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HomeMy WebLinkAboutOrdinance 6723113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6723 File Number: 2024-1741 PERMIT -READY BUILDING DESIGN PROGRAM (AMENDMENT): AN ORDINANCE TO ENACT § 166.28 PERMIT -READY BUILDING DESIGN PROGRAM TO PROVIDE FOR THE ESTABLISHMENT OF A PERMIT -READY BUILDING DESIGN PROGRAM AND ASSOCIATED DEVELOPMENT REQUIREMENTS SPECIFIC TO THE PROGRAM'S RESIDENTIAL BUILDINGS, AND TO ESTABLISH AN INITIAL PROGRAM AREA WHEREAS, City Plan 2040 lists twenty-five short term benchmarks to be completed by 2025, including "Create pre - approved building types for identified neighborhoods."; and WHEREAS, four of City Plan 2040's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority; and 2. We will discourage suburban sprawl; and 3. We will make compact, complete, and connected development the standard; and 4. We will create opportunities for attainable housing; and WHEREAS, City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code creating § 166.28 Permit -Ready Building Design Program. 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 enacts § 166.28 Permit -Ready Building Design Program to provide for the establishment of permit -ready building design program and associated development requirements as shown in Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby establishes an initial permit -ready building design program area as shown in Exhibit B attached hereto and made a part hereof. PASSED and APPROVED on March 19, 2024 Page 1 Ordinance: 6723 File Number: 2024-1741 Approved: Attest: `��Nru�rrHh� `��,C'.�G �•TR Y =v• FAYETTEVU-i = Kara Paxton, City Cer < Treasurer •, kAN iy % i p ,,, ``vv This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ I o Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2024 CITY COUNCIL MEMO 2024-1741 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager SUBJECT: ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit -Ready Building Design Program and associated development requirements specific to the program's residential buildings, as well as establish a program area. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code creating § 166.28, Permit -Ready Building Design Program, to provide for the establishment of a Permit - Ready Building Design Program and associated development requirements specific to the program's residential buildings, as well as establish a program area. BACKGROUND: The City of Fayetteville's comprehensive plan, City Plan 2040, lists twenty-five short term benchmarks to be completed by 2025. Among those benchmarks is "Create pre -approved building types for identified neighborhoods." Four of the plan's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority 2. We will discourage suburban sprawl 3. We will make compact, complete, and connected development the standard 6. We will create opportunities for attainable housing Part of the design process is to meet the city's zoning, development, and building code standards, producing plan sets that have been reviewed through city staff before they are finalized. The designs can also be tailored to fit housing needs for neighborhoods, and remove or reduce design costs for infill projects, thereby reducing the overall project costs and permit review timelines. This cost and time reduction provide an incentive to use the neighborhood -sensitive designs and can potentially provide more attractive solutions for housing density, whether the need is for accessory dwellings for existing homes or for a triplex that more closely resembles a single-family home. A contract for consulting services for the creation of such a program was approved by the Fayetteville City Council on October 4, 2022. The project study area included the Downtown Master Plan area and the Walker Park Neighborhood Plan area as they are two neighborhoods that have experienced an increase in infill development in recent years, and the program's building designs are focused on compatibility with existing Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 neighborhoods. Several recommended guiding standards have been developed by city staff and the project consultant in coordination with assessments of development patterns in the project area and in response to input from focus groups and an evaluation of residential building permit requirements. A set of development standards specific to the use of the Permit -Ready Building Design Program are being recommended with the attached ordinance proposal. The attached map exhibit shows the proposed program area within which the program's buildings would be available for use. The program area boundaries will be used for program administration and coordination with the program vendor and to guide development review and building permit application review, as well as for potential applicants to be able to confirm a property location for their selected building plan set and permit application. Additional adjustments to zoning standards in the program area have been considered by the project team based on project study area