HomeMy WebLinkAboutORDINANCE 6076113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6076
File Number: 2018-0144
ADM 18-6094 (AMEND UDC 164.19/ACCESSORY DWELLING UNITS):
AN ORDINANCE TO AMEND § 164.19 ACCESSORY DWELLING UNITS OF THE UNIFIED
DEVELOPMENT CODE TO ENCOURAGE THE CONSTRUCTION OF MORE ACCESSORY
DWELLING UNITS IN FAYETTEVILLE
WHEREAS, removing impediments to building accessory dwelling units will support the goals of City
Plan 2030 by making appropriate infill and revitalization the City's highest priority (Goal 1) and creating
opportunities for attainable housing (Goal 6).
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 repeals § 164.19 Accessory
Dwelling Units and enacts a new § 164.19 as follows:
" (A) Purpose. Accessory dwelling units are allowed in certain situations to:
• Create new housing units while respecting the character and pattern of small scale traditional town
form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with established
massing, scale, and development patterns;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families with grown children,
to remain in their homes and neighborhoods, and obtain extra income, security, companionship and
services; and
• Provide a broader range of accessible and more attainable housing."
(B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory
dwelling unit application:
(C)
Page 1 Printed on 818118
Ordinance: 6076
File Number: 2018-0144
(1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City
standards to serve the accessory dwelling unit.
(2) A two (2) story accessory dwelling unit shall 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 shall be minimized.
(3) 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.
(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. The accessory dwelling unit(s) shall not be greater than 1200 square feet of
habitable space per lot.
(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.
(3) Parking. For accessory dwelling unit(s) with individual or combined habitable space greater than
800 square feet, one (1) parking space shall be provided on-site. 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) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one detached and one
attached or interior accessory dwelling unit provided the combined square footage does not exceed
1200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of
the Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified Development
Code.
(6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (2) persons shall be
Page 2 Printed on 818118
Ordinance: 6076
File Number- 2018-0144
permitted to reside in an accessory dwelling unit. If two accessory dwelling units are on the
same lot, only two additional persons total for the lot shall be permitted to occupy these units
unless one accessory dwelling is occupied by a person who is a member of the related 'Family'
(see §151.01) occupying the primary house.
(7) Building Height and Stories.
a) A detached accessory dwelling unit shall be a maximum of two stories.
b) An attached accessory dwelling unit may occupy a basement, first or second story of a
principal dwelling unit and shall not be taller than the roof line of the principal dwelling
unit.
(E) 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.
(F) Existing Detached Second (Accessory) Dwelling 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."
PASSED and APPROVED on 8/7/2018
Attest:
Sondra E. Smith, City Clerk T
Page 3 Printed on 818118
City of Fayetteville Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0144
Agenda Date: 8/7/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
ADM 18-6094 (AMEND UDC 164.19/ACCESSORY DWELLING UNITS):
AN ORDINANCE TO AMEND § 164.19 ACCESSORY DWELLING UNITS OF THE UNIFIED
DEVELOPMENT CODE TO ENCOURAGE THE CONSTRUCTION OF MORE ACCESSORY
DWELLING UNITS IN FAYETTEVILLE
WHEREAS, removing impediments to building accessory dwelling units will support the goals of City Plan
2030 by making appropriate infill and revitalization the City's highest priority (Goal 1) and creating
opportunities for attainable housing (Goal 6).
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 repeals § 164.19 Accessory
Dwelling Units and enacts a new § 164.19 as follows:
" (A) Purpose. Accessory dwelling units are allowed in certain situations -to:
• Create new housing units while respecting the character and pattern of small scale traditional town form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with established
massing, scale, and development patterns;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and services;
and
• Provide a broader range of accessible and more attainable housing."
(B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory
dwelling unit application:
(1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to
serve the accessory dwelling unit.
(2) A two (2) story accessory dwelling unit shall 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 shall be minimized.
City of Fayetteville, Arkansas Page 1 Printed on 8/8/2018
File Number: 2018-0144
(3) 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.
(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. The accessory dwelling unit(s) shall not be greater than 1200 square feet of
habitable space per lot.
(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.
(3) Parking. For accessory dwelling unit(s) with individual or combined habitable space greater than 800
square feet, one (1) parking space shall be provided on-site. 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) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one detached and one
attached or interior accessory dwelling unit provided the combined square footage does not exceed
1200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the
Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified Development Code.
(6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (2) persons shall be
permitted to reside in an accessory dwelling unit. If two accessory dwelling units are on the same lot,
only two additional persons total for the lot shall be permitted to occupy these units unless one accesory
dwelling is occupied by a person who is a member of the related 'Family' (see §151.01) occupying
the primary house.
(7) Building Height and Stories.
a) A detached accessory dwelling unit shall be a maximum of two stories.
b) An attached accessory dwelling unit may occupy a basement, first or second story of a
principal dwelling unit and shall not be taller than the roof line of the principal dwelling unit.
(D) 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
City of Fayetteville, Arkansas Paye 2 Printed on 8/8/2018
File Number: 2018-0144
owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting.
(E) Existing Detached Second (Accessory) Dwelling 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."
City of Fayetteville, Arkansas Page 3 Printed on 818/2018
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2018-0144
Legistar File ID
4/17/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/22/2018 City Planning /
_ Development Services Department
Submitted Date Division / Department
Action Recommendation:
ADM 18-6094: Administrative Item (UDC Chapter 164.19/UDC Amendment Accessory Dwelling Units): Submitted by
the DEVELOPMENT SERVICES DEPARTMENT for revisions to UDC Chapter 164.19 —Accessory Dwelling Units (ADU).
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
1
I
' CITY COUNCIL AGENDA MEMO
CITY OF
FA'YETTE I LE
ARKANSAS
MEETING OF APRIL 17, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
DATE: March 22, 2018
SUBJECT: ADM 18-6094: Administrative Item (UDC Chapter 164.19/UDC Amendment
Accessory Dwelling Units): Submitted by DEVELOPMENT SERVICES
DEPARTMENT STAFF for revisions to UDC Chapter 164.19—Accessory Dwelling
Units (ADU).
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to amend UDC Section
164.19, Accessory Dwelling Units as described within this report.
BACKGROUND:
Background: In 2008, the Fayetteville Unified Development Code was modified to allow accessory
dwelling units (ADUs) to be administratively approved by staff. They were previously allowed only
as a conditional use permit subject to Planning Commission review. Since that time there has
been a slight increase in the number of ADUs permitted and built, approximately 1-2 applications
per year. However, the volume of permits has been much lower than anticipated with the original
adoption of the ordinance which was intended primarily to implement Goals 1 and 6 of City Plan
2030:
Goal 1: We will make appropriate infill and revitalization our highest priority.
Goal 6: We will create opportunities for attainable housing.
