames. page 36 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 119 of 161 47 L_J - _ , .. Section Three: Being a Project Manager As the owner -builder of an ADU, you will need to navigate the development process. This section walks you through how to get a planning and building permit, provides some obser- vations about building your ADU, and offers suggestions on how to rent your ADU. The ADU Planning and Building Permit Process Thanks to a new State law (AB 1866) passed in 2002, the ADU review process is simpler and short- er. In addition, the City of Santa Cruz is encouraging ADU develop- ment as a way to provide greatly needed additional housing, and has revised its ADU regulations to reflect this. This section outlines how to get planning and building permits for an ADU, and also dis- cusses how to obtain a technical assistance grant from the City which will help defray part of the cost of hiring a design or construc- tion professional. First Stop. the City Planning Counter After you have thought about what type of ADU you might want to build, it is time to head to City Hall. The Planning Counter is located in downtown Santa Cruz in the two- story annex building behind City Hall at 809 Center Street, Room #206. Counter hours are from 8 to 5, Monday through Thursday, and from 8 to noon on Friday. You do not need an appointment. Just look for the "Zoning" sign, and a Planner will be there to help you. If you need to call the Planning Department, the phone number is (831)-420-5100. For your first visit, bring a rough sketch showing your property, the location and outline of all struc- tures, and where you would like to build the ADU on your lot. To do this, you will need to measure the distances from the property lines to page 37 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 120 of 161 ADU Building Codes Construction of an ADU within the City of Santa Cruz is governed by the following building codes: 2001 CA Building, Plumbing, Mechanical and Electrical Codes as adopted by Title 18 of the Santa Cruz Municipal Code. Title 19 of the Santa Cruz Municipal Code - residen- tial fire sprinklers instal- lation requirements CA State Title 24 - energy conservation require- ments. each structure as well as the dis- tances between the structures. (This is easy to do with a tape measure and a sheet of graph paper.) It is also helpful to bring pictures of your lot and your main house. If you are going to use one of the City's ADU Prototypes, it would be good to bring a copy of that set of plans as well. The purpose of this first visit is to find out information about your site that will help detennine how you develop your ADU. The develop- ment of ADUs in Santa Cruz is gov- erned by Chapter 24.16 Part 2 of the City's Zoning Ordinance. These regulations detennine how large your ADU can be, where it can be located on your lot, what design and development standards will apply etc. A copy of these rules is located in the Appendix, but since they are revised from time -to -time, you should always be sure to check with the Planning Counter for the most recent version. When you first discuss your ideas and plans for an ADU on your prop- erty with the Planner on duty, he or she will be looking for "red flags" or things which may be in conflict with the ADU zoning regulations. At the end of the first meeting, you should know what limitations your site has as well as understand what your range of options might be. At this point, you will also know if you will need to do an archeological report, if you are in an environmen- tally sensitive area that requires spe- cial setbacks, how to orient your ADU entrance, and what off-street parking will be required. Administrative Use Permit If the Planner tells you that you will need an Administrative Use Pen -nit, you will have to prepare a fonnal submittal to the Planning Department that includes the site plan, floor plan, and elevations of your proposed ADU. Administrative Use Permits are required for any two-story ADU located in the back- yard setback or any ADU that does not comply with the development standards that are applicable to your lot. Administrative Use Permits require a public hearing before the City's Zoning Administrator. This is a meeting at which the potential impacts generated by your proposed ADU (privacy, noise, solar access, parking, etc.) will be reviewed by the Zoning Administrator. The pub- lic hearing also provides an oppor- tunity for your neighbors to com- ment on your ADU plans. Remember that your Planner is a great resource. Take advantage of their knowledge and experience. If you are having difficulty deciding what plan might be best for you, they can help you with that as well. Back to the Drawing Board The next step is to refine your ADU concept to be sure that it meets all of the City's requirements as well as your own needs. By now you should have a fairly clear picture of what you can build within the phys- ical constraints of your property and the requirements of the zoning code. If you are going to work with a designer, architect or contractor and have not already brought them on board, now is the time to do so. page 38 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 121 of 161 When using an ADU Prototype design you may continue on your own with much less assistance from the professionals. Of course you will need to provide your own site plan. The ADU Prototype floor plans and the elevations are essen- tially ready for submittal, although in some cases, exterior material and rooflines will need to be modified to comply with the zoning code requirement that your ADU be com- patible with your main house. Each ADU Prototype provides a number of variations from which to choose. Depending on your choices, you may be able to make the modi- fications by writing simple notes on the ADU Prototype plan set. During this design phase, you may want to talk to a Planner again. If you have questions, you can return to the Planning Counter as many times as you need. The Planners are there to help you. Next Stop, the City Building Counter After you have developed your pre- liminary plans, or if required, have your Administrative Use Permit, it is time to head for the City Building Counter. To do this, return to the Planning Department and look for the sign that says "Building". Once there, a Building Plan Checker will greet you. Like the Planning staff, they are there to assist you through the permit process and can be a great asset for you. The purpose of your first trip to the Building Counter should be similar to that of your first visit to the Planning Counter — to gather infor- mation about how and what you can or cannot build on your property. For this, you will need to bring your preliminary plans which, at a mini- mum, includes the dimensioned site plan. If you have developed a floor plan and elevations, bring those as well and you will have that much more information to share with the Plan Checker. And, if you are using an ADU Prototype, be sure to bring a copy for making notes about possi- ble )modifications. It is also helpful to bring the same site photos that you did for your first Planning Counter visit. page 39 Fire Sprinklers and Fire Safety The City requires a fire sprinkler system for all ADUs. Under current regulations, you can design and install the system yourself if you have the skills. Advice is available from the Fire Department, or you can hire a C-16 Fire Protection Contractor to do this. In any case, a fire sprinkler plan must be submitted to the Fire Department for review and approval. The Fire Department will also conduct required in -progress and final inspections of the fire sprinkler work. Fire sprinkler systems will sometimes require the installation of new water service and meter to the ADU. In some cases, depending on capacity and flow rates, the existing water service to the main house on your property can be used. If your home is in an older neighbor- hood, this may not be possible. The Fire Department will be able to tell you if your existing water service is adequate for the new fire sprinkler system. Smoke detectors are also required in ADUs. One smoke detector that operates on electrical power ("hard -wired") from the main electrical service is required in each sleeping room and on each level of your ADU. These detectors must also have a 12-volt battery back-up in case the power goes out and a fire occurs before it is restored. Sleeping rooms must have at least one exterior opening to allow you to escape in case of a fire, as well as to admit rescuers to enter the room. These openings must be a minimum of 5.7 SF in size, and be at least 20" wide by 24" high. The finished window sill height may be no more than 44" high. And, so that the Police or Fire Department can locate your ADU in case of an emergency, you must have the ADU's address placed on the building in such a manner that it is clearly visible and legible from the street. If your ADU is located behind the main house in the back- yard, and can't be seen from the street, you might have to install a post or other type of marker in the front yard with the ADU address on it. The Fire Department can tell you the best location for ADU address. Check with the Fire Department for more fire prevention and safety information and tips. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 122 of 161 I q r} {: 1 M The City will require appropri- ate fire safety design for new ADU development. Appropriate water pressure, smoke detectors and sprin- klers will be required for your project. The Plan Checker will go over sub- mittal requirements for a Building Pen -nit as well as advise you about any special requirements regarding soils or slopes. You will also be told to contact other City Departments such as Fire, Water, and Public Works. Staff in those departments will let you know of any additional special requirements related to your ADU. The Plan Checker will also advise you as to what other types of pro- fessional services you may require, such as an electrical contractor, structural engineer or architect. However, be aware that the City cannot recommend a particular firm or individual, so you might want to ask around to see if your friends or co-workers can give you names. Or, check with the Builders Exchange or even the telephone yel- low pages. Back to the Drawing Board Again After leaving the Building Counter, you should have a checklist of required plans and permits and a list of contacts in other Departments. Your task now is to complete this checklist and set up necessary meet- ings with other City departments to gather additional information. As with Planning, you are welcome to return to the Building Counter at anytime during this plan develop- ment process. In order to apply for a building permit, you will need drawings listed on page 41. Structural engineering calculations will also be required for any ADU using non-traditional building tech- niques or materials. Depending on your particular site, you may also need other information on the plans The Plan Checker will advise you. For a more complete list of plan check requirements, please see the Appendix. If you are using an ADU Prototype, most of required information has already been included on the plans. However as previously noted, you will need a plan for your specific site, you will need to adjust other sheets in the ADU Prototype plan set to reflect any changes you have made to the prototype, and you will also need to complete an Energy Conservation Plan. This last task was not done for the Prototypes, since an Energy Conservation Plan depends on the orientation of an ADU as well as other factors. Submitting Your Plans for a Building Permit Once your plans are complete, you will return to the Building Counter. Typically, plans are submitted on 24"x36" paper, but 11 "x 17" paper is being allowed for submittals using the ADU Prototypes. If the Plan Checker has indicated that the City will review your plans internally, then only 7 sets are required. ADU prototypes and ADUs using conven- tional construction are usually reviewed internally by the City. If your ADU uses non -conventional construction, then you will need 9 sets and your plans will be sent to an outside plan check consultant for review. At the Building Counter, you will be asked to fill out a Building Permit application. The Plan Checker will detennine the value of your structure based on square footage and collect some of your fees, including Planning, Building, page 40 Planning Commission March 14. 