analysis that has shown the potential for reductions in housing costs. Land use policies that allow more homes per lot, reduce parking requirements, increase buildable area, allow for alternative lot configurations, and allow smaller lots have the potential to increase housing supply while reducing overall per unit costs. A preliminary assessment of these land use policy changes was presented to the Planning Commission at the January 18, 2024 Long Range Planning Committee meeting and further discussions on the topic are planned for future meetings. DISCUSSION: The purpose of this amendment is to establish a new section under the Unified Development Code (UDC) Chapter 166 — Development for development standards specific to the City's Permit -Ready Building Design Program. Development standards are not a zoning entitlement, rather they are the standards for development that may be specific to a development type or a component of development. In this case the proposed development standards address aspects such as variation in the building designs used across adjacent lots, street -facing orientation, screening of trash and recycling containers, stormwater management, parking standards, driveways, and sidewalk construction. While most of the proposed development standards align with existing requirements in the Unified Development Code or provide additional standards for site design as the use of the program is voluntary, some are meant to provide additional flexibility. The proposed parking standards are an example of increased flexibility specific to the use of the program. The proposed section 166.28(D)(2) would require only one parking space per dwelling unit. Properties developed with a single unit would require only one parking space, while a property developed with two units, either as a duplex or as a single-family house with an accessory dwelling unit, would require only two spaces. Currently the UDC requires two parking spaces per dwelling unit for single-family, duplex, and triplex residential, while multi -family or townhouse residential requires one parking space per bedroom. Additionally, parking lots with 5-13 spaces would be exempt from parking lot construction and parking lot design standards if the parking lots are for buildings in the program. Sidewalk construction has been identified as a challenge in the residential building permit process as the timing of sidewalk construction, sidewalk location, and other factors for required sidewalk construction related to small scale residential buildings have resulted in project delays. The program development standards propose to address this by creating a sidewalk fee -in -lieu option that does not require a special approval to waive construction. The fee amount would be set based on annual bids and the City's use of the funds and is proposed to not have an expiration. The fee -in -lieu funds would be spent to complete sidewalks as determined by the City Engineer. The Planning Commission considered the item at the January 22, 2022 meeting. One public comment in favor was received by staff prior to the meeting, but no additional comments were received in the meeting. Commissioners asked questions relating to other programs of this type nationally, what information is anticipated to be included in the plan sets, whether the development standards could be expanded to all Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 projects in the program area or city wide, and how some technical requirements such as stormwater management will be addressed. Staff requested that the item be tabled to the February 12 meeting for additional time to respond to questions and the Commissioners tabled the item with a 7-2-0 vote in favor. The Planning Commission considered the item again at the February 12, 2024 meeting. Staff received an inquiry prior to the meeting with comments supporting a reduction in parking requirements. An additional public comment was made during the meeting expressing concern about the buildings being designed to account for fire suppression and fire separation requirements. Commissioners asked clarifying questions about the sidewalk fee -in -lieu, preferring it be spent in the program area, and there was some discussion with the City Attorney about impact fee requirements and whether the proposed fee -in -lieu would be considered an impact fee as the program is voluntary, as is the fee -in -lie payment for sidewalks since builders retain the ability to construct sidewalk where required. Commissioner Sparkman made a motion to forward the item to City Council. Commissioner Brink provided a second to the motion. Commissioners voted 9-0-0 in favor of forwarding the item as proposed to the City Council for their consideration. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), EXHIBIT A - 166.28 Perm it-Ready_BuiIding_Design_Program - AMENDED BY CITY COUNCIL ON 3.19.24 (#4), Exhibit B - Program Area Map (#5), Planning Commission Staff Report (#6), Permit Ready Design Building Additional Info (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1741 ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit - Ready Building Design Program and associated development requirements specific to the program's residential buildings, as well as establish a program area. AN ORDINANCE TO ENACT § 166.28 PERMIT -READY BUILDING DESIGN PROGRAM TO PROVIDE FOR THE ESTABLISHMENT OF A PERMIT -READY BUILDING DESIGN PROGRAM AND ASSOCIATED DEVELOPMENT REQUIREMENTS SPECIFIC TO THE PROGRAM'S RESIDENTIAL BUILDINGS, AND TO ESTABLISH AN INITIAL PROGRAM AREA WHEREAS, City Plan 2040 lists twenty-five short term benchmarks to be completed by 2025, including "Create pre -approved building types for identified neighborhoods."; and WHEREAS, four of City Plan 2040's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority; and 2. We will discourage suburban sprawl; and 3. We will make compact, complete, and connected development the standard; and 4. We will create opportunities for attainable housing; and WHEREAS, City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code creating § 166.28 Permit -Ready Building Design Program. 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 enacts § 166.28 Permit - Ready Building Design Program to provide for the establishment of permit -ready building design program and associated development requirements as shown in Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby establishes an initial permit -ready building design program area as shown in Exhibit B attached hereto and made a part hereof. Page 1 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2024-1741 Item ID 3/5/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/16/2024 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit -Ready Building Design Program and associated development requirements specific to the program's residential buildings. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # 236-22 Approval Date: 10/4/2022 Received By: Blake Pennington 03/20/2024 10:29 A.M. EXH I BIT A 166.28 Permit -Ready Building Design Program (A) Purpose. The purpose of this section is to encourage new buildings that are compatible with the existing development pattern of the neighborhood in scale, height and building placement. The program provides permit -ready building designs for infill construction and site redevelopment that are meant to fit the context of the existing building scale, styles and materials in the neighborhood. (B) Applicability. The Permit -Ready Building Design Program applies to lots or parcels of land on which the Permit -Ready Building Design Program is utilized. (C) General Requirements. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Variability. Any contiguous set of three or more lots or parcels with program buildings shall include at least two distinct variations in building facade design. (2) Street facing Orientation. All buildings which are adjacent to the street shall be oriented such that their primary facade as designated on the architectural plan set, or a secondary facade if also noted, faces the public street. Buildings which do not have a primary facade indicated on their architectural plans shall not be the primary, street -facing structure abutting a public street. (3) Solid Waste and Recycling Containers. All waste and recycling containers must be screened from view from public right of way except on designated days of service. Screening fences shall be opaque and constructed of wood fence, fiber cement, masonry, or a combination thereof, or may be dense shrubbery having year-round foliage within two years of date of planting. (4) Stormwater. Where required, stormwater infiltration systems shall comply with the pre -approved stormwater facilities available from the Engineering Division. Where feasible stormwater facilities shall be located parallel and adjacent to any edge of the property. (D) Parking and Driveways. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Parking Areas. Site plans shall show required off-street parking spaces located to the rear or side of a principal dwelling, in a garage, or in a carport. (2) Number of Spaces. One parking space per dwelling unit shall be required. Projects shall not utilize reductions for residential use. Up to two parking spaces per dwelling unit is permitted. Any increase or reduction to the number of spaces permitted shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. (3) Parking Lot Standards. Parking lots or parking areas containing between 5 and 13 spaces are exempt from Parking Lot Construction Standards and Parking Lot Design Standards unless the parking lot is located within a build -to zone. (4) Tandem Lots. Parking for dwelling units on tandem lots shall not be considered off -site parking if the parking spaces are located on the parent lot or another tandem lot related to the parent lot. (5) Driveway Width. The minimum driveway width is 8'. (6) Shared Driveways. Shared driveways must be utilized to access parking areas for attached townhouse dwellings. Individual driveways from the primary street frontage are not permitted. (E) Sidewalks. Project sites with existing sidewalks which are