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HomeMy WebLinkAboutOrdinance 4422 ORDINANCE NO. 4422 AN ORDINANCE ESTABLISHING SETBACK LINES ON SUCH STREETS AND HIGHWAYS AS ARE DESIGNATED BY THE MASTER STREET PLAN AND PROHIBITING THE ESTABLISHMENT OF ANY NEW STRUCTURE OR OTHER IMPROVEMENTS WITHIN THE SETBACK LINES. WHEREAS, master street planning is required to connect Fayetteville to other population centers and to provide for circulation within the community; and WHEREAS, new development must be provided with proper street access to alleviate problems associated with congestion and safety by requiring streets in sufficient number and of adequate size to accommodate peak traffic volumes, pedestrians and alternative modes of transportation; and WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with Resolution No. 97-96; and WHEREAS, state statute § 1445-418. Setback ordinance provides enabling legislation that gives municipalities the power to establish setback lines according to an adopted master street plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 166. 19 Master Street Plan Setbacks is hereby added to Chapter 166 Land Development as stated below: §166. 19 MASTER STREET PLAN SETBACKS. The City shall require the applicant/developer to establish a right-of-way setback line based on the right-of-way requirements for streets and highways designated by the Master Street Plan. Such setback line shall be considered the property line for such purpose of satisfying the requirements of the UDO. All building setbacks, required landscaping, parking lots, display areas, storage areas and other improvements and uses shall be located outside of such established setback area. The required width of setbacks, landscaped areas, buffers, and all other setback and yard requirements shall be dimensioned from the established I` right-of-way setback line. The establishment of any new structure or other improvements within the right-of-way setback is prohibited. PASSED and APPROVED this the I " day of October, 2002. APPROVED4DAOODY, By: lll�� Mayor i , A•I`I;ES BY: W ATHER WOODRUFF, Ci Jerk r' NAME OF FILE: Ordinance No. 4422 CROSS REFERENCE: Item # Date Document 1 10/01 /02 lordinance4422 2 10/08/02 Memo to Tim Conklin from Heather Woodruff NOTES : To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: September 18, 2002 Please find attached a copy of Ordinance No. (ADM 02-24.00) Establishing setback lines on The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit STAFF REVIEW FORM _ Agenda Request X Contract Review Grant Review For the Fayetteville City Council meeting of September 3 , 2002 . FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To adopt an ordinance establishing setback lines on such streets and highways as are designated on the Master Street Plan and prohibiting the establishment y�of any new structure or other improvements within the setback lines . ^ l ' 'I O X' 0z 4. OQ COST TO CITY : $ 0 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 Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Ac u tin Manager Date ADA Coordinator Date zz AN/G/ ;) Z City Atto ney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on August 12 , 2002 the Planning Commission voted 8 - 0 - 0 to recommend the ordinannce be approved bey/the y City Council . Cross Reference ' Div ' in H Date e ' recto �Date New Item : Yes No dmi ystrativ Services aD to Prev Ord/Res# : Dir ! M r D � Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE Mayor Dan Coody Fayetteville City Council FROM: Shelli Rushing, Associate Planner THRU: Tim Conklin, City Planner �� � - DATE: August 15, 2002 ADM 02-24.00: Administrative Item (Master Street Plan Setback Ordinance) to adopt an ordinance establishing setback lines on such streets and highways as are designated on the Master Street Plan and prohibiting the establishment of any new structure or other improvements within the setback lines. BACKGROUND The City of Fayetteville's current Master Street Plan was adopted on December 19, 2000 with Resolution Number 170-00-B. The Master Street Plan is a hierarchy of street types that are classified according to function. Each classification requires a specific right-of-way to accommodate the street. Section 166.06 Large Scale Development section C.6 requires developers to dedicate sufficient right-of-way as required by the Master Street Plan. The City also requests developers to provide a right-of-way.setback when a right-of- way dedication is not required. State statute allows municipalities to establish setback lines based on the rightof-way required for streets classified on the master street plan. The statute is as follows: §14-45-418. Setback ordinance. When a master street plan has been adopted and filed as provided, the legislative body of the city, upon recommendation of the commission, may enact ordinances establishing setback lines on such streets and highways as are designated by the plan and may prohibit the establishment of any new structure or other improvements within the setback lines. The City of Fayetteville does not currently have an adopted ordinance to establish setback lines for the streets and highways designated on the Master Street Plan. To continue the practice of requiring a right-of-way setback in accordance with state statutes, staff proposes the attached Master Street Plan Setback Ordinance. CURRENTSTATUS On August 12, 2002, the Planning Commission voted 8-0 to recommend the City Council approve the master street plan setback ordinance. RECOMMENDATION Staff and the Planning Commission recommend approval of ADM 02-24.00: Administrative Item (Master Street Plan Setback