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 123 of 161 and Energy Plan Check Fees. If you are using an ADU Prototype, your Building Plan Check fee will be reduced up to 50%, depending on how close your final plan is to the Prototype. For a list of 2003 ADU fees, see page 58 of the Appendix. The City's Technical Assistance Grant Program provides up to $100 on a reimbursable basis for a profes- sional consultation from a licensed architect, engineer, or electrician. If you wish to receive this grant, you will need to bring in a paid invoice from your consultant, fill out a form and submit it with your building pen -nit application. The $100 will be deducted from your building permit fees. Plan check takes about 10-15 work- ing days. During this time, in addi- tion to reviewing your submittal, Planning and Building staff will be visiting your site to verify condi- tions and to make sure your plan will be compatible in your neighbor- hood. When this review is complete, you will be contacted by your Plan Checker. I [a chyofSa taCW Insprroliwr 5wke DW .(P3a rg and comim p BUILDING PERMIT Dl ,ebpm m SANTACR V N�ConerSteN,Roam2 5 APPLICATION ZW"Ciu2, CA I?F�%Ja PLC Ia3l) 4Z( Sl X rao. Calf. A...'. P-1 No.. Prom[ Add,— Nnoleal work w,t -W 14sn- Proimt Ve iohon: a��ar NN.v Caew4ccvvi Alarpaon Rewr -- i.dd1on OO N Or W RfTEBELOW THIS LINE —STAFF USiE OVL Y PIsnp-10 _. -- — 0W. M1a F1oodFam yes m R J�Md ocoup afoup C.Sl Type. Non.l'd1 sl Qo.b,• Fear yes rw D•cxu Park C�nl NW NE. 5va SE Date Caile,•1 CalaCud Sr'd NO APPR1 Routnq OW&" Caamml.x 0nxras FLAt+N NQ HUILONO exERiW VtiUSiS t 19 a •. �L.i• :' I •A.:KSL R EC WATER ONSE For 5 or rnora stir Yi6crJlsr riNS �Mi hr Maarg IWTES: TOTAL PERMIT FEE' page 41 EuwnWr FrnafCpstksF a1 Va4re TOTAL VALU AT10N Frw Prap.�0 dnV� Rrolira+Ouv a„airy awn e,,.� :^r.•,u rp,sn wxa. •�•,.. waas ou,,,,sa,K, r•+air o...,.< raa:r��a,e �hnnbmry r„u R•r This is a sample Building Permit Application. The Application will require basic information about the nature of your ADU project. It will be used by various City depart- ments to review the scope of your project and the types of permit fees required. Required Drawings for Building Permit • Site Plan; • Floor Plan; • Foundation Plan; • Building Elevations; • Framing Details; • Plumbing/Electrical/ Mechanical Drawings; • Engineering Details; • Energy Conservation Plan; and • Others as requested by Plan Checker. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 124 of 161 Contractor Agreement Be sure your contract includes: The contractor's name, address, and license number. Approximate dates the work will begin and be substantially completed. Description of the work, materials and equipment to be used or installed, and costs. Schedule of payments (if the contract provides for a down payment, it may not exceed $1,000 or 10 percent of the contract price.) A description of what constitutes substantial commencement of work. Notices about state lien laws and consequences of failure to start work. Please note that other City Departments will be reviewing your plans as well and you will receive written comments from each depart- ment. This includes not only Planning and Building, but also Fire, Water, Public Works, and Parks & Recreation. If you do not receive any com- ments, this means your plans have passed their review. it is rare that plans are approved by all Departments on the first round. Most likely, you will at least receive a letter regarding necessary changes or a marked up copy of your plans from the Building Plan Checker in addition to some corn ments from other Departments. When you have completed all of the required changes, you will re -sub- mit 3 sets of revised plans. This sec- ond plan check takes about five days. When this review is success- fully completed, you will be noti- fied by your Plan Checker to pick up your Building Permit. At this time, you will also be assessed any additional fees. Typically, total fees for a 500 SF ADU that does not require an Administrative Use Permit will be about $7,000. Building your ADU Unless you are a contractor, archi- tect or developer, you may not have gone through the process of build- ing a house. As the owner, you will likely be working with a general contractor. This section provides a surmnary of how to select a contrac- tor, what to include in your con- struction contract, and what happens during the inspection phase. Choosing a Contractor For your ADU project you will want to hire a licensed and insured gener- al building contractor. One of the best ways to select a licensed con- tractor is to get recommendations from friends who have had success in hiring a good contractor for their own projects. You should ask two or three con- tractors to bid on your ADU. All bids should be based on the same set of plans and specifications. Contractors should bid on the same materials, appliances, carpeting, windows etc., and bids should also include the contractor's profit and overhead and liability insurance. Discuss the bids in detail with each contractor, and snake sure you understand the reasons for any van- ations in price between one bid and the others. Watch out for any bid that is substantially lower than the others. A low bid may indicate that the contractor has made a mistake or is not including all the work. Make sure to ask the contractor for their business address and telephone number, and verify them. A contrac- tor who operates out of the back of a pickup truck with a cellular tele- phone may be difficult to find to complete a job or fix something that has gone wrong after the last bill is paid. Ask the contractor for local refer- ences, and call them to see if they were satisfied with the contractor's work. If possible, go out and look at finished projects. In addition to talking with other customers, you may want to obtain references from material suppliers, page 42 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 125 of 161 subcontractors, and financial institu- insured but be aware that if the con- tions to determine whether the con- tractor does not have insurance and tractor is financially responsible. For work over $500, a valid California Contractor's License is required. Ask to see the contractor's license and some additional form of identification. The name on the license should be the same as the name of the contractor or business name under which the contractor is working. Call the Contractors State License Board's toll -free number, (800)-321-2752, to verify the infor- mation. Ask the contractor if the company is insured against claims covering workers' compensation, property damage, and personal liability in case of accidents. Ask to see a copy of the certificate of insurance, or ask for the name of the contractor's insurance carrier and agency to veri- fy that the contractor has the insur- ance. You may want to ask the con- tractor to have you named as an "additional insured" on his policy. This will afford you and your prop- erty an extra level of protection if things go wrong on your project. You may choose to work with a contractor even if they are not scrap lumber for firewood or pro- tecting existing landscape features a worker is injured on your proper- during construction. Also give ty, you will probably be the one billed for medical expenses. The Construction Contract Malce sure you have a written con- tract in place with your contractor and do not sign anything until you completely understand what you are signing. One of the best ways to stop problems before the job begins is with your contract. Get all oral promises in writing, and spell out exactly what the contractor will and will not do. If you intend to do some of the work yourself or hire another contractor to do it, this also should be written into the contract. Be as specific as possible. Be sure the financial terms of the contract are clear. The contract should include the total price, when pay- ments will be made and whether there is a cancellation penalty. Make sure your contract includes everything you feel is important to the job, including complete cleanup and removal of debris and materials, and special requests like saving instructions regarding pets, children or areas where materials may not be stored. It is perfectly reasonable and legal for you to add or modify things in a contract offered to you by a contrac- tor. You can do so by attaching a written "exhibit" or "addendum" to the contract, and referencing the attachment in the body of the con- tract. After the contract is signed and work has begun, your contractor may offer suggestions that will change your original ideas for the work. Always use a signed "change order" if you add or delete work, substitute materials or equipment, or change the completion date. It is very important to have all change orders signed by all parties to the contract, before the extra work is started. Inspections Your ADU project will require a series of inspections to ensure that the project is being built according Foundations, framing, electri- cal and plumbing, sheetrock and other stages of your pro- ject will need to be inspected. page 43 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 126 of 161 Building Inspections The following list of building inspections will need to occur in the order shown below. I 1. Grading (if necessary due to site/slope con- ditions) 2. Foundation Forms 3. Floor Framing/ Underfloor Insulation 4. Framing Inspection and Rough Plumbing/ Electrical 5. Wall and Ceiling Insulation 6. Lath/Plaster/Sheetrock 7. Stucco (if applicable) 8. Final Some inspections might not be required depend- ing on your project, and others not shown may be necessary depending on what kind of ADU you are building. to plans you submitted for the per- mits. These inspections also verify that the contractor is complying with building, plumbing, mechani- cal and electrical codes. You as the property owner are ulti- mately responsible for calling for building inspections. The contractor is most always the one to do so, but you should always check the build- ing permit (which must be posted on site) to ensure that necessary inspections have been performed in the correct order. The Planning Department may also conduct a final planning inspection, particularly in the case of an ADU that received an Administrative Use Pen -nit. This inspection is usually to confirm that any special conditions imposed on the project have been fulfilled. Planners may place a hold on the Building Department's final inspection until this is done. Other City departments such as Fire, Public Works or Water may also conduct their- own inspections for the fire sprinklers, sidewalks and curbs (you will have to install these if they are not already in place). Please check the Appendix for con- tact infonmation for these depart- ments. Renting your ADU At some point, most of us have been renters, and may have dealt with good and bad landlords alike. If you intend to rent your new ADU, you will now be a landlord and there are many things you need to consider. The landlord -tenant relationship is governed by many local, state and federal laws, and new landlords can often find themselves in a situation which could have been avoided through the application of common sense and tried and true procedures and tools. There is no one-step solution or packaged approach, but take a look at the information below before you rent your ADU and you will go a long way towards solving problems before they occur. Selecting a Tenant Selecting the right tenant is THE most important step you will take. You may think you know someone or you may trust your intuition, but a methodical selection process is the best way to find a tenant. After all, now that you have an ADU you will also have a new individual or household living with you on your property! Here are some steps you can take to ease the transition into your new job as a landlord: 1. Establish a Screening Process. The goal is to attract responsible and honest applicants as opposed to those who may cause you heartache and financial strain. Develop writ- ten, fair criteria that you will use to judge all applicants. Provide all applicants with a written copy of the criteria when you hand them a rental application. Apply the criteria consistently to all applicants. Also, let the applicant know that you intend to do credit and criminal background checks. You may charge a reasonable fee to recover the costs of screening each individual on the application. Following are a few suggested screening points you might consider: a. Require Submittal of a Complete Application. Incomplete applications make it dif- ficult to judge an applicant or check page 44 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 127 of 161 background and credit. Sometimes applicants omit information on pur- pose in the hopes that a landlord will not check too deeply. State directly on