Loading...
HomeMy WebLinkAboutOrdinance 6565113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6565 File Number: 2022-0296 REPEAL §163.12 TANDEM LOT DEVELOPMENT AND ENACT §164.25 TANDEM LOT DEVELOPMENT: AN ORDINANCE TO REPEAL § 163.12 TANDEM LOT DEVELOPMENT AND ENACT § 164.25 TANDEM LOT DEVELOPMENT IN THE UNIFIED DEVELOPMENT CODE TO PROVIDE AN ADMINISTRATIVE APPROVAL PROCESS FOR TANDEM LOT DEVELOPMENT WHEREAS, the creation of a tandem lot currently requires approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, on March 28, 2022, the Planning Commission voted to forward an amendment to the Unified Development Code for City Council consideration that would provide an administrative approval process for proposed tandem lots that meet the minimum lot size and access requirements. 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 § 163.12 Tandem Lot Development of the Unified Development Code in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.25 Tandem Lot Development into the Unified Development Code as shown in Exhibit A attached hereto and made a part hereof. PASSED and APPROVED on 5/3/2022 Page 1 Printed on 514122 Ordinance: 6565 File Number.- 2022-0296 Approved: A Lioneld Jordan, Mayorf Attest: +,'��4�K trrryfri `��G.•G1�Yu�• uG G� ri FAYETTEVILLE ; _ Kara Paxton, City Clerk Treasurer Page 2 Printed on 514122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0296 Agenda Date: 5/3/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 REPEAL §163.12 TANDEM LOT DEVELOPMENT AND ENACT §164.25 TANDEM LOT DEVELOPMENT: AN ORDINANCE TO REPEAL § 163.12 TANDEM LOT DEVELOPMENT AND ENACT § 164.25 TANDEM LOT DEVELOPMENT IN THE UNIFIED DEVELOPMENT CODE TO PROVIDE AN ADMINISTRATIVE APPROVAL PROCESS FOR TANDEM LOT DEVELOPMENT WHEREAS, the creation of a tandem lot currently requires approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, on March 28, 2022, the Planning Commission voted to forward an amendment to the Unified Development Code for City Council consideration that would provide an administrative approval process for proposed tandem lots that meet the minimum lot size and access requirements. 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 § 163.12 Tandem Lot Development of the Unified Development Code in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.25 Tandem Lot Development into the Unified Development Code as shown in Exhibit A attached hereto and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 51412022 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2022-0296 Legistar File ID 5/3/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2022 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: Approve ADM-2022-0020: Administrative Item: (Amend UDC Chapter 163 — Use Conditions): Submitted by CITY STAFF AND THE PLANNING COMMISSION. The proposed code change would amend setback requirements for tandem lots and provide for administrative approval. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # 5313 Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 3, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Jonathan Curth, Development Services Director Fayetteville Planning Commission Britin Bostick, Long Range Planning/Special Projects Manager DATE: April 15, 2022 SUBJECT: ADM-2022-0020: Administrative Item: (Amend UDC Chapter 163 — Use Conditions): Submitted by CITY STAFF AND THE PLANNING COMMISSION. The proposed code change would amend setback requirements for tandem lots and provide for administrative approval. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code repealing § 163.12, Tandem Lot Development in Chapter 163, Use Conditions, and enacting §164.25, Tandem Lot Development in Chapter 164, Supplemental Zoning Regulations and Specialized Development Regulations, which will provide an administrative approval process for tandem lot development rather than requiring Planning Commission approval of a conditional use permit. BACKGROUND: The purpose of Tandem Lot Development is to utilize land for development that does not meet the typical zoning district requirement for minimum street frontage. One approach to potentially increase the supply of housing within our region is to encourage the construction of Tandem Lots where appropriate. Per the Fayetteville Unified Development Code (UDC), a Tandem Lot is, "A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot." Also known as "flag", "hammerhead" and "pork chop" lots, this lot type is used to subdivide properties to a "front' and "back" lot configuration, with one lot retaining the majority of or all of the street frontage, rather than splitting a lot to a side - by -side configuration with equal street frontage for both lots. This approach to lot creation allows for housing to be built in "back yard" areas, which may produce additional infill housing locations where street frontage widths may not accommodate more traditional lot splits. Tandem Lots allow the creation of additional detached single-family housing without the construction of additional infrastructure as they are served by existing street networks and utilities. Lots suitable for the Tandem Lot approach are often parcels located in areas of challenging topography, in areas where the street grid is incomplete, or in neighborhoods with irregular lot sizes and configurations. Currently the UDC allows for Tandem Lot Development as a conditional use for lots in zoning districts that allow single-family structures. The current building setback for all Tandem Lots, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 regardless of the underlying zoning district standards, is 15 feet. By contrast, building setbacks vary in the zoning districts which permit single-family dwellings. The low -density Residential - Agricultural (R-A) zoning district requires side and rear setbacks of 35 feet, and the high -density Residential Multi -family - Twenty -Four (24) Units per Acre (RMF-24) requires side and rear setbacks of 5 feet when abutting single-family uses. The single building setback dimension of 15 feet established for all Tandem Lots is not consistent with the required building setbacks for many of the applicable zoning districts, which have deeper or more shallow required setbacks than 15 feet depending on the zoning district's