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HomeMy WebLinkAboutOrdinance 6864113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6864 File Number: 2024-01107 CHAPTER 172 PARKING REQUIREMENTS (AMENDMENT): AN ORDINANCE TO AMEND CHAPTER 172 PARKING AND LOADING OF THE UNIFIED DEVELOPMENT CODE TO REVISE THE CITY'S REGULATIONS RELATED TO RESIDENTIAL PARKING REQUIREMENTS, PARKING REDUCTIONS, AND PARKING LOT LOCATION STANDARDS WHEREAS, the tenants of large apartment buildings may adversely affect a neighborhood if sufficient off-street parking or additional new on -street parking is insufficient to protect the parking availability needs of current neighbors; and WHEREAS, the Planning Commission should be able to analyze the current parking availability and sufficiency in a neighborhood near the proposed new apartment building to determine if any reductions in the minimum parking requirements should be granted. 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 amends § 172.04 Parking Lot Design Standards by adding a new sentence to (D) so that it reads as follows: "(D) Compact Spaces. A maximum of 35% of the total spaces are allowed to be compact spaces for nonresidential uses and a maximum of 20% are allowed to be compact spaces for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker." and the City Council amends (E) Dimensional Requirements, Table 1 to change the width requirements of compact spaces from 7.5 feet to 8 feet for all parking spaces except parallel parking. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.05 Standards for the Number of Spaces by Use and enacts a replacement § 172.05 as shown in Exhibit A attached hereto and made a part hereof: Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.06 Parking Lot Location Standards and enacts a replacement § 172.06 as shown in Exhibit B attached hereto and made a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.11(B) and enacts a replacement § 172.11(13) as follows: "(B) Applicability. Page 1 Ordinance: 6864 File Number.' 2024-01107 The following requirements shall apply to properties that require four (4) or less parking spaces. The regulations herein do not apply to motor vehicles located completely within or underneath garages or carports, nor to properties zoned Residential Agricultural." PASSED and APPROVED on May 6, 2025 Approved: I �19 Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 197.60 Page 2 Exhibit A 172.05 Standards for the Number of Spaces by Use (A) Non -Residential Parking Requirements. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces provided shall be limited to the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05(3). The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (B) Residential Parking Requirements. The minimum and maximum number of spaces required for residential use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (1) Reductions for Residential Use. Residential uses may utilize the following reductions to the minimum number required off-street parking ratios listed in Table 3. If the applicant does not provide the number of parking spaces allowed by Table 3, the applicant shall provide for approval by the Zoning and Development Administrator relevant parking utilization data or a parking analysis demonstrating how they will provide adequate parking for the proposed residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. The statement or analysis shall address factors such as abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments, potential and compounding impacts on surrounding neighborhoods and commercial districts, existing use of on -street parking, capacity for additional on -street parking, density of existing buildings, emergency vehicle access, fire safety, and whether existing properties have off-street parking available. (a) Developments with 1-50 bedrooms may be allowed a maximum reduction of 35% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (b) Developments with 51-100 bedrooms may be allowed a maximum reduction of 20% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (c) Developments with 101-250 bedrooms may be allowed a maximum reduction of 15% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (d) Developments with 251 or more bedrooms may be allowed a maximum reduction of 10% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (e) Multi -family and mixed -use developments that include multi -family along N. College Ave. and S. School Ave. within the Urban Corridor (UC) zoning district may be allowed an additional reduction of 10% of the total spaces required without being required to apply for consideration and approval by the Planning Commission. (2) Criteria for Consideration of Additional Reductions for Residential Use by the Planning Commission. Applicants may request parking space reductions for residential use in addition to those listed in subsection 172.05(B)(1) subject to the requirements in subsection 156.03(C)(5). In reviewing the requested parking variance, the Planning Commission shall utilize the criteria in subsection 172.05(B)(1) to evaluate the request, and may consider factors such as proximity to transit stops, provision of covered and secured storage for bicycles, and other means of alternative transportation. The Planning Commission shall be limited to granting a maximum reduction of 35% total or 4 spaces, whichever is greater, for developments described in sections 172.05(B)(1). (C) Review of Parking Plan. If an application for a residential use was approved for a reduction in required parking and the project is being considered by the Planning Commission, a Planning Commissioner may move that the Planning Commission review the decision by the Zoning and Development Administrator concerning the adequacy and correctness of the applicant's proposed parking plan pursuant to the factors in subsection 172.05(B)(1). If this motion passes, the Planning Commission may review and amend the Zoning and Development Administrator's decision. However, the Planning Commission may not reduce the mandatory minimum parking reductions granted by the Zoning and Development Administrator for a development of 50 or fewer bedrooms. (D) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements may be approved by the Zoning and Development Administrator if they meet the conditions below: (1) Shared Parking Between Developments. Formal arrangements that share parking between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are allowed as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Zoning and Development Administrator. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. (E) Maximum Number of Parking Spaces Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the maximum number of allowed spaces listed in Table 3 when the following standards are met: (1) Developments may increase the number of off-street parking spaces by up to 15% above the parking ratios listed in Table 3. (2) Developments may increase the number of off-street parking spaces by up to an additional 10% when alternative stormwater treatment techniques are utilized, such as: (a) Bioswales (b) Constructed wetlands (c) Pervious pavement (d) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (3) Developments may increase the number of off-street parking spaces by up to an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (F) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (1) Rounded to the next higher whole number when the fraction is 0.5 or higher. (2) Rounded to the next lower whole number when the fraction is less than 0.5. (G) On -Street Parking. Each on -street parking space adjacent to a project frontage that complies with adopted fire code may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (H) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. TABLE 3 PARKING RATIOS (Use and Required Minimum and Maximum Spaces) Residential Residential Use Type Minimum Parking Spaces Required Maximum Parking Spaces Allowed Single-family 2 per dwelling unit None Duplex, triplex, or quadplex 2 per dwelling