§ 17.7.505. Inner-block cottage development projects.

A.

Intent. It is the intent of this section to:

1.

Provide an alternative method wherein vacant and underused land in the interior of the existing blocks within the original town site and similar landlocked areas of the city may be developed, provided that development within such inner-block areas will be compatible with existing surrounding development; and

2.

Establish and set forth the special requirements and guidelines applicable to inner-block cottage development projects considered reasonably necessary to balance the interests of the surrounding development and applicants and accomplish the intent stated under subsection A.1. above.

B.

Applicability of provisions.

1.

The provisions of this section shall be applicable only to the area of the city located within the boundaries of the inner-block cottage development overlay map, which map is hereby adopted and identified as eligible for inner-block cottage development projects thereon; and

2.

The inner-block areas shown on the inner-block cottage development overlay map are intended to show, in a general way, that portion of the interior of an existing block or parcel which: (1) because of the extent of surrounding development or other unique constraint is landlocked or otherwise without a ready opportunity for access, and (2) as a result of such condition has limited potential for development under conventional subdivision regulations. Inner-block cottage developments may be approved within all inner-block areas within the boundaries of the cottage development overlay map, subject to the following:

a.

The area proposed as an inner-block cottage development project is located within boundaries of a designated project area as shown on the inner-block cottage development overlay map, or shall have received a recommendation for inclusion in accordance with the provisions of subsection C.6.; and

b.

The area proposed to be included has sufficient land area to constitute a logical design unit, in conformance with the design standards and criteria for such projects, and will not have the effect of reducing the width, area, setback or other requirement of any adjacent lot or parcel to a level not conforming with the minimum requirements of the underlying zone; and

c.

The proposed design will not have the effect of precluding a reasonable opportunity for development of adjacent undeveloped property, as determined by the planning commission.

3.

Any person not desiring to comply with the requirements of this section or any condition of approval attached by the city shall have the right to proceed with development of the area as a conventional subdivision or other development alternative, subject to compliance with the applicable requirements relating thereto.

C.

Application to be submitted. A proposal for development of an inner block cottage development project shall be initiated by submission of an application to the city and a concurrent notice of intent to request approval of an inner-block cottage development project, as provided by the applicant(s) to the current owners of record of each parcel of land within the designated block area and within three hundred feet of the boundary of the project area thereof (project notification area). Said application shall include the following:

1.

Identification of applicant(s).

2.

Identification of the specific block or parcels(s) for which the request is proposed.

3.

One or more maps showing the entire existing block and notification area, including: (1) the existing property boundaries; (2) the current ownership of each parcel; (3) the extent of the proposed inner-block cottage development project area and boundary of the initial phase of said project, if less than entire area; and (4) a written statement or petition signed by owners of each parcel within the project area, indicating whether they desire to have their respective property considered as part of the inner-block cottage development project and whether they intend to join in the immediate development of their portion or to reserve development to a future time.

4.

One or more concept plans showing a proposed lot and street layout plan for the entire area. The plan(s) should show the relationship of the proposed lots or building sites to existing lots, dwellings and other significant buildings and intended points of vehicular access. Also, if the project is proposed to be developed in more than one phase, the plan(s) shall show a proposed phasing plan.

5.

A copy of the written notice of intent to request approval of an inner-block cottage development project and a list of the names and addresses of the owners of property within the project notification area, together with evidence of the date that notice was provided thereto.

6.

In the event that the proposed inner-block cottage development project is for or includes an area not previously designated on the inner-block cottage development overlay map, the application shall include a petition requesting a determination of eligibility of the proposed area for consideration and approval of a inner-block cottage development project and amendment of the inner-block cottage development overlay map. All further consideration of the proposed project shall be suspended until such time as a determination of eligibility for the project area and recommendation for amendment to the inner-block cottage development overlay map shall have been made by the planning commission.

D.

Procedure for approval. The procedure for approval shall be the same as set forth in Section 17.7.200.

E.

Vehicular access .

1.

