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.
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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.
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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.
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PASSED and APPROVED this 18th day of April, 2006. \1 Y 0 •Gp
; FAYETTEVILLE •
APPROVE ATTEST:
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By: By: &WdU2
DAN COODY, Mayor SONDRA SMITH, rty Clerk
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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.
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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
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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
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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,
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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.
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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
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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.
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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."
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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.
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