unit 4 per dwelling unit Townhouse 2 per dwelling unit or one per bedroom, whichever is reater 1 per bedroom Multi -family 1 per bedroom 1 per bedroom Exhibit B 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A)Permitted Locations by Right. Parking lots shall be located within the same zoning district and on the same site as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted Locations as a Conditional Use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off -Site Locations. If off-street parking cannot be provided on the same site as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. (D) Intermittent Parking. Uses which generate only intermittent demand for parking may count available on -street parking within 600 feet of the building as part of required parking, subject to the approval of the Planning Commission. CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 6, 2025 TO: Mayor Rawn and City Council THRU: Kit Williams, City Attorney FROM: CITY COUNCIL MEMO SUBJECT: LEG TXT - ORD AMEND § 172 PARKING AND LOADING RECOMMENDATION: 2024-01107 AMEND § 172.05 (A)(2) FOR THE REQUIRED PARKING FOR RESIDENTIAL DEVELOPMENTS TO EMPOWER THE PLANNING COMMISSION TO LOWER THE MINIMUM PARKING REQUIREMENTS IN APPROPRIATE SITUATIONS BACKGROUND: The tenants of large apartment buildings may adversely affect a neighborhood if sufficient off-street parking or additional new on -street parking is insufficient to protect the parking availability needs of current neighbors. The Planning Commission should be able to analyze the current parking availability and sufficiency in a neighborhood near the proposed new apartment building to determine if any reductions in the minimum parking requirements should be granted. DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: City Attorney Memo (#3), Current Code (#4), Agenda Request (#5), City Attorney Memo - Remove from Table (#6), Amendments to Chapter 172 Recommended by Ordinance Review Committee - Strikethrough Version (#7), Council Member Berna - Proposed Ordinance Amendment (#8-1), Council Member Berna - Proposed Exhibit A Amendment (#8-2), Council Member Berna - Proposed Exhibit B Amendment (#8- 3), Chapter 172 - Exhibit A - Final, Chapter 172 - Exhibit B - Final 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 #: 2024-01107 CHAPTER 172 PARKING REQUIREMENTS (AMENDMENT): AN ORDINANCE TO AMEND CHAPTER 172 PARKING AND LOADING OF THE UNIFIED DEVELOPMENT CODE TO REVISE THE CITY'S REGULATIONS RELATED TO RESIDENTIAL PARKING REQUIREMENTS, PARKING REDUCTIONS, AND PARKING LOT LOCATION STANDARDS WHEREAS, the tenants of large apartment buildings may adversely affect a neighborhood if sufficient off-street parking or additional new on -street parking is insufficient to protect the parking availability needs of current neighbors; and WHEREAS, the Planning Commission should be able to analyze the current parking availability and sufficiency in a neighborhood near the proposed new apartment building to determine if any reductions in the minimum parking requirements should be granted. 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 amends § 172.04 Parking Lot Design Standards by adding a new sentence to (D) so that it reads as follows: "(D) Compact Spaces. A maximum of 35% of the total spaces are allowed to be compact spaces for nonresidential uses and a maximum of 20% are allowed to be compact spaces for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker." and the City Council amends (E) Dimensional Requirements, Table 1 to change the width requirements of compact spaces from 7.5 feet to 8 feet for all parking spaces except parallel parking. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.05 Standards for the Number of Spaces by Use and enacts a replacement § 172.05 as shown in Exhibit A attached hereto and made a part hereof - Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.06 Parking Lot Location Standards and enacts a replacement § 172.06 as shown in Exhibit B attached hereto and made a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.11(13) and enacts a replacement § 172.11(B) as follows: Page 1 Ordinance: 6864 File Number: 2024-01107 "(B) Applicability. The following requirements shall apply to properties that require four (4) or less parking spaces. The regulations herein do not apply to motor vehicles located completely within or underneath garages or carports, nor to properties zoned Residential Agricultural." Page 2 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manage FROM: Kit Williams, City Attorney •�'�-- _ __ DATE: December 19, 2024 RE: Proposed Amendment to the Reductions for Residential Use Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal Council Members Teresa Turk and Mike Wiederkehr expressed their concerns that the Unified Development Code currently gives the developer the absolute right to substantially reduce what should be the minimum number of parking spaces to be created for its future tenants without regard for potential harm to its residential neighbors. § 172.05 (A)(2)(a)(i), (ii), and (iii) authorizes the developer to reduce the minimum spaces to be provided by more than one third. (Copy attached) As was clearly revealed by the recent Lofts apartment complex proposal along Nelson Hackett and South Streets, established neighborhoods with smaller or narrower streets that limit parking coupled with many houses without driveways which are dependent upon on street parking places could be overwhelmed when more than a third of a large apartment complex's tenants must resort to taking all available on street parking places near the apartment complex. The way the U.D.C. now reads, this 35% reduction in required residential parking spaces is a "by right" decision of the developer which even the City Council cannot override regardless of legitimate neighborhood concerns. Council Members Teresa Turk and Mike Wiederkehr want to change this to a normal variance which can be approved, rejected or modified by the Planning Commission depending on the actual, real world situation wherever the apartment complex is being proposed. The Planning Commissions decision on this variance could then be appealed for a final decision by the City Council. Council Members Teresa Turk and Mike Wiederkehr who are sponsoring this proposed amendment to the "Reductions for Residential Use" subsection can further explain their reasons for sponsoring this ordinance (copy attached) in an attempt to better protect existing neighborhoods throughout Fayetteville. 172.04 FAYETTEVILLE CODE OF ORDINANCES TITLE XV UNIFIED DEVELOPMENT CODE (G) HillsidelHilltop Overlay District. (1) Separation of Parking Pads in Multi -Family, and Non -Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. (3) Maximum Number of Spaces per Parking Lot for Multi -Family and Non -Residential Uses. Parking pads shall have a maximum of thirty (30) spaces per pad. (4) Parking Lot Location. Parking lots shall be set back with a minimum of 35 feet of undisturbed area required adjacent to the street right-of-way. (5) Multi -Family and Non -Residential Uses. Developers of multi -family and non-residential uses in the Hillside Overlay District are encouraged to refer to the Hillside Best Manage- ment Practices Manual for guidance and direction in the design of their project. (Ord. No. 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No. 4917, 9-05-06; Ord. No. 5044, 8-07-07; Ord. No. 5079, 11-20-07; Ord. No. 5297, 12-15-09; Ord. No. 5592, 06-18-13; Ord. No. 5680, 4-15-14; Ord. No. 5841, §§1-3, 1-5-16; Ord. No. 5859, §2, 3-15-16; Ord. No. 6325, §1, 6-16-2020; Ord. No. 6350, §9(Exh. G), 8-18-2020) 172.05 Standards For The Number Of Spaces By Use (A) Required Parking, G J (1) Non -Residential Use. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces shall be limited based on the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05. The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (2) Residential. The minimum and maximum number of spaces required for residential use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (a) Reductions for Residential Use. Residential uses may utilize the following reduc- tions to the minimum number required off-street parking ratios listed in Table 3 when the following standards are met: (i) Transit Stops. Properties located within a'/< mile radius of a transit stop may further reduce the minimum off-street parking requirements by up to 15%. Supp. No. 19 CD172:8 FAYETTEVILLE CODE OF ORDINANCES 172.05 TITLE XV UNIFIEDDEVELOPMENT CODE (ii) Motorcycle and Scooter Spaces. Up to 10% of the required automobile parking spaces may be substituted with motorcycle/scooter parking at a rate of one (1) motorcycle/scooter space for one (1) automobile space. (iii) Bike Racks. Up to 10% of required automobile parking may be substituted with bicycle parking at a rate of one (1) additional bicycle rack for one (1) automobile space. This reduction shall be allowed in addition to other vari- ances, reductions and shared parking agreements. (iv) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occu- pancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1) Shared Parking Between Developments. Formal arrangements that share parking between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement' is to be filed with the city for consideration by the Planning Commission. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. (3) Maximum Number Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. Supp. No. 19 CD172:8.1 CivicClerk No.: 2025- AGENDA REQUEST FORM FOR: Council Meeting of January 7, 2025 FROM: Council Members Mike Wiederkehr and Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 172.05 (A)(2) FOR THE REQUIRED PARKING FOR RESIDENTIAL DEVELOPMENTS TO EMPOWER THE PLANNING COMMISSION TO LOWER THE MINIMUM PARKING REQUIREMENTS IN APPROPRIATE SITUATIONS APPROVED FOR AGENDA: J1,046 I-vk Teresa Turk City Council Member Mike Wiederkehr City Council Me Kit Williams Approved as to form 11T Date Date 0CPYI-L1 [1, zoo Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk -Treasurer CC: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Britin Bostick, Long Range Planning FROM: Kit Williams, City Attorney J DATE: April 3, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Ordinance Review Committee Recommends Approval of an Amendment of the Allowed Reduction of Minimum Residential Parking Spaces On January 7, 2025, Council Member Teresa Turk and Mike Wiederkehr sponsored and brought to the City Council a proposal to amend § 172.05 for the required parking for residential developments. As you remember, this proposed amendment brought such extensive conversation and discussion by the City Council that it was tabled to allow the ordinance to be worked on by the Ordinance Review Committee. The Ordinance Review Committee had several informative, thoughtful and effective meetings in which the committee, working with Long Range Planner Britin Bostick, thoroughly considered how to address fire safety issues and neighborhood concerns while still allowing reasonable parking reductions from required minimums. We need to thank Fayetteville Fire Marshall Jeremy Ashley for explaining why some too large reductions from the minimum numbers of parking space requirements could endanger emergency responses especially by firetrucks to large apartment buildings and neighboring structures. Fire Marshall Ashley explained that the immediate area near any new proposed apartment building should be considered to determine how much on street parking can safely be utilized. If an existing large apartment building has already been allowed to build substantially less than the minimum parking spaces for its tenants because these overflow tenants could park on nearby streets, a later constructed apartment building nearby should not receive such large reductions in required parking because most on street parking spaces will have already been used and occupied. Therefore, the Ordinance Review Committee decided a revision of the Residential Parking Requirements should include an analysis of "abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments ... capacity for additional on - street parking, density of existing buildings, emergency vehicle access, fire safety...." {proposed § 172.05 (13)(1) (attached)) The proposed parking reductions no longer rely upon counting bike racks, compact parking spaces (not very usable in a parking deck), motorcycle spaces, or having a bus stoop within a quarter mile to reduce required parking. Instead, reduction could rely both upon the real -life parking analysis of the area as well the size of the apartment building. Fire Marshal Ashley pointed out that access problems for emergency services were most often tied to large apartment buildings where many more tenants have no on -site parking. Therefore, larger percent reductions of required parking should be allowed for smaller buildings than the largest apartment buildings. The Zoning and Development Administrator will initially review the parking plan which if satisfactory will authorize from 10% to 20% reductions in required minimum parking spaces to be constructed. When and if the project is presented for review by the Planning Commission, no review of Zoning and Development Administrator's decision about the parking plan will necessarily be reviewed by the Planning Commission. The Planning Commission would actually have to vote to review such decision which would probably occur mainly for large apartment buildings in areas where on -street parking is already somewhat limited. Because the Planning Commission is empowered to review the parking plan's adequacy, the City Council would on appeal have the same review power. As City Attorney, I have encouraged the City Council to maintain its ultimate authority to decide important issues that could have large financial impacts. However, the Ordinance Review Committee also recognized that developers desire to avoid delays and reduce uncertainty for their proposed developments. Therefore, the Committee also recommends that a "safe harbor" provision be included and offered as an option. This "safe harbor" provision provides that if the developer provides the initial minimum number of parking 01 spaces pursuant to Take 3 (one space per bedroom) without seeking any reductions, then no parking plan is needed and the adequacy of parking is not an issue for any review. Since the Table 3 minimum (maximum for commercial) is a legislative determination by the City Council, it should be upheld by the Courts because it has a rational basis (which is an easy test for us to pass). I am afraid that where reductions would be sought pursuant to the parking plans analysis, such decision might be deemed as an administrative rather than a legislative decision. If so, such an appeal would give little or no deference to the Planning Commission or City Council and instead be treated like a brand-new hearing. A developer could avoid that risk by not seeking optional parking reductions or other variances. That would totally be at the option of the developer. Those are the major changes proposed by the Ordinance Review Committee. That Committee also requested an Emergency Clause be placed on this ordinance, so these changes needed for safer development would be used by development proposals not yet justified to use the old code's problematic reductions. If this ordinance is not quickly enacted, and immediately effective, we might see developers trying to push new developments into or through our development review process to try to develop under current code's problematic parking reduction rules. Britin and I will be happy to answer any questions about this prosed Unified Development Code change to the possible reductions below the initial minimum parking requirements. Please call us at your convenience. The Ordinance Review Committee members will also be available to further explain the need for this change during the Agenda Session when we give public notice that the tabled ordinance shall be removed from the table on April 15 to be considered by the whole City Council. Attached is the two -page memo from the Fire Department discussing the need to amend the current ordinance. 