Ordinance). H:\USERS\COMMON\PLANNING\Reporls\City Council 2002\SEPMDM MSP Setback Ord.doc 0 ORDINANCE NO. AN ORDINANCE ESTABLISHING SETBACK LINES ON SUCH STREETS AND HIGHWAYS AS ARE DESIGNATED BY THE MASTER STREET PLAN AND PROHIBITING THE ESTABLISHMENT OF ANY NEW STRUCTURE OR OTHER IMPROVEMENTS WITHIN THE SETBACK LINES. WHEREAS, master street planning is required to connect Fayetteville to other population centers and to provide for circulation within the community; and WHEREAS, new development must be provided with proper street access to alleviate problems associated with congestion and safety by requiring streets in sufficient number and of adequate size to accommodate peak traffic volumes, pedestrians and alternative modes of transportation; and WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with Resolution No. 97� 96; and WHEREAS, state statute § 14-45-418. Setback ordinance provides enabling legislation that gives municipalities the power to establish setback lines according to an adopted master street plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 166. 19 Master Street Plan Setbacks is hereby added to Chapter 166 Land Development as stated below: §166.19 MASTER STREET PLAN SETBACKS. The City shall require the applicant/developer to establish a right-of-way setback line based on the right-of-way requirements for streets and highways designated by the Master Street Plan. Such setback line shall be considered the property line for such purpose of satisfying the requirements of the UDO. All building setbacks, required landscaping, parking lots, display areas, storage areas and other improvements and uses shall be located outside of such established setback area. The required width of setbacks, landscaped areas, buffers, and all other setback and yard requirements shall be dimensioned from the established right-of-way setback line. The establishment of any new structure or other improvements within the right-of-way setback is prohibited PASSED and APPROVED this day of 2002. APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: DRAFT By: HEATHER WOODRUFF, City Clerk H:\USERS\COMMON\PLANNING\Reports\City Council 2002\SEP7IADM MSP Setback Ord.doc Planning Commission • • August 12, 2002 Page 53 ADM 02-24.00: Administrative Item (Master Street Plan Setback Ordinance) to adopt an ordinance to establish setback lines on such streets and highways as are designated on the Master Street Plan and prohibiting the establishment of any new structure or other improvements within the setback lines. Hoffman: The ninth item on our agenda tonight is ADM 02-24.00, the Master Street Plan Setback Ordinance, to adopt an ordinance to establish setback lines on such streets and highways as are designated on the Master Street Plan and prohibiting the establishment of any new structure or other improvements within the setback lines. Tim? Conklin: This is an ordinance amendment to add into our Unified Development Ordiannce the ability for staff to require that all improvements on developments less than an acre that do not go through Large Scale Development process and dedicate the right-of-way, that their parking lots, display areas, and landscaping all be setback based on that Master Street Plan. Therefore, if you have one development over an acre it goes through Large Scale, they have the additional right-of-way, the sidewalk, and the landscaping whereas if you have a development less than an acre you don't get the same amount of right-of-way which doesn't allow for the street to be expanded in the future and you have potentially, for example, a used car lot that may not be meeting the Master Street Plan setbacks. This was brought to my attention by a local developer who asked to have me show him the ordinance where I could require this. I was unable to produce that ordinance and therefore, it is before you this evening. I ask that you make a recommendation for the City Council to approve this. Thank you. Hoffman: Thanks Tim. There is no public to comment so I will go ahead and bring it to the Commission for motions and discussion. Anybody? Motion: Ostner: I move that we approve ADM 02-24.00. Hoffman: And that is going to be for a recommendation to City Council for approval. Allen: I second. Hoffman: I have a second by Commissioner Allen. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve ADM 02-24.00 was approved by a vote of 8-0-0. Hoffman: Thank you. The motion carries unanimously. Tim, is there any further business before us tonight or announcements? Planning Commission , • August 12, 2002 Page 54 Conklin: There is no additional business or announcements. Hoffman: Thank you everybody for staying so late. We will see you next time. We are adjourned. Meeting adjourned: 9:20 p.m. FAYETTEVI LLE THE CITY OF FAYETTEVIUE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: October 8, 2002 Attached is a copy of the ordinance establishing setback lines on streets and highways designated by the Master Street Plan. The original will be microfilmed and filed with the City Clerk. Cc: Jim Beavers, City Engineer 015 09 Cityn Fayettevill10/08/2002 updateie ntenance/Inquiry • 14 : 31 : 38 Document Item Action Reference Date Ref . Taken Brief Description ORD 10012002 4422 ESTABLISHING SETBACK LINES Enter Keywords . . . . . . . . : MASTER STREET PLAN SETBACK LINES STREETS HIGHWAYS ORD 4422 File Reference C . . . . . security Class . . . . . . . . : Retention Type : _ Expiration Date . . . . . . . : * * Active ** * * Date for cont/Referred : Name Referred to . . . . . . : Cmdl- Return Cmd2 - Check Out cmd8 - Retention Cmd3 - End Press ' ENTER ' to Continue Cmd5 -Abstract Yes No Cmd4 - Delete ( c) 1986- 1992 Munimetrix systems Corp .