HomeMy WebLinkAboutOrdinance 4855 Alq ORDINANCE NO. 4855 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE TO AMEND VARIOUS SECTIONS OF THE CODE IN ORDER TO IMPLEMENT HILLSIDEIHILLTOP PRESERVATION AND PROTECTION, ESTABLISH A ' HILLSIDEIHILLTOP OVERLAY DISTRICT ZONING BOUNDARY AND MAP, AND APPROVING THE HILLSIDE/HILLTOP OVERLAY DISTRICT BEST MANAGEMENT PRACTICES MANUAL AS A GUIDE WHEREAS, the City of Fayetteville values its unique Hillside/Hilltops; and, WHEREAS, the City of Fayetteville is committed to having appropriate and desirable development occur on the Hillside/Hilltops; and, WHEREAS, developments that are compatible and harmonious with the Hillside/Hilltops, do not have a negative effect upon the City; and, WHEREAS, the Hillside/Hilltop Best Management Practices Manual will provide a guide for the development on the City's Hillside/Hilltops; and WHEREAS, the City of Fayetteville determines that its Hillside/Hilltops need additional protection and preservation enhancements to lessen grading, drainage, and stormwater problems and to preserve the Fayetteville' s beauty, clean water and clean air. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 161 : Zoning Districts is amended by inserting Hillside/Hilltop Overlay District regulations in sections; § 161 .07 RSF-4, § 161 . 13 RMF — 24, and § 161 . 15 R-0, a copy of which marked Exhibit "A" is attached hereto and made a part hereof. 1 Section 2. That Chapter 167: Tree Preservation and Protection is amended to include Hillside/Hilltop Overlay District regulations in section § 167.04, a copy of which marked Exhibit "B" is attached hereto and made a part hereof. Section 3 . That Chapter 169: Physical Alteration of Land is amended to include Hillside/Hilltop Overlay District regulations in sections § 169.02, § 169.03, § 169.04, § 169.06, § . 169.07, § 169.08, a copy of which marked Exhibit "C" is attached hereto and made a part hereof. Section 4. That Chapter 170: Stormwater Management, Drainage and Erosion Control is amended to include Hillside/Hilltop Overlay District regulations in sections § 170.01 , § 170.36, § 170.05, § 170. 10, a copy of which marked Exhibit "D" is attached hereto and made a part hereof. Section 5 . That Chapter 172: Parking and Loading is amended to include Hillside/Hilltop Overlay District regulations in section § 172.04, a copy of which marked Exhibit "E" is attached hereto and made a part hereof. Section 6. That Chapter 173 : Building Regulations is amended to include Hillside/Hilltop Overlay District regulations in section § 173 .02, a copy of which is marked Exhibit "P" is attached hereto and made a part hereof: Section 7. That Chapter 151 : Definitions are amended by adding the following definitions: T Cistern. (Stormwater) Roof water management devices that provide retention storage volume in above or underground storage tanks. They are typically used for water supply. Cisterns are generally larger than rain barrels, with some underground cisterns having the capacity of 10,000 gallons. On-lot storage with later reuse of stormwater also provides an opportunity for water conservation and the possibility of reducing water utility costs. Green Roof. (Stormwater) Elevated roof surfaces that are entirely covered with a thin soil and vegetation layer. Height. (Hillside/Hilltop Overlay District) Building height shall be measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure. If the structure is located on a graded pad then the height of the building is measured from the historic grade. Hillside/Hilltop Development Manual. (Zoning) The best management practices document that supplements the Hillside/Hilltop Overlay District and illustrates desirable Hillside/Hilltop development practices. Hillside/Hilhop Overlay District. (Zoning) Lands located within the City that generally have slopes in excess of 15 %. The Hillside/Hilltop Overlay District is shown on the City's official zoning map. The development regulations in the Hillside/Hilltop Overlay District supercede the underlying zoning district. 2 Hilltop. Hillside/Hilltop Overlay District) Land located above the Hilltop line which contains less than 15% slope and is completely surrounded by Hillside/Hilltop < 15% slope. Historic grade. (Zoning) The natural grade of the land prior to any development. Parking Pad. (Hillside/Hilltop Overlay District) • Parking areas for multi-family residential, residential office, and commercial use in the Hillside/Hilltop Overlay District. Permeable Pavers. (Stormwater) A solid surface that allows natural drainage and migration of water into the earth by permittirig water to drain through the surface itself or through spaces between the pavers. Plinth. (Hillside/Hilltop Overlay District) A foundation or base, usually on the upslope side of the Hillside/Hilltop, on which a house is located. Most often a plinth is constructed by erecting a retaining wall at the street with backfill creating a level building pad for the home. Rain Barrels. (Stormwater) A stormwater containment vessel that captures runoff generated by impervious surfaces such as roofs. Rain barrels usually include a hole at the top to allow water to flow in, a sealed lid, an overflow pipe or hose, and a spigot to dispense water. By holding and reusing rainwater, rain barrels reduce stormwater runoff from sites and conserve potable water. Rain Garden. (Stormwater) an attractive landscaping feature planted with perennial native plants. It is a bowl-shaped garden, designed to absorb stormwater run-off from impervious surfaces such as roofs and parking lots. Section 8. That the Hillside/Hilltop map attached as Exhibit "G" is adopted to delineate the Hillside/Hilltop Overlay District in which the regulations found in the preceding Exhibits are applicable. Section 9. Severability. In accordance with § 150. 