Reevaluating Fayetteville's ADU Ordinance was also a recommended action item from City
Council's 2017 Retreat that produced a strategic plan called Fayetteville Vision 2050.
Staff, property owners, and the development community have identified several impediments to
building ADUs under the current ordinance. The primary impediment is the requirement for the
property owner to file a deed restriction specifying that the owner will reside on the property either
in the principal or accessory dwelling. This was included as a neighborhood protection measure
to ensure that both the primary house and the ADU could not be rentals. Staff proposes to remove
this impediment to encourage more ADUs to be built to fulfill the goals of City Plan 2030. To staff's
knowledge there have been few if any neighborhood complaints related to ADUs and the current
code is overly restrictive.
Mailing Address:
113 W. Mountain Street www,fayetteville-ar.gov
Fayetteville, AR 72701
Request: Staff requests that the City Council amend the Fayetteville Unified Development Code
Section 164.19 to encourage the development of more ADUs. The primary two changes proposed
are to remove the rental restriction and the requirement of one parking space for the accessory
dwelling unit if it is below 800 square feet. Other primary changes include increasing the maximum
size of accessory dwelling units from 950 square feet to 1,200 square feet, and allowing one
detached accessory dwelling unit and an additional attached or interior accessory dwelling unit
provided that the total square footage does not exceed 1,200 square feet. There are numerous
other amendments that generally remove requirements for ADUs that go above and beyond what
is required for a typical single family dwelling. The intent is to make it as easy to permit and build
an ADU as it is for a typical single family dwelling. The philosophy behind many of these proposed
changes and other ADU ordinances is to allow extended family to live on one parcel in separate
dwellings. The modified code views the overall property, including the primary and accessory
dwellings, as one extended residence.
The specific code changes are generally listed below and shown in the attached strikeout -
highlight and clean versions of the code.
Proposed Amendments to UDC Section 164.19
• Provide more detail in the "Purpose" statement
• Allow one detached and one attached or interior accessory dwelling unit per property with
a maximum total square footage of 1,200 square feet for both units
• Remove the parking requirement if the ADU is less than 800 square feet
■ Remove the following that are currently required for ADUs but not for standard single
family dwellings:
o Exterior design requirements
o Low impact development stormwater treatments
o The property owner must permanently occupy either the principal or accessory
dwelling unit
o Tree preservation
o Additional site and landscape plan review
• Other administrative changes
DISCUSSION:
On February 12, 2018, the Planning Commission discussed and tabled the item, providing
additional ideas for the proposed code changes. On February 26, 2018, staff presented the
additional code changes to the Planning Commission. The proposal was forwarded to the City
Council with a recommendation for approval by a vote of 8-0-0. Commissioner Hoffman was not
present at the February 26, 2018 meeting.
BUDGET/STAFF IMPACT:
None
Attachments:
• Strikeout version of proposed UDC Code Changes
• Clean version of proposed UDC Code Changes
Accessory Dwelling Units Proposed Code Changes: Mark-up Version UDC Section 164.19
(A) Purpose. The-pur-pose e assesseyF-Ed�yvellinr anil- ac�se isle a #i^� :esesse y
dwel4-inn units in GartrJi
shy
Accessory dwelling units are allowed in certain situations to:
• Create new hOLISlnq units while resoectina the Ieak Character and pattern of
small scale traditional town form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with
established massing, scale, and development patterns.
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families withro�wn
children, to remain in their homes and neighborhoods, and obtain extra income, security.
companionship and services; and
• Provide a broader range of accessible and more PffGrdable-attainable housing.
Intent. Planning Staff shall evaluate the following criteria for the review and approval of an
accessory dwelling unit application:
(1)
r designT4hti_� d be nnm n�tihl
€34t�fi6 ��e�S9�Fy�E1NAt�iFln "nor=#I e`W a -pr -ie
it i'tir'�f']F"Jtl l�. iTt'!I'iFTq��tG T'C1 r'L'tbC"irf"vtaT�S�l1'�{�. -ivrFTfTTT['-lt3 nL,�Jvsi,'7t1�trnLlT--1-TYQYC.Tetifi� Yfr�eJVC)�tfrn
(2)
The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City
standards to serve the accessory dwelling unit.
(3)
A two (2) story accessory dwelling unit shall-sheuW 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 ch�euld shall
be minimized. The desirsn- nfJh'o_;vriv-�.rwa-+r I it should relate tP the design of the p4nr4
residenGe and not visually do "e ther+ � rrn..r. riinn nrn Pnrtina
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 she ild innarnnr�91 p7r iFnt stn rnw xih FeF mitigation tebE-�rt .su�as f istwR �
rain harrnl6+ Parmaahle PaV8FS rain gardens,
ens __ !Ari ir-x clna�IaFAs-aA44a-ndsGaP �berms.
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)
Accessory Dwelling Units Proposed Code Changes: Mark-up Version UDC Section 164.19
Maximum Square Feet The accessory dwelling unites shall not be
greater than 9501200 square feet of habitable spaceep r lot.I�kae per+zaifted ss -lei^"
(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.
(3)
Parking . For accessory dwelling unit(s) with individual or combined habitable space greater
than 800 Square feet one (1) parking space shall be provided on-site. #o�eas acoe�sor7�
4we44i9--un1t-. 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) 'y
r71-ri i e� n4eR"R-Wt . A sing) family rl�wallinn -hall e��o I���+�1"e
arc-ra`rnry--�Tr ..... r�
th +4.� o sseFy dwelling e buildingpermit shall be iss. eel
until this requirement
(5)
Maximum Number of Accessory Dwelling Units per Lot. A maximum of one detached aseessery
dwe"in unitrsh-11 be per-mtted and one attached or interior accessory dwelling unit provided
the combined square footage does not exceed 1200 square feet.
(6)
Other Code Requirements . The accessory dwelling unit shall comply with the requirements of
the City of Fayetteville Up4or9 i'-� de international building code -
(7)
Wate�and,Sewer. V faferand)— we e ise fa t e aesessoy+ dwell+n } I Init-should he cur e
diYer G4he-pab4G-wate. Rd sewer- ste r , where r ab"GGesE441e�j4a.ese-with
all @PpliGab��4tio ,-R-L_If_so, shall he meter�sseparately freer. t4e PFIH+F�+
(8)
4Q,GGun ;7Gy The property owner rnw6t n�a,��'', swp�their the pro G. pal or._a GG136 Dry
d;well+ng ktr+lt ttCYFt#F�ei FFI��P�14-(�} pmfig-ilRf it rrtv i v t _..nership
if_.rarxiiecterl_ by the Dln nninrt I"l it its ir.n
(9)
Maximum Occupancy of the Accessory Dwelling Unit. -A maximum of two (2) persons shall
reside in -an accessory dwelling units er lot.