3 � m n iu CITY OF FAYETTEVILLE ARKANSAS Parking Requirements and Challenges for Multi -Family Housing in Fayetteville Parking requirements for multi -family housing in Fayetteville are outlined in the City's Unified Development Code (UDC 172.05), which mandates one parking space per bedroom. However, the UDC currently allows developers to reduce parking by up to 35% as a matter of right, without requiring any assessment of the potential impact on the surrounding area (UDC 172.05(2)(a)). This significant reduction can create negative consequences, particularly in certain parts of the city, where it poses safety challenges for fire and police services, hinders access to new and existing structures, and complicates parking enforcement efforts. The Fayetteville Fire Department (FFD) supports revising the UDC to ensure that parking exemptions are not automatically granted. Instead, we recommend requiring comprehensive evaluations before any exemptions are approved. These evaluations should include parking studies and emergency services safety assessments specific to the proposed development site. Proposals for Consideration Require Parking and Safety Evaluations Upon Initial Submittal Parking ratios below the standard one parking spot per bedroom should be evaluated by multiple City divisions, including Parking, Transportation, Fire, and Police, before a reduction is allowed. These evaluations should consider factors such as street widths, existing parking enforcement issues, potential impacts on surrounding neighborhoods, density of existing buildings, and access issues. Conducting these assessments early in the development process can prevent delays while ensuring public safety and feasibility. 2. Place a Cap on Development Size for Parking Reductions Under current rules, developments can utilize up to a 35% parking reduction if they meet all criteria, which many projects do. While a 10-bedroom project reduced to seven parking spaces may not cause significant issues, a 780-bedroom project reduced to 507 spaces would result in a shortfall of 273 spaces. To address this, projects with fewer than 40 bedrooms could be allowed reductions by right, while larger projects should go through a variance process or undergo required assessments. 3. Develop a Sliding Scale for Reduced Parking Ratios A sliding scale for reduced parking ratios, based on the number of bedrooms, could help mitigate the impact of large-scale projects. For example, the reduction percentage could decrease as the number of bedrooms increases, as shown below: Office of the Fire Marshal 303 W Center St Fayetteville, AR 72701 www_fayetteville-a r.goN Maximum Parking # of Bedrooms Allowed Assessment Reduction Required 0�40 25% IYES 41-80 20% YES 81-120 15% IYES Over120 10% YES Such a system would still require developers to meet conditions for reductions, such as proximity to transit stops or provision of alternative parking options. 4. Create Parking Reduction Zones An overlay map of Fayetteville could designate areas suitable for parking reductions and areas where such reductions would be problematic. This map would need to be regularly updated, as an area may be able to absorb one development with reductions but not multiple projects. Current Challenges and Future Implications Currently, four new college housing projects are planned within a few blocks of City Hall, adding to an area that has two existing college housing complexes and currently struggles with parking enforcement and access issues. When completed, these six projects are expected to provide nearly 4,000 beds for college students, potentially resulting in a parking shortfall of 1,100-1,300 spaces. This situation could create problems that persist for decades. Enforcement is currently a challenge, primarily due to a lack of staff dedicated to parking enforcement. Fire, police, and parking management divisions do not have the necessary resources to address this issue effectively. To meet this need, any division tasked with enforcement would require a substantial budget increase. Consistent monitoring would be essential to ensure that fire access is not compromised. Closing Statement To address Fayetteville's growing development challenges and ensure sustainable growth, it is imperative that the City revises its parking regulations. By implementing proactive measures — such as requiring comprehensive parking and safety evaluations, capping development sizes, creating a sliding scale for parking reductions, and designating parking reduction zones —the City can balance growth with the safety, accessibility, and quality of life for its residents. With thoughtful planning, Fayetteville can support both its expanding population and the long-term safety needs of its community. Office of the Fire Marshal 303 W Center St Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 172 PARKING AND LOADING OF THE UNIFIED DEVELOPMENT CODE TO REVISE THE CITY'S REGULATIONS RELATED TO RESIDENTIAL PARKING REQUIREMENTS, PARKING REDUCTIONS, AND PARKING LOT LOCATION STANDARDS, AND TO DECLARE AN EMERGENCY WHEREAS, the tenants of large apartment buildings may adversely affect a neighborhood if sufficient off-street parking or additional new on -street parking is insufficient to protect the parking availability needs of current neighbors; and WHEREAS, the Planning Commission should be able to analyze the current parking availability and sufficiency in a neighborhood near the proposed new apartment building to determine if any reductions in the minimum parking requirements should be granted. 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 amends § 172.04 Parking Lot Design Standards by adding a new sentence to (D) so that it reads as follows: "(D) Compact Spaces. A maximum of 35% of the total spaces may be compact spaces. Compact spaces are allowed for commercial uses only and may not be used for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.05 Standards for the Number of Spaces by Use and enacts a replacement § 172.05 as shown in Exhibit A attached hereto and made a part hereof: Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.06 Parking Lot Location Standards and enacts a replacement § 172.06 as shown in Exhibit B attached hereto and made a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.11(13) and enacts a replacement § 172.11(B) as follows: "(B) Applicability. The following requirements shall apply to properties that require four (4) or less parking spaces. The regulations herein do not apply to motor vehicles located completely within or underneath garages or carports, nor to properties zoned Residential Agricultural." Section 5: Emergency Clause: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because the Fire Department has expressed concern that the current parking reduction regulations are creating potentially unsafe conditions in neighborhoods in which large multifamily residential developments are pushing residents to park off site along narrow streets and enacting these amendments immediately is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this 15t" day of April, 2025. APPROVED: IN ATTEST: R-B MOLLY A. RAWN, Mayor KARA PAXTON, City Clerk/Treasurer Exhibit A 172.05 Standards for the Number of Spaces by Use (A) Non -Residential Parking Requirements. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces provided shall be limited to the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05(3). If the applicant does not provide the number of parking spaces allowed by Table 3, the applicant shall provide for approval by the Zoning and Development Administrator relevant parking utilization data or a parking analysis demonstrating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. The statement or analysis shall address factors such as abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments, potential and compounding impacts on surrounding neighborhoods and commercial districts, existing use of on -street parking, capacity for additional on -street parking, density of existing buildings, emergency vehicle access, fire safety, and whether existing properties have off-street parking available. (B) Residential Parking Requirements. The minimum and maximum number of spaces required for residential use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (1) Reductions for Residential Use. Residential uses may utilize the following reductions to the minimum number required off-street parking ratios listed in Table 3. If the applicant does not provide the number of parking spaces allowed by Table 3, the applicant shall provide for approval by the Zoning and Development Administrator relevant parking utilization data or a parking analysis demonstrating how they will provide adequate parking for the proposed residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. The statement or analysis shall address factors such as abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments, potential and compounding impacts on surrounding neighborhoods and commercial districts, existing use of on -street parking, capacity for additional on -street parking, density of existing buildings, emergency vehicle access, fire safety, and whether existing properties have off-street parking available. (a) Developments with 1-100 bedrooms may be allowed a maximum reduction of 20% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (b) Developments with 101-250 bedrooms may be allowed a maximum reduction of 15% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (c) Developments with 251 or more bedrooms may be allowed a maximum reduction of 10% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (d) Multi -family and mixed -use developments that include multi -family along N. College Ave. and S. School Ave. within the Urban Corridor (UC) zoning district may be allowed an additional reduction of 10% of the total spaces required without being required to apply for consideration and approval by the Planning Commission. (2) Criteria for Consideration of Additional Reductions for Residential Use by the Planning Commission. Applicants may request parking space reductions for residential use in addition to those listed in subsection 172.05(B)(1) subject to the requirements in subsection 156.03(C)(5). In reviewing the requested parking variance, the Planning Commission shall utilize the criteria in subsection 172.05(B)(1) to evaluate the request. The Planning Commission shall be limited to granting a maximum reduction of 10% additional spaces to the reductions permitted by that section. (C) Review of Parking Plan. If an application for a residential use was approved for a reduction in required parking and the project is being considered by the Planning Commission, a Planning Commissioner may move that the Planning Commission review the decision by the Zoning and Development Administrator concerning the adequacy and correctness of the applicant's proposed parking plan pursuant to the factors in subsection 172.05(B)(1). If this motion passes, the Planning Commission may review and amend the Zoning and Development Administrator's decision. (D) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements may be approved by the Zoning and Development Administrator if they meet the conditions below: (1) Shared Parking Between Developments. Formal arrangements that share parking between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are allowed as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Zoning and Development Administrator. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. (E) Maximum Number of Parking Spaces Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the maximum number of allowed spaces listed in Table 3 when the following standards are met: (1) Developments may increase the number of off-street parking spaces by up to 15% above the parking ratios listed in Table 3. (2) Developments may increase the number of off-street parking spaces by up to an additional 10% when alternative stormwater treatment techniques are utilized, such as: (a) Bioswales (b) Constructed wetlands (c) Pervious pavement (d) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (3) Developments may increase the number of off-street parking spaces by up to an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (F) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (1) Rounded to the next higher whole number when the fraction is 0.5 or higher. (2) Rounded to the next lower whole number when the fraction is less than 0.5. (G) On -Street Parking. Each on -street parking space adjacent to a project frontage that complies with adopted fire code may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (H) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. TABLE 3 PARKING RATIOS (Use and Required Minimum and Maximum Spaces) Residential Residential Use Type Minimum Parking Spaces Required Maximum Parking Spaces Allowed Single-family 2 per dwelling unit None Duplex, triplex, or quadplex. 2 per dwelling unit 4 per dwelling unit Townhouse 2 per dwelling unit or one per bedroom, whichever is greater 1 per bedroom Multi -family 1 per bedroom 1 per bedroom Exhibit B 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A)Permitted Locations by Right. Parking lots shall be located within the same zoning district and on the same site as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted Locations as a Conditional Use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off -Site Locations. If off-street parking cannot be provided on the same site as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. (D) Intermittent Parking. Uses which generate only intermittent demand for parking may count available on -street parking within 600 feet of the building as part of required parking, subject to the approval of the Planning Commission. B. 1 §172.05 Parking Requirements (A)(2) (Amendment) 172.04 Parking Lot Design Standards (See: Illustration: Parking Dimension Factors) Received from: Blake Pennington 04/15/2025 4:58 PM (A) Maneuvering. Parking lots shall be designated, maintained, and regulated so that no parking or maneuvering incidental to parking will encroach into the areas designated for sidewalks, streets, or required landscaping. Parking lots shall be designed so that parking and un-parking can occur without moving other vehicles, unless a valet service has been approved as part of the development plans. Vehicles shall exit the parking lot in a forward motion. (B) Pedestrian Access. (1) Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (2) Parking lots may be utilized by restaurants, cafes, and similar uses where pedestrian seating, access, or service does not interfere with safe and functional circulation. If a parking lot utilized for outdoor service is determined to represent a hazard to pedestrian or vehicular use, sites may be required to include an implied or physical barrier with landscaping elements, gated fencing, changes in ground surface texture, material or color, or similar treatments. (C) Build -to Zone. A portion of a required parking lot may be located within the build -to zone, subject to the following: (1) A parking lot located within the build -to zone shall be screened with a masonry screen wall between 32 inches and 42 inches in height and 50% opaque minimum. (2) Parking lots that are located within the build -to zone shall comply with Chapter 177: Landscape Regulations, related to landscape setbacks. (3) Off -site parking lots shall be prohibited from being located within the build -to zone. (4) In urban zoning districts that specify urban form (i.e., a build -to zone) the intent is for drive-thru lanes, parking lot drive aisles, and parking spaces to be located to the side or rear of buildings. In urban zoning districts, a drive-thru lane, parking lot drive aisle, or parking spaces are not permitted to be located in the front yard directly between a building and the Master Street Plan right-of-way. (D) Compact Spaces. A maximum of 35% of the total spaces