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HomeMy WebLinkAboutORDINANCE 5921113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5921 File Number: 2016-0462 AMEND CHAPTERS 161, 162, AND 164: AN ORDINANCE TO AMEND CHAPTERS 161 AND 162 TO RENAME AND REPLACE "COTTAGE HOUSING DEVELOPMENT" WITH "CLUSTER HOUSING DEVELOPMENT'; TO RENAME CHAPTER 164 TO SUPPLEMENTARY ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REQUIREMENTS, TO REPLACE § 164.22 COTTAGE HOUSING DEVELOPMENT WITH § 164.22 CLUSTER HOUSING DEVELOPMENT AND MAKE FURTHER AMENDMENTS TO § 164.22. WHEREAS, many regulations within Chapter 164 Supplemental Zoning Regulations are in reality development type regulations and should be administered as development regulations rather than zoning regulations; and WHEREAS, several existing regulations within § 164.22 Cottage Housing Development need to be amended to promote rather than retard use of the Cluster Housing concept for attractive, but affordable clustered houses. 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 Chapter 161 Zoning Regulations of the Unified Development Code to change the name of Use Unit 44 "Cottage Housing Development" to "Cluster Housing Development" throughout this Chapter. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 by removing and deleting the last sentence referring to an asterisk from the introductory language and by renaming Use Unit 44 as "Cluster Housing Development" in the initial table listing all Use Units. Page 1 Printed on 1112116 Ordinance: 5921 File Number: 2016-0462 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby replaces the term Cottage Housing Development with Cluster Housing Development throughout § 162.01 (RR). Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 164 of the Unified Development Code by changing its name to Supplemental Zoning Regulations and Specialized Development Regulations and enacting a Purpose section as shown below: "§ 164.00 Purpose (A) The purpose of this chapter is to protect and further the health, safety and general welfare of the citizens of Fayetteville by providing appropriate zoning and development regulations to provide opportunities for innovative development while protecting neighboring properties and neighborhoods from incompatible development. (B) Regulations within this chapter that regulate traditional zoning requirements such as density, setbacks, bulk and area, maximum buildable area, height of structures, lot width, etc. shall be administered as all other zoning regulations. Regulations within this chapter that regulate traditional development requirements such as type of foundation, minimum building width, building design requirements, open space requirements, parking requirements, internal separation requirements, orientation requirements, etc. shall be administered as all other development regulations." Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.22 Cottage Housing Development in its entirety and enacts a replacement § 164.22 Cluster Housing Development as shown on Exhibit A. PASSED and APPROVED on 11/l/2016 ..p/rye Attest: r�'.r,j'••, kAN� •. :�� ��,. 111111110 Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 1112116 ADM 16-5430 (Cluster Housing) Exhibit "A" 164.22 - Cluster Housing Development (A) Purpose. The purpose of the cluster housing development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide housing opportunities for a population diverse in age, income and household size. (B) Applicability. The provisions of this section shall apply to proposed cluster housing development proposals, as defined in Chapter 162: Use Units and authorized by Chapter 161: Zoning Regulations of the Unified Development Code, however zoning and development regulations such as density, bulk and area, building area, street frontage requirements, lot splits and other standards for cluster housing development are enforced subject to the criteria adopted in this chapter. (C) Development Review Process. For the purpose of development review, cluster housing developments less than one acre shall be processed as a Site Improvement Plan. Cluster housing development on lots one acre or larger shall be processed as a Large Scale Development. If individual cluster housing unit lots are created the cluster housing development shall be processed through the subdivision platting process. (D) Dwellings Permitted. (1) Number of Cluster Housing Units Permitted. A cluster housing development shall contain a maximum of 12 dwelling units. In multi -family zones where the proposed cluster housing development exceeds the minimum open space requirements of 164.22(G)(3)(a) by at least 20%, and in which at least 75% of the planned units are attached dwellings, there shall be no maximum number of dwelling units, except to conform to the density limitations herein. (2) Existing Nonconforming Structures. On a lot to be used for a cluster housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cluster density. (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (1) Permitted and Conditional Use. Cluster housing development is permitted as identified in Ch. 161, Zoning Regulations, as a permitted or conditional use. (2) Density. Cluster housing development permitted as a use by right shall be allowed a density in conformance with the underlying zoning district. Zoning districts that allow cluster housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. (3) Bulk and Area Regulations. (a) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots. (b) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet. (c) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. (4) Setback Requirements. All structures shall meet setback and separation requirements of the International Building Code, as applicable. For zoning purposes: (a) In single family districts, all cluster housing units shall have a minimum separation from one another of ten feet measured from exterior wall to exterior wall, not counting eaves or other architectural projections. (b) In multi -family districts, there are no separation requirements from one cluster housing structure to another. Page 1 ADM 16-5430 (Cluster Housing) Exhibit "A" (c) The setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (5) Building Height Regulations. The height for all structures in a cluster housing development shall not exceed the permitted height requirement of the underlying zoning district. (6) Building Area. None. (7) Accessory Dwelling Units. Accessory dwelling units are not permitted in cluster housing developments. (F) Common Property Maintenance. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cluster housing development residents, through a condominium association, a homeowners' association or a similar mechanism, and shall not be dedicated to the city unless accepted by the City Council. (G) Development Standards. All cluster housing developments are subject to the following standards: (1) Floor Area. The total conditioned floor area of any individual cluster housing unit shall not exceed 2500 square feet. (2) Building Orientation. A minimum of 75 percent of dwelling units in a cluster housing development shall be oriented around and face the common open space, a public trail or towards the street, having pedestrian access to the common open space and the street. Where a cluster housing unit fronts onto a public trail, the facade facing the public trail shall be considered a principal facade for the purposes of meeting design standards. (3) Open Space. (a) For units up to 1500 square feet, a minimum of 250 square feet of common open space shall be provided per unit. For units exceeding 1500 square feet and up to 2000 square feet, 500 square feet of common open space shall be required per unit. For units exceeding 2000 square feet, 750 square feet of common open space shall be required per unit. Common open space is subject to the following performance criteria: (i) No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 10 feet. (ii) Required common open space shall be divided into no more than two separate areas per cluster of dwelling units. (iii) Common open space shall be improved for passive or active recreational use, garden/food production, social gathering spaces or landscaped areas. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, plazas or gardens. A detailed site plan of the common open space depicting the design and amenities of the space shall be reviewed with the site plan for approval. (iv) Amenities such as permanent or movable seating, landscaping, trails and paths, barbeque or eating facilities, covered shelters or water features shall be included within the common open space. Low Impact Development stormwater management facilities may be placed within the common open space when they are integrated with the amenities listed above. (b) Each cluster housing unit shall be provided with a private open space of 250 square feet with no dimension of less than 10 feet. Private open space should be contiguous to each dwelling unit, for the exclusive use of each respective resident. In multi -family zones in which at least 75% of the planned units are attached dwellings, private open space shall not be required where the development exceeds the minimum open space requirements of (G)(3)(a) by at least 20% and it can be demonstrated that each unit has easily available access to open space amenities. (c) Parking areas and driveways shall not be counted as open space. Page 2 ADM 16-5430 (Cluster Housing) Exhibit "A" (4) Fences. Fencing located between a cluster housing unit and a public street or trail or the common open space shall not exceed 48 inches in height. (5) Parking Requirements and Standards. Parking areas should be located within the cluster housing development in such a way as to maintain the character along the public street and to minimize the noise and light impacts on private residences and public spaces. Reductions in parking space allowances are permitted in cluster housing developments as described in Chapter 172: Parking and Loading. Permitted on -street parking spaces adjacent to a project's frontage may count towards the parking requirements of the development. Parking standards for cluster housing developments shall be as follows: (a) The owner/developer may choose to supply one parking space per bedroom for his or her entire Cluster Housing Development. Otherwise, the required number of parking spaces shall be determined according to the square footage of the cluster housing unit as described below: (i) Dwelling units less than 1,000 square feet shall have one and one-half (1.5) parking spaces provided. (ii) Dwelling units over 1,000 sq. ft. shall have two (2) parking spaces provided. (b) Shared covered parking shall be designed to be similar and compatible to the design, materials and roof pitches used for the cluster housing units. (6) Cluster housing developments shall provide at least one bicycle parking rack per cluster housing unit. (7) Fire Department Access. Fire Department access shall be determined at the time of development review. (8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. (9) Utilities. Individual cluster housing lots shall have a unique connection to the main water and sewer lines. Main water and sewer lines on private property servicing cluster housing unit developments shall be located in a dedicated easement. (10) Community Buildings. Indoor or covered common areas less than 2,000 square feet are permitted by right in cluster housing development. These structures shall be architecturally integrated with the architectural style of the cluster housing development. (11) Recycling and Trash Collection Service. For the purposes of recycling and trash collection cluster housing developments are considered a residential use and should receive residential recycling and trash collection service (individual carts and recycling bins) where possible. In certain instances, it may be necessary to service cluster housing developments with commercial trash collection equipment (dumpsters). This may occur when a project is located in a predominately commercial area serviced by commercial trash pickup. It is incumbent on the developer to design recycling and trash collection facilities into the cluster housing development plan early in the process. The final determination of recycling and trash collection service and pick-up areas will be made at the time of development review by the City. Specific requirements for residential and commercial trash and recycling pick-up shall be as follows: (a) Residential trash and recycling collection service requires a designated location near the street curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the designated pick-up day. If this location is also used for on -street parking it shall be clearly marked and a sign posted restricting use for the designated pick-up day. An appropriate linear distance is required to accommodate each cluster housing unit's trash cart and recycling bin, subject to City approval. (b) Commercial trash collection service requires a dumpster location that is freely accessible for front end loading and screened from public view. Page 3 ADM 16-5430 (Cluster Housing) Exhibit "A" (c) Recycling and trash facilities shall be located behind the front building setback line and shall be screened from the right-of-way and adjacent property owners by either architectural treatments or vegetative screening. (H) Building Design Standards. (1) Variety in Detached Cluster Housing Units Floor Plans and Architectural Treatments. These standards are intended to avoid the overly repetitive use of the same building design, structural features, detailing or finishes among detached units within the cluster housing development. In cluster housing developments no two (2) structures shall be identical in terms of exterior finishes. All cluster housing units shall differ from each other by utilizing at least two (2) of the following options: (a) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color; (b) Variations in adjacent cluster housing unit floor plans that alter the location of exterior windows and doors; (c) Variations in the size of main floor area and/or building height of adjacent structures; or (d) A front porch with a minimum width no less than 50% of the front building facade. Front porches shall have a minimum depth of 6 feet. No structurally identical front porches shall be located on adjacent cluster housing units. (e) Variations in roof shapes or gables between adjacent structures. (f) Other variations as approved by the Zoning and Development Administrator. (2) All attached cluster housing units shall comply with §166.23 Urban Residential Design Standards. Where a cluster housing unit fronts onto a public trail or open space, the facade facing the public trail or open space shall be considered a principal facade, for the purposes of meeting this section. (1) Variances from the minimum cluster housing development requirements. Variances of this section, Cluster Housing Development, shall be administered as normal development regulations for variances of General Design Standards, except that (E) Zoning Regulations shall be administered as zoning regulations for variance purposes. Page 4 City, of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 jj Text File File Number: 2016-0462 Agenda Date: 11/1/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 4 AMEND CHAPTERS 161, 162, AND 164: AN ORDINANCE TO AMEND CHAPTERS 161 AND 162 TO RENAME AND REPLACE "COTTAGE HOUSING DEVELOPMENT" WITH "CLUSTER HOUSING DEVELOPMENT"; TO RENAME CHAPTER 164 TO SUPPLEMENTARY ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REQUIREMENTS, TO REPLACE § 164.22 COTTAGE HOUSING DEVELOPMENT WITH § 164.22 CLUSTER HOUSING DEVELOPMENT AND MAKE FURTHER AMENDMENTS TO § 164.22 (LEFT ON THE FIRST READING) WHEREAS, many regulations within Chapter 164 Supplemental Zoning Regulations are in reality development type regulations and should be administered as development regulations rather than zoning regulations; and WHEREAS, several existing regulations within § 164.22 Cottage Housing Development need to be amended to promote rather than retard use of the Cluster Housing concept for attractive, but affordable clustered houses. 