HomeMy WebLinkAboutOrdinance 4917 9 ,
ORDINANCE NO. 4917
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE, TO CONSOLIDATE
LANDSCAPING REQUIREMENTS INTO A NEW
CHAPTER 177: LANDSCAPE REGULATIONS; AND
AMENDING OTHER CHAPTERS ACCORDINGLY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS, ,
Section 1. That Chapter 151, Definitions is hereby amended by inserting
and deleting certain definitions as set forth in Exhibit "A," attached hereto and
made a part hereof.
Section 2. That Chapter 152, Administration is hereby amended by adding
subsections Q) and (K) to § 152.01, as set forth in Exhibit "B," attached hereto and
made a part hereof. , -
Section 3. That Chapter 156, Variances is hereby amended by adding a
new § 156.07, as set forth in Exhibit "C," attached hereto and made a part hereof.
Section 4. That § 166.10, Buffer Strips and Screening is hereby repealed,
and § 166.14, Commercial Design and Development Standards, is repealed and
replaced as set forth in Exhibit "D," attached hereto and made a part hereof.
Section 5. That § 172.04(D) (2)(a)(ii) Two-way, is hereby repealed, and the
new language as set forth in Exhibit "E," attached hereto and made a part hereof,
is inserted in its stead.
Section 6. That § 172.07, Parking Lot Landscaping Requirements, is hereby
repealed.
Section 7. That Exhibit "F attached hereto and made a part hereof, is
hereby adopted as Chapter 177, Landscape Regulations, Unified Development
Code.
PASSED and APPROVED this 5thday of September, 2006. ��,•��RK!TReq' ,,,�
APPROVED: ATTEST: = ; FAYETTEVILLE ;
By: By. Ncr..... .
DAN COODY, Mayo SODRA SMITH, City Clerk
City of Fayetteville Cf SSA
Staff Review Form1* 7
City Council Agenda Items T /
or
Contracts
5-Sep-O6
City Council Meeting Date
Jeremy Pate Current Planning Operations
Submitted By Division Department
Action Required :
ADM 06- 1959: Administrative Item (CONSOLIDATED LANDSCAPE ORDINANCE): Submitted by Planning Staff and the
Urban Forester to amend Title XV: Unified Development Code of the City of Fayetteville, consolidating landscaping
requirements into a new Chapter 177 Landscape Regulations and revising associated chapters accordingly.
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Cost of this request Category/Project Budget Program Category / Project Name
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Account Number Funds Used to Date Program./ Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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ment irec or Date Original Contract Date: n/a
Z' Original Contract Number: n/a
66
City Attorney
Received in ClerRI Office
Finance and Internal Service Director Date W� - I
/, ` Received in Mayor's Offce
(�
Mayor Date g' Q
Comments:
n
City Council Meeting of September 05, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: August 15, 2006
Subject: Amendments to the Unified Development Code to create a Consolidated
Landscape Code (Ch. 177 Landscape Regulations) and revise other chapters as needed
RECOMMENDATION
Planning staff recommends approval of the attached amendments to the Unified
Development Code (UDC) in order to create a consolidated landscape code and update
associated landscape regulations in the UDC. Staff is recommending amendments to the
following chapters of the Unified Development Code that will be impacted by the
adoption of the new Ch. 177 Landscape Regulations: Chapter 151 , Definitions; Chapter
152, Administration; Chapter 156, Variances; Chapter 166, Development; Chapter 172,
Parking and Loading. A new chapter of the UDC is also proposed to be adopted, Chapter
177, Landscape Regulations. The following represents a summary of the amendments ,
proposed: 1
.
Amendments Summary
Ch. 151 Definitions
• Added definitions of "aspect, caliper, stormwater facility, urban forester"
• Redefined application of Landscape Administrator/Urban Forester as common
terms
Ch. 152 Administration K. . .
• Added outdoor lighting administration (not related to landscape regulations, but
overlooked when outdoor lighting ordinance was adopted)
• Added Landscape Administrator/Urban Forester to administer Landscape
Regulations, Ch. 177 of the UDC
Ch. 156 Variances
• Added a variance section for landscape regulations, giving findings for granting
variances of landscape provisions using similar language as in other sections of
the UDC
Ch. 166 Development
• Removed Ch. 166. 10 Buffer Strips and Screening, relocated under 166. 14,
Commercial Design Standards (this subsection all refers to requirements of
City Council Meeting of September 05, 2006
Agenda Item Number
screening, and we only require these when non-residential uses are proposed, so I
placed it under this chapter)
• Ch. 166. 14 Commercial Design Standards removed and replaced with attached
"Exhibit A." I have included the strike-thru and highlighted the changed or
amended language in this section. It primarily reorganizes the chapter and adds
the Buffer Strips and Screening under Commercial Design Standards.
Ch. 172 Parking and Loading
• Removed a reference to a landscaped median in 172.04.D.2.a.ii (it creates a
dangerous turning movement)
• Removed all of Ch. 172.07 Parking Lot Landscaping Requirements, relocated to
new Ch. 177.
Ch. 177 Landscape Regulations
• Created new chapter of UDC. Some of this information is new, some replaces that
removed from other chapters above. Primary new regulations are included below.