Street standards . Each lot or building site area within an inner-block cottage development project shall abut upon and be served by an adequate street which is dedicated to the city and conforms to one of the following:

a.

Standard inner-block cross-section . Sixty-two-foot right-of-way with thirty-two feet feet of paved travel surface and an eight-foot wide planter strip, a two-foot concrete curb, gutter and five-foot wide sidewalk, both sides. This alternative would be applicable within any inner-block project, and shall be the preferred option for all private streets.

b.

Alternate A . Fifty-two-foot right-of-way with thirty-two feet of paved travel surface, a three-foot wide landscaped or stamped colored concrete park-strip, a two-foot concrete curb and gutter on both sides, and a five-foot wide sidewalk on both sides. This option shall only be used as permitted by the planning commission and as recommended by the city engineer.

The minimum driveway length shall be twenty-five feet long.

2.

Cul-de-sac . Where inner-block access streets are not continuous, said streets shall terminate in a cul-de-sac having a radius of not less than sixty-three feet or fifty-eight feet accordingly. This cul-de-sac shall consist of a fifty-foot radius top back of curb with all other areas covered with an asphalt or concrete pavement, and a sidewalk providing pedestrian access to every lot for the entire width of the lot in a separate sidewalk easement.

3.

Entry street . Access routes into inner-block areas shall comply with the applicable minimum cross-section standard set forth above and, where the access route is situated adjacent to one or more existing dwellings, the minimum distance between the access street right-of-way and existing adjacent dwelling(s) shall comply with the minimum requirements for corner lots in the underlying zone.

4.

Street alignment . The alignment of the proposed street system should provide ready and convenient vehicular and pedestrian circulation within the project area.

F.

Design standards and criteria.

1.

Maximum project density—Residual lots.

a.

The number of dwelling units located within an inner-block cottage development project shall be one dwelling unit for each six thousand square feet of area within the project area, not including any area designated for street purposes, the lot area for any existing dwelling included within the plat, or the area of any lot shown on the plat but not included as part of the project area.

b.

Each lot within the project area shall contain not less than five thousand square feet, not including any portion of a lot used as a flag lot access.

c.

Any subdivision lot created as a result of the inclusion of a portion of the former lot area in the inner-block cottage development project shall conform with the applicable zone lot requirements of the underlying zone and shall be included as a lot in the final plat of the inner-block cottage project or in a separate subdivision plat.

2.

Building type—Garage and off-street parking required. Each building will consist of a one-family structure having a building footprint area of not less than nine hundred square feet, not including the garage. Each dwelling shall include a minimum of one enclosed single-car garage of sufficient size to accommodate a full-sized automobile (not less than twenty-two feet in length) or a two-car enclosed garage that is not less than twenty feet in length and shall provide sufficient off-street parking for two full-sized automobiles.

3.

Building height. Each dwelling shall consist of one story, above ground, with a maximum height of twenty-four feet as measured from the elevation of the adjacent street to the top of the roof line of the building.

4.

Each structure to be located on designated lot—Size of lots. Each building containing a dwelling shall be situated on a separate lot or designated building site (if proposed for development as a PUD/condominium project).

5.

Lot layout. The proposed lot layout (or dwelling site area where individual lots are not proposed) and defined building envelope must duly recognize the relationship of new dwellings to existing adjacent dwellings (i.e., rear lots should abut rear lot areas of existing structures). Wherever possible, the access road system should not create double-frontage lots.

6.

Flag lots permitted. Where the project area contains unusual shapes or peninsulas, not readily accessed directly from the proposed inner-block street, the city council, subject to the prior recommendation of the planning commission, may approve a lot layout which includes one or more flag lots.

7.

Building envelope to be shown—Setback standards.

a.

Each lot or designated building site shall show a defined building envelope. Each dwelling structure shall be located within the boundaries of the defined building envelope.

b.

The proposed location of each dwelling or defined building envelope shall be shown on the preliminary plan and final plat. The defined building envelope area shall be established in accordance with the following setback criteria; provided that the city council, subject to receipt of a prior recommendation from the planning commission, may approve a defined building envelope for one or more buildings at variance with the setback criteria, upon a finding that the lot or building site contains unique conditions or circumstances, not of the making of the applicant, which justify the variance from strict compliance and the adjusted location does not result in an unsafe condition or an undue intrusion upon adjacent properties.