may be compact spaces. Compact spaces are allowed for commercial uses only and may not be used for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker. (E) Dimensional Requirements. (See Table 1) TABLE 1 DIMENSIONAL REQUIREMENTS Angle (A) Type Width (in ft.) (B) Curb length (in ft.) (C) One-way aisle width (in ft.) (D) Two-way aisle width (in ft.) (D) Stall depth (in ft.) E) 0° Standard 8 22.5 12 24 8 Parallel Compact 7.5 19.5 12 24 7.5 30° Standard 9 18 12 24 17 Compact 7.5 15 12 24 14 45° Standard 9 12.5 12 24 19 Compact 7.5 10.5 12 24 16 60° Standard 9 10.5 18 24 20 Compact 7.5 8.5 15 24 16.5 Page 1 of 7 172.05 Standards For The Number Of Spaces By Use (A) Non -Residential Parking Requirements^�� (1) Nen Residentiol ( Ise There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces provided shall be limited ha,;ed Auto the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05(3). If the applicant does not provide the number of parking spaces allowed by Table 3, the applicant shall provide for approval by the Zoning and Development Administrator relevant parking utilization data or a parking analysis demonstrating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. The statement or analysis shall address factors such as abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments, potential and compounding impacts on surrounding neighborhoods and commercial districts, existing use of on -street parking, capacity for additional on -street parking, density of existing buildings, emergency vehicle access, fire safety, and whether existing properties have off-street parking availabl ?.The applicant `hall r ide ^ statement er ^~long analyses inelieating hew they will PFeVide adequate PaFkiAg feF the PFePeSP_d_ IA8;n FP-Sid-Pentil-Al I-Irse *9 S.-HIGG LBJ4�—Residential Parking Requirements. The minimum and maximum number of spaces required for residentia use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (1a) Reductions for Residential Use. Residential uses may utilize the following reductions to the minimum number required off-street parking ratios listed in Table 3. If the applicant does not provide the number of parking spaces allowed by Table 3, the applicant shall provide for approval by the Zoning and Development Administrator relevant parking utilization data or a parking analysis demonstrating how they will provide adequate parking for the proposed residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. The statement or analysis shall address factors such as abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments, potential and compounding impacts on surrounding neighborhoods and commercial districts, existing use of on -street parking, capacity for additional on -street parking, density of existing buildings, emergency vehicle access, fire safety, and whether existing properties have off-street parking available. MAP-R the f ll,... iRg StandaFds aFe (a) Developments with 1-100 bedrooms may be allowed a maximum reduction of 20% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (b) Developments with 101-250 bedrooms may be allowed a maximum reduction of 15% of the total required spaces without being required to apply for automatic consideration and approval by the Planning Commission. (c) Developments with 251 or more bedrooms may be allowed a maximum reduction of 10% of the total required spaces without being required to apply for automatic consideration and approval by the Planning Commission. (d) Multi -family and mixed -use developments that include multi -family along N. College Ave. and S. School Ave. within the Urban Corridor (UC) zoning district may be allowed an additional reduction of 10% of the total spaces required without being required to apply for consideration and approval by the Planning Commission. Criteria for Consideration of Additional Reductions for Residential Use by the Planning Commission. Applicants may request parking space reductions for residential use in addition to those listed in Page 2 of 7 subsection 172.05(B)(1) subiect to the requirements in subsection 156.03(C)(5). In reviewing the requested parking variance, the Planning Commission shall utilize the criteria in subsection 172.05(B) to evaluate the request. The Planning Commission shall be limited to granting a maximum reduction of 10% additional spaces to the reductions permitted by that section. (C) Review of Parking Plan. If an application for a residential use was approved for a reduction in required parking and the project is being considered by the Planning Commission, a Planning Commissioner may move that the Planning Commission review the decision by the Zoning and Development Administrator concerning the adequacy and correctness of the applicant's proposed parking plan pursuant to the factors in subsection 172.05(B)(1). If this motion passes, the Planning Commission may review and amend the Zoning and Development Administrator's decision. (D) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements may be approved by the Zoning and Development Administrator if they meet the conditions below: 1) Shared Parkina Between Developments. Formal arrangements that share oarkine between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are allowed as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Zoning and Development Administrator. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. Bike RGek-s. UP te automobile spaGe. SAGr-ed PGF-king. PaF'(mRg FeqWiFemeRtS may be shaped vilhere can he determined that the peak paFkiRg deFnand ef the e)EiStiRg or proposed occupaRCY occur at different times (either da4y-of (1) ShGred PGFkil4g Between Develop.m-P.Pt-sm Fermal arrangemeRts that share parking between (3) ShGFedSPGC-e5. lRdividual spaces identified OR a sate plan for shared users shal! Rot be shared by more thaR one (I) user at the same time. (E-3) Maximum Number of Parking Spaces Allowed for Residential and Non -Residential Uses. Residential and non- residential developments may utilize the following increases to the maximum number of allowed e4 spaces listed in Table 3 when the following standards are met: (1a) Developments may increase the number of off-street parking spaces by up to 15% above the parking ratios listed in Table 3. Page 3 of 7 (b2) Developments may increase the number of off-street parking spaces by up to an additional 10% when alternative stormwater treatment techniques are utilized, such as: (a+) Bioswales ( 4) Constructed wetlands (Li4) Pervious pavement (dW) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (3e) Developments may increase the number of off-street parking spaces by up to an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (F4) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (1a) Rounded to the next higher whole number when the fraction is 0.5 or higher. (21a) Rounded to the next lower whole number when the fraction is less than 0.5. (G) On -Street Parking. Each on -street parking space adjacent to a project frontage that complies with adopted fire code may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (H7-) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03_ TABLE 3 PARKING RATIOS (Used and Required Minimum and Maximum Spaces) Residential Residential Use Type Minimum Parking Spaces Required Maximum Parking Spaces Allowed -Single-family, duplex, tFiplex 2 per dwelling unit None Duplex, triplex, or quadplex 2 per dwelling unit 4 per dwelling unit Townhouse 2 per dwelling unit or one per 1 per bedroom bedroom, whichever is greater Multi-familybec+se 1 per bedroom 1 1 per bedroom Page 4 of 7 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A) Permitted Locations by Right. Parking lots shall be located within the same zoning district and on the same site as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted Locations as a Conditional Use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off -Site Locations. If off-street parking cannot be provided on the same sited as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. (D) Intermittent Parking. Uses which generate