HomeMy WebLinkAboutOrdinance 4311 ORDINANCE NO. 4311
AN ORDINANCE REPEALING SECTION 171 . 12
PROPERTY OWNER TO CONSTRUCT SIDEWALK
UPON RECEIPT OF NOTICE, AND ADOPTING
A REPLACEMENT SECTION 171 . 12
WHEREAS, the current sidewalk ordinance occasionally required the
construction of a sidewalk in an isolated and impractical location, and
WHEREAS, it would be beneficial to use the resources that would be wasted
building such an impractical, isolated sidewalk to build a needed, useful sidewalk nearby.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That 171 . 12 Property Owner to Construct Sidewalk Upon Receipt
of Notice; Subsection A. Receipt of Notice; Subsection B. Application of Provisions of
the Code of Fayetteville shall be deleted and the following inserted in its stead:
171 .12 Property Owner to Construct Sidewalk or Contribute Cost of
Sidewalk
A. Requirement
The owner of any property abutting a public street or highway for
which a sidewalk is required by City's Master Street Plan shall
construct a sidewalk along said street or highway upon receipt of
notice issued at the time a building or parking lot permit is issued or a
lot split is approved.
1 . The property owner shall construct the sidewalk in accordance
with section 171 . 13 Sidewalk and Driveway Specifications.
2. If the City' s Sidewalk Administrator determines that
construction of the sidewalk would be unfeasible,
impracticable, or otherwise unsuitable at the property's
location, then the owner has the option to construct the
sidewalk anyway or contribute money in lieu of construction as
set forth below:
A. A cash contribution in lieu of construction shall be at the
rate of Three Dollars ($3 .00) per square foot of the
sidewalk that normally would have been required. The
cash contribution amount per square foot shall be reviewed
every three years and may be amended by the City Council.
• ord . 4311
B. Contribution in lieu of construction of sidewalks shall be
paid or construction of the sidewalks shall be completed
before receiving final plat approval, filing of a lot split, or
issuance of a Certificate of Occupancy.
C. Contributions must be expended within three (3) years
within the quadrant of the City in which the unbuilt
sidewalks are located.
D. Contributions shall be used to construct sidewalk projects
selected by the Sidewalk Administrator.
B. APPLICATION OF PROVISIONS
The provisions of this section shall only apply to the following
property:
1 . New Structure. On which a new structure is being built.
2. Existing Residential Structure. On which an existing
residential structure is being modified so as to increase the
number of dwelling units located therein or to change the use
to a nonresidential use.
3 . Parking Lot/Garage. On which a parking lot or parking
garage, having a minimum capacity of five automobiles, is
constructed or enlarged.
4. Lot Splits. Division of land into two or more pieces of
property, regardless of size.
5 . Additions. Additions of 2,500 square feet or larger.
6. Conditional Use. Any development which requires
FAYfI conditional use approval.
•.. t
AND APPROVED this ls` day of May, 2001 .
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�i1 r� APPROV
X/ 4
DrAN COODY, ayor
ATTEST:
By:
eat er Woodruff, City Cl
NAME OF FILE: Ordinance No. 4311
CROSS REFERENCE:
05/01 /01 Ordinance No. 4311
03/20/01 Departmental Memo to Planning Commissioners thru Tim Conklin thru
Chuck Rutherford from Kit Williams
Copy of City Codes 171 . 11 and 171 . 12
04/09/01 Planning Commission Minutes (Pages 15- 17)
05/01/01 Staff Review Form
05/04/01 Departmental Memo from City Clerk
05/10/01 Proof of Publication
NOTES:
ORDINANCE NO.
AN ORDINANCE REPEALING SECTION 171 . 12
PROPERTY OWNER TO CONSTRUCT SIDEWALK
UPON RECEIPT OF NOTICE, AND ADOPTING
A REPLACEMENT SECTION 171 . 12
WHEREAS, the current sidewalk ordinance occasionally required the construction of a
sidewalk in an isolated and impractical location, and
WHEREAS, it would be beneficial to use the resources that would be wasted building
such an impractical, isolated sidewalk to build a needed, useful sidewalk nearby.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That 171 . 12 Property Owner to Construct Sidewalk Upon Receipt of
Notice; Subsection A. Receipt of Notice; Subsection B. Application of Provisions of the Code
of Fayetteville shall be deleted and the following inserted in its stead:
171.12 Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk
A. Requirement
The owner of any property abutting a public street or highway for which
a sidewalk is required by City' s Master Street Plan shall construct a
sidewalk along said street or highway upon receipt of notice issued at the
time a building or parking lot permit is issued or a lot split is approved.
1 . The property owner shall construct the sidewalk in accordance with
section 171 . 13 Sidewalk and Driveway Specifications.
2. If the City' s Sidewalk Administrator determines that construction of
the sidewalk would be unfeasible, impracticable, or otherwise
unsuitable at the property's location, then the owner has the option
to construct the sidewalk anyway or contribute money in lieu of
construction as set forth below:
A. A cash contribution in lieu of construction shall be at the rate of
Three Dollars ($3 .00) per square foot of the sidewalk that
normally would have been required.
