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ORDINANCE NO: 3806
AN ORDINANCE ESTABLISHING A DESIGN OVERLAY
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DISTRICT FOR THE U. S. 71 HIGHWAY CORRIDOR; AND
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AMENDING CHAPTER 160, ZONING CODE, OF THE r U'
FAYETTEVILLE CODE OF ORDINANCES TO ADD 3: c_
REGULATIONS AND STANDARDS FOR THE DESIGN m Im
OVERLAY DISTRICT FOR THE U. S. 71 HIGHWAY CORRIDOR. o c o
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WHEREAS, the City Council recognizes the distinctive scenic importance of the U. S. 71
Highway Corridor; and,
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WHEREAS, the City Council wishes to address the impact of the rapid growth along the
U. S . 71 Highway Corridor upon the health, safety and welfare of the general public; and,
WHEREAS, the City Council wishes to protect the environment and the natural resources
located along the U. S . 71 Highway Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . There is hereby established a Design Overlay District for the U. S. 71 Highway
Corridor.
Section 2. That Chapter 160, Zoning Code, of the Fayetteville Code of Ordinances shall
be amended to add the following:
§ 160. 045
DESIGN OVERLAY DISTRICT.
A. Purpose. The purpose of establishing a Design Overlay District for the
U. S. 71 Highway Corridor is as follows:
1 . To protect and enhance the distinctive scenic quality of the U. S. 71
Highway Corridor by providing for non-residential developments which will
maximize preservation and enhancement of the natural, rural, and open character of
the terrain and foliage.
2. To address the issues of traffic and safety.
3 . To address environmental concerns which include but are not
limited to, soil erosion, vegetation preservation, drainage and heat islands.
4. To preserve and enhance the economic value and viability of property
within and near the overlay district for the U . S . 71 Highway corridor.
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B. Overlay District Boundaries. The overlay district encompasses all lands
lying within 660' of each side of the right-of-way of U. S. Highway 71 from the
intersection of U. S. Highway 71 and State Highway 471 (a/k/a 71B) north to the City
limits of Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt
Expressway), and also that portion know as State Highway 471 S described more fully
as that portion of State Highway 471 which connects U. S. Highway 71 to State
Highway 471 (a/k/a North College) and all future extensions of U. S. Highway 71
within the City of Fayetteville. Said boundaries are set out on the official plat pages
along with a legal description of such boundaries located in the Planning Office.
C . Application of Overlay District Regulations and Standards. The
regulations and standards contained herein shall apply to all non-residential properties,
(including but not limited to new development, redevelopment and expansions of
existing development), located within the Overlay District boundaries. Such
regulations and standards shall be in addition to and shall overlay all other ordinance
regulations and standards, including but not limited to non-residential zoning district
and signage regulations and standards. Should the regulations and standards of the
underlying and overlay districts conflict, the overlay district regulations and standards
shall control.
D. Non-Residential Site Design and Development Standards.
1 . Setback From Right-of-Way. All principal and accessory non-
residential structures shall have a 50 foot building setback from the highway or street
right-of-way. Non-residential uses may reduce their building setback to 25 feet if
parking is not located between the structure and highway or street right-of-way.
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2. Green Space. A minimum of 25 feet of landscaped green space
exclusive of right-of-way shall be provided along the highway right-of-way and any
public street to which the development has frontage. Parking lots shall not encroach
into the green space and shall be screened when abutting a required green space area.
Trees shall be planted at the interval of one tree per 30 linear feet of green space area
when practicable.
3. Parking Lots. All parking lots for non-residential development shall
have 1 tree per 10 parking spaces. Trees shall be placed uniformly within the parking
lot or in islands within the lot providing a mirumum of 25 square feet of unpaved area
per tree. Parking lots shall be set back a minimum of five feet from any side property
line.
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4. Landscaping Treatment. Landscaping shall be required which is
sufficient to provide soil stability and promote suitable drainage. Landscaping shall
be primarily living plants and shall attempt to incorporate existing on-site trees and
shrubbery into the landscaping scheme and the landscaping plans shall indicate such
incorporation.
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a. Any required landscaping that dies or is damaged shall be
replaced by the current owner of the property. Where possible, native vegetation
should be used in order to minimize the amount of watering required. The City shall
require replacement vegetation if it is not maintained.
b. Tree species planted within these corridors should be
consistent with other species present, preferably native. Trees shall be 1 '/2" DBH at
planting with an expected height of 60' or more at maturity. Species selection shall
be at the discretion of the developer but if root or branching habits of plant material
should be a nuisance, (for example: roots breaking through the sidewalk, messy fruit,
etc.), plant materials shall be replaced at the owner's expense.
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5. Signage.
a. Non-Residential Free Standing Signs.
1) Each separate non-residential lot will be allowed a
single ground-mounted (monument) sign located on the building site. In the case of
lots with double frontage, two ground-mounted (monument) signs shall be allowed.
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2) The sign shall be a maximum of 6 feet high, 75
square feet in area, and set back a minimum of 10 feet from the property line.
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b. Wall Signs. One wall sign may be installed per business.
Sign area shall not exceed 20% of that wall area or 200 square feet, whichever is less.
A second sign may be allowed if it is determined that the structure has more than one
front facing a street or highway right-of-way.
c. Illumination. Only indirect lighting may be used for
illumination of all signs.
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d. Multiple Tenants. The owner of the building shall be
responsible for the provision of one monument sign with sign area for multiple
tenants.
e. Sign Content. Content of monument and wall signs shall
be limited to the name of the business. Advertising shall not be permitted on the
structure, wall sign or monument.
6. Curb Cuts. One curb cut shall be allowed per 200 feet of frontage.
No curb cuts shall be allowed within 250 feet of any intersection.
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7. Lighting. Parking lot lighting shall be designed and located in such
a manner to preserve the scenic appearance of the corridor. Lighting shall be shielded
and directed downward to the parking lot and light spread shall not reflect into the
adjacent neighborhood. Lighting shall not exceed 35 feet in height and shall utilize
sodium lighting fixtures.
8. Screening. All mechanical and utility equipment, trash enclosures,
and parking lots shall be screened in the following manner:
a. All mechanical and utility equipment on the side of the
building and/or on the ground shall be screened by fencing and/or vegetation if visible
from the highway/street right-of-way or residential property. Screening of roof-
mounted utilities shall be incorporated into the structure, utilizing materials
compatible with the supporting building.
UTILITY EQUIP.
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b. Trash enclosures shall be screened on three sides with the
access not visible from the street.
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c. Parking lots shall be screened by a four-foot high view-
obscuring landscaped berm, wall, landscaping, or combination of berm/wall and/or
landscaping. If view obscuring walls are utilized, they shall be set back a minimum
of 5 feet from the property line with landscaping located between the wall and
property line. All walls shall be constructed of wood, masonry, or natural-looking
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