only intermittent demand for parking, such as churches, may count available on -street parking within 600 feet of the building as part of required parking, subject to the approval of the Planning Commission. Page 5 of 7 172.11 Driveway And Parking Standards For Four (4) Or Less Parking Spaces (A) Purpose. The purpose of this ordinance section is to promote the public health, safety and general welfare, to prevent the adverse impacts associated with excess parking and over -occupancy of homes in single family districts, and to ensure that compatibility of land uses within single family districts remain intact. (B) Applicability. The following requirements shall apply to properties within single family districts that require four (4) or less parking spaces and , rties ..4h*n all , g dirt iGts that utilized fer a single family d^*^r"^d "^^^^ requiring feur (4) ^rless " parking spaGes. The regulations herein do not apply to motor vehicles located completely within or underneath garages or carports, nor to properties zoned Residential Agricultural. (C) Maximum number of parking spaces permitted. Unless otherwise permitted herein, a maximum of four (4) motor vehicles may be parked outdoors on a property containing a single family home(s) at any time, including driveways and other designated off-street parking areas. Parking for all other permitted uses shall conform to the Parking Ratio Table contained within this chapter. (D) Use of Front Yard Area for a Driveway and Off -Street Parking. Motor vehicles shall be parked in a driveway or off-street parking area that is clearly defined by pavement, a change in materials, edging, or other means. Driveways and off-street parking areas shall be limited to a maximum of 40% of the front yard area and shall meet the maintenance requirements as identified by this chapter. (E) Parking of Non -Motorized Vehicles in Front Yard Area. If parked within the front yard area of a property (including driveways), non -motorized recreational vehicles, trailers, and boats shall be counted toward the maximum total of four (4) motor vehicles permitted on the property. (F) Off -Street Parking on City Street Right -of -Way. The off-street parking of any motor vehicle, non -motorized recreational vehicle, boat or trailer shall be prohibited within the street right-of-way, which includes any sidewalk, greenspace or other area from the edge of the paved street through the width of the dedicated street right-of-way. On -street parking within properly designated areas of the street right-of-way may be permitted, in accordance with current traffic regulations. (G) Driveway Standards. (1) Driveway approach to property line. The driveway approach shall extend to the property line and/or master street plan right-of-way from the paved street and shall be designed, permitted, and paved with concrete in accordance with §171.13 Sidewalk and Driveway Specifications. (2) Driveways Beyond the Property Line. Driveways shall be paved from the property line and/or master street plan right-of-way with asphalt, concrete, brick or stone pavers, or other solid surface and shall extend 18 feet (length) into the property. To prevent vehicles from parking over the public sidewalk, garages and carports shall be positioned to provide at least 18 feet between the sidewalk or Master Street Plan right-of-way line and the garage or carport. (3) Driveways Beyond 18 Feet into the Property. Driveways beyond 18 feet into the property may be paved or unpaved and shall be clearly defined by landscaping or edging. (4) Unpaved Streets. These requirements are waived where the street to which the driveway connects is not paved. (H) Driveway and Parking Area Maintenance Requirements. (1) Paved. Driveways and parking areas that are paved shall be maintained to prevent erosion onto adjacent properties and to prevent dirt, rock and other materials from entering the street. Page 6 of 7 (2) Unpaved. Driveways and parking areas that are not paved shall be maintained to prevent erosion onto adjacent properties and to prevent dirt, rock and other materials from entering the street. Driveways and parking areas shall be constructed and maintained with adequate gravel, grasses, or other plants and/or landscaping materials to keep the area from becoming rutted, muddy and/or soil from being Page 7 of 7 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 172 PARKING AND LOADING OF THE UNIFIED DEVELOPMENT CODE TO REVISE THE CITY'S REGULATIONS RELATED TO RESIDENTIAL PARKING REQUIREMENTS, PARKING REDUCTIONS, AND PARKING LOT LOCATION STANDARDS, AND TO DECLARE AN EMERGENCY WHEREAS, the tenants of large apartment buildings may adversely affect a neighborhood if sufficient off-street parking or additional new on -street parking is insufficient to protect the parking availability needs of current neighbors; and WHEREAS, the Planning Commission should be able to analyze the current parking availability and sufficiency in a neighborhood near the proposed new apartment building to determine if any reductions in the minimum parking requirements should be granted. 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 amends § 172.04 Parking Lot Design Standards by adding a new sentence to (D) so that it reads as follows: "(D) Compact Spaces. A maximum of 35% of the total spaces may be compact spaces. Compact spaces are allowed for commercial uses only and may not be used for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.05 Standards for the Number of Spaces by Use and enacts a replacement § 172.05 as shown in Exhibit A attached hereto and made a part hereof: Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.06 Parking Lot Location Standards and enacts a replacement § 172.06 as shown in Exhibit B attached hereto and made a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.1 l(B) and enacts a replacement § 172.11(B) as follows: "(B) Applicability. The following requirements shall apply to properties that require four (4) or less parking spaces. The regulations herein do not apply to motor vehicles located completely within or underneath garages or carports, nor to properties zoned Residential Agricultural." Section 5: Emergency Clause: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because the Fire Department has expressed concern that the current parking reduction regulations are creating potentially unsafe conditions in neighborhoods in which large multifamily residential developments are pushing residents to park off site along narrow streets and enacting these amendments immediately is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this 15th day of April, 2025. APPROVED: ATTEST: By: By: MOLLY A. RAWN, Mayor KARA PAXTON, City Clerk/Treasurer Exhibit A 172.05 Standards for the Number of Spaces by Use (A) Non -Residential Parking Requirements. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces provided shall be limited to the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05(3). The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (B) Residential Parking Requirements. The minimum and maximum number of spaces required for residential use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (1) Reductions for Residential Use. Residential uses may utilize the following reductions to the minimum number required off-street parking ratios listed in Table 3. If the applicant does not provide the number of parking spaces allowed by Table 3, the applicant shall provide for approval by the Zoning and Development Administrator relevant parking utilization data or a parking analysis demonstrating how they will provide adequate parking for the proposed residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. The statement or analysis shall address factors such as abutting street widths, existing parking conditions, parking reductions already claimed by nearby residential and commercial developments, potential and compounding impacts on surrounding neighborhoods and commercial districts, existing use of on -street parking, capacity for additional on -street parking, density