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Home My WebLink AboutOrdinance 4387 ORDINANCE NO, 4387 AN ORDINANCE REPEALING SECTION 171 .12 OF THE UNIFIED DEVELOPMENT ORDINANCE, PROPERTY OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE COST OF SIDEWALK AND ADOPTING A REPLACEMENT SECTION 171 .12 OF THE UNIFIED DEVELOPMENT ORDINANCE THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §171 .12 of the Unified Development Ordinance, Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk; Subsection A. Requirement; Subsection B. Application of Provisions shall be deleted and the following inserted in its stead: " §171.12 Property Owner to Construction Sidewalk or Contribute Money In Lieu of Construction" 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. 1 . The property owner shall construct the sidewalk in accordance with section 171 .13 Sidewalk and Driveway Specifications. 2. A property owner may request a waiver to subsection 171 .12 A.1 . requiring sidewalk construction. The Sidewalk Administrator shall review the following factors to determine whether or not to grant the waiver: A. pedestrian traffic generators such as parks and schools in the area; • • Ord , 4387 B. the existence of a sidewalk network in the area; C. the density of current and future development in the area; D. the amount of pedestrian traffic likely to be generated by the proposed development; E. whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk; and F. the overall need for a sidewalk to be constructed on the lot. 3. If the Sidewalk Administrator grants the waiver to construct a sidewalk, the owner shall have an option to construct the sidewalk or to contribute money in lieu of construction as set forth below: A. The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development. B. To facilitate administration of this ordinance for certain recurrent types of development, the City Council has determined that the City will accept, as the roughly proportionate impact, the amount shown below: 1 . Single family house $630.00 2. Duplex $720.00 C. Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced • a Ord . 4387 contribution in lieu of the construction of sidewalks, all industrial, commercial, and multi-family developments shall make a cash contribution in lieu of the construction of the sidewalk at a rate of Three Dollars $3.00 per square foot of the sidewalk that normally would have been required. The amount per square foot and amounts for a single family house and a duplex shall be reviewed by the City Council at least every five years. D. Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a Certificate of Occupancy. E. Contributions must be expended within one (1) year to build a sidewalk close enough to serve the project being constructed. F. If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the Sidewalk Administrator. 4. An owner/ builder may appeal the Sidewalk Administrator's refusal to grant a waiver or the Administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06 D. B. APPLICATION OF PROVISIONS The provisions of this section shall only apply to the following property: 1 . New Structure. On which a new structure is build built. 2. Existing Residential Structure. On which an existing residential structure is being modified so as to increase the number of • . Ord . 4387 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. Additions. Additions of 2,500 square feet or larger. 5. Conditional Use. Any development which requires conditional use approval. PASSED and APPROVED this the 16th day of April, 2002. APPROVED: By: X/O� DAN COODY, May l U �• ! ^� ather Woodruff, City CZ rk NAME OF FILE: Ordinance No. 4387 CROSS REFERENCE: 04/16/02 Ordinance No. 4387 04/05/02 Memo to Mayor Coody from Kit Williams, City Attorney, regarding Sidewalk Ordinance 02/15/02 Planning Division Correspondence 02/11 /02 Planning Division Minutes (Pages 61 -72) 03/05/02 Staff Review Form 04/19/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk 05 /01 /02 Statement of Legal Advertising from Arkansas Democrat Gazett NOTES : ORDINANCE NO. AN ORDINANCE REPEALING SECTION 171 .12 OF THE UNIFIED DEVELOPMENT ORDINANCE, PROPERTY OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE COST OF SIDEWALK AND ADOPTING A REPLACEMENT SECTION171 .12 OF THE UNIFIED DEVELOPMENT ORDINANCE THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §171 .12 of the Unified Development Ordinance, Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk; Subsection A. Requirement; Subsection B. Application of Provisions shall be deleted and the following inserted in its stead: " §171.12 Property Owner to Construction Sidewalk or Contribute Money In Lieu of Construction" 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. 