(10)
-T'Cee Ar�eae'
�;
Fl
�nl�ury s.itG P IPI r�ill.ictra.tinrr the loGat'Ien of all Gon.if nnnt f,npC All r•i rsn ifin-.rat teens- on the
Arr,Ps.snry nwPlling t Inits Prnpnsed Cnde Changes: Mark-up Version UDC Section 164.19
property l-lr�r.r� ptl-during non ivyAny pprrvpose4-r-emG�l/a-�of-E�gnifiGa-nt
tFeeS OR t site_VA! Fer.. .ire fi n fnllo..ri nn of the nrnnerf.r owner'
(a)
fesate#a aGGessoFy dwelliRg unit en the lot and also meet all Gentributing le )Fnent
tsuvr' a� ding setbaGko ..}ili"F dFai a easements topography, ein_
Tp7
PeF tree tFeO OaGeWith a total of +..�
(2) 7_i nnh naliner laFge snrinieS shade t . EIS frnm the list of approved Free sneeies in a lona+inn
deemed appropriate her the ..l.. Erhnn_ Porenter
`L he old the I Irhan Cerester find justifiable _ oews- .4rao rir__lro818 We;e
Femeyrid on an attempt to thwart +hr. ir.taat of thio OF dinanGe pi' +r. a ali..a+ir.a fE)F @A sSor.r
dwelling Unit, the apPioGatiOR shall not be app;aved administFatively.
(11)
Building Height and Stories.
(a)
❑ rtect L-'��f.GULLf�t7�f�C}1pd an.- ^-bcc.nY-u--Ci17 =1Uirip-lar7-l�-.��lE 'l�-.i XlCxli.+f7.1rAf?n foe+r,_, in hn halaht-tr tthp
}ef pv�k et/ ar�g-adoseR7faii$
(b)
A detached accessory dwelling unit abave-eee-4ystory-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 basement. first or second story of a principal
dwelling unit and shall not in--ar+y4a-s't-anse be taller than the roof line of the principal dwelling
unit.
p (12)
1f±il�Q � he .;Gannet. design of nit I relate the
�9 Fa -e nninal dwelling hie the
r,iiJcv��irn��xt{
�F�r
od '"'�RdGW Fima roofing materials and ,,f rtG1T h 4GW, at9rials must be ihmi
for review of aFapp4satds4i-a
W
❑ material sam pte-1b9afEP44iG4F4- `yr+ mate ria is and GOlOry to he i icc. ,qFafhe
bwdjf�7
C�7
A;:,,-arnhite Gt Fal elevation drawing of all sides n
i-fnage, -or aFGhitoof ele- ia+i vFihe pr-inojpakW 4iAg--uAit.•
Accessory Dwelling Units Proposed Code Changes: Mark-up Version UDC Section 164.19
4tS4l itE-n!an ,TppL. fed to be sci
fGH-Dwing infofma ien
v0"r'vcr•
94
A -RI9FWHafr"i7'v'r`:
04
PF9per4-y !'Res.
(4)
lel
❑31 a ms4 rf rn posed cfrrrnt iron withr
arr n
CiSr r f r hrnoi,, i77n`` ter. aFe feOr a�e&
T�
N,,-:fete--of-the-ap rant-er-pFope"ref,plar4-prepa-Fe4l.-prejest-raIne and-prejest-address-"
}i+lo hlnnL
Tcrc-vrvvr� r�1
P4)f4nn� 4-asAfaiF}c�raatk}Fnc berm Fomes R 44 r.ing-Wa4S-
nr+ areas, i�qn��nlr.rrlinrr rlriroeaiee+ tArifh na..inn material s• and r1 FvF�rY.
CTT7
At--I$Rd6Gape-pta�Ek'IAVV*Kj4hE"iBSeaton--B4-�3a4-pfBpGse44a444r,, �rn4-plant mateFia!G aFP
spesies:
Tree preteGtiGR-p4a irtGWdirrg-ait-sign #ieaF4t--trees-aed-pre est4Gn-measu
(E)
si f- _ktaiRiRg a.bl silciinIg Permit frar.an. ar•noccnn..c1W8I10n9 _in.if#hci_nrr ty
$ . fReF Shall�e Washinn+rtn GOO-RIir1mrif'S, Offing n At-- ra+i� Of eF rinf��
and statin r
m
The aGGessery dwelling Groot shall not by ce'd separa+aly from the pri Gipal res
4
Accessory Dwelling Units Proposed Code Changes: Mark-up Version UDC Section 164.19
The aGGessory unit is r
(3)
The -p Gpe4y-owse r shall at ali tones reside Gn heprepe4l�L-
The aow ersEiEp f tl�e pr per y ars skull
rununwi#1-1-#c-pr-Gpefty--
(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
...I,,,..Il Or, the r cr4.,
M
F
Nei-}%�F�!- �---944 s,--E-Y6s# ng-d-fat-hnrl senond dwelling units that_i
H --be GORTi dered nonnrinfarrninn_stratre
apprs„tiF rn,r� i�etaGhred-seson"we4�R�FtW
a�or�for +gag—legat—e4ete eel seeontJ dwelling--4nit,--w-here ! e --"sting r+ni sa eet-4-ta
existing nonGeafowaing -setae of tl4e
date --of the app!i rpt
of stated.
(H)
tYp-ta[���FtYX iii — tib iVdn"�-}r1-f�r 84l]nti ir�)�—nnt be GGRVcs rFad ;.+ a44
acc ayarinnse has been granted by the BeaFd TO4*&
4)
If the m dnrnnarty ow E?F no lrtR9eF4i�nL�n;,r
e �e pFepe F't'.` � er shall �ramTFno,�i,.e te GO9
ho�
#aGaities frothe nrnessory wf�li}i��n+t-o rr iii -G -&hc i#�tarc nve-itrile-aGGeSSOF
dwel4n94ini#.
(J)
Violation. Violation of the requirements herein shall be prosecuted to the maximum extent of
the law.
(Ord. No. 5128, 4-15-08; Ord. No. 5866 , §2, 4-5-16)
Accessory Dwelling Units Proposed Code Changes: Clean Version UDC Section 164.19
(A) Purpose. Accessory dwelling units are allowed in certain situations to:
• Create new housing units while respecting the character and pattern of small scale
traditional town form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with
established massing, scale, and development patterns;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families with grown
children, to remain in their homes and neighborhoods, and obtain extra income, security,
companionship and services; and
• Provide a broader range of accessible and more attainable housing.
(8) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an
accessory dwelling unit application:
(1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets
City standards to serve the accessory dwelling unit.
(2) A two (2) story accessory dwelling unit shall 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 shall be minimized.
(3) 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.
(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. The accessory dwelling unit(s) shall not be greater than
1200 square feet of habitable space per lot.
(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.