the application that fail- ure to provide a complete applica- tion may result in the application being returned or denied. b. Require 2 pieces of ID. This will help eliminate persons who may be hiding under an alias. Two pieces of fake ID showing the same personal information is harder to come by. c. Require a Rental History from Unbiased Sources. Many people may only have rented from friends or relatives who may be inclined to give them an unde- served good reference. If applicants are unable to provide an unbiased rental history, you may elect to require a qualified co-signer on your lease who will be responsible for payment. d. State That Provision of False Information is Grounds for Denial. If your applicants are not honest with you, you may turn them down —it is that simple. e. First Qualified Applicant Will be Accepted. Take applications in order, noting the time and date. Start with the first application. If the first applica- tion meets your requirements, go no further —offer the ADU to the first applicant. This is the fairest policy you can set, and it helps make sure that you do not discriminate when choosing between two different, qualified applicants. The preceding criteria can be struc- tured to allow exceptions in border- line cases. Some flexibility can also be introduced by setting rules that require borderline applicants to pro- vide larger deposits, more prepaid rent or a co -signor. Malting your application process flexible can help to ensure, for example, that you do not turn down applicants who would be great tenants for you but who might have an explainable problem on their credit report. Having a method that allows you to deal with borderline applicants can result in a more fair process for all parties. As with all aspects of managing rental housing, apply your policies for borderline applicants consistently regardless of who the applicant is. page 45 2. Use a Written Rental Application. You need to find out the history of the individual(s) you are consider- ing as a tenant. A good application gives you access to verifiable infor- mation. Do not reinvent the wheel. Contact a local legal publishing company, a rental housing association, or your own attorney for copies of appropri- ate forms. Make sure you have forms that were designed specifical- ly for California and are up-to-date with any recent changes. You should collect information requested on the application for each adult (anyone who is 18 years of age or older) who intents to reside in the unit. At the time potential tenants subunit their application, it is a good idea to provide theirs with a copy of your rental agreement so that they can be familiar with what they will sign if they become your tenant. You should also hand out a copy of your tenant selection criteria as well as specific information or flyers about security deposits, smoke detector compliance, pet policy and other issues related to the rental of your Credit Reporting Agencies Equifax P.O. Box 740241 Atlanta, GA 30374-0241 telephone: (800)-685-1111. Website: www.equifax.com Experian (formerly TRW) P.O. Box 2002 Allen, TX 75013 telephone: (888)-397-3742 website: www.experian.com TransUnion P.O. Box 1000 Chester, PA 19022 telephone: (800)-916-8800 website: www.tuc.com Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 128 of 161 Rental Application A rental application should require, but does not have to be limited to, the following information: • First, middle and last name. • Date of birth. • Driver's license/I.D. number, and state. Asking to see their dri- ver's license is a good opportunity to check out the picture ID. It is a red flag if they hesi- tate to show it to you. • Social security number. • Name, address, and phone number of past two landlords. • Income/employment history for the past year. Income/salary, contact/supervisor's name, phone number, address. If self- employed, ask for copy of business license, tax returns, bank records, or client references. • Credit and loan refer- ences; auto payments, department stores, credit cards, other loans. • Bank references; bank name, account number, address, phone number • Criminal history/convic- tions. ADU. Much of this information will probably be included in the rental agreement, but it can help to elimi- nate confusion or misunderstanding at the earliest stage possible. I Run a Credit Check. Using the information submitted on the rental application, request a credit check on each tenant who will be signing the lease. A credit check can be obtained from any one of three different credit reporting agencies, and will be invaluable in helping you to make a decision on to whom to rent your ADU. Credit checks will reveal information about your potential tenant's installment and revolving credit lines (depart- ment store cards, auto loans, mort- gages, and credit cards), collection accounts, and court records (bank- ruptcies, judgments, satisfied judg- ments, liens, satisfied liens, and divorce). 4. Call the Applicant's References. Talk to previous landlords and con- firm that your applicant actually rented from that person before. Try to call a landlord who is not the most recent one the applicant lists. The most recent landlord may say a bad tenant is actually a good one, just so the landlord can be rid of him. Also, make sure it is the land- lord and not a friend posing as the landlord. Call the applicant's employer to verify the information on the application is correct. Be sure to talk with the applicant's manager or supervisor instead of a co-worker. 5. Visit the Applicant's Current Address. A drive by visit will show you how the applicant is keeping up the out- side of his rental unit. Even if you do not go inside the unit, its appear- ance may be informative; if the yard is cluttered, or there is an old rusty car parked on the lawn, or trash and debris is piled up against the house, this may not be right tenant for your brand new ADU. On the other hand, if the lawn is mowed, the landscap- ing appears cared for and the premises are generally presentable, this is an indication that the tenant is responsible and will take care of your property should you decide to rent to them. 6. Make a Decision. Use a process that is simple, legal and fair. California and Federal fair housing guidelines and civil rights laws are designed to protect the way applicants are screened and to make sure that all qualified applicants feel equally invited to apply. The pur- pose of these laws in to prevent discrimination on the basis of issues that are unrelated to a person's qual- ifications to be a good tenant. Nothing in these laws forbids you from setting screening guidelines for issues that relate to tenant lease compliance and applying them equally to all applicants. 7. Execute a Written Lease With Your New Tenant. The two most common types of rental agreements are month -to - month or year -long leases. Either type is appropriate in Santa Cruz, and the decision as to which one to use is up to you. Of course, the most important part of any rental agreement is character of the people who sign it. This is why the screen- ing process mentioned above is key to a successful landlord/tenant rela- tionship. page 46 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 129 of 161 A written agreement is vital to pro- tecting both the landlord's and the tenant's rights, and creates an even playing field from the start. Rental agreements or leases should be as comprehensive and as clear and concise as possible, and spell out all expectations and responsibilities of each party. Following are some examples of what might be included in your ADU lease: • Only those people listed on the rental agreement are allowed to live at the property. • No subleasing; • No disturbing the neighbors; • No illegal drug use, sale, growth, or manufacture on the property. A sample lease agreement can be found in the Appendix. As with all written documents you may use in renting and managing your ADU, it is advisable to have them checked by your attorney, local property management association or real estate agent. Finally, you should check with your insurance agent to make sure you have adequate coverage for your new ADU. A well designed insur- ance program will protect you from losses caused by fire, storms, bur- glary, vandalism and personal injury and discrimination lawsuits. For a more complete look at how to effectively manage your rental ADU, please see the Appendix for an online link to the City's "Landlord Training Manual" and the State of California's "Guide to Residential Tenants' and Landlords' Rights and Responsibilities". ADUs as Affordable Housing You may consider placing your ADU in the City's Affordable Housing Program. This would require that you rent your ADU to low-income tenants and would also restrict the amount of rent you can charge. The City offers financial incentives in exchange. Participation in this program in entirely voluntary. Here's how it works: page 47 Fee Waiver Program Certain fees are eliminated is exchange for affordability restric- tions on your ADU. Under this pro- gram, the requirement that your ADU be affordable is in effect for the life of the unit or until you opt to pay the waived fees at some point in the future. There are two levels of fee reductions: The first level is a partial reduction if you agree to rent your unit to a tenant household that is at or below 60% of the area median income for Santa Cruz. In 2003, for a one -per- son household, this amount is $31,800. Typical workers earning this level of income would include entry level teachers or nurses' aids. The second level of fee waivers eliminates all of the Planning and Building fees. At this level, you must agree to rent only to a tenant household that is at or below 50% of the area median income. In 2003, the maximum income for a house- hold of one is $26,500. This income level might include seniors on fixed income, students who are working part-time or service industry work- ers (waiters, store clerks). Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 130 of 161 ADU Loan Program The City has a loan program to help you build your ADU. Fifteen and twenty year loans are available, with fifteen and twenty year affordability requirements respectively. Income restrictions for this program are at 80% of the area median income, which is $42,400 for a one - person household. New teachers and many professionals who are just starting out qualify at this level. The chart above shows the 2003 income and rent levels for a 1 or 2 person household. Annual adjust- ments are generally made in February of each year. For all of the above programs, you are responsible for verifying your tenant's income. The tenant must SANTA CRUZ INCOME AND RENT RESTRICTIONS FOR 2003 %AMI Household Size MaximumTotal Income Maximum Rent 80% 1 Person $42,400 $1,060 80% 2 Persons $48,450 $1,211 60% 1 Person $31,800 $795 60% 2 Persons $36„300 $908 50% 1 Person $26,500 $662 50% 12 Persons $30,300 $758 sign a form certifying their house- hold income and you must request and keep records that include the form and backup infonnation such as copies of pay stubs, income tax returns, etc. The City will monitor your ADU for compliance on an annual basis and ask you to submit certifications as to who is living in your ADU, what their income is and how much rent you are charging theirs. The afford- ability restrictions are recorded on the title to your property, and will extend to subsequent buyers of your property, unless you pay the waived fees or until the expiration of your ADU loan term. page 48 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 131 of 161 Appendix: More Resources The Appendix contains additional resources for ADUs. APPENDIX CONTENTS City Departments Contact Information..................................................... page 50 UsefulWeb Sites......................................................................................... page 50 BuildingCodes........................._................................................................... page 50 ADUDefinitions........................................................................................... page 51 ADUPlans Checklist...................................................................................page 53 ADUPermit Fees......................................................................................... page 58 ADUZoning Regulations........................................................................... page 59 Sample Residential Lease Agreement..................................................... page 65 page 49 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 132 of 161 Questions regarding your ADU can be answered The City's and