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HomeMy WebLinkAboutORDINANCE 6087tLA E'hr 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6087 File Number: 2018-0372 ADM 18-6259: (AMEND UDC CHAPTERS 151 and 164, MODEL HOMES): AN ORDINANCE TO AMEND § - 151.01 DEFINITIONS AND § 164.01 ACCESSORY COMMERCIAL USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW MODEL HOMES IN SUBDIVISIONS WHEREAS, the City has heard from several larger home builders a desire to build model homes while a subdivision is undergoing the preliminary plat process, which is currently not allowed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by enacting a new definition of "Model Home" as follows: "Model Home: A dwelling unit utilized for display purposes which typifies the type of units to be constructed and available for sale in a subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision. The model home shall not be used as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the subdivision." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §164.01 Accessory Commercial Uses by enacting a new subsection (A) as follows and renumbering the remaining subsections accordingly: "(A) Permitted accessory uses in districts that allow single-family dwellings: 1. Model Home. In single-family detached subdivisions undergoing the preliminary and Page 1 Printed on 915118 Ordinance: 6087 File Number.- 2018-0372 ............... final plat process, building permits for model homes may be issued prior to final plat and subject to the following provisions. a. A subdivision of 10 single family lots or fewer may have one model home; subdivisions of 11 to 20 single family lots may have two model homes. A subdivision of 21 or more single family lots may have three model homes. b. The preliminary plat of the subdivision has been approved. The model home lots may be indicated on the preliminary plat for planning purposes. c. Proposed lot property corners of all lots proposed for a model home have been set by a licensed, professional land surveyor in accordance with the approved preliminary plat lot configuration. d. An applicant shall provide a building permit application and all required submittal documents for each model home. e. Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per preliminary plat approval. f. The lots to be developed with a model home must meet one of the following access options: L Frontage upon an existing public street; or ii.The Fire Department must grant approval of temporary access road proposed to the model home. g. A traffic control plan shall be presented to the satisfaction of the Fire Department and City Engineer to minimize conflicts between construction and model home traffic. h. Parking in yards or other unpaved surfaces is not permitted for the model home. Parking may be provided in the driveway, garage, or on street if the street allows parking. Unless otherwise approved as a conditional use permit, parking lots for model homes are not permitted. L Stormwater and drainage facilities necessary for the areas of the subdivision serving the model home(s) are in place and functional to the satisfaction of the City Engineer. j. There must be an approved and available water source for connection with the model home sites. Additionally, a fire hydrant must be within 250 feet of a model home's property line. A fire hydrant shall be in good working order and shall be capable of delivering the required fire flow. k. Use of the model homes for a sales office shall require inspection and approval for compliance with applicable building and fire codes. 1. Occupation as or conversion into a residential use shall require inspection and approval of all required improvements that directly or indirectly affect the model home and shall not be permitted until after recordation of the final plat. in. If a model home is constructed in a preliminary plat that expires and no extension has been granted, the model home and all associated improvements, Page 2 Printed on 915118 Ordinance: 6087 File Number: 2018-0372 including but not limited to any temporary sales office, shall be removed within 120 days of the expiration of preliminary plat. n. A model home shall be converted into a residential use within 120 days of approval of the issuance of a building permit for the final undeveloped lot of the final phase of the subdivision." PASSED and APPROVED on 9/4/2018 Approved: Lioneld Jordan, Attest: Sondra E. Smith, City Clerk Tre%WMIsjlri�� ��� �i �.�t,;•G�-�'I Or • ��■. =C); F11`���E •}� Q' J • Page 3 Printed on 915118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0372 Agenda Date: 9/4/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 ADM 18-6259: (AMEND UDC CHAPTERS 151 and 164, MODEL HOMES): AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 164.01 ACCESSORY COMMERCIAL USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW MODEL HOMES IN SUBDIVISIONS WHEREAS, the City has heard from several larger home builders a desire to build model homes while a subdivision is undergoing the preliminary plat process, which is currently not allowed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01 Definitions by enacting a new definition of "Model Home" as follows: "Model Home: A dwelling unit utilized for display purposes which typifies the type of units to be constructed and available for sale in a subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision. The model home shall not be used as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the subdivision." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.01 Accessory Commercial Uses by enacting a new subsection (A) as follows and renumbering the remaining subsections accordingly: "(A) Permitted accessory uses in districts that allow single-family dwellings: 1. Model Home. In single-family detached subdivisions undergoing the preliminary and final plat process, building permits for model homes may be issued prior to final plat and subject to the following provisions. a. A subdivision of 10 single family lots or fewer may have one model home; subdivisions of 11 to 20 single family lots may have two model homes. A subdivision of 21 or more single family lots may have three model homes. b. The preliminary plat of the subdivision has been approved. The model home lots may be indicated on the preliminary plat for planning purposes. City of Fayetteville, Arkansas Page 1 Printed on 91512018 File Number: 2018-0372 C. Proposed lot property corners of all lots proposed for a model home have been set by a licensed, professional land surveyor in accordance with the approved preliminary plat lot configuration. d. An applicant shall provide a building permit application and all required submittal documents for each model home. e. Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per preliminary plat approval. f. The lots to be developed with a model home must meet one of the following access options: i. Frontage upon an existing public street; or ii. The Fire Department must grant approval of temporary access road proposed to the model home. g. A traffic control plan shall be presented to the satisfaction of the Fire Department and City Engineer to minimize conflicts between construction and model home traffic. h. Parking in yards or other unpaved surfaces is not permitted for the model home. Parking may be provided in the driveway, garage, or on street if the street allows parking. Unless otherwise approved as a conditional use permit, parking lots for model homes are not permitted. i. Stormwater and drainage facilities necessary for the areas of the subdivision serving the model home(s) are in place and functional to the satisfaction of the City Engineer. j. There must be an approved and available water source for connection with the model home sites. Additionally, a fire hydrant must be within 250 feet of a model home's property line. A fire hydrant shall be in good working order and shall be capable of delivering the required fire flow. k. Use of the model homes for a sales office shall require inspection and approval for compliance with applicable building and fire codes. 1. Occupation as or conversion into a residential use shall require inspection and approval of all required improvements that directly or indirectly affect the model home and shall not be permitted until after recordation of the final plat. in. If a model home is constructed in a preliminary plat that expires and no extension has been granted, the model home and all associated improvements, including but not limited to any temporary sales office, shall be removed within 120 days of the expiration of preliminary plat. n. A model home shall be converted into a residential use within 120 days of approval of the issuance of a building permit for the final undeveloped lot of the final phase of the subdivision." City of Fayetteville, Arkansas Page 2 Printed on 9/5/2018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0372 Legistar File ID 9/4/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/8/2018 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: ADM 18-6259: Administrative Item (Amend UDC chapters 151 and 164: Subdivision model homes): Submitted by the City Planning Division for revisions to UDC Chapter 151 and 164. The proposed code changes would allow model homes in subdivisions. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILL.E ARKANSAS MEETING OF SEPTEMBER 4, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Garner Stoll, Development Services Director Andrew Garner, City Planning Director DATE: August 8, 2018 SUBJECT: ADM 18-6259: Administrative Item (Amend UDC chapters 151 and 164: subdivision model homes): Submitted by the City Planning Division for revisions to UDC Chapters 151 and 164. The proposed code changes would allow model homes in subdivisions. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to amend UDC Section Chapters 151 and 164 as described within this report. Background: Over the last several years, the City has heard from multiple larger home builders a desire to build model homes while a subdivision is undergoing the preliminary plat process and before final plat. This practice is generally not allowed by right under the Unified Development Code but by conditional use permit. DISCUSSION: The City Planning Division drafted code changes to allow subdivision model homes by right. Staff sent the draft code change to the larger home builders in the City for review and input. Suggestions from the home builders have been included into the current draft. Feedback has been positive for the proposed code change. Request: Staff requests that the City Council amend the Fayetteville Unified Development Code Chapters 151 and 164 to allow model homes to be built during the initial construction phase of a subdivision to increase marketing, sales, and profitability of the subdivision. The code changes are generally listed below and shown in the attached strikeout -highlight and clean versions of the code. Mailing Address: 113 W. Mountain Street www_fayetteville-ar.gov Fayetteville, AR 72701 Proposed Amendments for Model Homes • Allow model homes in single family detached subdivisions undergoing the preliminary and final plat process. ■ The preliminary plat must be approved before a building permit for a model home may be issued. • The lots to be developed with the model home(s) must have frontage on an existing public street or a temporary access road approved by the Fire Department. • A traffic control plan must be presented at the time of building permit to minimize conflicts between construction and model home traffic. • Parking lots for model homes are not permitted. • Use of model homes for a sales office requires inspection and approval for compliance with applicable building and fire codes. DISCUSSION: On July 9, 2018, the Planning Commission forwarded the proposed code changes to the City Council with a recommendation for approval by a vote of 9-0-0. At that meeting, the commission also