(3) Parking. For accessory dwelling unit(s) with individual or combined habitable
space greater than 800 square feet, one (1) parking space shall be provided on-
site. 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.
Accessory Dwelling Units Proposed Code Changes: Clean Version UDC Section 164.19
(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one
detached and one attached or interior accessory dwelling unit provided the
combined square footage does not exceed 1200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the
requirements of the City of Fayetteville International building code.
(6) Maximum Occupancy of the Accessory Dwelling Unit(s). A maximum of two (2)
persons shall reside in an accessory dwelling unit(s) per lot.
(7) Building Height and Stories.
(a) A detached accessory dwelling unit shall be a maximum of 25 feet in
height to the roof peak measured from the existing adjacent grade.
(b) An attached accessory dwelling unit may occupy a basement, first or
second story of a principal dwelling unit and shall not be taller than the
roof line of the principal dwelling unit.
(D) 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.
(E) 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.
(F) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent
of the law.
(Ord. No. 5128, 4-15-08; Ord. No. 5866 , §2, 4-5-16)
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
FROM: Kit Williams, City Attorney
DATE: June 5, 2018
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Rhonda Lynch
Paralegal
RE: Third option for maximum occupancy for two accessory dwelling
units on single parcel
I suggested last week after consultation with Planning that the
original language regarding: "(6) Maximum Occupancy of the Accessory
Dwelling Units," should be amended as shown in the (A) Exhibit attached
to this memo: "If two accessory dwelling units are on the same lot, both
accessory units are limited to single occupancy or one of the units must have
no occupancy." This clearly limits the number of potential occupants in
accessory dwelling units on a single lot to not more than two for the entire
lot.
If the City Council desired to allow up to two occupants for each
accessory dwelling unit for the two accessory dwelling units allowed for a
single lot, then you should amend to Exhibit (B). This would allow a total of
up to four occupants within the two allowed accessory dwelling units on a
single lot. This is NOT what is being recommended by the Planning
Department nor the Planning Commission. However, having such an
C - q
option presented to the City Council further clarifies your intent if you select
Exhibit (A).
Garner Stoll and Andrew Garner advised that they would like to see a
third option for the City Council to consider. They wanted a property owner
to build one accessory dwelling unit for two persons and still have the right
to build a second accessory dwelling unit in which a member of the related
family living in the primary house could live. This would increase the
additional persons residing on this lot by up to three.
This option is Exhibit (C) attached to this memo and states: "If two
accessory dwelling units are on the same lot, only two additional persons
total shall be permitted to occupy these units unless one accessory
dwelling unit is occupied by a person who is a member of the related
'Family' (see §151.01) occupying the primary house."
CONCLUSION
If a City Council Member agrees with Planning Department's final
suggestion for an overall maximum of two occupants on a single lot unless
one of the two accessary dwelling units is occupied by a person who is a
member of the related "Family" occupying the primary house, please move
to amend to my proposed language shown on Exhibit (C) which would
replace the currently proposed -language in (C)(6) Maximum Occupancy of
Accessory Dwelling Units. This would allow up to three additional persons
to reside on the lot along with the family residing in the main house.
This final suggestion allowing a third possible occupant requires a
member of the related family to reside in one of the two accessary
dwelling units. This would not be applicable if three unrelated persons
(rather than a related family) are residing in the primary house or four
unrelated persons are residing in a multifamily zoned district.
z
Two A C(�.efta ✓�
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Vli1}yL1+�lJP�I G IV4 I
(C) Administrative Design Review and Approval. All accessory we prig tiiiity sfia mec ie
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. The accessory dwelling unit(s) shall not be greater- than 1200
square feet of habitable space per lot.
(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.
(3) Parking. For accessory dwelling unit(s) with individual or combined habitable space
greater than 800 square feet, one (1) parking space sltall be provided on-site. Required
parking for the accessory dwelling unit is ill addition to the recluired parking lisr 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 acljaceatt to the subject property.
(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one detached and
one attached or interior accessory dwelling unit provided the combined square footage does
not exceed 1200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements
of the Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified
Development Code.
(6) Maximum Occupancy of the Accessory Dwelling Units, A maximum of two (2) persons
shall be permitted to reside in an accessory dwelling unit. If two accessory dwelling units
are on the same lot, both accessary units arc limited to single occupancy or one 0Cthe units
must have no occupancy.
(7) Building Height and Stories.
a) A detached accessory dwelling unit shall be a maximum of 25 feet in height to the
roof peak measured from the existing adjacent grade.
b) An attached accessory dwelling unit may occupy a basement, first or second story
of a principal dwelling unit and shall not be, taller than the roof line of the principal
dwelling unit.
(D) Akrnrring COMMission Approval. An applicant may request approval from the Planning
Coiiunission of a variance frofn the maximum requirements for size (square fcct), height, and
Materials for an aceesscm-y dwelling "nil, where unique circumstances exist and the effect will not
tldversely affect ad joining or neigliboring property owners. The applicant shall provide notification
to adjacent property owners prior to the dale or the meeting.
1-111,w"a deA+r4 t ��e�.f
(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. The accessory dwelling unit(s) shall not be greater than 1200
square feet of habitable space per lot.
(2) Zoning. The accessory dwelling unit shall comply with X311 underlying zoning requ""Umcttts
including but not limited to building area, bulk and arca. and setbacks with the exception
of density limits.
(.3) Parking. For accessory dwelling unit(s) with individual or combined habitable space
greaser that) 800 square feet, one (1) parking spetcc shall be provided on-site. Required
parking for the accessory dwelling unit is in addition to (lie required parking for the:
principal dwelling unit. 011 -street panting May be counted towards the totirl parking
requirement where it is allowed in the public right-ofway adjacent to the subject property.
ins n.rn,.....�..�. ar.,---,-�- '
•.-...=..�.A; ,. u„ �UG� Ul '-V'AXsauty Dwelling units per Lot. A maximum of one detached and
one attached or interior accessory dwelling unit provided the combined square footage does
not exceed 1200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements
of the Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified
Development Code.
(6) Maximum Occupancy of the Accessory Dwelling Units. A inatximum of two (2) perscnts
shall be permitted to reside in an accessory dwelling unit. if two acc:essoty dwelling units
are on the same lot, both accessary units are limited to it 11,1xititu€17 of two (2) persons for
each accessory dwelling unit.
(7) Building Height and Stories.
a) A detached accessory dwelling unit shall be a maximum of 25 feet in height to the
roof peak measured from the existing adjacent grade.
b) An attached accessory dwelling unit may occupy a basement, first or second story
of a principal dwelling unit and shall not be taller than the rool'line of the principal
dwelling unit.
(D) 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.
(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. The accessory dwelling unit(s) shall not be greater than 1200
square feet of habitable space per lot.
(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.