other web resources can provide by City staff. The following contact information is useful information for planning, designing, and provided for your convenience, leasing your ADU. Department of Planning and Community Development 809 Center St., Rm. 206 Santa Cruz, CA 95060 Planning Counter: (831)-420-5416 Building Counter: (831)-420-5417 Website:www.ei.santa-cruz.ca.us/pl Email: cityplan@ci.santa-cruz.ca.us Public Works Department 809 Center Street, Room 201 Santa Cruz, California 95060 Phone: (831) 420-5160 Webs ite: www. ci. santa-cruz. ca. us/pw Email: citypw@ci.santa-cruz.ca.us Fire Department 230 Walnut Ave. Santa Cruz, CA 95060 Phone: (831)-420-5280 Websitc:www.ci.saiita-crLiz.ca.us/fd Email: cityfire@c i. santa-cruz. ca. us Water Department 809 Center Street Administration: Room 102 Customer Service: Room 101 Santa Cruz, California 95060 Phone: (831)-420-5200 Website:www.ci.santa-cruz.ca.us/wt Email: citywtad@ci.santa-cruz.ca.us City of Santa Cruz Accessory Dwelling Unit Development Program www.ei.santa-cruz.ca.us/hed/ADU/adu.html City of Santa Cruz Landlord Training Manual www. ci . santa- cruz.ca.us/p I/hcd/LandlordTrainingManual. pdf • State of California Guide to Residential Tenants' and Landlord's Rights and Responsibilities www.dca.ca.gov/tegal/landlordbook/index.litm] Green Building Information • California Integrated Waste Management Board Green Building Web Site: www.ciwmb.ca.gov/GreenBuilding • City of Austin, Texas Green Building Program www.ci.austin.tx.us/greenbuilder/ gbpmem- bers.htm City of San Jose — Green Building Site Map www.ci.san-jose.ca.us/esd/gb-sitemap.htm City of Santa Monica Sustainable City Program www.santa-monica.ca.us/envii-oni-nent/policy Environmental Building News: www.buildinggreen.com In California, the model building codes prepared by the International Conference of Building Officials (ICBO), the International Association of Plumbing and Mechanical Officials (IAPMO), and. the National Fire Protection Association (NFPA) are modified by the California Building Standards Commission to become the California Building Code. These codes are contained in Title 24 of the State Health and Safety Code. If you are not familiar with the California Building Code, there are subtle changes from the model codes. You are required by state law to fol- low these changes. if you try to decipher the California code yourself from the text, you have to use the adoption matrix contained in each code to determine applicability. Plan Checkers/ Inspection staff can help with much of the infor- mation you need. Visit our counter, or write to the Department. Staff cannot perform individual structural or energy calculations to fit your partic- ular situation, but they can give you guidance as to what you will need to do or what type of pro- fessional you will need to hire. page 50 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 133 of 161 There are a number of terms used when discussing planning, design- ing and developing ADUs. The fol- lowing pages include some of the more important ones. Accessory Dwelling Unit (ADU): A dwelling unit accessory to a main single-family dwelling. Administrative Use Permit: Special planning pen -nit required for ADUs of more than one story in height. Requires a public hearing. Alley: A public or private way which affords secondary access to an abutting property. Deed Restriction: A special condi- tion or requirement pertaining to the property recorded in the public record. The restriction stays with the property unless and until removed by the pennitting agency. Duplex: A two-family dwelling or duplex designed or used exclusively as a residence, including two sepa- rate dwelling units. Dwelling: A structure or portion thereof including one or more rooms designed or used as a resi- dence by one family or housekeep- ing unit, with facilities for living, sleeping, eating and food prepara- tion. Easement: A limited right of one person or class of persons to use real property owned or occupied by another. Family: An individual, or two or more persons living together and occupying a dwelling. General Contractor: A general building contractor is a contractor whose principal contracting busi- ness is in connection with any struc- ture built, being built, or to be built, for the support, shelter and enclo- sure of persons, animals, chattels or moveable property of any kind requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superin- tend the whole or any part thereof. Green Building: Utilization of environmentally appropriate and page 51 resource conserving materials and techniques. Heritage Tree: Any tree, grove of trees, shrub or group of shrubs, growing on public or private proper- ty within the city of Santa Cruz which has a trunk with a circumfer- ence of 44" measured at 54" above grade, has a historical or horticultur- al significance, is a distinctive size or structure for its species, provides a valuable habitat, or is identified by the City Council as having a sig- nificant arboicultural value to the City. Loft: A space directly beneath the roof structure raised above the main floor which opens into interior space. Lot: A piece or parcel of land, occupied or intended to be occu- pied, by a permitted principal build- ing or a group of such buildings and accessory buildings, together with required open spaces, and having frontage on a dedicated, accepted and improved public street. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 134 of 161 On -Site Parking: A permanently surfaced area for vehicular parking, either within a structure or in the open, and connected to a public street, alley or other public way by a permanently surfaced driveway or access drive. Permit: Written governmental per- mission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. Property Line: A line of record that divides one lot from another. Primary Residence: A building in which is conducted the principal use of the lot on which it is located. For residentially zoned lots, such a building would be a dwelling. Public Hearing: A meeting in which testimony and arguments are presented publicly before a hearing body. Setback: The distance by which any structure is required to be removed from a property line, street or alley, right-of-way line or the like. Single -Family Dwelling: A build- ing designed or used exclusively as a residence and including only one dwelling unit. Zoning Ordinance: A municipally adopted set of laws and regulations governing uses of property located within a jurisdiction. page 52 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 135 of 161 The City of Santa Cruz has devel- oped a number of Accessory Dwelling Unit (ADU) Prototypes that homeowners may utilize on their own property. The Prototypes have been pre -reviewed by City staff for compliance with local building and zoning codes. However, because of variations in sites including slope, property line setbacks, distance from adjoining buildings and soil conditions, each application for an ADU must be tai- lored to fit your individual needs. Even though the ADU Prototype plans contain many of the elements necessary to obtain a permit, there is some basic data about your par- ticular site and project that you will be required to supply. Construction drawings of your pro- jects will be necessary for you to obtain a building permit. Some of this information has already been provided in the ADU Prototype plan sets. As the property owner, you may prepare plans for buildings for your own use or occupancy, includ- ing single-family dwellings of wood frame construction, not over two stories and a basement in height. An architect or engineer, registered in the State of California, must prepare plans and specifications for any other project. For unusual or non- standard designs, the Building Official may require plans and spec- ifications to be prepared and designed by such an architect or engineer. Only complete construc- tion drawings will be accepted for review. Your completed application will be reviewed by the appropriate City agencies, who will also advise you by mail of any deficiencies in your plans. You will also be notified either by letter or telephone of the completion of processing and fees due. Any deficiencies noted must be corrected before the building permit will be issued. One copy of the approved plans, with corrections and requirements noted, will be returned to you with your building pen -nit. The plans and pen -nit must be available on the job site at all times during construction. Information concerning inspection requirements will be given to you with your permit. page 53 The City is employing a multi -dis- tribution process for pen -nit process- ing in which each reviewing depart- ment receives a copy of the plans at the same time. Generally, for new ADUs, this involves nine sets of plans, six of which are routed to each of the City reviewing depart- ments, two to the plans examiner, and one control set. Two of the sets must be signed by you if you've modified them yourself, or by the architect or designer you may have hired to help you with any modifi- cations. The City has already done an engi- neering review on the ADU Prototypes, and if you have not modified these designs significantly, it's likely that no additional engi- neering will be required. If you have significantly altered a Prototype design, you'll have to hire an engineer to provide calculations asserting that the alterations are safe from a structural point of view. You'll need to supply three sets of calculations, specifications or spe- cial product information. (Be sure all calculations are signed by the engineer.) You should verify with Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 136 of 161 the Building Counter exactly how many sets are needed before apply- ing. In addition, the County Assessor's Office requires an I V X 17" fully delineated reduced floor and site plan or a full size set of any work requiring pen -nits. Applications will not be accepted unless you have this item. A checklist of needed information on your project in order to complete the permitting process follows. General Requirements ❑ Nine copies of plans, plus three sets of structural and energy cal- culations, brochures, etc. Indelible reproductions only, no originals. ❑ Good grade of single sheet plain white paper, (no tape) for plans. ❑ One extra set of I V X 17" reduced size floor and site plan for the County Assessor. ❑ No red ink or pencil marks on plans. ❑ Signature of designer (and stamp, if licensed) on first sheet of two sets of plans. All signatures must be original and in ink, no copies or stamped signatures. ❑ Signature and stamp of engineer on calculations and/or engineered sheets of drawings. All signatures to be original and in ink, no copies. ❑ Minimum sheet size I V X 17" if using City ADU Prototype; for all other designs, minimum 18"x24" sheets are required (engineering calculations and product/material specifications may be 8 1/2" X I ). Plot Plan ❑ Scale 1" = 10' or 20', 1/8" or 1/4" = F or other appropriate scale. ❑ Entire property shown with dimensions of boundaries, loca- tions of existing and proposed buildings in relation to each other. ❑ North arrow. ❑ Topographic contours in vicinity of improvements (building, drive -way, street & sidewalk (you may use base 100') Contour interval nonnally 2' unless other- wise directed by Planning staff. ❑ Building setbacks from property lines, percent of lot coverage. ❑ Off street parking, driveways, walkways. All rights -of -way (streets and alleys) and easements adjacent to or on property. ❑ Proposed location of on -site sewer, lateral, clean -outs, etc. If connecting to the existing main dwelling drain verify there is suf- ficient fall from the ADU. ❑ Indicate if curbside improve- ments are existing (sidewalk, gutter, etc.). ❑ Drainage system (see erosion control plan requirements). Elevations Cl Scale 1/4" = V- 0". ❑ Four elevations labeled North, South, East, West. ❑ Relative ground elevations in relation to ADU, including natur- al and finished grades. ❑ Height of structure (plate lines and ridge). Ll Demonstrate roofing material, exterior finish, height of chimney above combustible material, trim, gutters, downspouts, velocity dis- sipaters, handrails, guardrails, etc. page 54 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 137 of 161 Floor Plans ❑ Scale 1/4" = F - 0". ❑ Width of walls and partitions delineated (single lines indicating walls are unacceptable). ❑ Dimension lines must clearly demonstrate termination of dimension such as outside, inside or centerline of partition. Use feet and inches normally, inches only on small distances. ❑ Dimensions and arrangement of rooms and partitions on each