intended density and intensity of uses. DISCUSSION: Tandem Lots facilitate three of the City Plan 2040 goals, which are: • Goal 1 — We will make appropriate infill and revitalization our highest priority • Goal 3 — We will make compact, complete, and connected development the standard • Goal 6 — We will create opportunities for attainable housing By adjusting the required building setbacks from a uniform 15 feet to be aligned with the required building setbacks for the applicable zoning district, the requirements for development on Tandem Lots will be more in keeping with Goal 1. Infill construction would have building setbacks more similar to the surroundings or established building setback requirements, particularly for zoning districts in which the setbacks are greater or less than the current 15 feet. This will allow for a more contextual development pattern and potentially more flexible building siting on the tandem lot. The creation of Tandem Lots fulfills Goal 3 by facilitating compact development. Compact development is an efficient use of land that promotes a relatively high residential density with a mix of uses nearby. By providing for otherwise unavailable residential infill opportunities, Tandem Lots can help create more compact neighborhoods. The creation of Tandem Lots also has the potential to fulfill Goal 6 by increasing lot availability and reducing lot development or land costs that are associated with lots that require additional infrastructure. They also offer the potential for some property owners in infill locations to subdivide their property and convey a tandem lot to provide revenue. As land values increase, property owners may seek options to sell or develop existing properties with land area suitable for additional housing. Tandem Lots provide an option to do this for properties that meet lot size, use, and other zoning and development requirements, but which do not meet minimum street frontage standards. This expands the opportunity to property owners who may have deep back yards but limited street frontage. The uniform building setback of 15 feet is proposed to be changed as follows so that new single- family construction on tandem lots will be more consistent with the building setbacks of the underlying zoning districts: • Tandem Lot building setbacks shall be increased to 35 feet in the R-A, RSF-.5, and RSF- 1 zoning districts. • Tandem Lot building setbacks shall be increased to 30 feet in the RSF-2 zoning district. • Tandem Lot building setbacks shall remain 15 feet in the RSF-4 and RSF-7 zoning districts. • Tandem Lot building setbacks shall be reduced to 10 feet in the R-O zoning district. • Tandem Lot building setbacks shall be reduced to 5 feet in the RSF-8, RSF-18, RI-12, RI- U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS-G, CS, UT, DC, MSC, DG, and NC zoning districts. Tandem Lot Development is currently not allowed by right, but rather requires approval of a Conditional Use Permit (CUP) by the Planning Commission. Removing this requirement eliminates a regulatory barrier that may not be necessary where lot size and access standards are observed. For lots that do meet the minimum lot size and access requirements, the Tandem Lot request could be administratively approved. For lots that do not meet development requirements, a variance could be requested from the Planning Commission. For lots that do not meet zoning standards such as the minimum lot size requirement, a variance from the Board of Adjustment would be required. At their March 28, 2022 meeting, the Planning Commission evaluated the amendment described above before forwarding to the City Council, recommending approval. Commissioner Canada made the motion to forward with Commissioner Sparkman providing the second. A vote of 8-0-0 followed. Discussion was held on all aspects of the amendment, with particular focus on the specific use of single-family for tandem lots, and whether the "front lot" of a tandem lot should also be limited to single-family use. Ultimately the Commission determined that the current language for tandem and front lot uses, allowing a variety of uses for the front lot and single-family use only for the tandem lot is appropriate. No public comment was made at either Planning Commission meeting or the preceding Long -Range Committee meetings. BUDGET/STAFF IMPACT: N/A Attachments: • Proposed Ordinance — Exhibit "A" EXHIBIT'A' ADM-2022-0020 164.25 Tandem Lot Development (A) Where Allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be permitted in all districts where single-family dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be prohibited. (B) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20 (B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve (12) hours before or after regular trash pickup in accordance with Chapter 50.20 (B) (4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Board of Adjustment. (5) Setback. Each tandem lot shall have a minimum building setback requirement as follows: (a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines in the R-A, RSF-.5, and RSF-1 zoning districts. (b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property lines in the RSF-2 zoning district. (c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property lines in the RSF-4 and RSF-7 zoning districts. (d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property lines in the R-O zoning district. (e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines in the RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS- G, CS, UT, DC, MSC, DG, and NC zoning districts. (f) Any variance to the minimum building setback requirement may only be granted by the Board of Adjustment. (C) Variances. Variances to the requirements in (B)(1)-(B)(3) of this section shall be administered as development regulations to be considered by the Planning Commission. All other variances to zoning regulations, including those in (B)(4) and (B)(5), shall be administered as zoning regulations for variance purposes. 