discussed and recommended changes drafted by staff to modify the current fence codes. The fence code revisions are not a part of this current request. BUDGET/STAFF IMPACT: None Attachments: • Strikeout version of proposed UDC Code Changes • Proposed code changes UDC§ 164.01 Accessory Commercial Uses (A) Permitted accessory uses in districts that allow single-family dwellings: 1. Model Home. In single-family detached subdivisions undergoing the preliminary and final plat process, building permits for model homes may be issued prior to final plat and subject to the following provisions. a. A subdivision of 10 single family lots or fewer may have one model home; subdivisions of 11 to 20 single family lots may have two model homes. A subdivision of 21 or more single family lots may have three model homes. b. The preliminary plat of the subdivision has been approved. The model home lots may be indicated on the preliminary plat for planning purposes. c. Proposed lot property corners of all lots proposed for a model home have been set by a licensed, professional land surveyor in accordance with the approved preliminary plat lot configuration. d. An applicant shall provide a building permit application and all required submittal documents for each model home. e. Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per preliminary plat approval. f. The lots to be developed with a model home must meet one of the following access options: i. Frontage upon an existing public street; or ii. The Fire Department must grant approval of temporary access road proposed to the model home. g. A traffic control plan shall be presented to the satisfaction of the Fire Department and City Engineer to minimize conflicts between construction and model home traffic. h, Parking in yards or other unpaved surfaces is not permitted for the model home. Parking may be provided in the driveway, garage, or on street if the street allows parking. Unless otherwise approved as a conditional use permit, parking lots for model homes are not permitted. I. Stormwater and drainage facilities necessary for the areas of the subdivision serving the model home(s) are in place and functional to the satisfaction of the City Engineer. j. There must be an approved and available water source for connection with the model home sites. Additionally, a fire hydrant must be within 250 feet of a model home's property line. A fire hydrant shall be in good working order and shall be capable of delivering the required fire flow. k. Use of the model homes for a sales office shall require inspection and approval for compliance with applicable building and fire codes. I. Occupation as or conversion into a residential use shall require inspection and approval of all required improvements that directly or indirectly affect the model home and shall not be permitted until after recordation of the final plat. m. If a model home is constructed in a preliminary plat that expires and no extension has been granted, the model home and all associated improvements, including but not limited to any temporary sales office, shall be removed within 120 days of the expiration of preliminary plat. n. A model home shall be converted into a residential use within 120 days of approval of the issuance of a building permit for the final undeveloped lot of the final phase of the subdivision. UDC §151 Definitions Mode! Home: A dwelling unit utilized for display purposes which typifies the type of units to be constructed and available for sale in a subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision. The model home shall not be used as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the subdivision. UDC Amendments for Model Homes Clean Version UDC§ 164.01 Accessory Commercial Uses (A) Permitted accessory uses in districts that allow single-family dwellings. 1. Model Home In single-family detached subdivisions undergoing the preliminary and final plat process, building permits for model homes may be issued prior to final plat and subject to the following provisions. a. A subdivision of 10 single family lots or fewer may have one model home; subdivisions of 11 to 20 single family lots may have two model homes. A subdivision of 21 or more single family lots may have three model homes. b. The preliminary plat of the subdivision has been approved The model home lots may be indicated on the preliminary plat for planning purposes. c. Proposed lot property corners of all lots proposed for a model home have been set by a licensed, professional land surveyor in accordance with the approved preliminary plat lot configuration. d. An applicant shall provide a building permit application and all required submittal documents for each model home. e. Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per preliminary plat approval. f. The lots to be developed with a model home must meet one of the following access options: i. Frontage upon an existing public street; or ii. The Fire Department must grant approval of temporary access road proposed to the model home. g. A traffic control plan shall be presented to the satisfaction of the Fire Department and City Engineer to minimize conflicts between construction and model home traffic. h. Parking in yards or other unpaved surfaces is not permitted for the model home. Parking may be provided in the driveway, garage, or on street if the street allows parking. Unless otherwise approved as a conditional use permit, parking lots for model homes are not permitted. i Stormwater and drainage facilities necessary for the areas of the subdivision serving the model home(s) are in place and functional to the satisfaction of the City Engineer. j There must be an approved and available water source for connection with the model home sites Additionally, a fire hydrant must be within 250 feet of a model home's property line. A fire hydrant shall be in good working order and shall be capable of delivering the required fire flow. k. Use of the model homes for a sales office shall require