13 of the U.D.C., if any section, part, word or phrase of this ordinance shall be determined to be invalid, illegal or unconstitutional, such decision shall not affect the validity of the remaining provisions, section, and language of this ordinance. ,grrunrnrrr PASSED and APPROVED this 18th day of April, 2006. \1 Y 0 •Gp ; FAYETTEVILLE • APPROVE ATTEST: yu,.9,QKANSP.Jam ; G �9 TONrr ,,, By: By: &WdU2 DAN COODY, Mayor SONDRA SMITH, rty Clerk 3 EXHIBIT "A" To be inserted in Chapter 161: Zoning Regulations: §161.07. District RSF-4, Residential Single Family — 4 units/acre. (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width Lot area 8,000 sq. ft. 12,000 sq. minimum ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside/Hilltop 60 ft. 70 ft. Overlay District Lot minimum width Hillside/Hilltop 8,000 sq. ft. 12,000 sq. Overlay District ft. Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. Single Family Dwellings FRONT SIDE REAR 25 ft. 8 ft. 20 ft. HHOD Front HHOD Side HHOD Rear 15 ft. 5 ft. 15 ft. §161.13 District RMF-24, Residential Multi-Family — Twenty-Four Units Per Acre (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 25 ft. HHOD HHOD HHOD Single Single Single Family Front Family Side Family Rear 15 ft. 8 ft. 15 ft. HHOD Two HHOD Two HHOD :R:e wo Family Front FamilySide Famil ar 15 ft. 8 ft. 15 ft. 4 HHOD Two HHOD Two HHOD Two Family Front Family Side Family Rear 15 ft. 8 ft. 15 ft. HHOD Multi HHOD Multi HHOD Multi Family Front Family Side Family Rear 15 ft. 8 ft. 15 ft. Cross reference(s)--Variance; Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet except for the HHOD. Within the HHOD the maximum building height is 60 ft. as measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure, allowing 3 stories on the uphill side and 4 stories on the downhill side of the building. If the building is placed on a graded pad, then the height of the building is reduced, allowing a maximum of 3 stories as measured from the historic grade, pre-development §161.15 District R-O, Residential Office (E) Setback regulations. Front 30 ft. Front, if parking is allowed 50 ft. between the right-of-way and the building Front, in the Hillside/Hilltop 15 ft. Overlay District Side 10 ft. Side, when contiguous to a 15 ft. residential district Side, in the Hillside/Hilltop 8 ft Overlay District Rear, without easement or alley 25 ft. Rear, from center line of public 10 ft. alley Rear, in the Hillside/Hilltop 15 ft. Overlay District (F) Height regulations. There shall be no maximum height limits in R-O Districts except for the HHOD, provided, however, that any building that exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an additional distance of one foot for each foot of height in excess of 20 feet. In the Hillside/Hilltop Overlay District the maximum building height is 60 ft. as measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure allowing 3 stories on the uphill side and 4 stories on the downhill side of the building. If the building is placed on a 5 EXHIBIT "B" To be inserted in Chapter 167: Tree Preservation and Protection: §167.04 Tree Preservation And Protection During Development (A)Applicability. The provisions of this section shall apply to proposed subdivisions, and large scale developments required by other chapters of the Unified Development Code to go through the city's permitting process. Persons seeking to build one single-family dwelling unit, or duplex, are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. Planned Zoning Districts should meet the percent minimum tree canopy based upon their primary use, but may be allowed a lesser tree canopy requirement as part of the overall Master Plan approved by the City Council. (5) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a site analysis plan, analysis report, and tree preservation plan with the preliminary plat or site plan. Single and two family residential development shall submit an abbreviated tree preservation and site plan at the time of obtaining a building permit. There shall be no land disturbance, grading, or tree removal until a tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (C) Canopy area. In all new Subdivisions, Large Scale Developments, lands located within the Hillside/Hilltop Overlay District, Industrial and Commercial Developments, and all other improvements listed above, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the Applicant has been approved for On-Site Mitigation or Off-Site Alternatives as set forth in subsections I. & J. below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the Applicant is seeking approval, less the right- of-way and park land dedications. An Applicant shall not be required to plant trees in order to reach the Percent Minimum Canopy requirement on land where less than the minimum exists prior to development, unless trees have been removed. Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY RA, Residential Agriculture 25% RSF-.5, Single-family 25% Residential — One Half Unit per Acre RSF-1 , Single-family Residential 25% — One Unit per Acre 7 RSF-2, Single-family Residential 20% — Two Units per Acre RSF-4, Single-family Residential 25% — Four Units per Acre RSF-7, Single-family Residential 20% , — Seven Units per Acre R-O, Residential —Office 20% RT- 12, Two and Three-family 20% Residential RMF-6, Multi-family Residential 20% — Six Units per Acre RMF- 12, Multi-family 20% Residential — Twelve Units per Acre RMF- 18, Multi-family 20% Residential — Eighteen Units per Acre RMF-24, Multi-family 20% Residential — Twenty-Four Units per Acre RMF-40,Multi-family 20% Residential — Forty Units per Acre C- 1 , Neighborhood Commercial 20% C-2, Thoroughfare Commercial 15% C-3, Central Business 15% Commercial C-4, Downtown 10% I- 1 , Heavy Commercial and 15% Light Industrial I-2, General Industrial 15% P- 1 , Institutional 25% All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (F) Tree Preservation Requirements for Proposed Residential and Non-Residential Subdivisions. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit an abbreviated tree preservation plan as set forth in 167.04 (H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. (a) Developers shall have the option of doing cluster development, such as a PZD, 8 open space instead of being required on the individual lots. The open space set aside during cluster development shall be placed in a permanent easement or land trust with all future development rights removed from the property. (I) Request for on-site mitigation (c) Tree removal due to the grading work done to create tie backs for roads in the Hillside/Hilltop Overlay District shall be mitigated by reforesting a minimum of 25% of the tie backs pursuant to the landscape manual. (d) Planting trees in non-canopy areas in order to reach the minimum percent canopy requirements for the site is not allowed in the Hillside/Hilltop Overlay District. (L) Continuing preservation and protection under approved tree preservation plans. (1 ) In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of an approved tree preservation plan, tree preservation areas shall be clearly depicted on the easement plats for large scale developments and the final plats for nonresidential subdivisions. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the landscape administrator. Lots in residential subdivisions are expressly exempt from these requirements. If it is impractical to include the actual depiction of the canopy to be preserved on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. 9 EXHIBIT "C" To be inserted in Chapter 169: Physical Alteration of Land: §169.02 General Requirements (D) Restoration. Land shall be revegetated and restored as close as practically possible to its original conditions so far as to minimize runoff and erosion. are concerned. Previously forested areas shall follow the City's Landscape Manual for mitigation of forested areas. §169.03 Permits Required/Exceptions (A) Permit required. No grading, filling, excavation, or land alteration of any kind shall take place without first obtaining: (4) A grading permit is required by the City for any development occurring within the Hillside/Hilltop Overlay District boundaries. If a parcel of land is divided by the Hillside/Hilltop Overlay District boundary, then only that portion of land lying within the boundary is subject to the requirements of this chapter. (B) Exceptions where no grading permit is required. Grading permits are not required for the following: (4) Single-family/duplex. Construction of one single-family residence, or duplex not located within the 100 year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15 % or greater. (C) Grading permit application and approval. No grading permit shall be issued until the grading plan, endorsed by a registered architect, landscape architect, or engineer, is approved by the City Engineer. A separate permit shall be required for each site; it may cover both excavations and fills. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by § 170.03 ., coordination with Chapter 167. Tree Preservation and Protection is required. §169.04 Minimal Erosion Control Requirements If exempt under § 169.02, If exempt under 169.03, a grading permit is not required. However, exempt as well as non-exempt activities shall be subject to the following minimal erosion and sedimentation control measures. (A)Natural vegetation. The potential for soil loss shall be minimized by retaining natural vegetation wherever possible. Development in the Hillside/Hilltop Overlay District should 10 comply with the recommendations of the Hillside/Hilltop Best Management Practices Manual with regard to the retention of natural vegetation on Hillside/Hilltops. (B) Stabilization. All graded and otherwise disturbed areas shall be stabilized within 15 days immediately after the grading or disturbance has been completed. Stabilization methods such as baled straw, filter fabric, ditch