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