floor. ❑ Square footage of heated space. ❑ Fully dimension all partitions. ❑ Label doors and windows with identifying symbols (window and door schedule is required, but may be on a separate sheet). ❑ Indicate finish of floors, counter- tops, vanities, etc. such as carpet, tile, hardwood, etc. ❑ Splash protection type for show- ers and bath tubs (doors or cur- tains). Indicate tempered glass where required. ❑ Location of smoke alarm, fans, skylights. ❑ Indicate hand rails and guard rails. ❑ Indicate water heater, furnace and dryer types. If gas, call out Btu rating, make and model (units must be CEC approved). ❑ If ADU is attached to a garage, indicate firewall protection between garage and ADU. Under stair storage areas in two story applications must also be protect- ed with 5/8-inch type X gypsum board. ❑ Call out rise and run of stairs, indicate stairway width (36" min.). Electrical Plan (May be included on floor plan) ❑ Scale 1/4" = F - 0". ❑ Location of all outlets, switches, lights, fans, smoke detectors, sub -panels (w/rating), service (w/rating), electrical appliances. ❑ Identify location of all GFI pro- tected outlets in bathrooms, garages, kitchens, outdoors ❑ Identify that all 15 and 20 ampere circuits in bedroom or sleeping area (outlets and lights) are protected with arc -fault cir- cuit interrupter (AFCI) type breakers. ❑ Indicate specialized circuits (i.e.; page 55 kitchen small appliance, dedicat- ed laundry, dishwasher/garbage disposal, etc.). ❑ State law now requires a mini- mum service of 100 amps to any dwelling unit. Indicate either a separate service for ADU or a minimum 200-amp service on the main dwelling with a 100- amp sub -feed to the ADU. Plumbing Plan (May be included on floor & foundation plans) ❑ Scale 1/4" = F - 0". ❑ Location of all fixtures. ❑ Location of hose bibs (approxi- mate). ❑ Location of back flow preventers and pressure reducers as needed. ❑ Location of gas meter or piping from main dwelling. ❑ Size and material of gas lines serving fuel burning appliances. Gas lines may need to be upsized from the main meter to the ADU to accommodate distances nor- mally encountered from the main meter to the ADU. ❑ Size and material of water pip- ing. ❑ Size and material of DWV pip- ing. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 138 of 161 ❑ Layout of hydronic heating pip- ing if applicable. ❑ Layout of fire sprinkler system (Note: all new residential con- struction must be fire sprinklered with a residential system approved by the Fire Department and Water Department). Mechanical Plan (May be included on floor & foundation plans) ❑ Scale 1/4" = 1' - 0" ❑ Location, output BtuH, make and model of HVAC unit(s). ❑ Location of ductwork and floor registers, incl. size and material. ❑ Location, size and material of return air register and duct. ❑ Location of fire dampers and/or protection of fire wall penetra- tion. ❑ Identify combustion air sources for fuel burning appliances. Foundation Plan ❑ Scale: 1/4" = F - 0". ❑ Layout of foundation walls, foot- ings and slabs w/ dimensions. ❑ Layout of piers, beams, trusses, joist direction, pilings, etc. ❑ Detail of footing/stem/slab design, slab connection, sill material, anchor bolts (include spacing), indicate minimum Fb for concrete (2000 psi min.). ❑ Location of crawl space vents, U/F access, heating duct layout as applicable. ❑ A soils report is required unless waived by the Building Official. Framing Cl Indicate size, spacing, material, species and grade of all wood members. Call out species and grade of all wood used (Note: On specialty types of framing such as structural insulated panels (SIPS), there will need to be detailing of the connections to sills and rafters). ❑ Complete typical cross section of each major framing type (use section lines on floor and foun- dation plans to identify section). Detail as necessary. ❑ Footing, foundation and finish grades in relation to framing. ❑ Crawl space, ceiling and attic heights (show on section draw- ing). ❑ All floor, wall, ceiling & roof framing with size and spacing of members (show compliance with UBC Table 25-Q "Nailing Schedule"). ❑ Exterior frame elevation detail along major wall. ❑ Lateral and seismic bracing details (basic engineering will be done for you in ADU Prototypes. You may need to provide addi- tional review for modifications to fit your specific project). ❑ Roofing, roof sheathing and exterior wall materials. ❑ Insulation type and placement. ❑ Show positive cross -flow ventila- tion of under floor, attic, cathe- dral ceiling, flat roof areas. Details ❑ Scale: suitable to fully explain the depicted detail. ❑ High strength connections (may also require special inspection). ❑ Rated floor ceiling assemblies, party walls, property line walls. ❑ Connection of framing members including hanger, straps, etc. ❑ Nailing schedule for shear walls. ❑ Footing, pier, grade beam (including connections to fram- ing). ❑ For Decks: Framing layout, foot- ing design, bracing, guardrails, etc. page 56 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 139 of 161 ❑ Wood stoves, fireplaces (Note: if using manufactured stove or fire- place, include make, model and manufacturer's brochure if avail- able. If masonry fireplace, detail design — Masonry Design Handbook OK). ❑ Cross section of stair framing and handrail design. ❑ Engineering calculations (be sure they're signed and identified). Energy Conservation Requirements ❑ Basic energy standards for resi- dential buildings shall be the cur- rent Title 24 standards for new residential buildings as adopted by the California Energy Corrunission (CEC). Consideration should be given to installation of renewable energy source devices such as solar hot water and photovoltaic systems. ❑ Compliance forms are required to be incorporated into the plan set. All signatures must be affixed before issuance of permit. General Engineering Requirements ❑ Retaining walls over 4 feet high or carrying a surcharge. J Large load bearing beams, including glu-lams. .J Large or high strength timber connections. ❑ Non-standard foundations. ❑ Any span exceeding 25 feet. ❑ All trussed spans (calculations required at time of submission - usually obtained from truss man- ufacturer). J Buildings employing steel frame components such as moment frames (those portions only). ❑ Buildings of alternate materials. ❑ Buildings of other than standard construction practice. J Wind analysis is required on all exposure "C" and "D" (high wind) structures. These structures are generally located where there is nothing to block the wind such as other buildings, trees, hills, etc. J Elevation certificates are required for structures in flood plain. page 57 Erosion Control Plan ❑ Scale: same as plot plan (may be included on plot plan). Cl Details of existing and proposed drainage patterns. ❑ Proposed run-off control mea- sures. ❑ Re -vegetation proposal for all disturbed slopes. ❑ Sediment containment measures and special precautions for win- ter grading operations (December 1 to April 1). ❑ Demonstration of Best Management Practices (BMP) and compliance with State Storm Water Retention requirements. ❑ General landscaping and irriga- tion plan. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 140 of 161 The chart on the right summarizes the 2003 permit fees required for a single story I or 2 bedroom 500 SF ADU. The total fees will depend on the scope of your project. If you use an ADU Prototype, fees maybe reduced because the plans have been "pre -reviewed" by the City. These fees are subject to periodic adjustments. Make sure you get a current fee schedule from the City. SAhiTACRUL PLANNI N G DEPARTMENT Housing & Community Development Division 800 CENTER STREET, Rocw 206, SANTA CRUZ, CA 95060 •831/420-6250 • rAx S31/420{958 .DU PERMIT FEES Note: The following are typical fees fora I or 2 be&-oom, I bail; I -story 500 sgjl. ADU on a stwtdmd 5, 000 sq,ff lot, Fees current as of November 2003. Fees will increare,for larger ADUs, aril not all fees tnay apply to your project. Please see the qualifying ,notes below Fee Type Cost Birilding P]an Check 432.09 Bnildim-Perrair _ _ 664.75 Electrical Permit 7S.c18 Mechanical Permit 36.55 Plumbing Permit 71.90 Strong Motion seismic reinforcement) 5.22 Eneilpy Plan Check 110.00 Plaradna Plan Check 416.00 Administrative Use Permit (see vote I) 1.033,00 General Plan Maintmiance 281.90 Public Works Plan Check 100.00 Fire Plan Check 132.95 Water Plan Check 50.00 Water Connection 2 349.00 Sewer Connection 900.00 Water Service Installation Permit (.Tee Note 2) I80.00 Water Meter Installation (see Nona 2) 267.00 Street CYpening Permit (see Note 2) 75.00 Building hLspactor Trairtisre 3.00 Parks and Recreation L500.00 School (tee Note 3) Note 1: Not required for single story ADUs complying with the development standards applicable to the zoning district. This Fee is required for all other ADU projects. Note 2: This fee charged only if a separate fire sprinkler service and meter are required by Fire Department. Note 3: .Not required for ADUs of 500 sq.ft. or less. The current rate is $1.65 per sq.ft, for ADUs larger than 500 sqA. page 58 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 141 of 161 TITLE 24 ZONING ORDINANCE OF THE CITY OF SANTA CRUZ CHAPTER 24.16 PART 2 24.16.100 Purpose. The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings are allowed because they can contribute needed housing to the community's housing stock. Thus, it is found that accessory units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities that are compatible with single-family development. To ensure that accessory units will conform to General Plan policy the following regulations are established. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.120 Locations Permitted. Accessory dwelling units are permitted in the following zones on lots of 5000 square feet or more: 1. RS-5A, RS-10A 2. RS-lA, RS-2A 3. R-1-10 4. R-1-7 5. R-1-56.R-L, R-T(A), (B), and (D). (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.130 Permit Procedures. The following accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.160. Any accessory dwelling unit meeting the same development standards as permitted for the main building in the zoning district, whether attached or detached from the main dwelling. Any single story accessory dwelling unit. Any accessory dwelling unit not meeting the requirements above shall be conditionally permitted uses within the zoning districts specified in Section 24.16.120 and shall be permitted by administrative use permit at a pub- lic hearing before the zoning administrator, subject to the findings per Section 24.16.150 and the development page 59 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 142 of 161 standards in Section 24.16.160. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.150 Findings Required for Conditionally Permitted Accessory Dwelling Units. - Before approval or modified approval of an application for an accessory dwelling unit, the decision making body shall find that: 1. Exterior design of the accessory unit is compatible with the existing residence on the lot through architectural use of building forms, height, construction materials, colors, landscaping, and other methods that confonn to acceptable construction practices. 2. The exterior design is in harmony with, and maintains the scale of, the neighborhood. 3. The accessory unit does not result in excessive noise, traffic or parking congestion. 4. The property fronts on an adequate water main and sewer line each with the capacity to serve the additional accessory unit. 5. The site plan provides adequate open space and landscaping that is useful for both the accessory dwelling unit and the primary residence. Open space and landscaping provides for privacy and screening of adjacent proper- ties. 6. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, solar access or parking of adjacent properties. 7. The one and one-half to two-story structure generally limits the major access stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard have been minimized. The design of the accessory unit shall relate to the design of the primary residence and shall not visually dominate it or the surrounding properties. 8. The site plan shall be consistent with physical development policies of the General Plan, any required or optional element of the General Plan, any area plan or specific plan or other city policy for physical develop- ment. If located in the Coastal Zone, a site plan shall also be consistent with policies of the Local Coastal Program. 9. The orientation and location of buildings, structures, open spaces and other features of the site plan are such that they maintain natural resources including heritage or significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation relate to natural land forms. 