not in need of repair or major relocation are encouraged to use fees in lieu of reconstruction and/or relocation. (1) Applicability. The provisions of this section shall only apply to the following property: (i) If a sidewalk does not exist, a new sidewalk must be constructed, or sidewalk fee -in -lieu must be paid. (ii) Projects must bring existing sidewalks into good condition and into compliance with the Americans with Disabilities Act (ADA). Cracks with an offset greater than 0.5" must be ground flat and sidewalk segments with extensive spalling must be replaced. (iii) If an existing sidewalk is required to be relocated, the fee -in -lieu option is preferred in lieu of construction. The building location shall accommodate the future sidewalk construction. (iv) If an existing sidewalk is substandard, but in compliance with the ADA, the fee -in -lieu option is preferred for sidewalk replacement. (2) Sidewalk Fee -In -Lieu for Permit -Ready Building Program. (i) Fees will be set by the City Engineer in accordance with 171.13. (ii) Contribution in lieu of construction of sidewalks shall be paid, or construction of the sidewalks shall be completed before issuance of a certificate of occupancy. Page 2 of 2 M'a-Lp'i'e' S't F Nltaple I \ 1 9 Ni A 0 0.05 0.1 0.2 Miles I i i I I i i I I. IE" (Ita�fay t,e 0 LL z Ad 4 R C 2 Y Q E Uirgl o n ITIrl, RSF-4 NC WA3ORK DG 723 h Sou es: Esri, Airbus DS, USGS, N NASA, CGIAR, N Robinson, NCEAS, NLS, IS N A, Geodatastyrelsen, Rijkswat. rstaat, GSA, Geoland, FEMA, Intermap and th GIS user com unity, sn munity Maps Contributors, City of Fayetteville, Arkansas, Arkansas GIS Office, Missouri Dept. of Conservation, M4souri DN*R, Texas Parks & Wildlife, Esri, TomTom, Garmin, SafeGraph, GeoTechnolog--i s4I'nc, R-A METZ%N;ASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS RSF-8 Proposed Permit -Ready Building Design Program Area 02.12.2024 Legend Master Plan Area 0 Proposed PRB Area Complete Neighborhood Proposed PRB Area Plan Parcels CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Britin Bostick, Long Range Planning/Special Projects Manager MEETING DATE: February 12, 2024 SUBJECT: ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit -Ready Building Design Program and associated development requirements specific to the program's residential buildings. RECOMMENDATION: Staff recommends forwarding ADM-2023-0052 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ADM-2023-0052 to the City Council with a recommendation of approval." JANUARY 22, 2024 PLANNING COMMISSION HEARING: Long Range Planning staff presented a proposal for development standards specific to the program buildings and related site development. Commissioners asked questions relating to other programs of this type nationally, what information is anticipated to be included in the plan sets, whether the development standards could be expanded to all projects in the program area or city wide, and how some technical requirements such as stormwater management will be addressed. Staff requested that the item be tabled to the February 12 meeting for additional time to respond to questions and the Commissioners tabled the item with a 7-2-0 vote in favor. BACKGROUND: The City of Fayetteville's comprehensive plan, City Plan 2040, lists twenty-five short term benchmarks to be completed by 2025. Among those benchmarks is "Create pre -approved building types for identified neighborhoods." Four of the plan's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority 2. We will discourage suburban sprawl 3. We will make compact, complete, and connected development the standard 6. We will create opportunities for attainable housing Part of the design process is to meet the city's zoning, development, and building code standards, producing plan sets that have been reviewed through city staff before they are finalized. The designs can also be tailored to fit housing needs for neighborhoods, and remove or reduce design costs for infill projects, thereby reducing the overall project costs and permit review timelines. This cost and time reduction provide an incentive to use the neighborhood -sensitive designs and can Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 potentially provide more attractive solutions for housing density, whether the need is for accessory dwellings for existing homes or for a triplex that more closely resembles a single-family home. A contract for consulting services for the creation of such a program was approved by the Fayetteville City Council on October 4, 2022. The project study area included the Downtown Master Plan area and the Walker Park Neighborhood Plan area as they are two neighborhoods that have experienced an increase in infill development in recent years, and the program's building designs are focused on compatibility with existing neighborhoods. Several recommended guiding standards have been developed by city staff and the project consultant in coordination with assessments of development patterns in the project area and in response to input from focus groups and an evaluation of residential