(3) Parking. For accessory dwelling unit(s) with individual or combined habitable space
4 greater than 800 square feet, one (1) parking space shall be provided on-site. 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) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one detached and
one attached or interior accessory dwelling unit provided the combined square footage does
not exceed 1200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements
of the Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified
Development Code.
(6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (2) persons
shall be permitted to reside in an accessory dwelling unit. If two accessory dwelling units
are on the same lot, only two additional persons total shall be permitted to occupy these
units unless one accessory dwelling is occupied by a person who is member of the related
"Family" (see §151.01) occupying the primary house.
(7) Building Height and Stories.
a) A detached accessory dwelling unit shall be a maximum of 25 feet in height to the
roof peak measured from the existing adjacent grade.
b) An attached accessory dwelling unit may occupy a basement, first or second story
of a principal dwelling unit and shall not be taller than the roof line of the principal
dwelling unit.
(D) 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.
ry
V
Portland, Oregon —
20' or 15' if in rear yard setback
Columbia, MO —
Shall not exceed height of principal dwelling or 24' whichever is less
Minneapolis, MN —
Shall not exceed height of Principal dwelling or 20 feet whichever is less
Charlotte, NC
No taller than principle building
Ann Arbor, MI —
Detached 21 feet Attached 30 feet
Austin, TX —
30' feet detached —their ordinance doesn't allow detached ADUs
Smart Code 2 stories max
Branson, Lisa
From: CityClerk
Sent: Monday, June 18, 2018 2:58 PM
To: Bolinger, Bonnie; Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts,
Gina; Henson, Pam; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Lynch, Rhonda;
Mulford, Patti; Norton, Susan; Ramos, Eduardo; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh,
Sarah; Kinion, Mark; Tennant, Justin; Bunch, Sarah; La Tour, John; Smith, Kyle
Cc: Stoll, Garner
Subject: FW: Re Accessory Dwelling Ordinance discussion --please send to Mayor and Council members
From: Sun Flower <sunflowerwiks@gmail.com>
Sent: Monday, June 18, 2018 2:48 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Re Accessory Dwelling Ordinance discussion --please send to Mayor and Council members
I am opposed to any ordinance the City Council might pass in the near term amending the accessory dwelling units
section in the Unified Development Code.
This ordinance should be tabled until the following are considered:
1) A survey is being conducted by city staff for public input on infill policies and ordinances. That survey must be
completed, compiled, and taken into consideration by the staff, the planning commission, and the council, as part of the
planning process for any additional infill policies.
2) A stormwater survey will soon be undertaken. That survey should be completed, compiled, and taken into
consideration by the staff, the planning commission, and the council, as part of the planning process for any additional
infill policies.
In addition, I am concerned that the approach the council is taking to create affordable housing is misinformed.
Affordable housing will only remain affordable, that is lower than market rates, if subsidized by a public entity. A recent
report from the National Low Income Housing Coalition states that there is no housing market in the US, including
Arkansas, in which an hourly paid worker with full-time employment can afford a fairly priced two-bedroom apartment
in any state in the country.
The law of supply and demand mandates that the rent for privately held units, whether in someone's backyard or in a
new high rise apartment building will rise to the current market price, that is already unaffordable.
I strongly urge the tabling of this ordinance to allow for the appropriate planning process to be completed.
Margaret Ann Holcomb
<sunflowerwi ks@Rmail.com>
CityClerk
From: Keaton Smith <kwsmithl200@icloud.com>
Sent: Tuesday, July 03, 2018 2:55 PM
To: CityClerk
Subject: In Support of ADU Changes
Please forward to the Council:
As a Fayetteville resident, business owner, property owner, sustainability advocate, and affordable housing non-profit
board member, I support the proposed ADU ordinance update.
Affordability and sustainability are two priorities that are consistently called out in our city plans and public input
processes.
Small homes are inherently affordable and sustainable. They are also in high demand. Unfortunately, it is challenging to
add new small units due to land and construction costs.
ADUs are unique because they allow new small homes to be built on existing lots, which helps solve the land cost
problem. They are sustainable because smaller homes have smaller energy, water and materials footprints, and they
allow for more transportation choices like walking, biking and public transit.
ADUs produce a more efficient, walkable land use pattern that makes more efficient use of natural resources and city
infrastructure, while increasing tax base and preserving farm land and natural areas.
Progressive cities around the countries are removing barriers to ADUs, and Fayetteville should too!
Keaton Smith
88 E 4th St
479-879-7922
Sent from my iPhone
Cit Clerk
From: John Coleman <john.coleman@entegritypartners.com>
Sent: Tuesday, July 03, 2018 1:47 PM
To: CityClerk
Subject: ADUs
Good afternoon,
I'll be out of town this evening and won't be able to attend tonight's City Council meeting, but I am
in favor of the code revisions for Accessory Dwelling Units being proposed. I'm a resident of the
Washington -Willow Neighborhood and know of two ADUs on our street. They're both very well done
aesthetically and have not caused any issues. ADUs are a great way to add appropriate density and
potentially more attainable housing in neighborhoods. With the new open -source ADU plans being
made available, my we are strongly considering a project on our property as well. I hope you will
approve the code revisions as presented.
Thank you,
John Coleman
Handed oast at the City Council Meeting 06/19/18.
DEPARTMENTAL CORRESPONDENCE
OFFICE, OF THE
CITY ATTORNEY"
TO: Mayor Jordan
City Council
CC: Sondra Smith, City Clerk
Don Marr, Chief of Staff
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Rhonda Lynch
Paralegal
Garner Stoll, Development Services Director '
FROM: Kit Williams, City Attorney
DATE: June 19, 2018 -�
RE: Accessory Dwelling Units: Limits on ADU maximum square feet
City Council Member Kyle Smith has suggested an amendment to the proposed
(1) Maximum Square Feet found in § 164.19 (c) (1) which currently proposes: "The
accessory dwelling unit(s) shall not be greater than 1,200 square feet of habitable space
per lot." Council Member Smith requests to remove that sentence and replace it with the
following:
(1) Maximum Habitable Space
Primary Dwelling
Habitable Space
Detached and Attached Accessory Dwelling
Maximum Habitable Space
Less than 600 square feet
Shall not exceed size of the primary dwelling
600 to 1350 square feet
At least 600 square feet, but up to 70% of primary
dwelling
Over 1350 square feet
Shall not exceed 950 square feet
If you believe this is the better language for "Maximum Square Feet", please move
to amend the ordinance accordingly. The currently proposed (4) limits "the combined
square footage... (to) not to exceed 1200 square feet." Therefore, this overall limit per lot
need not be repeated in (1).