of existing buildings, emergency vehicle access, fire safety, and whether existing properties have off-street parking available. (a) Developments with 1-50 bedrooms may be allowed a maximum reduction of 25% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (b) Developments with 51-100 bedrooms may be allowed a maximum reduction of 20% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (c) Developments with 101-250 bedrooms may be allowed a maximum reduction of 15% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (d) Developments with 251 or more bedrooms may be allowed a maximum reduction of 10% of the total required spaces without being required to apply for consideration and approval by the Planning Commission. (e) Multi -family and mixed -use developments that include multi -family along N. College Ave. and S. School Ave. within the Urban Corridor (UC) zoning district may be allowed an additional reduction of 10% of the total spaces required without being required to apply for consideration and approval by the Planning Commission. (2) Criteria for Consideration of Additional Reductions for Residential Use by the Planning Commission. Applicants may request parking space reductions for residential use in addition to those listed in subsection 172.05(B)(1) subject to the requirements in subsection 156.03(C)(5). In reviewing the requested parking variance, the Planning Commission shall utilize the criteria in subsection 172.05(B)(1) to evaluate the request, and may consider factors such as proximity to transit stops, provision of covered and secured storage for bicycles, and other means of alternative transportation. The Planning Commission shall be limited to granting a maximum reduction of 35% total or 4 spaces, whichever is greater, for developments described in sections 172.05(B)(1). (C) Review of Parking Plan. If an application for a residential use was approved for a reduction in required parking and the project is being considered by the Planning Commission, a Planning Commissioner may move that the Planning Commission review the decision by the Zoning and Development Administrator concerning the adequacy and correctness of the applicant's proposed parking plan pursuant to the factors in subsection 172.05(B)(1). If this motion passes, the Planning Commission may review and amend the Zoning and Development Administrator's decision. (D) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements may be approved by the Zoning and Development Administrator if they meet the conditions below: (1) Shared Parking Between Developments. Formal arrangements that share parking between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are allowed as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Zoning and Development Administrator. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. (E) Maximum Number of Parking Spaces Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the maximum number of allowed spaces listed in Table 3 when the following standards are met: (1) Developments may increase the number of off-street parking spaces by up to 15% above the parking ratios listed in Table 3. (2) Developments may increase the number of off-street parking spaces by up to an additional 10% when alternative stormwater treatment techniques are utilized, such as: (a) Bioswales (b) Constructed wetlands (c) Pervious pavement (d) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (3) Developments may increase the number of off-street parking spaces by up to an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (F) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (1) Rounded to the next higher whole number when the fraction is 0.5 or higher. (2) Rounded to the next lower whole number when the fraction is less than 0.5. (G) On -Street Parking. Each on -street parking space adjacent to a project frontage that complies with adopted fire code may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (H) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. TABLE 3 PARKING RATIOS (Use and Required Minimum and Maximum Spaces) Residential Residential Use Type Minimum Parking Spaces Required Maximum Parking Spaces Allowed Single-family 2 per dwelling unit None Duplex, triplex, or quadplex 2 per dwelling unit 4 per dwelling unit Townhouse 2 per dwelling unit or one per bedroom, whichever is reater 1 per bedroom Multi -family 1 per bedroom 1 per bedroom Exhibit B 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A)Permitted Locations by Right. Parking lots shall be located within the same zoning district and on the same site as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted Locations as a Conditional Use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off -Site Locations. If off-street parking cannot be provided on the same site as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. (D) Intermittent Parking. Uses which generate only intermittent demand for parking may count available on -street parking within 600 feet of the building as part of required parking, subject to the approval of the Planning Commission. Form v1.55 NVN R ECEIVE 05/12/2025 medla C TY OF FAYETTEV LLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 507066 PO#: Matter of ORD 6864 AFFIDAVIT•STATE OF ARKANSAS I, Maria Hernandez-Lopez,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON 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 6864 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$197.60. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 05/18/25;NWA n waonline.com 05/18/25 R Si Legal Clerk State of ARKANSAS.County of Sebastian - ter)' R .as Subscribed and sworn to before me on this 19th day of May, 2025 = p y.pC . ' ii NO ARY PUBLIC Ordinance.6864 File Number: 2024-01107 CHAPTER 172 PARKING RE- QUIREMENTS(AMENDMENT): AN ORDINANCE TO AMEND CHAPTER 172 PARKING AND LOADING OF THE UNIFIED DE- VELOPMENT CODE TO REVISE THE CITY'S REGULATIONS RE- LATED TO RESIDENTIAL PARK- ING REQUIREMENTS,PARKING REDUCTIONS, AND PARKING LOT LOCATION STANDARDS WHEREAS, the tenants o1 large apartment buildings may adversely affect a neighborhood if sufficient off-street parking ur additional new on-street park- ing is insufficient to protect the parking availability needs of current neighbors;and WHEREAS,the Planning Com- mission should be able to ana- lyze the current parking availability and sufficiency in a neighborhood near the pro- posed new apartment building to determine it any reductions in the minimum parking require- ments should be granted. NOW.THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,Arkansas hereby amends 172.04 Parking Lot Design Standards by adding a new sen- tence to(D)so that it reads as follows: "(D)Compact Spaces.A max- imum of 35%of the total spaces are allowed to be compact spaces for nonresidential uses and a maximum of 20%are al- lowed to be compact spaces for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker." and the City Council amends (E)Dimensional Requirements, Table 1 to change the width re- quirements of compact spaces from 7.5 feet to 8 feet for all parking spaces except parallel Parking. Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 172.05 Standards for the Num- ber of Spaces by Use and en- acts a replacement§172.05 as shown in Exhibit A attached hereto and made a part hereof: Section 3:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 172.06 Parking Lot Location Standards and enacts a re- placement§172.06 as shown in Exhibit B attached hereto and made a part hereof. Section 4:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 172.11(B)and enacts a replace- ment§172.11(B)as follows: "(B)Applicability. The following requirements shall apply to properties that re- quire four(4)or less parking spaces.The regulations herein do not apply to motor vehicles located completely within or un- derneath garages or carports, nor to properties zoned Resi- dential Agricultural." PASSED end APPROVED on May 6,2025 Approved: Molly Rawn.Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:S197.60 May 18,2025 507066