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Chris Brown, Public Works Director Terry Gulley, Asst. Public Works Director Jonathan Curth, Development Services Director Steven Dotson, Internal Auditor FROM: Kit Williams, City Attorney DATE: May 2, 2022 RE: Mayor recuperating at home and performing essential duties Kit Williams City Attorney Blake Pennington Assistant City Attorrey Jodi Batker Paralegal Mayor Jordan is currently recuperating at home, but is fully capable and performing the essential duties of his office. One such duty was to clarify how and when his approval through use of his signature stamp could be exercised. Ordinances, Resolutions, Contracts and other documents approved by the City Council may have the Mayor's signature stamp applied upon the unanimous agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A similar procedure was used during a rare week or longer vacation for the Mayor years ago where cell phone service at his vacation spot was not always reliable. An initial draft of his authority for use of his signature stamp was signed by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just signed an updated and more specific and complete authorization detailing what the City Staff should do during this period when staff may speak with him for any necessary decisions or instructions, but when City Staff is authorized to perform housekeeping, ministerial, and uncontroversial actions on the Mayor's behalf. This replacement authority dated today is also attached and supersedes the April 29th authorization. Mayor Jordan has also designated his Chief of Staff to handle most of his normal meetings duties until his full time return to the office. The Vice Mayor shall conduct all City Council meetings and Agenda sessions as the Mayor recuperates. If any document proposed for the Mayor's signature has any questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision before his signature stamp is used or withheld. Mayor Jordan remains able to perform his necessary official duties although much of the noncontroversial, house -keeping measures will be handled by his Chief of Staff and necessary signatures by use of his signature stamp so the Mayor can get more needed rest. In the unlikely event that Mayor Jordan would be deemed by a Circuit Court as being "unable to perform the duties of office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan Norton to Perform the Duties of the Office of Mayor If and When Necessary. A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (C) An unelected employee or resident of the city if designated by the mayor and approved by the City Council." If the City Council does not approve the Mayor's designation of Chief of Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who as an "elected official of the city" does not need approval of the City Council. (A.C.A. §14-43-501 (b)(3)(B). 2 OFFICE OF THE MAYOR April 29, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following approval procedures to be used during any period I am absent from the City, under the following conditions: • Until I return to regular office hours Chief of Staff, Susan Norton will have the final approval necessary for Legistar items My signature stamp may be used for all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR May 2, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated approval and signatory procedures to be used during any week or longer period of time if I need some of my more signatory and ministerial and/or in -person meeting duties performed for me until I return to full-time status: ■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items • My signature stamp may be used to approve all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process ■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or attend (except City Council meetings and Agenda Sessions). Other staff who are already ejnpowered to represent me in regional boards or commissions may continue to represent me iii those boarasland commissions 4tv r...�� Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If And When Necessary I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office while I recuperate in the hospital or at home. I have established proper procedural guidelines so that my signature stamp may be used instead of my written signature on documents approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and Acceptances, and Deeds. If I become temporarily unable to perform the duties of the Office of Mayor, I hereby designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties myself. If the City Council fails to approve my designation of Chief of Staff Susan Norton to perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A. §14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the duties and functions of Mayor of Fayetteville. s - a - Date LIONELD J❑ Mayor ��-�� Witness City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov MAY 2 0 WZ AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6565 Was inserted in the Regular Edition on: May 15, 2022 Publication Charges: $107.92 l�•te� S,�. Brittany Smith Subscribed and sworn to before me This 11 day of /" I) , 2022. Cathy Wiles Benton COUNTY NOTARY PUBLIC —ARKANSAS My Commission Expires 02-20-2024 LCommission No.12397118 Notary Public J_ J / My Commission Expires: Uhl **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6565 File Number: 2022-0296 REPEAL §163.12 TANDEM LOT DEVELOPMENT AND ENACT § 164.25 TANDEM LOT DEVELOPMENT: AN ORDINANCE TO REPEAL § 163.12 TANDEM LOT DEVELOPMENT AND ENACT §164.25 TANDEM LOT DEVELOPMENT IN THE UNIFIED DEVELOPMENT CODE TO PROVIDE AN ADMINISTRATIVE APPROVAL PROCESS FOR TANDEM LOT DEVELOPMENT WHEREAS, the creation of tandem lot currently requires approval of a Conditional Use Permit by the Planning Commission: and WHEREAS, on March 28, 2022, the Planning Commission voted to forward an amendment to the Unified Development Code for City Council consideration that would provide an administrative approval process for proposed tandem lots that meet the minimum lot size and access requirements. 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 § 163.12 Tandem Lot Development of the Unified Development Code in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.25 Tandem Lot Development into the Unified Development Code as shown in Exhibit A attached hereto and made a part hereof. PASSED and APPROVED on 5/312022 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $107.92. 75552057 May 15, 2022