Branson, Lisa
From: Ethel C. Simpson <esimpson@uark.edu>
Sent: Tuesday, June 26, 2018 7:59 PM
To: Smith, Sondra; Bolinger, Bonnie; Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads,
Gail; Roberts, Gina; Henson, Pam; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Jordan, Lioneld;
Lynch, Rhonda; Mulford, Patti; Norton, Susan; Ramos, Eduardo; Smith, Lorinda; Gray, Adella; Marsh,
Sarah; Kinion, Mark; Tennant, Justin; Bunch, Sarah; La Tour, John; Smith, Kyle
Subject: RE: Please forward to members of the City Council
My apologies for the inclusion of some of my MS -Word boiler -plate instructions,
Ethel Simpson
Fayetteville AR
From: Smith, Sondra [mailto:ssmith@fayetteville-ar.gov]
Sent: Tuesday, June 26, 2018 6:17 PM
To: Bolinger, Bonnie <bbolinger@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>;
citycouncil@matthewpetty.org; Marr, Don <dmarr@fayetteville-ar.gov>; Eads, Gail <geads@fayetteville-ar.gov>;
Roberts, Gina <groberts@fayetteville-ar.gov>; Henson, Pam <phenson@fayetteville-ar.gov>; Johnson, Kimberly
<kjohnson@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Branson, Lisa <Ibranson@fayetteville-
ar.gov>; Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Lynch, Rhonda <rlynch@fayetteville-ar.gov>; Mulford, Patti
<pmulford@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Ramos, Eduardo <eramos@fayetteville-
ar.gov>; Smith, Lorinda <losmith@fayetteville-ar.gov>; Smith, Sondra <ssmith@fayetteville-ar.gov>; Gray, Adella
<wardl_posl@fayetteville-ar.gov>; Marsh, Sarah <wardl_post@fayetteville-ar.gov>; Kinion, Mark
<ward2_posl@fayetteville-ar.gov>; Tennant, Justin <ward3_pos1@fayetteville-ar.gov>; Bunch, Sarah
<ward3_pos2@fayetteville-ar.gov>; La Tour, John <ward4_posl@fayetteville-ar.gov>; Smith, Kyle
<ward4_pos2@fayetteville-ar.gov>
Cc: Ethel C. Simpson <esimpson@uark.edu>
Subject: FW: Please forward to members of the City Council
From: Ethel C. Simpson [mailtn:esimpson@uark.edu]
Sent: Tuesday, June 26, 2018 3:14 PM
To: Smith, Sondra <ssmith@fayetteville-ar.gov>
Subject: Please forward to members of the City Council
To members of the City Council:
While I am not per se opposed to accessory dwelling units, I believe that, in discarding so many of the controls imposed
by the existing ordinance, the City will adversely affect the character and quality of life of our University Heights
neighborhood. In your eagerness to welcome newcomers to advance Fayetteville's future economic success, you should
not disregard the concerns of so many established residents who have helped to make Fayetteville the vibrant, diverse,
and beautiful city it is today.
My opinion is that in its eagerness towards "infill" the City should focus on areas in the city where people might walk to
services like schools, stores, offices, and recreational or health facilities like parks and gyms. This kind of infill can
provide housing options like apartments or town houses or mixed-use buildings like shops and offices in the same multi-
story building. In our neighborhood several houses already have accessory dwelling units. Some were created in
violation of existing ordinances at the time; some go back to the postwar student boom. Some of our irregular terrain is
well suited to basement or split-level construction for a single structure with two residences. In the cases I know of, the
owner occupied the main residence and rented the basement or garage apartment. Aside from the initial indignation at
the violation of the ordinance, I don't think there was much negative response to those, except when there is an issue of
enforcement of the occupancy or parking regulations.
The difficulty comes when someone (often the parents of a college student) acquires a large house on a not very large
lot and rents the extra rooms to other students, who generally have cars or pickup trucks that don't have a place to park.
The students' needs for company, recreation, and transportation impinge upon the expectations of the neighbors of
peace and quiet and uncongested streets. University Heights already is affected by student -occupied housing along our
narrow streets. When the property owner lives in Texas or south Arkansas, any protest of this conflict is not likely to
succeed. Auxiliary dwelling units would exacerbate an already challenging situation.
Not only would the revisions enable absentee landlords in the present, but apparently the revision eliminates the
obligation that when the property is sold, the restrictions would bind the purchaser. it would also do away entirely with
restrictions on preservation of trees on the property.
For these reasons, I ask that the Council preserve these crucial provisions of the ordinance. I don't believe that a one -
size -fits -all plan is the best way to address the questions of more, and more -accessible, housing.
Ethel C. Simpson
409 N. Oliver Avenue
FavP.ttPvi11P_AR 77_701
(479) 442-2925
Branson, Lisa
From: Smith, Sondra
Sent: Tuesday, June 26, 2018 6:16 PM
To: Bolinger, Bonnie; Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts,
Gina; Henson, Pam; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Lynch, Rhonda;
Mulford, Patti; Norton, Susan; Ramos, Eduardo; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh,
Sarah; Kinion, Mark; Tennant, Justin; Bunch, Sarah; La Tour, John; Smith, Kyle
Cc: lisa_m_orton@yahoo.com
Subject: FW: Accessory dwelling unit on property
From: Lisa Orton [mailto:lisa_m_orton@yahoo.com]
Sent: Tuesday, June 26, 2018 3:17 PM
To: Smith, Sondra <ssmith@fayetteville-ar.gov>
Subject: Fw: Accessory dwelling unit on property
Dear Sondra,
I have received many requests from my neighbors to send my letter to you. Will you please forward it to all on
the City Council?
Thanks,
Lisa
from Yahoo Mail on Android
----- Forwarded Message -----
From: "Lisa Orton" <lisa m orton(a)yahoo.com>
To: "Kyle Smith" <0yc❑unci1aky1e4fay.or9>, "University Heights Neighborhood Association"
<university-heig hts-na � I istserv. ua rk . ed u>
Cc:
Sent: Tue, Jun 26, 2018 at 9:10 AM
Subject: Accessory dwelling unit on property
Dear Kyle,
I don't want to see our University Heights neighborhood become student housing and rental properties but
remain lower density residential for people to live here for years. Limiting the size of the accessory dwelling
unit and requiring the property owner to live in either the main house or the accessory dwelling unit would
prevent property owners from simply using the two dwellings as rental properties and living elsewhere. If you
allow the latter to be possible, our neighborhood will soon become student housing. Please help us protect our
neighborhood so we can remain lower density residential and home owners who have lived here or plan to live
here for years.
Thank you for your help.
Sincerely,
Lisa Orton
CityClerk
From: David W. Hart <greycap@uark.edu>
Sent: Wednesday, July 18, 2018 4:07 PM
To: CityClerk
Subject: Proposal to change Accessory Dwelling Unit regulations
Please put this message in the mailboxes of the mayor and all the city council members:
I strongly object to the proposal to REMOVE from the regulations for Accessory Dwelling Units
the requirement that the property owner must reside in one of the two dwellings. The stated
objective of the entire proposal is to enable extended families to live in close proximity. But if
the property owner is not to be in either of the dwellings then there is no expectation that
extended families will live there.