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 Chapter 161 Zoning Regulations of the Unified Development Code to change the name of Use Unit 44 "Cottage Housing Development" to "Cluster Housing Development" throughout this Chapter. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 by removing and deleting the last sentence referring to an asterisk from the introductory language and by renaming Use Unit 44 as "Cluster Housing Development" in the initial table listing all Use Units. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby replaces the term Cottage Housing Development with Cluster Housing Development throughout § 162.01 (RR). Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 164 of the Unified Development Code by changing its name to Supplemental Zoning Regulations and Specialized Development Regulations and enacting a Purpose section as shown below: City of Fayetteville, Arkansas Page 1 Printed on 111212016 File Number: 2016-0462 "§ 164.00 Purpose (A) The purpose of this chapter is to protect and further the health, safety and general welfare of the citizens of Fayetteville by providing appropriate zoning and development regulations to provide opportunities for innovative development while protecting neighboring properties and neighborhoods from incompatible development. (B) Regulations within this chapter that regulate traditional zoning requirements such as density, setbacks, bulk and area, maximum buildable area, height of structures, lot width, etc. shall be administered as all other zoning regulations. Regulations within this chapter that regulate traditional development requirements such as type of foundation, minimum building width, building design requirements, open space requirements, parking requirements, internal separation requirements, orientation requirements, etc. shall be administered as all other development regulations." Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.22 Cottage Housing Development in its entirety and enacts a replacement § 164.22 Cluster Housing Development as shown on Exhibit A. City of Fayetteville, Arkansas Page 2 Printed on 111212016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0462 I-egistar File ID 11/18/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/30/2016 Development Services / Development Services Department Submitted Date Division / Department Action Recommendation: An ordinance to amend the Unified Development Code Chapters 161, 162, and 164 in order to replace Cottage Housing Development standards with Cluster Housing Development standards. Budget Impact: Account Number Project Number Budgeted Item? No Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Approval Date: CITY OF i T e er e ARKANSAS TO: THRU: FROM: DATE: CITY COUNCIL AGENDA MEMO Mayor and City Council Jeremy Pate Matthew Petty, Ward 2 Alderman ApFil 29 2UPDATED TED 5118 16 UPDATED 9/30/2016 SUBJECT: Ordinance No. . An ordinance to rename Chapter 164 to SUPPLEMENTARY ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REQUIREMENTS and to amend § 164.22 COTTAGE HOUSING DEVELOPMENT. BACKGROUND: Cottage courts are a type of single-family housing that arranges homes around a central open space. The design of the central court and its intended use vary and there are examples of yards, vegetable or botanical gardens, boardwalks, and artful stormwater facilities. In addition to the common open space, cottage courts differ from standard single-family arrangements in that residents of courts also share a driveway and parking areas. Townhouse courts are a multifamily variant, with attached buildings arranged in a similar manner. Fayetteville adopted its Cottage Housing Development code in December 2011 to encourage development of courts. No cottage court has been constructed under the current ordinance. Reviewed by the Planning Commission twice, it was ultimately passed by the Commission in the summer of 2016. In the following months, the ordinance was further revised with input from staff. The proposed ordinance now includes objective standards for the common open space, allows developments with attached housing to be subdivided into lots for fee -simple sales, and permits new lots to be created when they have frontage on multi -use trails. The flexibility introduced by the proposal will allow developers to cluster housing in any zone using a wide variety of building and unit types. Clustered housing gives developers the ability to conserve environmentally sensitive areas without reducing the total number of units or resorting to condominium models. Reflecting these changes, the term 'cottage housing' has been replaced with 'cluster housing' throughout the ordinance. DISCUSSION: Despite no cottage courts yet constructed, the structure of the existing ordinance is generally sound. Its flexibility in allowing for the creation of fee -simple lots or entitlement as a single site improvement is an innovation that should be replicated in other cities. However, the current code contains unnecessary provisions which create substantial barriers to clustered housing developments. Mailing Address: 113 W. Mountain Street www,tayettevilie-ar.gov Fayetteville, AR 72701 Proposed changes include: 1. Eliminate the minimum number of units. The current code requires a minimum of four units, however courtyard arrangements of three and even two homes are possible. Such arrangements provide housing in a format sometimes preferable to attached duplexes and triplexes. 2. Strike the requirement to separate individual cluster housing developments by 1000'. The underlying assumption that cottage courts negatively impact the quality of life within single- family neighborhoods is subjective and appropriately addressed in the consideration of an application for a Conditional Use Permit. 3. Redefine the required separation distance between detached units. The current regulation requires detached units to be separated by 10' as measured from one eave to the other. This discourages traditional roof forms. The separation distance of 10' is derived from the requirement that each home have a private open space of 250 square feet, which is commonly achieved by providing a 10' separation and a lot depth of at least 25'. Measuring the separation distance from one wall to another preserves this approach while levelling incentives to choose one architectural style over another. Building separations and how they relate to requirements for fire -rated wall assemblies are still enforced through the International Building Code and International Residential Code. 4. Raise the cap on unit size. The current code does not allow any unit to be constructed with more than 1,100 square feet of conditioned space. Raising this cap goes directly to the stated purpose of the code, which is to "...provide opportunities for ownership of detached single-family dwellings for a population diverse in age, income, and household size." The maximum unit size is proposed to be 2500 square feet, which can be varied by the Planning Commission. The common open space required for each unit is amended to a slide scale, with larger units requiring more open space. 5. Increase the number of allowed houses which do not front onto open space or a street. The code only allows for one house to be located where it does not front onto the common space or the street. Typically, such a unit is located in the corner of a courtyard arrangement. The proposed change would require 75% of the units to have frontage on the street, the open space, or a trail. 6. Include walkways which traverse the common open space Only one of the circled Douses towards that requirement. The language of the current code could be constructed under the does not allow walkways to be counted towards the open current code space requirement, regardless of their materiality or integration with the design of the open space. This goes against well -established precedents and discourages turf alternatives. 