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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 ✓� %XJ Cal' UN I+f �7 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