HomeMy WebLinkAboutOrdinance 4863 ORDINANCE NO. 4863
AN ORDINANCE TO AMEND § 161 . 18 DISTRICT C-3
CENTRAL COMMERCIAL OF THE UNIFIED
DEVELOPMENT CODE BY INCLUDING A NEW
SUBSECTION (f) RESTRICTING HEIGHT TO SIX STORIES
OR 84 FEET WHICHEVER IS LESS; AND AMENDING
CHAPTER 156: VARIANCES
WHEREAS, the Downtown Master Plan adopted by the City Council and the Downtown
Master Plan Zoning Code recommended for approval by the Planning Commission propose a
general height limitation for most of the current C-3 district of no more than six stories or 84 feet
whichever is less; and
WHEREAS, in Section 9. 11 Historic Downtown Commercial Areas of the 2020
Future Land Use Plan adopted by the Fayetteville City Council states the overriding goal of
future development is to encourage commercial development which retains the downtown's
historic character; and �1 I -
WHEREAS, in Section 9. 19 Community Character of this adopted Future Land Use
Plan, the stated goals are: (a) to protect and enhance Fayetteville's appearance, identity and
sense of place; (b) to retain the small town character of Fayetteville; and (c) to protect the
historical and environmental resources of Fayetteville; and
WHEREAS to preserve the historical character and compatibility within the Downtown
area and to protect the beauty of Old Main, Fayetteville's most prominent and important
monumental building as well as the ' historical and monumental church buildings on Dickson
Street near East Avenue, new buildings within the Downtown area designed C-3 should be
limited to no more than six stories or 84 feet pursuant to powers granted to the City in A.C.A. § §
14-56-201 , 14-56-303, 14-56-403 and elsewhere.
NOW, THEREFORE, BE IT ORDAINED -BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 161 . 18 District C-3 Central Commercial of the Unified Development Code of Fayetteville by
inserting a new subsection (f) as follows:
"(f) Height regulations. Maximum height is six stories or 84feet
whichever is less. Above four stories, there shall be a stepback of
the building' s principal facade of at least fifteen feet. The height
shall be measured from the mean elevation of the finished grade or
sidewalk at the frontage line, whichever is higher, to the eave of
the roof or cornice for a building with a parapet.
"Buildings already in existence or for which a Large Scale
Development or Planned Zoning District has been fully approved
prior to the date of passage of this ordinance shall be grandfathered
in and not be considered as nonconforming structures as a result of
the passage of this ordinance."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 156.02 (B) of the Unified Development Code of Fayetteville by inserting new subsection (6) as
shown below:
(6) Building height variance in the C-3 District.
(a) The Planning Commission shall have the authority to grant a variance to allow a
proposed structure to exceed a height of 84 feet or six stories in the C-3 District in those
instances where, owing to special conditions and circumstances, literal enforcement of the
building height restrictions would result in unnecessary hardship or the applicant can show that
the additional height requested will not adversely affect adjoining or neighboring property
owners or impair the beauty of Old Main, the historical churches on Dickson Street near East
Avenue, or the historical character of Fayetteville. ``````�� TRS��'''
owbly OA! *
PASSED and APPROVED this 2"d day of May, 2006.