10. The site plan is situated and designed to protect views along the ocean and of scenic coastal areas. Where page 60 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 143 of 161 appropriate and feasible, the site plan restores and enhances the visual quality of visually degraded areas. 11. The site plan incorporates water -conservation features where possible, including in the design of types of land- scaping and in the design of water -using fixtures. In addition, water restricting shower heads and faucets are used, as well as water -saving toilets utilizing less than three gallons per flush. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.160 Design and Development Standards. All accessory dwelling units must conform to the following standards: 1. Parking. One parking space shall be provided on -site for each studio and one bedroom accessory unit. Two parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in addition to the required parking for the primary residence. (See Section 24.16.180 for parking incentives.) 2. Unit Size. The floor area for accessory units shall not exceed five hundred square feet for lots between 5000 and 7500 square feet. If a lot exceeds 7500 square feet, an accessory unit may be up to 640 square feet and, for lots in excess of 10,000 square feet, a unit may be up to 800 square feet. In no case may any combination of buildings occupy more than thirty percent of the required rear yard for the district in which it is located, except for units which face an alley, as noted below. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than nonnal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house. 3. Existing Development on Lot. A single-family dwelling exists on the lot or will be constructed in conjunction with the accessory unit. 4. Number of Accessory Units Per Parcel. Only one accessory dwelling unit shall be allowed for each parcel. 5. Setbacks for Detached Accessory Dwelling Units. The side -yard and rear -yard setback for detached single story structures containing an accessory dwelling unit shall not be less than three feet in accordance with the Uniform Building Code, and the distance between buildings on the same lot must be a minimum of 10 feet. Accessory units higher than one story shall provide side yard setbacks of five feet and rear yard setbacks of ten feet. If any portion of an accessory dwelling unit is located in front of the main building, then the front and sideyard setbacks shall be the same as a main building in the zoning district. Accessory dwelling units are not eligible for variances to setbacks. 6. Setbacks for Attached Accessory Dwelling Units. Attached accessory dwelling units shall meet the same set- backs as a main building in the zoning district. 7. Other Code Requirements. The accessory unit shall meet the requirements of the Uniform Building Code. page 61 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 144 of 161 8. Occupancy. The property owner must occupy either the primary or accessory dwelling. 9. Building Height and Stories. a. A one story detached accessory dwelling unit shall be no more than thirteen feet in height. b. A one and one-half to two story detached accessory dwelling shall be no more than twenty-two feet in height measured to the roof peak. c. An attached accessory unit may occupy a first or second story of a main residence if it is designed as an integral part of the main residence and meets the setbacks required for the main residence. d. If the design of the main dwelling has special roof features that should be matched on the detached accesso- ry unit, the maximum building height of the accessory dwelling unit may be exceeded to include such similar special roof features subject to review and approval of the Zoning Administrator. 10. Alley Orientation. When an accessory dwelling unit is adjacent to an alley, every effort shall be made to orient the accessory dwelling unit toward the alley with the front access door and windows facing the alley. Parking provided off the alley shall maintain a twenty-four foot back out which includes the alley. Fences shall be three feet six inches along the alley. However, higher fencing up to six feet can be considered in unusual design circumstances subject to review and approval of the Zoning Administrator. 11. Design. The design of the accessory unit shall relate to the design of the primary residence by use of the simi- lar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. 12. Large Home Design Pen -nit. The square footage of an attached or detached accessory unit shall be counted with the square footage of the single family home in determining whether a large home design pen -nit is required. 13. Open Space and Landscaping: The site plan shall provide open space and landscaping that are useful for both the accessory dwelling unit and the primary residence. Landscaping shall provide for the privacy and screen- ing of adjacent properties. 14. The following standards apply to accessory dwelling units located outside the standard side and rear yard set- backs for the district. The entrance to the accessory unit shall face the interior of the lot unless the accessory unit is directly accessible from an alley or a public street. Windows which face an adjoining residential property shall be designed to protect the privacy of neigh- bors; alternatively, fencing or landscaping shall be required to provide screening. 15. A notice of application shall be sent to the immediately adjoining neighbors. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). page 62 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 145 of 161 24.16.170 Deed Restrictions. Before obtaining a building pen -nit for an accessory dwelling unit the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: 1. The accessory unit shall not be sold separately. 2. The unit is restricted to the approved size. 3. The use permit for the accessory unit shall be in effect only so long as either the main residence, or the acces- sory unit, is occupied by the owner of record as the principal residence. 4. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement and/or revoking the conditional use permit. 5. The deed restrictions shall lapse upon removal of the accessory unit. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 26.16.180 Zoning Incentives. The following incentives are to encourage construction of accessory dwelling units. 1. Affordability Requirements for Fee Waivers. Accessory units proposed to be rented at affordable rents as established by the city, may have development fees waived per Part 4 of Chapter 24.16 of the Zoning Ordinance. Existing accessory dwelling units shall be relieved of the affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual CPI increase coininencing with the date of application for Building Permit. 2. Covered Parking. The covered parking requirement for the primary residence shall not apply if an accessory dwelling unit is provided. 3. Front or Exterior Yard Parking. Three parking spaces may be provided in the front or exterior yard setback under this incentive with the parking design subject to approval of the Zoning Administrator. The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more than 50% of the front yard width shall be allowed to be parking area. 4. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking spaces for the prima- ry residence and the accessory dwelling unit may be provided in tandem on a driveway. A tandem arrangement consists of one car behind the other. No more than three total cars in tandem may be counted towards meeting the parking requirement. 5. Alley Presence. If an accessory dwelling unit faces an alley as noted in the design standards in this chapter, the page 63 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 146 of 161 limitations on rear yard coverage as specified in Section 24.16.160 (2) and/or Section 24.12.140 (5) do not apply. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.300 Units Eligible for Fee Waivers. Developments involving residential units affordable to low or very -low income households may apply for a waiv- er of the following development fees: 1. Sewer and water connection fees for units affordable to low and very low income households. 2. Planning application and planning plan check fees for projects that are one hundred percent affordable to low and very -low income households. 3. Building permit and plan check fees for units affordable to very -low income households. 4. Park land and open space dedication in -lieu fee for units affordable to very low income households. 5. Parking deficiency fee for units affordable to very -low income households. 6. Fire fees for those units affordable to very -low income households. (Ord. 93-51 § 6, 1993). 24.16.310 Procedure for Waiver of Fees. A fee waiver supplemental application shall be submitted at the time an application for a project with affordable units is submitted to the city. (Ord. 93-51 § 6, 1993) page 64 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 147 of 161 The following sample lease is intended only to serve as an example of what might be included on a lease between a property owner and tenant. This sample lease is not intended to serve as a legal binding document, nor does it presume to be compre- hensive or all inclusive. The reader is advised to contact an attorney, property management association or real estate profes- sional prior to selecting a lease form to use. Recitals THTS LEASE is entered into on 20_ by and between hereafter referred to as "Landlord", and , hereafter collectively referred to as "Tenant". Landlord hereby leases to Tenant the single-family dwelling unit located at , Santa Cruz, CA hereafter called the "leased premis- es." NOW, THEREFORE, the parties hereto agree as follows: 1.00 Recitals. The foregoing recitals are part of this Agreement. 2.00. Term. This lease shall be for a term of one year commencing at 12:01 A.M. on _, 20_(the "Commencement Date"), and ending at 12:01 A.M. on 20_ unless sooner terminated under the provisions of this lease. 3.00 Rent. Tenant agrees to pay to Landlord as rent for the use and occupancy of the leased premises the sum of (S .00) per month. The rent is payable in advance on or before the first day of each month, commencing on _, 20, at = , Santa Cruz, CA 95_ or at any other place designated by Landlord in a written notice served on Tenant. Landlord acknowledges receipt of the sum of ($ as the first month's rent. 4.00 Late Charges & interest on Unpaid Rent. (a) Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this lease, the exact amount of such costs being difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the premise. (b) Therefore, if any installment of rent due from Tenant is not received by Landlord when due, Tenant shall pay to Landlord an additional sum of Dollars and no cents ($ .00) as a late charge, and interest at the rate of one and one half percent (1 1/2%) per month, or the maximum rate of interest allowed by law, on the unpaid balance of said rent or sum until paid. The parties agree that said late charges and interest represents a fair and reasonable estimate of the costs page 65 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 148 of 161 that Landlord will incur by reason of late payment by Tenant. The acceptance by Landlord of any late charge shall not con- stitute a waiver of Tenant's default with respect to the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Agreement or as provided by law. 5.00 Security Deposit. On execution of this lease, Landlord acknowledges Tenant's previous deposit of Dollars and no cents ($ .00) as a security deposit. Landlord will hold this securi- ty deposit for the faithful performance by Tenant of Tenant's obligations under this lease and for the cleaning and repairing of the ]eased premises after surrender by Tenant. Landlord agrees to hold the security deposit for Tenant, free from the claim of any creditor of Landlord. Landlord will return to Tenant the full amount of the deposit within two weeks after Tenant has vacated the leased premises, less any amounts that are reasonably necessary to remedy any defaults in the payment of rent by Tenant, to repair damages to the leased premises caused by Tenant or Tenant's guests other than ordinary wear and tear, and to clean the leased premises. At the time Landlord returns the deposit to Tenant, Landlord will furnish Tenant with an itemized written statement of the amount of the security deposit received, the charges made by Landlord against the security deposit, and the disposition made or to be made of the security deposit. 