7. Clarifythat variances in general are decided by the Planning Commission. The City Attorney noticed that current law may require all variances from the requirements of Chapter 164 to be considered by the Board Adjustments. This was not originally intended. The ordinance renames the Chapter and adds language which distinguishes between COTTAGE HOUSING DEVELOPMENT AMENDMENTS supplementary zoning regulations and specialized development regulations, clarifying that development regulations contained in the chapter are to be handled in the same manner as variances of development regulations in other parts of the Unified Development Code. 8. (Requested by the Planning Commission.) Remove the miniMLJM lot size requirement. The Planning Commission requested the minimum lot size be eliminated. This restriction should be eliminated for multifamily districts for consistency. Within single-family districts, it is acceptable because Cottage Housing Developments are processed as Conditional Use Permits (Requested by the Planning Commission.) Allow an applicant to choose the multifamily parking standard. For cottage housing developments proposed with a majority of 1- bedroom houses, the multifamily parking standard is proportional to the parking needs of the inhabitants. For proposals composed of larger homes, the existing standard is the better one. This ordinance would allow a developer to choose which standard the project must meet at the time of their application. The same standard must be applied throughout the project. 10. 'Eliminate the= requirement that attached units in rnultifarnily districts have private open space if certain conditions are met. There are numerous precedents of townhouse and apartment courts which have common open space of sufficient quality that private open space is not necessary. This proposal would allow developments which provide more common open space than is required to waive their requirement for private open space. 11. Allow units to be created with trail frontage. Trail -oriented housing is in high demand due to the success of the trail system and the quality of life it provides to nearby residents. Currently there is no legal way for units to be developed which front onto the trail. This proposal would allow such units and parcels to be created when other units in a cluster housing development already develop street frontage. BUDGET/STAFF IMPACT: Budget: none. COTTAGE HOUSING OEVELOPMENT AKAENDIVIENTS 3 - 3 CITY OF 7ay01 Tj v 111C ARKANSAS MEETING OF OCTOBER 18, 2016 TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Jeremy Pate, Development Services Directorj- DATE: September 30, 2016 SUBJECT: ADM 16-5430, Cluster Housing Development RECOMMENDATION: Staff recommends the City Council consider amendments to the Cottage Housing Development ordinance, replacing 164.22 with new standards for Cluster Housing Developmenta and amending Ch. 161, 162 and 164 as discussed below. BACKGROUND: Earlier this year, Alderman Matthew Petty brought forward a proposal to amend several sections of the Cottage Housing ordinance, §164.22. This request was reviewed at the Planning Commission meeting of May 09 and May 23, where several changes were ultimately recommended. Staff expressed concerns with several of these changes, finding some ran counter to the original intent of the cottage housing ordinance and could result in unintentional negative impact to surrounding properties if developed with the recommended standards. Over the past few months, staff and Alderman Petty have discussed various ways to address these concerns, making several modifications to create the most productive ordinance language possible. DISCUSSION: Three code sections need to be amended to enact the requested changes: Chapter 161, Zoning Regulations, Chapter 162 Use Units and Chapter 164, Supplementary Zoning Regulations. Following is a bullet point summary list of the changes: Ch. 161 Zoning Regulations • All zoning districts that refer to Use Unit 44 "Cottage Housing Development" as a use by right or conditional use are amended to refer to Use Unit 44 "Cluster Housing Development" Ch. 162 Use Units • 162.01, Replace references to "Cottage Housing Development" with "Cluster Housing Development' in all locations (Use Unit 44, (RR)) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Ch. 164 Supplementary District Regulations • Rename chapter to "Supplementary Zoning Regulations and Specialized Development Regulations," to clarity this chapter deals with both zoning and development matters outside of the norm • Add a purpose statement (164.00) to further clarify the above difference between zoning and development regulations within the same chapter, which is an important distinction when it comes to a variance request (development matters go to Planning Commission, zoning matters go to Board of Adjustment) • 164.22 Cottage Housing Development — Changed the name to Cluster Housing Development primarily because the significant requested changes in the size limits, number, and scale of the projects that could occur would no longer be just cottages • (A) Purpose o removed reference to single family; multi -family cluster housing would be permitted • (D) Dwellings Permitted o removed the minimum of 4 cottages o removed the minimum'/2 acre lot size requirement; o kept a maximum of 12 dwellings, but if certain conditions are met, an unlimited number would be permitted, until density limits are met o removed the 1000 feet separation between cluster housing developments • (E) Zoning Regulations o Reformatted to mirror standard zoning district criteria o Amended to measure setbacks from exterior wall to wall, rather than eaves o Removed structure separation requirements for cluster housing in multi -family districts • (F) Common Property Maintenance o Added a phrase to allow the City Council to accept ownership and maintenance of common open space areas in these developments, if the Council chooses to do so. • (G) Development Standards Size, orientation o Amended maximum floor area for any dwelling from 1100 SF to 2500 SF o Removed all other size restrictions from this code section o Amended to reduce number of dwellings that must face a street, open space or public trail to 75% of the dwellings o Added public trail frontage as an option for a dwelling Open Space o With the maximum size of a dwelling being increased from 1100 SF to 2500 SF, created a sliding scale of open space required to dwelling size o Add performance criteria for common open spaces (i.e., improved active/passive space, courtyards, gardens, amenities such as LID facilities, seating, orchards, water features, etc.) o Replaced requirement that open space must be in one contiguous parcel to be no more than two separate parcels o Added a provision in the private open space required for each dwelling that exempts a development from being required to provide this type of space, in exchange for 20% additional common open space. o Amended to allow pedestrian access ways to count as open space. Fences o Added public trail frontage to fence height restriction and removed subjective language about fencing being respectful of surrounding context, etc. Parking o Amended to allow parking reductions available through parking ordinance o Added an option to park at a ratio of 1 space per bedroom or 1.5 per 1000sf/2 per 1000SF+ o Removed several parking standards already in other parts of Ch. 172 Parking, found to be redundant o Removed statements about a desire for covered bike parking, settled on a requirement of 1 bike rack per dwelling unit Fire o Simplified statement, as much of it was required regardless if stated in this ordinance o Removed "solid waste" references in favor of "Recycling and Trash Collection" o Removed specific 9-foot linear distance requirement for residential recycling and trash collection dimension in favor allowing the developer and RTC to work out a mutually agreeable solution. (H) Building Design Standards o Removed references to providing variety, visual interest, compatibility with character of surrounding neighborhood o Removed required architectural elements o Clarified that attached units must meet Urban Residential Design Standards o Added section requiring dwellings that front a trail to treat the frontage as a principal fagade (1) Variances o Clarified that variances are processed through the Planning Commission, except for (E), which are zoning regulations for which variances are considered by the Board of Adjustment BUDGET/STAFF IMPACT: None Attachments: Proposed Ordinance amendments Existing Ordinance Ch. 161 Zoning Regulations Replace Use Unit 44 Cottage Housing Development with Use Unit 44 Cluster Housing Development in all zones where it currently exists.jPJ1] 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern, The asFeF.