: FAYETTEVILLE :
APPROVED: ATTEST: �z•, 5 ati
%9sy RKANSP0
BY: By: 0�., GTON ��0
uunuu++"`
Dan Coody, Mayor ondra Smith, City Clerk
1641, q
ALDERMAN AGENDA REQUEST FORM
�av�"IaP �(.Wl�it�CaP
S � Ie ( 0 �
FOR: COUNCIL MEETING OF APRIL 18, 2006 q 8 6 3
FROM: (*t v4ier 156
ALDERMAN KYLE COOK and ALDERMAN LIONELD JORDAN
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §161.18 District C-3 Central Commercial Of The Unified
Development Code By Including A New Subsection (F) Restricting Height To Six Stories Or
84 Feet Whichever Is Less; And Amending Chapter 156: Variances
APPROVED FOR AGENDA:
CV/7 166
KyleiCook Dae
Alde
D �
oneld Jolda 6ate/
Alderman
r1 - oG
it
Williams Date
City Attomey (as to form)
ORDINANCE NO,
AN ORDINANCE TO AMEND § 161 . 18 DISTRICT C-3 CENTRAL
COMMERCIAL OF THE UNIFIED DEVELOPMENT CODE BY
INCLUDING A NEW SUBSECTION (f) RESTRICTING HEIGHT
TO SIX STORIES OR 84 FEET WHICHEVER IS LESS; AND
AMENDING CHAPTER 156: VARIANCES
WHEREAS, the Downtown Master Plan adopted by the City Council and the Downtown
Master Plan Zoning Code recommended for approval by the Planning Commission propose a
general height limitation for most of the current C-3 district of no more than six stories or 84 feet
whichever is less; and
WHEREAS, in Section 9. 11 Historic Downtown Commercial Areas of the 2020
Future Land Use Plan adopted by the Fayetteville City Council states the overriding goal of
future development is to encourage commercial development which retains the downtown' s
historic character; and
WHEREAS, in Section 9. 19 Community Character of this adopted Future Land Use
Plan, the stated goals are: (a) to protect and enhance Fayetteville's appearance, identity and
sense of place; (b) to retain the small town character of Fayetteville; and (c) to protect the
historical and environmental resources of Fayetteville; and
WHEREAS to preserve the historical character and compatibility within the Downtown
area and to protect the beauty of Old Main, Fayetteville's most prominent and important
monumental building as well as the historical and monumental church buildings on Dickson
Street near East Avenue, new buildings within the Downtown area designed C-3 should be
limited to no more than six stories or 84 feet pursuant to powers granted to the City in A.C.A.
§§ 14-56-2015 14-56-3035 14-56-403 and elsewhere.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 161 . 18 District C-3 Central Commercial of the Unified Development Code of Fayetteville by
inserting a new subsection (f) as follows:
"(f) Height regulations. Maximum height is six stories or 84
feet whichever is less: Above four stories, there shall be a
stepback of the building' s principal fagade of at least fifteen
feet. The height shall be measured from the mean elevation of
the finished grade or sidewalk at the frontage line, whichever
is higher, to the eave of the roof or cornice for a building with
a parapet.
"Buildings already in existence or for which a Large Scale
Development or Planned Zoning District has been fully approved
prior to the date of passage of this ordinance shall be grandfathered
in and not be considered as nonconforming structures as a result of
the passage of this ordinance."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 156.02 (B) of the Unified Development Code of Fayetteville by inserting new subsection (6) as
shown below:
(6) Building height variance in the C-3 District.
(a) The Planning Commission shall have the authority to grant a variance to allow a
proposed structure to exceed a height of 84 feet or six stories in the C-3 District in those
instances where, owing to special conditions and circumstances, literal enforcement of the
building height restrictions would result in unnecessary hardship or the applicant can show that
the additional height requested will not adversely affect adjoining or neighboring property
owners or impair the beauty of Old Main, the historical churches on Dickson Street near East
Avenue, or the historical character of Fayetteville.
PASSED and APPROVED this 18`s day of April, 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Clarice Pearman - Ord. 4863 Page 1
From: Clarice Pearman
To: Cook, Kyle; Jordan, Lioneld
Date: 5.8.06 12:07PM
Subject: Ord. 4863
Gentlemen,
Attached is a copy of the above ordinance passed by City Council, May 2, 2006 amending 161 . 18 District
C-3. Please let me know if there is anything else required.
Thanks.