In actual fact, in my neighborhood—just west of the university campus—the result will be to
establish two rental properties where only one had existed before. I do not object to rental
properties in principle, but the proposed change will not promote extended -family residence,
h.+ ;nr•tnarJ IAI;II In -IA to thn nrnlifnr-Minn r f tranciAnt rncirIontc rhanaina awant %/A7r nr 'nworw
....r «�. .n vv ... .v.., ... �v 1.. r. v ... ............. — .. .... .........1 . ... ..... 1 ... ...,..a. .a . `. / , -- - - - /
semester.
I urge you to retain the owner -in -residence rule as part of the stated objective of the proposed
change.
David W Hart
1549 Markham Road
Tom Overbey
1855 West Pratt Drive
Fayetteville, Arkansas 72701-4874
Telephone 479-442-3554
Email address: T1TLOTT@gmail.com
July 19, 2018
TO: Ordinance Review Committee
City of Fayetteville
RE: Accessory Dwelling Units
I understand the positive aspects of this ordinance change. The main
problem is its application to neighborhoods near the University of Arkansas. As
you know, a great number of homes in the neighborhoods have been converted
from their historical use by families into student housing. The proposed ADU
ordinance has the potential to accelerate this trend.
I was going to detail the number of homes on the streets nearest our home
that are now student housing. I will refrain but it is over 75%. That is not
inherently bad but there are decidedly negative effects that are not being dealt
with effectively.
The houses occupied by students are the ones where the trash carts sit out
on the street or in the front yards for days on end. The carts are often overflowing
with trash, mostly beer cans. The occupants park their vehicles in the yards of the
houses. And the number of vehicles grows from 3 or more normally into many,
many more on the weekends. The yards are often not mowed very often.
Maintenance of the house is often neglected. If you have any doubts, let me give
you a tour.
The ADU ordinance is going to increase the potential for these issues.
Unfortunately, I do not have a reasonable solution to propose. The code
compliance procedures of the City are all that are available now. While the code
compliance office does its best to deal with the problems when they occur, it
would be helpful to find a solution that avoids a complaint driven atmosphere.
Thanks.
cc: Mayor Jordan
Kit Williams
NORTHWEST ARKANSAS
Democrat 'Atoazette
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. 6076
Was inserted in the Regular Edition on:
August 16, 2018
Publication Charges $ 314.60
OME:7 WZ-e,.3
Cathy Wiles
Subscribed and sworn to before me
This -Li day of OAS- , 2018.
Ja""" qj,",)---
Notary Public
My Commission Expires: 2412- 22�j
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinnncc 6076
File Numbcr 3018-0144
ADM I8-6094 (AMEND UDC
164.19/ACCIiSSORY
DWELLING UNIT -S)
AN ORDINANCI: TO AMEND
§ 164 19 ACCESSORY
DWELLING UNITS 01:111E
UNIFIM DEVELOPMENT
CODE "fO f:NCOURAGF'['IIF.
CONS-17RUCT]ON OF MORE
ACCESSORY DWELLING
UNITS IN FAYG'I-I"IiVILLIi:
WHERP.AS, removing
inipedinienis to building
accessory dii'clhng units will
support the goals of City Plan
2030 by making appropnale
infill and rcvitallz;ilion the City's
highest priority (Goal I) and
creating opportunities for
attainable housing (Goal 6).
NOW, "1-11EREFORI:, BE rf
ORDAINED BY TI Ili CrrY
COUNCIL. 01: THE CI"f Y OF
FAYEI"FEV11.L.E,
ARKANSAS
Section l:'i het the City Council
of the C i I y o1• Pa yeIIcviIIC,
Arkansas hereby repeals
164 19 Accessory Dwelling
Unils and enacts a new § 164 19
as Billows:
" (A) Purpose Accessoty
dwelling amts arc allowed in
certain siturdlons lo:
o Create new housing
units while respecting [lie
chamcler and pallern of"small
scale Iradilrorud town form;
o Increase the
housing stock ol'existing
neighborhoods in a mmincr Thal
is compatible wnh established
massing, swig, and dcwlopnicnl
pallcrns:
o Allow niore
erlicient use ol'emslrng housing
stock and rill"raSlrnclllrc:
n Provide a means for
resILIClll%, particularly seniors,
single parents, and Gunrhcs with
grown children, to remain in
Illeir homes and ncrghborhoods,
and obtain extra inconic.
sccurily, companionship and
services: and
o Piovidc a broi der
r;mgc oraccessible and more
attainable housing."
(13) Intent Pkmning
slarrshall evaluate the following
criteria for the review and
approval of mi accessory
chvclling unit apphcnlloll.
(C•)
(I) rhe properly shall
have rill"rislrucwrc liv;ucr.
sewer, gas, electric, etc ) [hilt meets
City standards to serve the
accessory dwelling unit.
(2) A Iwo (2) story,
accessory dwelling unit shall limit
the major access stairs, decks, envy
doors, and major windows to the
walls facing the principal dwelling,
or to the alley if applicable,
Windows Ilial impact the privacy of
the neighboring side or rear yard
shall be minimized.
(3) "I'hc orientation and
location of buildings, structures,
open spaces and other liatures of
the site should protect and maintain
natural resources including
significant trees and shrubs to the
extent Icasiblc and minimize
alteration ofnatural land Porins.
131.111ding profiles, location and
orientation should relate to natural
land fornis.
(D) Adminislralive Design
Revicw and Approval. All
accessory dwelling units shall meet
the Billowing standards for
administrative approval by Die
Zoning and Development
Administrator, Prior to approval of
an accessory dwelling unit, the
%oiling and Development
Adniinislralor shall find that
(1) Maximum Square
Feel. 'file accessory dwelling
unr(s) shall not be greater than
1200 square feel of habilable space
per lot.
(2) Zoning. The accessory
dwelling unit shall comply with all
underlying -/_oning requirements
including but not limited to
building arca, bulk and arca. and
setbacks with the exception of
density limits.