6.00 Interest on Security Deposit. In accordance with Section 21.02.040 of the Santa Cruz Municipal Code, for every ten- ant whose tenancy is continuing, Landlord shall, without demand, pay Tenant each year, no later than January 1st, Tenant's interest for the previous calendar year or portion of the calendar year, in the form of either a draft payment or a credit against the Tenant's rent. Landlord shall choose between the two methods of payment. "Tenant's interest" shall mean an amount of simple interest per year on all security deposits in excess of $50.00 paid by Tenant to Landlord. The minimum rate of simple interest, earned and payable under this section, shall be established from time to time by resolution of the Santa Cruz City Council based on the recommendation of the Santa Cruz County treasurer -tax collector. Upon tennination of the tenancy, Landlord shall pay all interest due no later than three weeks after Tenant has vacated the premises. Should Landlord fail to disburse interest to Tenant by January 1 st, or credit Tenant's rent, Tenant's interest shall, on a daily basis, accrue on the sum of the principal amount of the security deposit held by Landlord, plus the amount of any previous interest earned but not dis- bursed or credited. 7.00 Utilities. Tenant agrees to pay all charges for all utilities, including electricity, gas, water, sewage, garbage disposal, and telephones, used in or on the leased premises during the term of this lease. Tenant shall make payments for these utilities directly to the utility companies. 8.00 Occupancy of Leased Premises. Except as otherwise provided in this paragraph, only those persons collectively referred to in this lease as "Tenant" will occupy the leased premises. The persons collectively referred to as "Tenant" shall execute this lease. It is expressly understood that this lease is between Landlord and each Tenant signatory individually and severally. In the event of default by any one signatory, the remaining signatory shall be responsible for timely payment of page 66 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 149 of 161 rent and all other provisions of this lease. Tenant may have up to 2 guests on the leased premises at any one time. A person shall be considered a "guest" for these purposes if he or she occupies the leased premises for a total of fewer than 30 calen- dar days in a year. No other person shall be permitted to occupy the leased premises except with the prior written approval of Landlord. 9.00 Use of Leased Premises. Tenant agrees that the leased premises are to be used exclusively as a single-family residence. Tenant must obtain Landlord's prior written consent before keeping pets (or permitting pets to be kept) on the leased premis- es. Tenant shall not do or permit anything to be done in or about the leased premises that will in any way obstruct or inter- fere with the rights of occupants of neighboring buildings or injure or annoy them or use or allow the leased premises to be used for any improper, unlawful, or objectionable purpose. Tenant shall not cause, maintain, or permit any nuisance in, on, or about the leased premises, or commit any waste in or on the leased premises. Further, Tenant shall not do or permit any- thing to be done in or about the leased premises or bring or keep anything in the leased premises that will in any way increase the existing rate of or affect any fire or other insurance on the house or any of its contents, or cause a cancellation of any insurance policy covering the house or any part of it or any of its contents. Finally, Tenant shall not put the leased premises to any use that violates local zoning ordinances or any other law applicable to the leased premises. 10.00 Condition of Leased Premises. The rights and responsibilities of Landlord and Tenant relating to the condition of the leased premises are as follows: (a) Landlord will, at Landlord's own cost and expense, put and maintain the leased premises in a safe and sanitary condition and shall comply with all laws, ordinances, and regulations pertaining to the condition of the leased premises. Tenant shall remedy, at Tenant's own cost and expense, any deteriorations of or injuries to the leased premises occasioned by Tenant's lack of ordinary care. (b) Tenant acknowledges that Tenant has inspected the leased premises prior to executing this Agreement, including all fur- nishings, fixtures, appliances, and other personal property subject to this Agreement and agrees that they are in satisfactory condition and good working order, except as noted by Tenant on the "inspection Sheet" attached as Exhibit "A" and hereby incorporated and made part of this Agreement. 11.00 Alterations and Repairs by Tenant. The parties agree that the following provisions govern all alterations and repairs of the leased premises by Tenant: (a) Tenant shall make no alterations to the leased premises without the prior written consent of Landlord. Any alteration made to the leased premises by Tenant after that consent has been given, and any fixtures installed as a part of that work, will at Landlord's option become the Landlord's property on the expiration or earlier termination of this lease, provided, page 67 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 150 of 161 however, that Landlord shall have the right to require Tenant to remove any fixtures at Tenant's cost on termination of this lease. (b) Tenant shall notify Landlord of any dilapidations or other defective conditions on the leased premises that require repairs. If Landlord fails to repair or arrange for the repair of the condition within a reasonable time (not exceeding 30 days), Tenant may make the repairs or arrange for them to be made and deduct the cost of the repairs, provided Tenant does not deduct more than the equivalent of one month's rent. 12.00 Entry by Landlord. Landlord may enter the leased premises only under the following circumstances (a) In case of emergency; (b) To make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the leased premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors; (c) If Tenant abandons or surrenders the leased premises; (d) Pursuant to court order. Landlord will give Tenant at least 24 hours notice of Landlord's intent to enter unless an emergency exists, Tenant has aban- doned or surrendered the leased premises, or it is impracticable to do so. Further, Landlord will enter only during normal business hours unless an emergency exists, Tenant has abandoned or surrendered the leased premises, or Tenant consents, at the time of an entry that is not during normal business hours, to the entry. 13.00 Locks and Keys. Tenant may not change or add any lock to the leased premises without obtaining Landlord's prior written consent and without providing Landlord with a key to the changed or added lock. 14.00 Assignment and Subletting. Tenant may not assign this lease or sublet all or any portion of the leased premises, with- out the prior written consent of Landlord. The consent of Landlord to any one assignment or subletting shall not be deemed to be consent by Landlord to any subsequent assignment or subletting. Any assignment or subletting without Landlord's prior written consent shall be void and shall, at Landlord's option, terminate this lease. 15.00 Default by Tenant. Landlord and Tenant agree that every condition, covenant, and provision of this lease is material and reasonable. Any breach by Tenant of a condition, covenant, or provision of this lease will constitute a material breach. For any material breach by Tenant, Landlord may provide Tenant with a written three-day notice that describes the breach and demands that Tenant cure the default (if a cure is possible). If Tenant does not cure the default within the three days, or if a cure is not possible, this lease will be terminated. Termination of this lease for a breach by Tenant will not occur unless the events described in this paragraph occur. page 68 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 151 of 161 16.00 Name and Address of Owner. The owner of the leased premises is . Owner's usual street address and phone number is to manage the leased premises is The person who is authorized His or her mailing address and phone number is 17.00 Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or per- mitted by this lease or by law to be served on or given to either party to this lease by the other party shall be in writing and shall be deemed to be served when personally delivered to the party to whom the notice is directed or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Tenant at St., Santa Cruz, CA 95 , or to Landlord at . Either party to this lease may change their address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. 18.00 Waiver. The waiver by Landlord of any breach by Tenant of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or of another provision of this lease. Landlord's acceptance of rent following a breach by Tenant of any provision of this lease, with or without Landlord's knowl- edge of the breach, will not be deemed to be a waiver of Landlord's right to enforce any provision of this lease. 19.00 Attorneys' Fees. If any legal action or proceeding arising out of or relating to this lease is brought by either party to this lease, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 20.00 Binding on Heirs and Successors. This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Landlord and Tenant; provided, however, that nothing in this paragraph shall be construed as a consent by Landlord to any assignment of this lease or any interest in it by Tenant. 21.00 Time of Essence. Time is expressly declared to be of the essence in this lease. 22.00 Sole and Only Agreement. This instrument is the full, complete, sole, final, and exclusive agreement of the parties concerning the matters covered by this Agreement and the rights granted and duties undertaken as between the parties. There is no other agreement between the parties respecting the subject matter of this Agreement or the rights, duties, promises, and undertakings of the parties. Any statement, representation, promise, or undertaking made prior to or contemporaneously with the execution of this Agreement shall be void and of no effect, or to be held to have merged or been superseded by the terms and conditions of this Agreement. Any statement, promise, or representation made to or by any party, or made to or by an page 69 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 152 of 161 employee, attorney, servant, agent or representative of any party, respecting the matters set forth in this Agreement shall not be valid or binding as to these parties unless it is specifically contained in this Agreement. Any oral representation, modifica- tion, or change concerning this Agreement, or the terms or conditions of this Agreement, shall be of no force and effect, except for a subsequent modification being reduced to writing and signed by the parties to this Agreement. Executed on , 20_, at Santa Cruz, Santa Cruz County, California. By: LANDLORD By: TENANT Exhibit "A" Inspection Checklist page 70 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 153 of 161 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 154 of 161 Acknowledgements The ADU Manual and Prototype designs are the result of a partnership between the City of Santa Cruz, the California Pollution Control Financing Authority, and the community. Prototype designs were presented and discussed at five community workshops that were taped and edited for broadcast on Santa Cruz's community access channel. City Council Mayor Emily Reilly Vice Mayor Scott Kennedy Councilmember Tim Fitzmaurice Councilmember Cynthia Mathews Councilmember Ed Porter Councilmember Mark Primack Councilmember Mike Rotkin Planning Commission Myrna Britton, Chair Scott Daly David Foster Kaitilin Gaffney Diane Louie Deanna Purnell William Schultz City Staff Gene Amer, Planning and Community Development Director Carol Berg, Housing and Community Development Manager Norm Daly, Housing Programs Coordinator Richard Stubendorff, Chief Building Official Mary Alsip, Associate Planner Community Television of Santa Cruz Peter McGettigan ADU Manual and Workshop Facilitation Assistance Bruce A. Race, FATA, ATCP RACESTUDIO ADU Prototype Architects David Baker + Partners, Architects Boone/Low Architects and Planners CCS Architecture Peterson Architects Mark Primack Architect Eve Reynolds Architect SixEight Design ADU Prototype Engineer Mesiti-Miller Engineering, Inc. Funding Assistance California Pollution Control Financing Authority Sustainable Communities Grant Program page 72 Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 155 of 161 Garner, Andrew From: Matt Hoffman <matt@mbl-arch.com> Sent: Wednesday, February 24, 2016 2:50 PM To: Garner, Andrew Subject: ADU area changes Andrew, I just wanted to send you some quick thoughts on the accessory dwelling unit ordinance changes. 