B. Contribution in lieu of construction of sidewalks shall be paid or
construction of the sidewalks shall be completed before
receiving final plat approval, filing of a lot split, or issuance of a
Certificate of Occupancy.
C. Contributions must be expended within three (3) years within
the quadrant of the City in which the unbuilt sidewalks are
located.
D. Contributions shall be used to construct sidewalk projects
selected by the Sidewalk Administrator.
E. APPLICATION OF PROVISIONS
The provisions of this section shall only apply to the following property:
1. New Structure. On which a new structure is being built.
2. Existing Residential Structure. On which an existing residential
structure is being modified so as to increase the number of dwelling
units located therein or to change the use to a nonresidential use.
3. Parking Lot/Garage. On which a parking lot or parking garage,
having a minimum capacity of five automobiles, is constructed or
enlarged.
4. Lot Splits. Division of land into two or more pieces of property,
regardless of size.
5. Additions. Additions of 2,500 square feet or larger.
6. Conditional Use. Any development which requires conditional
use approval .
PASSED AND APPROVED this day of April, 2001 .
APPROVED:
BY:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
D
FAYETTEVItI.E
THE CITY OF FAYETTEVIEEE. ANKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Planning Commissioners
Thru: Tim Conklin, Planning Director
Thru: Chuck Rutherford, Sidewalk A
dministrator
From: Kit Williams, City Attorney 'a�
Date: March 20, 2001
Re: Sidewalk Ordinance
The City Council Sidewalk and Trails Committee would like
the Planning Commission to review and comment upon the
proposed change in the Sidewalk Ordinance. (A copy of the
proposed Ordinance with changes is enclosed along with the current
Sidewalk Ordinance.) The major change would allow the City
Sidewalk Administrator to accept money in lieu of the construction of
an impractical, isolated sidewalk. As written both the Administrator
and property owner would have to agree to the contribution in lieu
of construction. The other major change is enlargement of properties
affected (lot splits, renovations, conditional uses) .
Finally, I request you look at the timing sequence both for
notice to construct and when contributions in lieu of construction
would have to be made. Please let me know if these permit times
need to be adjusted or changed both for the overall permitting
process and for when the sidewalks should be constructed in the
home/building construction process.
C
C
1
hereunder when he/she finds:
B. Advance notification must be
1 . That the plans have been given the city official for inspections under
approved. this section.
2. That the work shall be done (Code 1991 , 98.65 ;Code 1965, § 18-30; Ord.
according to the specifications contained No. 1790, 3- 15-71 )
herein.
3. That the operation will not §171.12 PROPERTY OWNER TO
unreasonably interfere with vehicular and CONSTRUCT SIDEWALK UPON
pedestrian traffic, the demand and necessity RECEIPT OF NOTICEe
for parking spaces , and the means of ingress
to and egress from the property affected and A. Receipt of Notice. The owner of
adjacent properties. any propertY abutting a public street or
highway for which a sidewalk is shown on the
4. That the health, welfare, City 's Master Sidewalk Plan shall construct a
and safety of the public will not be sidewalk along said street or highway within
unreasonably impaired three months from receipt of notice from the
mayor or his designee. Said notice shall be
B, Any permit issued shall expire issued at the time a building permit for the
three months from the date of issue and may property is issued.
be renewed upon application.
B. Application of Provisions. The
(Code 1991 , §98.64; Code 1965, § 1 &29, Ord. provisions of this section shall only apply to
No. 1790, 3-15-71) the following property:
1. New Structure. On which
§171 .11 INSPECTION OF WORK; a new structure is being built;
REPLACEMENT OF REJECTED
`,i3O� 2. Existing Residential
Structure. On which an existing residential
A. The city official shall make all structure is being modified so as to increase
necessary inspections before, during and after the number of dwelling units located therein
the construction of all sidewalks, curbing and or to change the use to a nonresidential use.
guttering to insure the work is being done in -
accordance with the plans and specifications. 3. Parking Lot/Garage. On
In the event any or part of any work is not which a parking lot or parking garage, having
done in a satisfactory manner or not in a minimum capacity of seven automobiles, is -
conformity with the plans and specifications, constructed or enlarged.
the city official shall notify the contractor and
owner in writing of his non-acceptance of the (Code 1991 , §98.66; Code 1965, l &31 ; Ord.
work. All such rejected work shall be No. 2653, 8-540; Ord. No. 2780, 11.17-81 ;
removed and replaced within 30 days of this Ord. No. 2917, 5-343; Ord. No. 3113, 9-3-
notification. 85)
a
Planning Commission
April 9, 2001
Page 15
New Business:
AD 01-8.00: Administrative Item (Sidewalk Escrow Fund) request to amend chapter 171 , Streets
and Sidewalks of the Unified Development Ordinance to provide for an escrow account for making a
cash contribution in lieu of sidewalk construction for certain projects.