building permit requirements. A set of development standards specific to the use of the Permit -Ready Building Design Program are being recommended with the attached ordinance proposal. The attached map exhibit shows the proposed program area within which the program's buildings would be available for use. The program area boundaries will be used for program administration and coordination with the program vendor and to guide development review and building permit application review, as well as for potential applicants to be able to confirm a property location for their selected building plan set and permit application. DISCUSSION: The purpose of this amendment is to establish a new section under the Unified Development Code (UDC) Chapter 166 — Development for development standards specific to the City's Permit - Ready Building Design Program. Development standards are not a zoning entitlement, rather they are the standards for development that may be specific to a development type or a component of development. In this case the proposed development standards address aspects such as variation in the building designs used across adjacent lots, street -facing orientation, screening of trash and recycling containers, stormwater management, parking standards, driveways, and sidewalk construction. While most of the proposed development standards align with existing requirements in the Unified Development Code or provide additional standards for site design as the use of the program is voluntary, some are meant to provide additional flexibility. The proposed parking standards are an example of increased flexibility specific to the use of the program. The proposed section 166.28(D)(2) would require only one parking space per dwelling unit. Properties developed with a single unit would require only one parking space, while a property developed with two units, either as a duplex or as a single-family house with an accessory dwelling unit, would require only two spaces. Currently the UDC requires two parking spaces per dwelling unit for single-family, duplex, and triplex residential, while multi -family or townhouse residential requires one parking space per bedroom. Additionally, parking lots with 5-13 spaces would be exempt from parking lot construction and parking lot design standards if the parking lots are for buildings in the program. Sidewalk construction has been identified as a challenge in the residential building permit process as the timing of sidewalk construction, sidewalk location, and other factors for required sidewalk construction related to small scale residential buildings have resulted in project delays. The program development standards propose to address this by creating a sidewalk fee -in -lieu option that does not require a special approval to waive construction. The fee amount would be set based on annual bids and the City's use of the funds would not have an expiration. The fee -in -lieu funds would be spent to complete sidewalks as determined by the City Engineer. PLANNING COMMISSION ACTION: Required YES Date: February 12, 2024 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: Proposed Ordinance, Clean o § 166.28 Program Area Exhibit Map Fire Department Memo 166.28 Permit -Ready Building Design Program (A) Purpose. The purpose of this section is to encourage new buildings that are compatible with the existing development pattern of the neighborhood in scale, height and building placement. The program provides permit -ready building designs for infill construction and site redevelopment that are meant to fit the context of the existing building scale, styles and materials in the neighborhood. (B) Applicability. The Permit -Ready Building Design Program applies to lots or parcels of land on which the Permit -Ready Building Design Program is utilized. (C) General Requirements. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Variability. Any contiguous set of three or more lots or parcels with program buildings shall include at least two distinct variations in building facade design. (2) Street facing Orientation. All buildings which are adjacent to the street shall be oriented such that their primary facade as designated on the architectural plan set, or a secondary facade if also noted, faces the public street. Buildings which do not have a primary facade indicated on their architectural plans shall not be the primary, street -facing structure abutting a public street. (3) Solid Waste and Recycling Containers. All waste and recycling containers must be screened from view from public right of way except on designated days of service. Screening fences shall be opaque and constructed of wood fence, fiber cement, masonry, or a combination thereof, or may be dense shrubbery having year-round foliage within two years of date of planting. (4) Stormwater. Where required, stormwater infiltration systems shall comply with the pre -approved stormwater facilities available from the Engineering Division. Where feasible stormwater facilities shall be located parallel and adjacent to any edge of the property. (D) Parking and Driveways. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Parking Areas. Site plans shall show required off-street parking spaces located to the rear or side of a principal dwelling, in a garage, or in a carport. (2) Number of Spaces. One parking space per dwelling unit shall be required. Projects shall not utilize reductions for residential use. Up to two parking spaces per dwelling unit is permitted. Any increase or reduction to the number of spaces permitted shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. (3) Parking Lot Standards. Parking lots or parking areas containing between 5 and 13 spaces are exempt from Parking Lot Construction Standards and Parking Lot Design Standards unless the parking lot is located within a build -to zone. (4) Tandem Lots. Parking for dwelling units on tandem lots shall not be considered off -site parking if the parking spaces are located on the parent lot or another tandem lot related to the parent lot. (5) Driveway Width. The minimum driveway width is 8'. (6) Shared Driveways. Shared driveways must be utilized to access parking areas for attached townhouse dwellings. Individual driveways from the primary street frontage are not permitted. (E) Sidewalks. Project sites with existing sidewalks which are not in need of repair or major relocation are encouraged to use fees in lieu of reconstruction and/or relocation. Page 1 of 2 (1) Applicability. The provisions of this section shall only apply to the following property: (i) If a sidewalk does not exist, a new sidewalk must be constructed, or sidewalk fee -in -lieu must be paid. The fee -in -lieu option shall not require a waiver by the City Engineer. (ii) Projects must bring existing sidewalks into good condition. Cracks with an offset greater than 0.5" must be ground flat and sidewalk segments with extensive spalling must be replaced. (iii) If an existing sidewalk is required to be relocated, the fee -in -lieu option is preferred in lieu of construction. The building location shall accommodate the future sidewalk construction. (iv) If an existing sidewalk is substandard, the fee -in -lieu option is preferred for sidewalk replacement. (2) Sidewalk Fee -In -Lieu for Permit -Ready Building Program. (i) Fees will be set by the City Engineer on a per -square -foot basis and will be determined annually by conducting a bid for contracted construction and use the average cost per square foot of the accepted contract. (ii) Contribution in lieu of construction of sidewalks shall be paid, or construction of the sidewalks shall be completed before issuance of a certificate of occupancy. (iii) Contributions do not have an expiration on the expenditure of funds. (iv) The contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. Page 2 of 2 I \ 1 9 I. Mvjlie' Sit 1n­W id 11 z' IE" (Ita�II t,e 0 F Nltaple Sit rn A LL z [Ad 4 R C 2 Y Q E Uirgl o n ITIrl, RSF-4 NC a WALKER P" 3,RHGOD DG 12 ft rAGCcodatastyrelsen, i'Airbus DS, USGS, N NASA, CGIAR, N Robinson, NCEAS, NLS, C S Rijkswat. rstaat, GSA, Geoland, FEMA, Intermap and th GIS user community, sn munity Maps Contributors, City of Fayetteville, Arkansas, Arkansas GIS Office, Missouri Dept. of Conservation, M:�souri DI*R, Texas Parks & Wildlife, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, R-A METZ%N;ASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS RSF-8 N` Legend A Proposed Permit -Ready Building Design Overlay Area Master Plan Area 0 Proposed PRB Area 0 0.05 0.1 0.2 Miles Complete Neighborhood Proposed PRB Area I I I I I I I 1 1 01.18.2024 Plan Parcels FpYETTEVii FIRE in O DEPT F D ARK To: Fayetteville Planning Commission Thru: Britin Bostick, City of Fayetteville Long Range Planner From: Battalion Chief Jeremy Ashley, Fayetteville Fire Marshals Office Cc: Fire Chief Brad Hardin Date: 2/8/2024 RE: Pre -Approved Building Permit Project During the fall of 2021, the City of Fayetteville issued a request for proposal for a project that would create a pre -approved building permit process for the Downtown and South Fayetteville areas of town. Over the last couple of years this project has been developed by multiple stakeholders to become the project before you. The program area was developed to be in primarily historic neighborhoods, carefully considering the number of lots available for development in the potential areas. Efforts were made to study the impacts in these areas to include code requirements, density, parking, apparatus access and fit with existing neighborhoods. There were parts of the project, specifically changing the parking requirements, that the Fire Department were concerned with, however the program parameters only allowed for smaller homes and within a very specific area. The Fire Department does not support opening this project outside of the analyzed area that was identified in the original RFP issued by the City. We do support the pre -approved building permit project moving forward within the intended program area. Office of the Fire Marshal 303 W. Center St. Fayetteville, AR 72701 www.fayetteville-ar.gov Received By: Britin Bostick At City Council Meeting va ,4,Q vmez 166.28 Permit -Ready Building Design Program (A) Purpose. The purpose of this section is to encourage new buildings that are,compatible with the existing development pattern of the neighborhood in scale, height and building placement. The program provides permit -ready building designs for infill construction and site redevelopment that are meant to fit the context of the existing building scale, styles and materials in the neighborhood. (B) Applicability. The Permit -Ready Building Design Program applies to lots or parcels of land on which the Permit -Ready Building Design Program is utilized. (C) General Requirements. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Variability. Any contiguous set of three or more lots or parcels with program buildings shall include at least two distinct variations in building facade design. (2) Street facing Orientation. All buildings which are adjacent to the street shall be oriented such that their primary facade as designated on the architectural plan set, or a secondary facade if also noted, faces the public street. Buildings which do not have a primary facade indicated on their architectural plans shall not be the primary, street -facing structure abutting a public street. (3) Solid Waste and Recycling Containers. All waste and recycling containers must be screened from view from public right of way except on designated days of service. Screening fences shall be opaque and constructed of wood fence, fiber cement, masonry, or a combination thereof, or may be dense shrubbery having year-round foliage within two years of date of planting. (4) Stormwater. Where required, stormwater infiltration systems shall comply with the pre -approved stormwater facilities available from the Engineering Division. Where feasible stormwater facilities shall be located parallel and adjacent to any edge of the property. (D) Parking and Driveways. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Parking Areas. Site plans shall show required off-street parking spaces located to the rear or side of a principal dwelling, in a garage, or in a carport. (2) Number of Spaces. One parking space per dwelling unit shall be required. Projects shall not utilize reductions for residential use. Up to two parking spaces per dwelling unit is permitted. Any increase or reduction to the number of spaces permitted shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. (3) Parking Lot Standards. Parking lots or parking areas containing between 5 and 13 spaces are exempt from Parking Lot Construction Standards and Parking Lot Design Standards unless the parking lot is located within a build -to zone. (4) Tandem Lots. Parking for dwelling units on tandem lots shall not be considered off -site parking if the parking spaces are located on the parent lot or another tandem lot related to the parent lot. (5) Driveway Width. The minimum driveway width is 8'. (6) Shared Driveways. Shared driveways must be utilized to access parking areas for attached townhouse dwellings. Individual driveways from the primary street frontage are not permitted. (E) Sidewalks. Project sites with existing sidewalks which are not in need of repair or major relocation are encouraged to use fees in lieu of reconstruction and/or relocation. Page 1 of 2 (1) Applicability. The provisions of this section shall only apply to the following property: (i) If a sidewalk does not exist, a new sidewalk must be constructed, or sidewalk fee -in -lieu must be paid. ;le iee-w ije+:fup4oi+- : ad Feg ,vdi�,ei b the _ ,, ;., , n (ii) Projects must bring existing sidewalks into good condition and into compliance with the Annti; - with Disabilities Act (ADA:. Cracks with an offset greater than 0.5" must be ground flat and sidewalk segments with extensive spalling must be replaced. (iii) If an existing sidewalk is required to be relocated, the fee -in -lieu option is preferred in lieu of construction. The building location shall accommodate the future sidewalk construction. (iv) If an existing sidewalk is substandard, out in cuMuiiance vd.tii tine AAA, the fee -in -lieu option is preferred for sidewalk replacement. (2) Sidewalk Fee -In -Lieu for Permit -Ready Building Program. (i) Fees will be set by the City Engineer y-4y Zti *vii - triS-d--i)i(it-f — 1-EJ}-ij4 at tee RStFUCtiOR Rd a the aYeFage 951 p squaFe feet of the accepted rzefwarzt in accordance with f 7-1.13. (ii) Contribution in lieu of construction of sidewalks shall be paid, or construction of the sidewalks shall be completed before issuance of a certificate of occupancy. (h ) = ei+tt3tft + ti Ht 4eti-41HV iN+iE15- Page 2 of 2 U v 171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk 0-n ?Vwd -51 o-R (A) Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street or highway upon the receipt of notice issued at the time a building permit is issued. (1) The property owner shall construct the sidewalk in accordance with the specifications provided in the Minimum Street Standards. (2) The property owner may request a wawef-variance to §171.13(A)(1) requiring sidewalk