HomeMy WebLinkAboutOrdinance 6724113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6724
File Number: 2024-1813
UDC AMENDMENT §171.13 (PERMIT -READY BUILDING DESIGN PROGRAM):
AN ORDINANCE TO AMEND §171.13 PROPERTY OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE
COST OF SIDEWALK OF THE UNIFIED DEVELOPMENT CODE TO PROVIDE FOR CHANGES ASSOCIATED
WITH THE PERMIT -READY BUILDING DESIGN PROGRAM, AND TO ADJUST THE CALCULATION FOR
PAYMENT OF FEES IN LIEU OF SIDEWALK CONSTRUCTION
WHEREAS, at the meeting of the Fayetteville City Council on March 5, 2024, staff presented a proposed new § 166.28
— Permit -Ready Building Design Program; and
WHEREAS, staff has identified an opportunity to more closely coordinate the proposed new Permit -Ready Building
Design Program with § 171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk; and
WHEREAS, the proposed amendment to § 171.13 will change the amount of the fee in lieu for all projects city-wide
from $5.00 per square foot to an amount established by the City Engineer based on actual construction costs, and will
also provide permit -ready building projects the option of constructing sidewalk or paying a fee in lieu of construction
without requiring a variance.
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 § 171.13 Property Owner To
Construct Sidewalk Or Contribute Cost Of Sidewalk and enacts a new § 171.13 Property Owner To Construct
Sidewalk Or Contribute Cost Of Sidewalk as shown in Exhibit A attached hereto.
PASSED and APPROVED on March 19, 2024
This p
Attest:
=�=FAVEiT��ILLE;
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on was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount P044"snitl�� I %`� `6)
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 19, 2024
CITY COUNCIL MEMO
2024-1813
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: Amend UDC Chapter 171 — Streets and Sidewalks: Submitted by CITY OF
FAYETTEVILLE STAFF. The request is to amend §171.13 — Property Owner To
Construct Sidewalk or Contribute Cost of Sidewalk. The proposed code change
would coordinate with the proposed new §166.28 — Permit -Ready Building Design
Program development standards and adjust the calculation for payment of sidewalk
fee -in -lieu.
RECOMMENDATION:
City staff recommends approval of an amendment to the Unified Development Code amending §171.13,
Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk, to coordinate with the proposed new
§166.28 — Permit -Ready Building Design Program development standards and adjust the calculation for
payment of sidewalk fee -in -lieu.
BACKGROUND:
At the meeting of the Fayetteville City Council on March 5, 2024 staff presented a proposed new §166.28 —
Permit -Ready Building Design Program development standards to facilitate implementation of the Permit -
Ready Building Design Program. Among the standards proposed was the option to contribute to cost of
sidewalk by paying a fee in lieu of construction without requiring a waiver from the City Engineer. Staff noted to
the Council that since the item and the Planning Commission's recommendation was presented at the prior
week's agenda session, staff had identified an opportunity to more closely coordinate the proposed new
§166.28 with the current §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk.
Staff provided the proposed edits to both sections to the Council, but only §166.28 could be considered due to
State statutory constraints on ordinances only containing one subject and that being clearly expressed in its
title. The Council left the proposed ordinance on first reading to allow staff to submit a second item for the
proposed amendment to §171.13.
DISCUSSION:
The purpose of this amendment is to amend §171.13 — Property Owner To Construct Sidewalk or Contribute
Cost of Sidewalk to coordinate with the proposed §166.28 — Permit -Ready Building Design Program
development standards and to change the calculation of the fee -in -lieu to be paid for sidewalk construction
from $5 per square foot to 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. Other proposed edits include changing the fee -in -lieu option from a waiver
to an administrative variance and extending the time in which funds must be spent from one to seven years,
which is consistent with both state statute and §158, Bonds and Guarantees, of the Unified Development
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Code
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A - 171.13 (#4), 171.13 Strikethrough Version (#5)
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 #: 2024-1813
Amend UDC Chapter 171— Streets and Sidewalks: Submitted by CITY OF FAYETTEVILLE
STAFF. The request is to amend §171.13 — Property Owner To Construct Sidewalk or Contribute
Cost of Sidewalk. The proposed code change would coordinate with the proposed new §166.28 —
Permit -Ready Building Design Program development standards and adjust the calculation for
payment of sidewalk fee -in -lieu.