1 . The property owner shall construct the sidewalk in accordance with section 171 .13 Sidewalk and Driveway Specifications. 2. A property owner may request a waiver to subsection 171 .12 A. 1 . requiring sidewalk construction. The Sidewalk Administrator shall review the following factors to determine whether or not to grant the waiver: A. pedestrian traffic generators such as parks and schools in the area; B. the existence of a sidewalk network in the area; C. the density of current and future development in the area; D. the amount of pedestrian traffic likely to be generated by the proposed development; E. whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the contribution of the sidewalk; and F. the overall need for a sidewalk to be constructed on the lot. 3. If the Sidewalk Administrator grants the waiver to construct a sidewalk, the owner shall have an option to construct the sidewalk or to contribute money in lieu of construction as set forth below: A. The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development. B. To facilitate administration of this ordinance for certain recurrent types of development, the City Council has determined that the City will accept, as the roughly proportionate impact, the amount shown below: 1 . Single family house $630.00 2. Duplex $720.00 C. Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced contribution in lieu of the construction of sidewalks, all industrial, commercial, and multi-family developments shall make a cash contribution in lieu of the construction of the sidewalk at a rate of Three Dollars $3.00 per square foot of the sidewalk that normally would have been required. The amount per square foot shall be reviewed by the City Council within five years. D. Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a Certificate of Occupancy. E. Contributions must be expended within one (1) year to build a sidewalk close enough to serve the project being constructed. F. If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the Sidewalk Administrator. 4. An owner/builder may appeal the Sidewalk Administrator's refusal to grant a waiver or the Administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06 D. B. APPLICATION OF PROVISIONS The provisions of this section shall only apply to the following property: 1 . New Structure. On which a new structure is build 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. Additions. Additions of 2,500 square feet or larger. 5. Conditional Use. Any development which requires conditional use approval. PASSED and APPROVED this the day of April, 2002. APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVILE ` L THE CITY OF FAYETTEVIELE, ARKANSAS / KIT WILLIAMS, CITY ATTORNEY 4 DAVID WHITAKER, ASST. CITY ATTORNEY _ - - LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor FROM: Kit Williams, City Attorney DATE: April 5, 2002 RE: Sidewalk Ordinance The Sidewalk Ordinance Amendment needs to be returned to the Agenda (as Old Business) . The City Council Ordinance Review Committee met Thursday, April 4thand discussed proposed changes for over an hour with input from several Planning Commission members, the City Planner, and City Attorney. Attached is the agreed upon new ordinance that incorporates many improvements recommended by the Planning Commission, some fine tuning by the City Attorney and amendments by the City Council Ordinance Review Committee. u � 1 1 I 1 111 1 I 1 1 Jt : 1 • 'liltf IMP 111 1 a 1 ' • � 1 1 iv � I 1 lu 1l ul wll I 1 \ 1 \ 1111 1 ti '1 • n n _ 1 ` : 1n 1 n li n Ili :11 \ I u n , l . 1 Nlw n In I • n . 11 rUI 1 1 : 1 \ '1 1 \f 1 l 1 • - Y. 111 \ ' 11 11 N 1 • 11 1 \ I : 1 • L -� 1 . 11 • L -' Il 1 \ 1 : M 1 1 11 . \ 1 11 1 1 : 1 \ H • i wl . 1 1 '1 \ .+ 1 • 11 11 - VI1 'll 111 1 'l l � .. r 1 1 11 11 '•LI 1 - 1 - 1 1 1 ni r 1 1 1 1 1 1 u 1 1 . 1 1 1 1 • 1 1 \ 1 11 r 1 1 - 1 1 1 1 \ 1 \ 1 1 \ 1 1 1 1 : 11 V 1 / \ 1 1 ' 1 1 1 1 r I • : 1 1 1 1 1 1 1 . 1 ' \ 1 1 11 1 r 1 1 11 1 1 1 1 1 1 ' \ Iwl 1 q 1 n 1 1 1 1 1 1 1 YI 1 1 \ 114 1 1 >1 . 11111 11 . 11 M l 1 nll 1 : 11 w IIL : 11 Y \ 1 '• 1 - 1 1 1 11 -11 1 ' \ I L1 I 1 .1 •. - 1 \ II u . 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Page 3 CURRENT STATUS The Planning Commission voted 840-0 to recommend the City Council approved the proposed amendments to Section 171.12 subject to a change in wording of A.3 to wrbe Sidewalk" Administrator MM(instead of shall) grant the waiver based on a review of the following factors:'% RECObOdENDATION Staff and the Planning Commission recommend approval of the proposed amend to Section 171.12 of the Unified Development Ordinance. c4n9fitsmssetr oxaooc