construction. The City Engineer shall review the following factors to determine whether or not to grant a wa+veF he variance to allow pa rnent of a fee in lieu of sidewalk construction: (a) Pedestrian traffic generators such as parks and schools in the area. (b) The existence of a sidewalk network in the area. (c) The density of current and future development in the area. (d) The amount of pedestrian traffic likely to be generated by the proposed development. (e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk. (f) The overall need for a sidewalk to be constructed on the lot. (3) A project being constructed pursuant to § 166.28 Permit -Ready Building Design Program shall h.jv�- thi, 012_�Hnn_to pay a fee in lieu of constructing the sidewalk without receiving a variance. (�_) If the City Engineer grants the wa'Ver variancete-ten 'rii4-t ,4 =OP1 A—!1, the owner shall have an option to construct the sidewalk, or to contribute money in lieu of construction as set forth below: (a) The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development. (b) Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced contribution in lieu of the construction of sidewalks, all developments shall make a cash contribution in lieu of the construction of the sidewalk in an amount established by the City Engineer and based on current construction costs, as determined by a yearly bid for construction, Arkansas Department of Transportation published weighted averages, or similar data.at-a Fate of $5-00 peF square feet e4 the sid-evvalk that nefmally would have beeA Fequ'Fed. The amount peF squaFf' feel Shall h (c) Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a certificate of occupancy. (d) Contributions must be expended within .olit+1}-yt-,45evr�i (,') yeti, to build a sidewalk close enough to serve the project being constructed. (e) If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. ( ) An owner/builder may appeal the City Engineer's refusal to grant a waWer-variance or the administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06(D). Page 1 of 2 (B) Application of Provisions. The provisions of this section shall only apply to the following property: (1) New Structure. On which a new structure is being built. (2) Existing Residential Structure. On which an existing residential structure is being modified so as to increase the number of dwelling units located therein or to change the use of the nonresidential use. (3) Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5) automobiles is constructed. (4) Building Additions. Additions of 2,500 square feet or larger. (5) Conditional Use. Any development which requires conditional use approval. (Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85; Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20) Page 2 of 2 Form v1.45 NNA • RECEIVED medmMAR 2 6 2024 Account#: NWCL5004205 O yTY�ERICS OFFICE Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 386927 PO#: Matter of: ord 6723 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ord 6723 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. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$I44.40. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/24/24;NWA nwaonline.com 03/24/24 datja, Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 26th day of March,2024 - - 0Y/4K: •. CATHERINE STAGGS _, .?,7":.\.i MY COMMISSION#12402772 C 'Lif.-2-,S+74 � "A' EXPIRES:February 28, 2025 �'•,,,,,S► Washington County NOTARY PUBLIC Ordinance:6723 File Number: 2024-1741 PERMIT-READY BUILDING DE- SIGN PROGRAM(AMENDMENT): AN ORDINANCE TO ENACT §166.28 PERMIT-READY BUILD- ING DESIGN PROGRAM TO PRO- VIDE FOR THE ESTABLISHMENT OF A PERMIT-READY BUILDING DESIGN PROGRAM AND ASSOCI- ATED DEVELOPMENT REQUIRE- MENTS SPECIFIC TO THE PROGRAM'S RESIDENTIAL BUILDINGS,AND TO ESTABLISH AN INITIAL PROGRAM AREA WHEREAS, City Plan 2040 lists twenty-five short term benchmarks to be completed by 2025.including"Create pre-ap- proved building types for identi- fied neighborhoods.":and WHEREAS,four of City Plan 2040's six goals are related to this benchmark: 1.We will make appropriate inlill and revitalization our high- est priority;and 2.We will discourage subur- ban sprawl;and 3. We will make compact, complete,and connected devel- opment the standard;and 4.We will create opportuni- ties for attainable housing;and WHEREAS,City staff and the Planning Commission recom- mend approval of an amend- ment to the Unified Development Code creating§ 166.28 Permit-Ready Building Design Program. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville. Arkansas hereby enacts § 166.28 Permit-Ready Building Design Program to provide for the establishment of permit- ready building design program and associated development re- quirements as shown in Exhibit A. Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas,hereby establishes an initial permit-ready building de- sign program area as shown in Exhibit B attached hereto and made a part hereof. PASSED and APPROVED on March 19,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$144.40 March 24,2024 386927