(1)

Front setback. Twenty-five feet, as measured from the street dedication or sidewalk easement line, whichever is closer to the proposed dwelling; provided that no adjustment from this standard setback shall result in a driveway which is less than twenty feet in length, as measured from the garage to the closest abutting sidewalk.

(2)

Side setback adjacent to a street. Twenty feet, as measured from the street dedication or sidewalk easement line, whichever is closer to the proposed dwelling.

(3)

Side setback, interior side lot line. Not less than five feet, as measured from the closest portion of the proposed building wall, including any bay window, fireplace bump-out, basement window well.

(4)

Rear setback. Not less than ten feet, as measured from the closest portion of the proposed building wall.

Notwithstanding the above standards, the placement of all structures shall conform to the provisions of the fire code, as determined by the city building inspector.

8.

Fences permitted . The project area shall be enclosed within a fence or wall having a height of not less than six feet (except where required to provide clear vision to traffic and pedestrians). Private fences separating individual lots within the project are allowed, provided the following criteria are met: (1) the fence shall be no greater than six feet in height, (2) the fence may be placed on the side lot lines provided the fence is set back a minimum of twenty- five feet from the front property line, (3) no fencing shall be allowed within the front setback area or within the area enclosing the front yard, (4) fencing on corner lots shall be allowed, provided that: (a) property that adjoins the rear yard of a corner lot has no existing driveway within ten feet of the property line adjoining the corner lot, (b) fence must drop to three feet within sight distance area, as determined by Engineering, if driveway on adjoining lot is less than ten feet from the fence, (c) fence to be located on property line or one foot off of the sidewalk, whichever is greater, and (d) fence must meet the sight distance standards detailed in the American Fork City Development Code 17.5.110 (fig. 17.5.110-A). In addition, an accessible means of egress from the rear yard to the public right-of-way shall be provided (i.e. gate) in accordance with Section 1002 of the International Fire Code.

9.

Architectural compatibility.

a.

It is the intent of this section that new structures be of a character which is consistent and compatible with the bulk, height, style and construction materials of existing dwellings in the immediate vicinity, to the end that any new construction will not result in the introduction of building styles or exterior surface materials which are inconsistent with the overall character of the area.

b.

As part of the submittal for approval of an inner-block cottage development project, the developer shall submit a copy of the architectural plan for each unit intended to be constructed within the project area, including building elevations and a schedule of exterior surface materials to be used, and shall indicate the lot upon which each such plan will be constructed. The city may require changes in the plans and materials in order to more fully achieve the purposes of this section.

10.

Lots adjacent to existing streets to conform with requirements of underlying zone—Exceptions. Any lot or designated building site (whether included within the inner-block cottage development project or proposed as a residual parcel), which abut(s) on an existing street, must conform to the minimum zone requirements of the underlying zone (i.e., width and size of lot, setback requirements, etc.); provided, that, the city council, with the prior recommendation of the planning commission, may reduce the minimum width requirement for a residual lot adjacent to a proposed project access street and fronting on an existing street provided:

a.

That any existing dwelling on said parcel will be set back not less than twenty feet from the access street or adjacent sidewalk, if applicable; and

b.

That the width of the residual lot and other characteristics constitute a logical parcel for building purposes.

11.

Phased construction. Where an inner-block project is proposed to be constructed in phases, each phase shall be designed as if the phase were to become the ultimate development.

(Ord. No. 07-01-07; Ord. No. 2012-12-37, pt. I(§ 1), 12-11-2012; Ord. No. 2013-03-08, pt. I(§ 1), 3-12-2013; Ord. No. 2013-04-13, § 1, 4-23-2013; Ord. No. 2017-07-36 , pt. I, § 1, 7-11-2017; Ord. No. 2017-10-59 , pt. I, § 3, 10-24-2017)