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��
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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