1.I don't think the allowed area should be a function of the existing house, as this disadvantages property owners who have small houses. Instead, If anything it should be a function of the size of the lot. If you said that 1000sf was a reasonable size to shoot for, and assume a 1/4 acre lot is typical, that would suggest that 10% of the total lot area might be a good place to start. 2.Another approach I'd like to take would be a straight footprint regulation. Allowing an 800sf footprint and a maximum of two stories regardless of if there's a garage underneath or not. 3. You could also combine these two types of regulation and say that the applicant is entitled to an 800sf footprint, or a certain percentage of the buildable area, whichever is larger. This allows people with large lots to take advantage of their space, while also ensuring that people with small lots won't be restricted to an unrealistic number based on their smaller area. 4. We should remove restrictions on the number of bedrooms. Not that I don't understand the intent here, it's just that I don't think we should have regulations that we can't realistically enforce. Plus, I don't think it's really our business how people use their space. hopefully this helps, thanks, Matt Hoffman, Assoc. AIA Miller Boskus Lack Architects, P.A, 2397 N Green Acres Rd Fayetteville, Arkansas 72703 p.479.443.7121 f.479 443 7139 2m.mbl-arch.com Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 156 of 161 Garner, Andrew From: Tom <dogl3gregg@aol.com> Sent: Friday, February 26, 2016 2:02 PM To: Garner, Andrew Subject: Potential Provisions to Regulate Accessory Dwelling Unit Size Attachments: Accessory Dwelling Units.docx Andrew I checked several sources to see how they dealt with the issue of regulating the size of Accessory Dwelling Units (ADU). I thought this might be useful when we discussed making potential changes to our current ordinance language. After looking at a larger list of regulatory sources, I selected six (see attachment) that I felt illustrated the range of approaches I found to deal with regulating ADU size. I personally liked the ordinance language presented in the Sacramento County Zoning Code. I liked that the maximum size varied by lot size, that a conditional use could be sought if the ADU did not fit the range of maximums and that it identified an overall maximum size permitted. Of course we will still need to modify the "numbers" to meet Fayetteville's particular conditions and needs. Please pass the attachment on to the other Commissioners if you feel it might be helpful. Tom Brown Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch 164.19 Amend. Page 157 of 161 Potential Provisions to Regulate Accessory Dwelling Unit Size Sacramento County Zoning Code Section 5.4.5.13, C, and D Lot Area and Maximum Floor Area. Minimum of 5,200 Sq. Ft. per lot. The maximum accessory dwelling size is based on the size of the lot. Lot Size Maximum Permitted ADU Size 5,200 — 8,500 Sq. Ft. 400 Sq. Ft. 8,501 — 10,000 Sq. Ft. 500 Sq. Ft. >10,000 Sq. Ft. 600 Sq. Ft. If the proposed ADU is not consistent with these size standards, a Conditional Use Permit will be required. An ADU may not exceed 1,200 Sq. Ft. in size. http://www. er.saccounty.netlap licants/Pages/ResAccessoryDweIlin,Regs.aspx City of Golden Colorado Municipal Code Chapter 18.28.240 Unit bite and Coilfigiii-atioii, Except as itio€bfi(.- i ill stib-section a herein, liar a pri.ilc•ipal clwelliiig uli.it ol' 1000 square feet or ilioi-c• of livili space, the :lecessol-y clivelliiig unit shall be no larger ihaii 01 ol' the liNiiig specs ol' s€ich ptincipal chirelling unit, or 800 square lest, NN-1iic1icN-ei- is silittller. for �i 1�i iiicilril €li�ellili-, unit of lass tlia11 I00(� square feet of' living space. the iwcessory (Evelliii ; unit shall be iio 1<ii;gc i- tliaii 500 scluair feet. t rilit Size loll. 'I'lle Dii c- for accessory €hdc•11ii g imit tliat is ill) to 20% hii-Iger tli;iii othel-wise allowecl it it is locitWld withiii the piiiwilial stilictcil-e, lii-oN-iclecl tllat all caller i'ec,iureilleiits of Secticul 18.28.2 10 1mve been iiiet aiitl it sloes iiot conflict with wily oilier it€luil-eilielit of this title. http://www.cityu(goldeii.ilet/city-sei-vices/accessoa4v-dwelling-units/ Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 158 of 161 A Model State Act and Local Ordinance AARP / Public Policy Institute/APA ADU Building Standards - Size. Note: This section deals with a number of issues related to the size of the ADU. The intentions of communities in setting size limitations are commonly to require the ADU to be subordinate to the principal dwelling unit, to control neighborhood density, and to control visual impacts. The standards of this section ,set minimums on the ADU square footage and rnuLrimurns on they total square footage and number of bedrooms of the ADU. A common minimum size requirement for an ADU is 300 square feet; a frequent maximum on number of bedrooms is two; anti the maximum size for ADUs falls in the range of 600 to 1,200 square feet, with 800 square feet occurring most often as a maximum size (APA 1996). This model local ordinance does not directly require the ADU to be subordinate to the principal. unit but does so indirectly by setting the maximum floor space of the ADU as a percentage of the living area of the principal unit. Advocates for ADU.s point out that less affluent homeowners in .smaller houses tray not quaalify to build an ADU if tfu�ir house is too small (MRSCW 1995, 30). Fier example, if the ADU may not be lamer than 30 percent of the living area vjthe principal unit but mars not be smaller than 300 square feet, €t homeowner with a living area of only 900 square feet could not have can ADU (270 square feet is 30 percent of 900 square feet and less than the 7ninitnum required size of 300 square feet). For this reason, the fravorable and minimal provisions, below raise the ntaainmm percentage to 40 percent oj'th.e living space of the principal unit. Such a maximunt percentage is not unusual (APA 1996). Communities wanting to be more strict than the minimal option, can change the percentage after determining that greater limitations are needed to protect the public interest. The maxin u n size of an ADU in the optimal provision is 1,200 square feet and 800 square feet in the minimal provision. (The maximum ADU sizes allowed in a recent survey of 30 ADU orclin;~cances was 1,200 square feet [APA 19961.) No alternative is listed as they optimal option. Size can be limited by other regulations. The Uniform Building Code (Sections 1207 and 1208). for example, contains a minimum .size for ef/ ciency units. Similarly, tot coverage maxitt ants and minimum tot sizes limit the size of accessory cottages. He=alth codes can also limit the number of bedrooms in an ADU. Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164 19 Amend. Page 159 of 161 [Favorable provision] In no case shall an ADU be more than 40 percent of the living area of a principal dwelling unit, nor more than 1,200 square feet, nor less than 300 square feet, nor have more than two bedrooms (adapted from WOOD 1994, Section A.il.). [Minimal provision] In no case shall an ADU be more than 40 percent of the living area of a principal dwelling unit, nor more than 800 square feet, nor less than 300 square feet, nor have more than two bedrooms (adapted from WOOD 1994, Section A.8.). http://assets.aarp.org/rgcenter/consume/dl7l58 dwell.pdf City of Portland Oregon / Bureau of Development Services B. Size Allowances. 1. General. The maximum size of an ADU may be no more than 75% of the living area of the house or 800 square feet, whichever is less. Living area is calculated by excluding the following areas from the overall gross building area: a. The thickness of the exteriorwalls; b. Garage areas; c. Basement areas where the ceiling height measured from the floor is less than 6 feet 8 inches; and d. Any other building areas where the floor to ceiling height is either less than 5 feet, or areas not accessible by a stairway. For example, if an existing house has 1,000 square feet of living area after subtracting all spaces described above, the ADU size is limited to 750 square feet. For a house that has 2,500 square feet of living area, 75% of the floor area would be 1,875 square feet. In this case, however, the ADU size is limited to no more than 800 square feet. https://www.portlandoregon.gov/bds/article/68689 City of Boulder Colorado Planning and Development Services Center (ii) The accessory dwelling unit is a minimum of 300 square feet, and does not exceed one-third of the total floor area of the principal structure, unless a variance is granted pursuant to Section 9-2-3, "Variances and Interpretations," B. R.C. 1981, or 1,000 square feet, whichever is less. https://www-static.bouldercolorado.gov/does/103 adu attachment-1- 201305080946. pdf City of Bentonville Arkansas ARTICLE 601 USE REGULATIONS ACCESSORY DWELLING UNITS (ADUs). F. Size. An ADU shall be no larger than 40% of the livable floor area of the primary structure, shall not exceed 800 square feet in size and shall not have Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 160 of 161 more than two bedrooms. Except that ADU's in the A-1 and RE district may be allowed up to 1,000 square feet in size. httLllyvww.bentonvillear.com/assets/planning fileslZQN 06 ART 601 Supp Re gulations (08-27-13).pdf Planning Commission March 14, 2016 Agenda Item 7b 16-5340 Ch. 164.19 Amend. Page 161 of 161 RECEIVED NORTHWEST ARKANSAS APR 2 7 2016 Demo=CITY CLERK'S OFFICE L.2"..1601i.-t, FETI_'1 -,tt 72702 - 47G,'v'2 v F _`X 47c�-639s-'?6 Iw' C..... JiS. AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord 5866 Was inserted in the Regular Editions on: April 14, 2016 Publication Cost: $ 188.50 Cathy Wiles Subscribed and sworn to before me This 'Z-sday ofpv 1, 2016. l Notary Public My Commission Expires: ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025 **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 5866 File Number: 2016-0151 ADM 16-5340 (UDC CHAPTER 164.19 AMENDMENTS): AN ORDINANCE TO AMEND THE DEFINITION OF ACCESSORY DWELLING UNIT IN § 151.01 AND TO AMEND PORTIONS OF § 164.19 ACCESSORY DWELLING UNITS TO REMOVE LOT SIZE REQUIREMENTS, INCREASE THE ALLOWED SIZE FROM 600 SQUARE FEET TO 950 SQUARE FEET AND MAKE OTHER CHANGES WHEREAS, Alderman Matthew Petty worked with Planning Staff to make changes to § 164,19 Accessory Dwelling Units to eliminate lot size requirements and allow these houses increase in size; and WHEREAS, the Planning Commission recommended a further size increase to 950 square feet from the existing 600 square feet current limit and recommended the other changes supported by Planning Staff and Alderman Petty. 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 the current definition of Accessory Dwelling Unit in its entirety and enacting a replacement definition as shown below: "Accessory Dwelling unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.19 Accessory Dwelling Units (ADD) of the Unified Development Code in the following ways: (1) Repeal in its entirety (B) (3) and renumber remaining subsections. (2) Repeal in its entirety (C) and re -letter remaining subsections. (3) Amend (D) (1) by repealing its first sentence and enacting the following as the new (C) (1)'s first sentence: "The accessory dwelling unit shall not be greater than 950 square feet of habitable space." (4) Repeal in its entirety (D) (2) and enact the following as (C) (2): "(2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density limits." (5) Amend (D) (7) by replacing "shall" with "should" and adding "if so" in front of "shall be metered separately from the principal residence." (6) Amend (D) (8) by adding the following sentence: "A resident of one of the two dwelling units must provide proof of ownership if requested by the Planning Division." (7) Repeal (D) (10) in its entirety and renumber the remaining sections. (8) Amend (E)'s introductory words by repealing the current wording and replacing it as follows: "(D) Site Plan Requirements. Detailed site plans are required to be submitted for review with the following information:" (9) Amend (G) which has been re -lettered to (F) by repealing the second to last sentence. (10) Amend (H) (1) which has been re -lettered to (G) (1) by repealing its last sentence. PASSED and APPROVED on 4/5/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73655873 April 14,2016