�next le a Spe6fi^ W e i"Gaie%4hat-Me-use-iaas-speGial nn ronirbrl b t f�#-�apter °FCC nanrli nn n h�t �.r 16:A nla 6i3id4ti �-�&� crt+vr-.�arcap�ey�ro�+yr"isE`i7tai-R�'�Hla�i$i}�-�Pi2'I Unit City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit Public protection and utility facilities 3 Unit Cultural and recreational facilities 4 Unit Government facilities 5 Unit 6 Agriculture Unit 7 Animal husbandry - ---r- Unit $ Single-family dwellings Unit Two-family dwellings 9 Page 1 Unit 10 Unit 11 Unit 12 F_ _- Unit 13 Unit 14 Unit 15 Unit 16 Unit i 17 Unit 18 Unit 19 Unit 20 Unit i 21 I Unit 22 Three-family dwellings Manufactured home park Limited business Eating places Hotel, motel and amusement facilities Neighborhood shopping goods Shopping goads Transportation Trades and services .. Gasoline service stations and drive-in/drive through restaurants 1 Commercial recreation, small sites Commercial recreation, large sites Warehousing and wholesale Manufacturing Page 2 Unit 23 Heavy industrial I Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit i Multi -family dwellings 26 Unit Wholesale bulk petroleum storage facilities with 27 underground storage tanks Unit 28 Center for collecting recyclable materials Unit [lance halls 29 Unit 30 Extractive uses Unit Facilities emitting odors & facilities handling 31 explosives Unit 32 Sexually oriented business Unit Adult live entertainment club or bar t 33 i Unit 34 Liquor stores Unit I Outdoor music establishments 35 f Page 3 Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit ni Mini -storage units 38 Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit ni Accessory dwellings 41 Unit 42 Clean technologies Unit Animal boarding and training 43 Unit 44 Cettage-Cluster Housing Development Unit 45 Small scale production (RR) Unit 44. SettagaCiuster Housing Development. (1) Description. Unit 44 is provided in order that settage cluster housing developments are permitted by right in multi -family zoning districts and by Conditional Use Permit in single family zoning districts. (2) Included Uses. Gettage-Cluster Housing Developments Page 4 Ch. 164: Supplementary Distr+st egulatiGRsZoning Regulations and Specialized Development Regulations 164.00 Purpose (A) The purpose of this chapter is to protect and further the health, safety and general welfare of the citizens of Fayetteville by providing appropriate zoning and development regulations to provide opportunities for innovative development while protecting neighboring properties and neighborhoods from incompatible development. (B) Regulations within this chapter that regulate traditional zoning requirements such as density, setbacks, bulk and area, maximum buildable area, height of structures, lot width, etc. shall be administered as all other zoning regulations. Regulations within this chapter that regulate traditional development requirements such as type of foundation, minimum building width, building design requirements, open space requirements, parking requirements internal separation requirements, orientation requirements, etc. shall be administered as all other development regulations.]PJ3] Page 5 ADM 16-5430 (Cluster Housing) Exhibit "A" 164.22 - Cluster Housing Development (A) Purpose. The purpose of the cluster housing development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide housing opportunities for a population diverse in age, income and household size (B) Applicability. The provisions of this section shall apply to proposed cluster housing development proposals, as defined in Chapter 162: Use Units and authorized by Chapter 161: Zoning Regulations of the Unified Development Code, however zoning and development regulations such as density, bulk and area, building area, street frontage requirements, lot splits and other standards for cluster housing development are enforced subject to the criteria adopted in this chapter. (C) Development Review Process. For the purpose of development review, cluster housing developments less than one acre shall be processed as a Site Improvement Plan. Cluster housing development on lots one acre or larger shall be processed as a Large Scale Development. If individual cluster housing unit lots are created the cluster housing development shall be processed through the subdivision platting process. (D) Dwellings Permitted (1) Number of Cluster Housing Units Permitted. A cluster housing development shall contain a maximum of 12 dwelling units. In multi -family zones where the proposed cluster housing development exceeds the minimum open space requirements of 164.22(G)(3)(a) by at least 20%, and in which at least 75% of the planned units are attached dwellings, there shall be no maximum number of dwelling units, except to conform to the density limitations herein. (2) Existing Nonconforming Structures. On a lot to be used for a cluster housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cluster density. (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (1) Permitted and Conditional Use. Cluster housing development is permitted as identified in Ch. 161, Zoning Regulations, as a permitted or conditional use. (2) Density. Cluster housing development permitted as a use by right shall be allowed a density in conformance with the underlying zoning district. Zoning districts that allow cluster housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. (3) Bulk and Area Regulations. (a) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots. (b) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet. (c) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. (4) Setback Requirements. All structures shall meet setback and separation requirements of the International Building Code, as applicable. For zoning purposes: (a) In single family districts, all cluster housing units shall have a minimum separation from one another of ten feet measured from exterior wall to exterior wall, not counting eaves or other architectural projections. (b) In multi -family districts, there are no separation requirements from one cluster housing structure to another. Page 1 ADM 16-5430 (Cluster Housing) Exhibit "A" (c) The setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (5) Building Height Regulations. The height for all structures in a cluster housing development shall not exceed the permitted height requirement of the underlying zoning district. (6) Building Area. None. (7) Accessory Dwelling Units. Accessory dwelling units are not permitted in cluster housing developments. (F) Common Property Maintenance. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cluster housing development residents, through a condominium association, a homeowners' association or a similar mechanism, and shall not be dedicated to the city unless accepted by the City Council (G) Development Standards. All cluster housing developments are subject to the following standards: (1) Floor Area. The total conditioned floor area of any individual cluster housing unit shall not exceed 2500 square feet. (2) Building Orientation. A minimum of 75 percent of dwelling units in a cluster housing development shall be oriented around and face the common open space, a public trail or towards the street, having pedestrian access to the common open space and the street. Where a cluster housing unit fronts onto a public trail, the fagade facing the public trail shall be considered a principal fagade for the purposes of meeting design standards. (3) Open Space. (a) For units up to 1500 square feet, a minimum of 250 square feet of common open space shall be provided per unit. For units exceeding 1500 square feet and up to 2000 square feet, 500 square feet of common open space shall be required per unit. For units exceeding 2000 square feet, 750 square feet of common open space shall be required per unit. Common open space is subject to the following performance criteria: (i) No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 10 feet. (ii) Required common open space shall be divided into no more than two separate areas per cluster of dwelling units. (iii) Common open space shall be improved for passive or active recreational use, garden/food production, social gathering spaces or landscaped areas. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, plazas or gardens. A detailed site plan of the common open space depicting the design and amenities of the space shall be reviewed with the site plan for approval. (iv) Amenities such as permanent or movable seating, landscaping, trails and paths, barbeque or eating facilities, covered shelters or water features shall be included within the common open space. Low Impact Development stormwater management facilities may be placed within the common open space when they are integrated with the amenities listed above. (b) Each cluster housing unit shall be provided with a private open space of 250 square feet with no dimension of less than 10 feet. Private open space should be contiguous to each dwelling unit, for the exclusive use of each respective resident In multi -family zones in which at least 75% of the planned units are attached dwellings, private open space shall not be required where the development exceeds the minimum open space requirements of (G)(3)(a) by at least 20% and it can be demonstrated that each unit has easily available access to open space amenities. (c) Parking areas and driveways shall not be counted as open space. Page 2 ADM 16-5430 (Cluster Housing) Exhibit "A" (4) Fences. Fencing located between a cluster housing unit and a public street or trail or the common open space shall not exceed 48 inches in height. (5) Parking Requirements and Standards. Parking areas should be located within the cluster housing development in such a way as to maintain the character along the public street and to minimize the noise and light impacts on private residences and public spaces. Reductions in parking space allowances are permitted in cluster housing developments as described in Chapter 172: Parking and Loading. Permitted on -street parking spaces adjacent to a project's frontage may count towards the parking requirements of the development. Parking standards for cluster housing developments shall be as follows: (a) The owner/developer may choose to supply one parking space per bedroom for his or her entire Cluster Housing Development. Otherwise, the required number of parking spaces shall be determined according to the square footage of the cluster housing unit as described below: (i) Dwelling units less than 1,000 square feet shall have one and one-half (1.5) parking spaces provided. (ii) Dwelling units over 1,000 sq. ft shall have two (2) parking spaces provided. (b) Shared covered parking shall be designed to be similar and compatible to the design, materials and roof pitches used for the cluster housing units. (6) Cluster housing developments shall provide at least one bicycle parking rack per cluster housing unit. (7) Fire Department Access. Fire Department access shall be determined at the time of development review. (8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. (9) Utilities. Individual cluster housing lots shall have a unique connection to the main water and sewer lines. Main water and sewer lines on private property servicing cluster housing unit developments shall be located in a dedicated easement. (10) Community Buildings Indoor or covered common areas less than 2,000 square feet are permitted by right in cluster housing development. These structures shall be architecturally integrated with the architectural style of the cluster housing development. (11) Recycling and Trash Collection Service. For the purposes of recycling and trash collection cluster housing developments are considered a residential use and should receive residential recycling and trash collection service (individual carts and recycling bins) where possible. In certain instances, it may be necessary to service cluster housing developments with commercial trash collection equipment (dumpsters). This may occur when a project is located in a predominately commercial area serviced by commercial trash pickup. It is incumbent on the developer to design recycling and trash collection facilities into the cluster housing development plan early in the process. The final determination of recycling and trash collection service and pick-up areas will be made at the time of development review by the City. Specific requirements for residential and commercial trash and recycling pick-up shall be as follows: (a) Residential trash and recycling collection service requires a designated location near the street curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the designated pick-up day. If this location is also used for on -street parking it shall be clearly marked and a sign posted restricting use for the designated pick-up day. An appropriate linear distance is required to accommodate each cluster housing unit's trash cart and recycling bin, subject to City approval. (b) Commercial trash collection service requires a dumpster location that is freely accessible for front end loading and screened from public view. Page 3 ADM 16-5430 (Cluster Housing) Exhibit "A" (c) Recycling and trash facilities shall be located behind the front building setback line and shall be screened from the right-of-way and adjacent property owners by either architectural treatments or vegetative screening. (H) Building Design Standards. (1) Variety in Detached Cluster Housing Units Floor Plans and Architectural Treatments. These standards are intended to avoid the overly repetitive use of the same building design, structural features, detailing or finishes among detached units within the cluster housing development. In cluster housing developments no two (2) structures shall be identical in terms of exterior finishes. All cluster housing units shall differ from each other by utilizing at least two (2) of the following options. - (a) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color; (b) Variations in adjacent cluster housing unit floor plans that alter the location of exterior windows and doors; (c) Variations in the size of main floor area and/or building height of adjacent structures; or (d) A front porch with a minimum width no less than 50% of the front building facade. Front porches shall have a minimum depth of 6 feet. No structurally identical front porches shall be located on adjacent cluster housing units. (e) Variations in roof shapes or gables between adjacent structures. (f) Other variations as approved by the Zoning and Development Administrator. (2) All attached cluster housing units shall comply with §166.23 Urban Residential Design Standards. Where a cluster housing unit fronts onto a public trail or open space, the facade facing the public trail or open space shall be considered a principal fapade, for the purposes of meeting this section. (1) Variances from the minimum cluster housing development requirements. Variances of this section, Cluster Housing Development, shall be administered as normal development regulations for variances of General Design Standards, except that (E) Zoning Regulations shall be administered