checks, diversion ditches, brush barriers, sediment basins, matting, mulches, grasses and groundcover shall be used. (D) Excavation material. Excavation material shall not be deposited in or so near streams and other stormwater drainage systems where it may be washed downstream by high water or runoff. All excavation material shall be stabilized immediately with erosion control measures. §169.06 Land Alteration Requirements (C) Cut or fill slopes. ( 1 ) Finish grade. Cut or fill slopes shall have a finish grade no steeper than 33% (3 .00 horizontal to 1 vertical), when approved by the City Engineer. Land located within the Hillside/Hilltop Overlay District may have cut or fill slopes with a finish grade no steeper than 50% (2.00 horizontal to 1 vertical) with approval of the City Engineer. (4) Setback requirements. The following setback requirements shall be reviewed by the City Engineer for purposes of assessing safety, stability, and drainage problems: (See illustrations). Setbacks from property lines may be filled or cut if a grading plan is submitted jointly by the owners of both properties. (e) Public rights-of-way. Cuts adjacent to public rights-of-way shall be setback a minimum of 25 feet, excluding driveways or access roads. (F) Erosion and sedimentation control. (c) 15% to 20% grade: The slope shall be covered with landscape fabric and planted with groundcover as set forth in (b) above. (d) More than 20% grade: Any finish grade over 20% shall be stabilized with retaining walls, cribbing, terraces, landscape fabric, vegetation, or riprap. If riprap is used the slope's stability and erodibility must be equivalent to or better than its predevelopment state. (e) Hillside/Hilltop Overlay District. Revegetation of lands within the Hillside/Hilltop Overlay District shall be planted immediately after the physical alteration of the land with complete and uniform ground cover. Sod, erosion fabric, herbaceous groundcover (in wooded areas), and/or a hydroseed with warm season grasses is required. Re-vegetation requirements shall be met prior to the issuance of a certificate of occupancy. Cut and Fill tie-back slopes shall be re-vegetated with appropriate tree species to achieve a minimum of 25% tree canopy at maturity. 11 In §169.06 (G) Undisturbed land requirements. After the table add the following: In the development of Large Scale Developments and lots within the Hillside Overlay District, the minimum amount of undisturbed land shall equal the percent minimum tree canopy pursuant to §167.04 (C). Planned Zoning Districts shall show undisturbed areas, but may be approved by the City Council with lesser percentages of undisturbed area than required above. §169.07 Grading Plan Specifications (A) Grading plan. The applicant shall prepare a grading plan as follows: (2) Existing grades. Existing grades shall be shown with dashed line contours and proposed grades with solid line contours. Grading plans shall be required to show both the proposed grade and the undisturbed area. Contour intervals shall be a maximum of two feet. Spot elevations shall be indicated. §169.08 Grading Plan Submittal (B) Final grading plan. . No subdivision may be finalized, nor large scale development plat approved before a final grading plan has been submitted to the City Engineer and approved. The final grading plan and the final plat of land located within the Hillside/Hilltop Overlay District shall have the following plat note stating: "Property and lot owners of lands located within the Hillside/Hilltop Overlay District are strongly encouraged to have a geotechnical analysis of their property prior to any development in order to identify potential geological hazards and determine appropriate techniques to mitigate against hazards such as the swelling and shrinking of soils, slumping, Hillside/Hilltop creep, and seeps." 12 EXHIBIT "D" To be inserted in Chapter] 70 Stormwater Management, Drainage and Erosion Control: §170.01 Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (5) Requiring that erosion control measures are implemented and function on a lot-by-lot basis. (6) Encouraging the use of storm water best management practices to reduce runoff. These measures would include permeable pavers, green roofs, rain gardens, cisterns and rain barrels for irrigation use. §170.05 Permit Application A storm water management, drainage, and erosion control permit application shall be submitted to the City Engineer using appropriate forms as provided by the city. An applicant may apply jointly for contiguous parcels or subdivisions as long as the erosion control measures are in place until project completion. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1 , Drainage Report Checklist. Submittal information and plans shall include, but not be limited to the following: §170.10 Environmentally Sensitive Mitigation Methods for Storm Water Management (A) Environmentally conscious measures to reduce the amount of storm water generated by development shall be encouraged, especially in the Hillside/Hilltop Overlay District. Methods may include but, are not limited to, rain gardens, permeable pavement, green roofs, cisterns for the collection and redistribution of storm water for irrigating purposes, etc. 13