(3) Parking, for accessory
(hvclling unil(s) with individual or
combined habitable space greater
Than 800 square feel, one (1)
parking space shall be provided on-
site. 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 lolal parking
regmremenl where it is allowed in
the public right -of way;i iacenl to
die suli_iecl property
(4) Maximum Number ol•
Accessory Dwelling Unrls per Lot
A maximum of one dclachcd and
one attached or interior accessory
dwcl6ng unit provided the
combined square footage docs not
exceed 1200 square fleet
(5) Other Code
Requirements, l"he accessory
RECEIVED
AUG '2 3 2018
rrramrKr
Vr rm
rj Z; iA 5 0r IC
dwelling unit shall comply with the
rcquircmcnls of the Arkansas Fire
Prevcnlion Code as adopted in
Section 173.02oftheUnified
Development Code
(6) Maximum Occupancy
of the Accessory Dwelling Unit. A
maximum of two (2) persons shall be
Permitted to reside in an accessory
dwelling unit- If Iwo accessory
dwelling units are on the same lot,
only two additional persons total For
the lot shall be perniitled to occupy
these units unless one accessory
dwelling is occupied by a person
who is a member of the related
'family' (sec `151.01) occupying the
primary house,
(7) Building Height and
Stories.
a) A dclachcd accessory
dwelling unit shall be a maximum of
Iwo stories,
b) An attached accessory
dwelling unit may occupy a
basement, firs) or second story of a
principal dwelling unit and shall not
be taller than the roof line orthe
principal dwelling unit,
(L') Planning Commission
Approval An applicant may request
approval from the Planning
Commission of a variance frorn the
maxinwm requirements fur size
(square feel), 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 dale of
the meeting.
(F) Existing Detached
Second (Accessory) Dwelling 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."
PASSED and APPROVED on
8/7/2018
Approved:
Lioneld Jordan, Mayor
Allest:
Sondra E. Smilh, City Clerk
Treasurer
74639490 Aug. 16, 2018
No
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinnncc 6076
File Numbcr 3018-0144
ADM I8-6094 (AMEND UDC
164.19/ACCIiSSORY
DWELLING UNIT -S)
AN ORDINANCI: TO AMEND
§ 164 19 ACCESSORY
DWELLING UNITS 01:111E
UNIFIM DEVELOPMENT
CODE "fO f:NCOURAGF'['IIF.
CONS-17RUCT]ON OF MORE
ACCESSORY DWELLING
UNITS IN FAYG'I-I"IiVILLIi:
WHERP.AS, removing
inipedinienis to building
accessory dii'clhng units will
support the goals of City Plan
2030 by making appropnale
infill and rcvitallz;ilion the City's
highest priority (Goal I) and
creating opportunities for
attainable housing (Goal 6).
NOW, "1-11EREFORI:, BE rf
ORDAINED BY TI Ili CrrY
COUNCIL. 01: THE CI"f Y OF
FAYEI"FEV11.L.E,
ARKANSAS
Section l:'i het the City Council
of the C i I y o1• Pa yeIIcviIIC,
Arkansas hereby repeals
164 19 Accessory Dwelling
Unils and enacts a new § 164 19
as Billows:
" (A) Purpose Accessoty
dwelling amts arc allowed in
certain siturdlons lo:
o Create new housing
units while respecting [lie
chamcler and pallern of"small
scale Iradilrorud town form;
o Increase the
housing stock ol'existing
neighborhoods in a mmincr Thal
is compatible wnh established
massing, swig, and dcwlopnicnl
pallcrns:
o Allow niore
erlicient use ol'emslrng housing
stock and rill"raSlrnclllrc:
n Provide a means for
resILIClll%, particularly seniors,
single parents, and Gunrhcs with
grown children, to remain in
Illeir homes and ncrghborhoods,
and obtain extra inconic.
sccurily, companionship and
services: and
o Piovidc a broi der
r;mgc oraccessible and more
attainable housing."
(13) Intent Pkmning
slarrshall evaluate the following
criteria for the review and
approval of mi accessory
chvclling unit apphcnlloll.
(C•)
(I) rhe properly shall
have rill"rislrucwrc liv;ucr.
sewer, gas, electric, etc ) [hilt meets
City standards to serve the
accessory dwelling unit.
(2) A Iwo (2) story,
accessory dwelling unit shall limit
the major access stairs, decks, envy
doors, and major windows to the
walls facing the principal dwelling,
or to the alley if applicable,
Windows Ilial impact the privacy of
the neighboring side or rear yard
shall be minimized.
(3) "I'hc orientation and
location of buildings, structures,
open spaces and other liatures of
the site should protect and maintain
natural resources including
significant trees and shrubs to the
extent Icasiblc and minimize
alteration ofnatural land Porins.
131.111ding profiles, location and
orientation should relate to natural
land fornis.
(D) Adminislralive Design
Revicw and Approval. All
accessory dwelling units shall meet
the Billowing standards for
administrative approval by Die
Zoning and Development
Administrator, Prior to approval of
an accessory dwelling unit, the
%oiling and Development
Adniinislralor shall find that
(1) Maximum Square
Feel. 'file accessory dwelling
unr(s) shall not be greater than
1200 square feel of habilable space
per lot.
(2) Zoning. The accessory
dwelling unit shall comply with all
underlying -/_oning requirements
including but not limited to
building arca, bulk and arca. and
setbacks with the exception of
density limits.
(3) Parking, for accessory
(hvclling unil(s) with individual or
combined habitable space greater
Than 800 square feel, one (1)
parking space shall be provided on-
site. 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 lolal parking
regmremenl where it is allowed in
the public right -of way;i iacenl to
die suli_iecl property
(4) Maximum Number ol•
Accessory Dwelling Unrls per Lot
A maximum of one dclachcd and
one attached or interior accessory
dwcl6ng unit provided the
combined square footage docs not
exceed 1200 square fleet
(5) Other Code
Requirements, l"he accessory
RECEIVED
AUG '2 3 2018
rrramrKr
Vr rm
rj Z; iA 5 0r IC
dwelling unit shall comply with the
rcquircmcnls of the Arkansas Fire
Prevcnlion Code as adopted in
Section 173.02oftheUnified
Development Code
(6) Maximum Occupancy
of the Accessory Dwelling Unit. A
maximum of two (2) persons shall be
Permitted to reside in an accessory
dwelling unit- If Iwo accessory
dwelling units are on the same lot,
only two additional persons total For
the lot shall be perniitled to occupy
these units unless one accessory
dwelling is occupied by a person
who is a member of the related
'family' (sec `151.01) occupying the
primary house,
(7) Building Height and
Stories.
a) A dclachcd accessory
dwelling unit shall be a maximum of
Iwo stories,
b) An attached accessory
dwelling unit may occupy a
basement, firs) or second story of a
principal dwelling unit and shall not
be taller than the roof line orthe
principal dwelling unit,
(L') Planning Commission
Approval An applicant may request
approval from the Planning
Commission of a variance frorn the
maxinwm requirements fur size
(square feel), 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 dale of
the meeting.
(F) Existing Detached
Second (Accessory) Dwelling 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."
PASSED and APPROVED on
8/7/2018
Approved:
Lioneld Jordan, Mayor
Allest:
Sondra E. Smilh, City Clerk
Treasurer
74639490 Aug. 16, 2018