as zoning regulations for variance purposes. Page 4 Current Ordinance 164.22 - Cottage Housing Development (A) Purpose. The purpose of the cottage development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide opportunities for ownership of detached single-family dwellings for a population diverse in age, income and household size. (B) Applicability. Cottage housing development is permitted to be located as identified in Chapter 161: Zoning Regulations of the Unified Development Code, however, zoning and development regulations such as density, bulk and area, building area, street frontage requirements, lot splits and other standards for cottage housing development shall follow the criteria adopted in this chapter. (C) Development Review Process. For the purpose of development review cottage housing developments less than one acre shall be processed as a Site Improvement Plan. Cottage housing development on lots larger than one acre shall be processed as a Large Scale Development. If individual cottage housing unit lots are created the cottage housing development shall be processed through the subdivision platting process. (D) Cottage Housing Development Size, Separation Requirements and Existing Structures (1) Number of Cottage Housing Units Permitted. Cottage housing development shall contain a minimum of four (4) and a maximum of twelve (12) cottages located in a cluster, on no less than '/2 acre. (2) Cottage Housing Development Separation Requirement. Cottage housing developments shall have a minimum separation from other cottage housing developments of not less than 1,000 feet (3) Existing Nonconforming Structures. On a lot to be used for a cottage housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density. (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (1) Density. Zoning districts that allow cottage housing development as a use by right shall conform with the density requirement of the underlying zoning district. Zoning districts that allow cottage housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. (2) Lot Width Minimum. There is no lot width requirement for individual cottage housing units. (3) Lot Area Minimum. The lot area minimum for cottage housing unit lots is 750 square feet. (4) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. (5) Setback Requirements. (a) All structures shall have a minimum separation of 10 feet, measured from edge of eave to edge of eave, from other structures or cottages within the cottage housing development. (b) The setback from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (6) Building Height Regulations. The height for all structures in a cottage development shall not exceed the permitted height requirement of the underlying zoning district. (7) Building Area. There is no minimum building area requirement for individual cottage housing unit lots. (8) Accessory Dwelling Units. Accessory dwelling unit s are not permitted in cottage housing developments. Page 1 Current Ordinance (F) Common Property Maintenance. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cottage housing development residents, through a condominium associations, a homeowners' association or a similar mechanism, and shall not be dedicated to the city. (G) Development Standards. All cottage developments are subject to the following standards (1) Floor Area. The total conditioned space floor area of each cottage shall not exceed 1,100 square feet. (a) Cottages shall have a maximum first floor area or footprint of no more than 900 square feet, excluding covered or attached porches. (b) Future additions to any cottage housing unit shall meet the requirements of this chapter. (c) Floor area that does not count towards the total conditioned space floor area permitted for a cottage housing unit includes: (i) Architectural projections such as utility closets no greater than 18 inches in depth and 6 feet in width, bay windows and fireplaces. (ii) Spaces with a ceiling height of 6 feet or less measured to the exterior walls, such as interior attic eaves. (2) Cottage Orientation. The fronts of all cottage housing units shall be oriented around the common open space or towards the street, with the following exception: (a) A maximum of one (1) cottage in a cottage housing development is allowed to be located in an area that does not front onto the common open space or street right of way. These units shall be located within 25 feet of the common open space and shall have direct pedestrian access to the common open space and the street. (3) Open Space. (a) The required common open space shall be provided in one contiguous parcel. (b) A minimum of 300 square feet of common open space shall be provided per cottage housing unit. Common open space with a dimension of less than 20 feet shall not be included in the calculation. (c) Each cottage housing unit shall be provided with a private open space of 250 square feet with no dimension of less than 10 feet. Private open space should be contiguous to each cottage, for the exclusive use of the cottage resident (d) Parking areas, driveways and common pedestrian access shall not be counted as open space. (4) Fences. Fencing in cottage housing development should be respectful of the context of the surrounding neighborhood and should accentuate the common and private open spaces. (a) Fencing located between a cottage housing unit and a public street or the common open space shall not exceed 48 inches in height. (5) Parking Requirements and Standards. Parking areas should be located within the cottage housing development in such a way as to maintain the character along the public street and to minimize the noise and light impacts on private residences and public spaces. Reductions in parking space allowances are not permitted in cottage housing developments. Permitted on - street parking spaces adjacent to a projects frontage may count towards the parking requirements of the development subject to approval by the Zoning and Development Administrator. Parking standards for cottage housing developments shall be as follows: (a) The required number of parking spaces for each cottage shall be determined according to the square footage of the cottage housing unit. Page 2 Current Ordinance (i) Cottages less than 1,000 square feet shall have one and one-half (1.5) parking spaces provided. (ii) Cottages over 1,000 sq. ft. shall have two (2) parking spaces provided. (b) Parking lots containing five (5) or more parking spaces shall comply with the parking lot construction and design standards located in Chapter 172: Parking and Loading of the City's Unified Development Code. (c) Parking lots shall be located a minimum of 25 feet back from the public right-of-way. (d) Shared covered parking shall be designed to be similar and compatible to the design, materials and roof pitches used for the cottage housing units. (e) Parking space dimensions shall comply with Chapter 172: Parking and Loading of the Unified Development Code. (6) Bicycle Parking. Bicycle parking should be located in a common area and preferably be covered to protect the longterm storage of bicycles It is recommended that cottage housing developments should provide one (1) unsheltered bicycle rack or the equivalent sheltered space to store two (2) bicycles per cottage housing unit. (7) Fire Department Access. Fire Department access shall be determined at the time of development review. Any part of structure in a cottage housing development that is located more than 150 feet from Fire Department vehicle access, as measured by an approved route around the exterior of the buildings or facilities, shall have a Fire Department approved sprinkler system. (8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. (9) Utilities. Individual cottage housing units shall have a unique connection to the main water and sewer lines. Main water and sewer lines on private property servicing cottage housing unit developments shall be located in a dedicated easement. (10) Community Buildings. Community buildings and