Clarice
CC: Audit
Arkansas Democrat (15azette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas , (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
Ordinance 4863 I DRDIHANCEND. .BBaJ
Was inserted in the Regular Editions: 1�
AN ORDINANCE TO AMEND § OF T DISTRICT G
May 12, 2006 DEVELOPMENT
COMMERCIAL OF THE UNIFIED
DEVELOPMENT CODE IC INCLUDING ANEW
Publication Charge: $ 176 . 30 SUBSECTION 4 RESTRICTING HEIGHT S; BID
STORIES OR 84 FEET WHICHEVER IS LESS; AND ARKANSAS '
]]] AMENDING CHAPTER 156: VARIANCES
WNEREAS, the Downtown MasterPlan adopted by the City Council and the Downtown Master Plan
Zoning Code recommended for approval by the Planning Commission propose a general height Ihn-
itation for most of the current Ca district of nor more than six stories a 84 feet whichever Is less; and
Subscribed andsworn to before meWHEREAS, in Section 9.11 Historic Downtown Comm»rolal Ana of the 1020 Future
t land Ba Plan adopted by the Fayetteville City Council states the overriding goal of future devel-
Th i s
day of 2006. opment Is to encourage commercial development which retains the downtowns historic character;
and
1 WHEREAS, in Section 9.19 Community Character of this adopted Future Land Use Plan, the
stated goals are: (a) to protect and enhance Fayedevllle'sappearance, identity and sense of place;
(b) to retain the smell town character of Fayetteville; and (c) to protect the historical and environ
mental resources of Fayetteville; and
WHEREAS to preserve the historical character and canpatiblity within the Downtown area and to
protect the beauty of Oa Mein, Fayetteville§ most prongnent and Important monumental building as
Notary Public well as the historical and monumental church buildings on Dickson Street near East Avenue, new
buildings within the Downtown area designed C-3 should be limited to no more than six stories a 84
Sharlene D. Williams4i feet pursuant to powers grained to the City inA.C.A. §§ 14-56-201, 14-56-303, 14.56-403and else-
where.
Notary Public i NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
�C�Haas FAYETTEVILLE, ARKAHSASr
My Commissi corn I slo Section l: That the Cl Council of the Cl of Feetewille, Arkansas herebyamends § 161.18 District
My Com Isslon Expires 4 C-3 Carinal Commercial of the Unified Development Code of Fayetteville by inserting a new sub.
October 18, 2014 E section as follows:
I ,
ee Height regulations. Maximum height Is six principal
al agade whichever is less. Above lour fight
p ries. Isere Shall be a stepbeck of the building's ptlncipel fepade of at least fifteen lase The height
**NOTE** Please do not Fla from Affidii shall be measured from the mean elevation o1 the finished grade or sidewalk at the frontage line,
pay whichever Is higher, to the gave of the roof or cornice for a building with a parapet.
Invoice will be .sent. � 'Buildings already in existence or for which a Lenge Scale Development or Planned Zoning District sh
has been fully approved prior to the date of passage of this ordinance all be grandfathered in and
not be considered as nonconforming structures as a result of the passage of this ordinance'
Section 2. That the City Council W the City of Fayetteville, Arkansas hereby amends § 156.02 (B) of
the Untied Development Code of Fayetteville by inserting new subsection (6) as shown below:
(6) Building height variance In the C-3 District.
(a) The Planning Commission shall have the authority to grant a variance to allow proposed siruc-
sure to exceed a height of 84 feet or six stales In Ne C-3 District In those Instances when , owing to
RECEIVED special conditions and drcumstences, literal enforcement of the building height remotions would
newt In unnecessary hardship or the applicant can show that the additional height requested will
not adversely affect adjoining or nelghbodng property owners or impair the beauty of Old Mein, the
MAY histalcal churches on Dickson Street neer East Avenue, or the historical character of Fayetteville.
p.�
� 1 H 1 18 20011 PASSED and APPROVED this 2nd day of May, 2006. I
CITY OF FAYETTEVILLE ' ;
APPROVED: ATTEST:
CITY CLERK'S OFFICE BY: '
-� Dan Cood% Slayer u Sondra Smith, City Clerk
Clarice Pearman - Ord. 4863 Page 1
From: Clarice Pearman
To: Cook, Kyle; Jordan, Lioneld; Pate, Jeremy
Date: 5.22.06 3: 10PM
Subject: Ord. 4863
Gentlemen:
It was called to my attention that the ordinance I saved as Ord. 4863 was actually Ord. 4865. Please be
advised that the correct ordinance pdf is attached for Ord. 4863. Please let me know if you anything else.