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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.