common pavilions less than 2,000 square feet. are permitted by right in cottage housing development. These structures shall be architecturally integrated with the architectural style of the cottage housing development. (11) Stormwater/Grading. Cottage housing developments shall comply with the grading, drainage and stormwater provisions set forth in the Unified Development Code Chapter 169 and 170. A drainage permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with these requirements. (12) Solid Waste Service. For the purposes of solid waste collection cottage housing developments are considered a residential use and should receive residential solid waste service (individual carts and recycling bins)_ In certain instances, it may be necessary to service cottage housing developments with commercial solid waste collection equipment (dumpsters). This may occur when a project is located in a predominately commercial area serviced by commercial solid waste pick up. It is incumbent on the developer to design solid waste service into the cottage housing development plan early in the process. The final determination of solid waste service and pick-up areas will be made at the time of development review. Specific requirements for residential and commercial solid waste pick-up shall be as follows: (a) Residential solid waste service requires a designated location adjacent to the street curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the designated solid waste pick-up day. If this location is also used for on -street parking it shall be clearly marked and a sign posted restricting use for the designated solid waste pick-up day. A minimum linear distance of 9 feet is required to accommodate each cottage housing unit's trash cart and recycling bin. (b) Commercial solid waste service requires a dumpster location that is freely accessible for front end loading and screened from public view. Page 3 Current Ordinance (c) Solid waste facilities shall be located behind the front building setback line and shall be screened from the right-of-way and adjacent property owners by either architectural treatments or vegetative screening. (H) Building Design Standards. Building design shall provide variety and visual interest in order to provide compatibility with the character of the surrounding neighborhood. These standards are intended to avoid the repetitive use of the same building design, structural features, detailing or finishes within the cottage housing development. (1) Variety in Cottage Housing Units Floor Plans and Architectural Treatments. In cottage housing developments no two (2) structures shall be identical in terms of exterior finishes. All cottage housing units shall differ from each other by utilizing at least two (2) of the following options: (a) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color; (b) Variations in adjacent cottage housing unit floor plans that alter the location of exterior windows and doors; (c) Variations in the size of main floor area and/or building height of adjacent structures; or (d) A front porch with a minimum width no less than 50% of the front building fagade. Front porches shall have a minimum depth of 6 feet. No structurally identical front porches shall be located on adjacent cottage housing units. (2) Required Architectural Elements. A cottage housing unit with a front porch that is credited for meeting the requirements of section 164.22(H)(1) above shall not be credited with meeting the requirements of this section. All cottage housing units in a cottage housing development shall contain a minimum of two (2) of the following building features or treatments: (a) Porch. (b) Variations in roof shapes or gables between adjacent structures. (c) Roof brackets. (d) Bay windows. (e) Dormers. (f) Chimneys. (g) Other similar features or treatments as approved by the Zoning and Development Administrator. (1) Variances from the minimum cottage housing development requirements. An applicant may request a variance for specific requirements of the cottage housing development ordinance from the Planning Commission. Notification of adjoining and adjacent property owners shall conform to the requirements of Chapter 157: Notification and Public Hearings of the City's Unified Development Code. A variance of the following standards of the cottage housing development ordinance may be requested: (1) Number of cottage housing units permitted. (2) Cottage housing development separation requirement. (Ord. No. 5462, 12-6-1 l ) Page 4 NORTHWEST ARKANSAS REC _ '\/ED Democrat goauw NOV 2 8 Z016 _ J OF IC ......:rt., ,.tF...... i'..,'�.'0<'. ..3-A42, '0-r H „ ,�', CITYCL`�iDICE AFFIDAVIT OF PUBLICATION I, Karen Caler, 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. No. 5921 Was inserted in the Regular Edition on: November 10, 2016 Publication Charges $195.00 Subscribed and sworn to before me This 24 day ofTIUy , 2016. 4 UeZA111 Notary Public My Commission Expires: �IZvI� 2Ir CATHY WILES Arkansas - Benton Count) Notary Public - Comm<>' 12397-118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance:5921 File Number: 2016-0462 AMEND CHAPTERS 161, 162, AND 164: AN ORDINANCE TO AMEND CHAPTERS 161 AND 162 TO RENAME AND REPLACE "COTTAGE HOUSING DEVELOPMENT" WITH "CLUSTER HOUSING DEVELOPMENT"; TO RENAME CHAPTER 164 TO SUPPLEMENTARY ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REQUIREMENTS, TO REPLACE § 164.22 COTTAGE HOUSING DEVELOPMENT WITH § 164.22 CLUSTER HOUSING DEVELOPMENT AND MAKE FURTHER AMENDMENTS TO § 164.22. WHEREAS, many regulations within Chapter 164 Supplemental Zoning Regulations are in reality development type regulations and should be administered as development regulations rather than zoning regulations; and WHEREAS, several existing regulations within § 164.22 Cottage Housing Development need to be amended to promote rather than retard use of the Cluster Housing concept for attractive, but affordable clustered houses. 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 Chapter 161 Zoning Regulations of the Unified Development Code to change the name of Use Unit 44 "Cottage Housing Development" to "Cluster Housing Development" throughout this Chapter. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 by removing and deleting the last sentence referring to an asterisk from the introductory language and by renaming Use Unit 44 as "Cluster Housing Development' in the initial table listing all Use Units. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby replaces the term Cottage Housing Development with Cluster Housing Development throughout § 16201 (RR). Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 164 of the Unified Development Code by changing its name to Supplemental Zoning Regulations and Specialized Development Regulations and enacting a Purpose section as shown below: "§ 164.00 Purpose (A) The purpose of this chapter is to protect and further the health, safety and general welfare of the citizens of Fayetteville by providing appropriate zoning and development regulations to provide opportunities for innovative development while protecting neighboring properties and neighborhoods from incompatible development- (B) Regulations within this chapter that regulate traditional zoning requirements such as density, setbacks, bulk and area, maximum buildable area, height of structures, lot width, etc. shall be administered as all other zoning regulations. Regulations within this chapter that regulate traditional development requirements such as type of foundation, minimum building width, building design requirements, open space requirements, parking requirements, internal separation requirements, orientation requirements, etc. shall be administered as all other development regulations." Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.22 Cottage Housing Development in its entirety and enacts a replacement § 164.22 Cluster Housing Development as shown on Exhibit A. PASSED and APPROVED on 11/1/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73924100 Nov. 10, 2016