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
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