inspection and approval for compliance with applicable building and fire codes. I Occupation as or conversion into a residential use shall require inspection and approval of all required improvements that directly or indirectly affect the model home and shall not be permitted until after recordation of the final plat. m If a model home is constructed in a preliminary plat that expires and no extension has been granted, the model home and all associated improvements, including but not limited to any temporary sales office, shall be removed within 120 days of the expiration of preliminary plat. UDC Amendments for Model Homes Clean Version n. A model home shall be converted into a residential use within 120 days of approval of the issuance of a building permit for the final undeveloped lot of the final phase of the subdivision. UDC §151 Definitions Model Home: A dwelling unit utilized for display purposes which typifies the type of units to be constructed and available for sale in a subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision. The model home shall not be used as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the subdivision. RECEIVED OCt 4 � Z018 NORTHWEST ARKANSAsclrr DF FAYETFEYILLE Democrat � r auw Y CLERK'S aFF1C 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. 6087 Was inserted in the Regular Edition on September 13, 2018 Publication Charges $ 270.40 Cathy Wiles Subscribed and sworn to before me This / day of DCS , 2018. j! 1, � � , "), Notary Public My Commission Expires: L//z% 2$ TANO-ly RUSHER Nctary Public --Arkansas Washington County Commission # 12703120 ',ly Ccmmi�sicn E*.pir;s 17cb 12- 2028 **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 6087 File Number: 2018-0372 ADM 18-6259: (AMEND UDC CHAPTERS 151 and 164, MODEL HOMES): AN ORDINANCE TO AMEND 151,01 DEFINITIONS AND § 164,01 ACCESSORY COMMERCIAL USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALLOW MODEL HOMES IN SUBDIVISIONS WHEREAS, the City has heard from several larger home builders a desire to build model homes while a subdivision is undergoing the preliminary plat process, which is currently not allowed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends $151.01 Definitions by enacting a new definition of "Model I -Ionic" as follows: "Model Home: A dwelling unil utilized for display purposes which typifies the type of units to be constructed and available for sale in a subdivision. A model homc is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision, The model homc shall not be used as a branch real estate office for conducting business unrelated to the nnarkoing of homes and lots within the subdivision " Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164,01 Accessory Commercial Uses by enacting a new subsection (A) as follows and renumbering the remaining subsections accordingly: "(A) Permitted accessory uses in districts That allow single-family dwellings: 1. Model I -tonic, In single-family detached subdivisions undergoing the preliminary and final plat process, budding parnrils for model homes may be issued prior to Final plat and subjccl la the following Provisions. a A subdivision of 10 single family lots or fewer may have one model home; subdivisions of I I to 20 single family lots may have two model homes, A subdivision u1`21 or more single family lots may, have three model homes. b The preliminary plat of the subdivision has been approved The model home lots may be indicated on the preliminary plat for planning Purposes. C. Proposed lot property corners of all lots proposed for a model home have been set by a licensed, professional land surveyor in accordance with the approved preliminary plat lot configuration. d. An applicant shall provide a building petntil application and all required submittal documents f'or each model homc. c- Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per preliminary plat approval. f The lots to be developed with a model home most meet one of the following access options: i, Frontage upon an existing public street; or It. 'file Fire Department in List grant approval of temporary access road proposed to the model home g. A traffic control plan shall be presented to the satisfaction of the Fire Department and City Engineer to minimize conflicts between construction and model home lraific- h Parking in yards or other unpaved surfaces is not permitted for the model homc Parking may be provided in the driveway, garage, or on street if the street allows parking. Unless otherwise approved as a conditional use permit, parking lots for model homes are not permitted. L Slonnwater and drainage facilities necessary for the areas of the subdivision serving the model honrc(s) are in place and functional to the satisfaction of the City Engineer, j There most be an approved and available water source fur connection with the model home sites. Additionally, it fire hydrant most be within 250 fcel of a model tonic's properly line A fire hydrant shall be un good working order and shall be capable ofdelivering the required fire flow, k. Use of the model homes for a sales office shall require inspection and approval for compliance with applicable building and fire codes I Occupation as or conversion into a residential use shall require inspection and approval of all required improvements that directly or indirectly affect the nnodcl homc and shall not be permitted until alter recordation of the final plat. In. If a nnodel home is constructed in a preliminary plat that expires and no extension has been granted, the model home and all associated improvements, including but not limited to any Icmpomry sales office, shall be removed within 120 days of the expiration of preliminary plat, n. A model home shall be converted into a residential use within 120 days of approval of the issuance ora building permit for the final undeveloped lot orthe final phase of the subdivision," PASSED and APPROVED on 9/4/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74669854 Sept. 13th 2018