Estes: The next item of business is our first item of new business. It was originally on our
agenda as item number 11 at the agenda session. It is administrative item 01 -8.00,
sidewalk escrow fund to amend chapter 171 , Streets and Sidewalks of the Unified
Development Ordinance to provide for an escrow account for making a cash
contribution in lieu of sidewalk construction for certain projects. The reason that this
item that this item has been moved forward on the agenda is that staff has asked that
Mr. Chuck Rutherford, who is our Sidewalk and Trails Administrator, make a
presentation to us and he is now at the podium. Chuck, why do we have this before us
and what is this all about?
Rutherford: You have a letter in your packet that explains what this is all about. The City of
Fayetteville requires sidewalks to be constructed in accordance to the Master Street
Plan at the time of the building permit, parking lot permit or lot split approval.
Sometimes it is just not feasible to construct a sidewalk due to the amount of changes
that will be required because of the existing elevation. Also, sidewalks are required that
can be an isolated sidewalk. When the above situation happens, money in lieu is an
option and this will allow the funds to be used for sidewalks where they can better
serve the citizens of Fayetteville.
PUBLIC COMMENT:
Estes: Is there any member of the audience which would like to comment on Administrative
Item 01 -8.00, Sidewalk Escrow Fund?
COMMISSION DISCUSSION:
Estes: Seeing none, I ' ll bring the item back to the Commission for discussion, motions,
comments.
Williams: Pursuant to our agenda session, of course item number five had been slightly amended
and it hasn't been amended in this but I think it was the agreement of the Planning
Commission at the agenda session that we would be amending Additions. "Additions
of 2,500 square feet or larger", would be how that reads. I just wanted to make sure
that was correct before you all made a recommendation to City Council.
Planning Commission
April 9, 2001
Page 16
Estes: Mr. Williams the note that I made at agenda was under subpart B, Application of
Provisions, item number five to read "Exterior additions of 2,500 square feet or larger",
is that correct?
Williams: That would be fine. I don't think you necessarily need exterior in there if you have an
addition but if you want to have it we will certainly leave it in there.
Estes: Are you okay with that?
Williams: I'm fine.
Estes: Commissioners, any other discussion?
Hoffman: I'm in favor of the amendment because we had an excellent example of that placed on
15`h Street.
Rutherford: The one just recently on 6th Street, yes.
Hoffman: I think most of the Commission will remember that. We had an existing condition, a
sidewalk and right-of-way dedication requirement that just didn't make sense in that
location and could have been better utilized in other places. I agree with the
amendment proposed by Chairman Estes with keeping the word exterior.. . Let me
think about this. You can make an addition inside the building and add more square
footage if you added a mezzanine, so let' s just take the word exterior out if we could.
"Additions in excess of 2,500 square feet".
Estes: I don't think anybody seconded my motion, if you want to go ahead and make that
motion.
MOTION:
Hoffman: I 'll go ahead and make a motion "additions exceeding 2,500 square feet".
Estes: How do you want that to read, Commissioner Hoffman?
Hoffman: I missed that part, I don't have the rest of the sentence.
Williams: How about "additions of 2,500 square feet or larger"?
Planning Commission
April 9, 2001
Page 17
Hoffman: That's my motion.
Ward: I 'll second.
Estes: We have a motion to approve administrative item 01 -8.00 with the amendment and a
second. Is there any other discussion or comments? Seeing none, Sheri, will you call
the roll please?
ROLL CALL:
Upon roll call AD 01 -8.00 is approved by a unanimous vote of 9-0-0.
STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of May 1 , 2001 .
FROM :
Tim Conklin Planning Puhlic Works
Name Division�/ / Department
ACTION REQUIRED : To approve a on for AD 01 -8 .00 to amend Chapter 171 "Streets and Sidewalks", Section e
171 . 12 "Property Owner to Construct Sidewalk Upon Receipt of Notice" of the Unified Development Ordinance to adopt
a replacement section 171 . 12 to include a change that would allow the City Sidewalk Administratorto accept money in lieu
of construction and enlargement of properties affected (lot splits, renovations, conditional use), submitted by the City of
Fayetteville, Planning Division.
COST TO CITY :
Cost of this Request Category/Project Budget Category/Project Name
Account Number Funds Used To Date Program Name
Project Number Remaining Balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Accounting Manager Date Internal Auditor Date
�� � - �
C ' y Attorne *DatADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval and Planning Commission voted 9-D- D to
recommend to Cit C c ' .
Division a Date / Cross Reference
F- � { New Item : YES
Dep r ment Di ector DaFe
\ Prev Ord/Res # :
t ati e S vic Director Da e
// Orig Contract Date :
Mayor / Da e
Orig Contract Number :
FAYETTEVItLE r
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Chuck Rutherford, Sidewalks and Trails
From: Heather Woodruff, City Clerk
Date: May 4, 2001
M
Ci
Attached is a copy of the ordinance amending Section 171 . 12 of the Code of Fayetteville. The
original will be microfilmed and filed with the City Clerk.
cc: Tim Conklin, Planning
Jim Beavers, Engineering
7 