AN ORDINANCE TO AMEND § 171.13 PROPERTY OWNER TO CONSTRUCT SIDEWALK OR
CONTRIBUTE COST OF SIDEWALK OF THE UNIFIED DEVELOPMENT CODE TO PROVIDE
FOR CHANGES ASSOCIATED WITH THE PERMIT -READY BUILDING DESIGN PROGRAM,
AND TO ADJUST THE CALCULATION FOR PAYMENT OF FEES IN LIEU OF SIDEWALK
CONSTRUCTION
WHEREAS, at the meeting of the Fayetteville City Council on March 5, 2024, staff presented a
proposed new § 166.28 — Permit -Ready Building Design Program; and
WHEREAS, staff has identified an opportunity to more closely coordinate the proposed new Permit -
Ready Building Design Program with § 171.13 — Property Owner To Construct Sidewalk or
Contribute Cost of Sidewalk; and
WHEREAS, the proposed amendment to § 171.13 will change the amount of the fee in lieu for all
projects city-wide from $5.00 per square foot to an amount established by the City Engineer based on
actual construction costs, and will also provide permit -ready building projects the option of constructing
sidewalk or paying a fee in lieu of construction without requiring a variance.
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 § 171.13 Property
Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk and enacts a new § 171.13
Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk as shown in Exhibit A
attached hereto.
Page 1
Britin Bostick
Submitted By
City of Fayetteville Staff Review Form
2024-1813
Item ID
3/19/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/7/2024 LONG RANGE PLANNING (634)
Submitted Date Division / Department
Action Recommendation:
Amend UDC Chapter 171— Streets and Sidewalks: Submitted by CITY OF FAYETTEVILLE STAFF. The request is to
amend §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk. The proposed code change
would coordinate with the proposed new §166.28 — Permit -Ready Building Design Program development standards
and adjust the calculation for payment of sidewalk fee -in -lieu.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
EXHIBIT A
171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk
(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 variance to §171.13(A)(1) requiring sidewalk construction. The City
Engineer shall review the following factors to determine whether or not to grant the variance to allow
payment 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 have the
option to pay a fee in lieu of constructing the sidewalk without receiving a variance.
(4) If the City Engineer grants the variance, 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.
(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 seven (7) years 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.
(5) An owner/builder may appeal the City Engineer's refusal to grant a variance or the administrator's
determination of the amount of contribution in lieu of construction to the Planning Commission
pursuant to §155.06(D).
(B) Application of Provisions. The provisions of this section shall only apply to the following property:
Page 1 of 2
(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
171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk
(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 waiver 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 waiver the
variance to allow payment 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 have the
option to pay a fee in lieu of constructing the sidewalk without receiving a variance.
(34) If the City Engineer grants the waiver variancete een,-+. uet a sidewalk, 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.
the sid-evialk that ne.r.m.ally weuld have been reqHiFed. The ameunt peF square feet shall he
(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 ^^o„e (I) yearseven (7) years 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.
(45) An owner/builder may appeal the City Engineer's refusal to grant a waivervariance 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
Forth v1.45
RECEIVED
LIAR S 6 2024
Account#: NWCL5004205
FCompany: CITY OF FAYETTEVILLE-CLERKS OFFI ti rc� soF lc
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 386923
PO #:
Matter of: ord 6724
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 6724
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$138.32.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 03/24/24;NWA nwaonline.com 03/24/24
dzix_ja,
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 26th day of March,2024 ^'
a`ta . •., CATHERINE SUGGS
'. � \.1 MY COMMISSION N 12402772
Ca;c cY�"k 1•^:" EXPIRES:February 28, 2025
''.;;;? Washington County
NOTARY PUBLIC
Ordinance:6724
File Number: 2024-1813
UDC AMENDMENT §171.13
(PERMIT-READY BUILDING DE-
SIGN PROGRAM):
AN ORDINANCE TO AMEND
§171.13 PROPERTY OWNER TO
CONSTRUCT SIDEWALK OR
CONTRIBUTE COST OF SIDE-
WALK OF THE UNIFIED DEVEL-
OPMENT CODE TO PROVIDE FOR
CHANGES ASSOCIATED WITH
THE PERMIT-READY BUILDING
DESIGN PROGRAM,AND TO AD-
JUST THE CALCULATION FOR
PAYMENT OF FEES IN LIEU OF
SIDEWALK CONSTRUCTION
WHEREAS,at the meeting of
the Fayetteville City Council on
March 5,2024.staff presented
a proposed new§166.28—Per-
mit-Ready Building Design Pro-
gram;and
WHEREAS,staff has identified
an opportunity to more closely
coordinate the proposed new
Permit-Ready Building Design
Program with§171.13—Prop-
erty Owner To Construct Side-
walk or Contribute Cost of
Sidewalk;and
WHEREAS, the proposed
amendment to § 171.13 will
change the amount of the fee in
lieu for all projects city-wide
from$5.00 per square foot to an
amount established by the City
Engineer based on actual
construction costs,and will
also provide permit-ready build-
ing projects the option of con-
structing sidewalk or paying a
fee in lieu of construction with-
out requiring a variance.
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 repeals §
171.13 Property Owner To Con-
struct Sidewalk Or Contribute
Cost Of Sidewalk and enacts a
new§171.13 Property Owner
To Construct Sidewalk Or Con-
tribute Cost Of Sidewalk as
shown In Exhibit A attached
hereto.
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:$138.32
March 24,2024 386923