• Created purpose for Landscape Regulations in the City of Fayetteville.
• Added a requirement for a registered Landscape Architect' s seal to be affixed for
those landscape plans associated with Large Scale Developments/Subdivisions
(see comments submitted by President of the Arkansas Chapter of the American
Society of Landscape Architects and Chair of the Arkansas State Board of
Landscape Architects, as well as the Arkansas State Board of Landscape
Architects Act passed in 2001 Regular Legislative Session).
• ' ' Revised landscape plan submittal information to make more clear what is
expected.
• Per Planning Commission amendment, added a sub-section on tree plantings
based on aspect, or achieving shade by planting on the south and west sides of
parking areas, etc.
• Added exemptions to certain landscaping requirements upon approval by the
Urban Forester due to terrain, existing trees or other physical limitations.
• Added Street Tree Planting standards. This defines the Street Tree Planting
requirements already in place for commercial and multi-family projects, and adds
a requirement for one tree per lot for residential subdivisions, as well as
appropriate maintenance guarantees.
• Added urban street tree standards for those projects in urban/downtown areas or
those projects developing with traditional urban development standards, where
buildings adjacent to the sidewalk do not allow for the 15-25 foot greenspace.
• Added two new sections, Stormwater Facilities and Landscaping for Erosion
Control, both of which dovetail with the Stormwater Regulations proposed by the
Engineering Division. Those trees utilized for Stormwater Facilities may also be
counted as mitigation trees.
BACKGROUND
The attached documents represent a comprehensive effort put forth by Sarah Patterson,
Urban Forester, the Tree and Landscape Advisory Committee and the Planning Division.
Together, we have prepared a consolidated landscape ordinance for your review and
adoption, which is attached. This was formally considered by the Planning Commission on
City Council Meeting of September 05, 2006
Agenda Item Number
July 24 and the Ordinance Review Committee on August 09. All public comment received
thus far has been in favor of the proposed amendments.
The purpose of this UDC amendment is twofold : 1 ) To consolidate the landscape
requirements that are currently scattered throughout several chapters of the current code; and
2) To clarify and strengthen those areas of the current code that are out-of-date, no longer
applicable, or needed to be amended to accomplish the goals of the City to create and
maintain a healthy and sustainable community, among other things. You will note that there
are various chapters that were required to be amended. For the most part, the existing UDC
chapters contain strike-thru of existing text, information that was removed and relocated to a
new Ch. 177, Landscape Regulations. The major exception to this is Chapter 166, which
involved some reorganization of sub-chapters to make it read more clearly and consolidate
some of the requirements under Commercial Design Standards.
Chapter 177, Landscape Regulations, is the primary product of the recommended
amendments. We have taken the majority of information from the other (amended) UDC
chapters and written a new Chapter 177 Landscape Regulations of the UDC, including some
new information and requirements as seen needed. Some sections are verbatim from other
chapters; others are borrowed from other chapters of the UDC; and still others are entirely
new language. The ordinance you see here has been reviewed and commented on by the Tree
and Landscape Advisory Committee, Planning Commission and Ordinance Review
Committee, and staff has incorporated any revision comments.
Also attached is a draft of the Landscape Manual that is being updated in tandem. This is,
much like the Hillside Best Practices Manual, a manual that is updated by staff to reflect best
management practices. It is utilized in tandem with the Landscape and Tree Preservation
regulations of the UDC, and includes installation and maintenance information, drawings and
examples, standards and specifications, and vegetation lists. It is also binding, as referenced
in the UDC, but to a different extent than the UDC. The maintenance of the Landscape
Manual is administered by the Urban Forester, and does not require adoption by the City
Council.
DISCUSSION
, The Consolidated Landscape Code amendments have received favorable
recommendations from the Tree and Landscape Advisory Committee, the Planning , .
Commission and the Ordinance Review Committee.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE AMENDII ' G TITL UNIFIED
DEVELOPMENT CODE, TO C OLIDA E DSCAFING
REQUIREMENTS A NEW PTE R ' 77: LANDSC 4 E
REGULATIA D AME DIST OTI ER CH KERS
ACCORDINGL :
v
B E IT OR "D BY T CI OUNCIL OF THE CITY OF
FAY EVILLRICANSiAS:
aS. ction .�rThat pter 151, Definitions is hereby amended by inserting
anddeleting � extam "definitions as set forth in Exhibit "A," attached hereto and
made Ap�art�ereof.
Section 2. That Chapter 152, Administration is hereby amended by adding
subsections Q) and (K) to §152.01, as set forth in Exhibit "B," attached hereto and
made a part hereof.
Section 3. That Chapter 156, Variances is hereby amended by adding a
new §156.07, as set forth in Exhibit "C," attached hereto and made a part hereof.
Section 4. That §166.10, Buffer Strips and Screening is hereby repealed,
and §166.14, Commercial Design and Development Standards, is repealed and
replaced as set forth in Exhibit "D," attached hereto and made a part hereof.
Section 5. That § 172.04(D)(2)(a)(ii) Two-way, is hereby repealed, and the
new language as set forth in Exhibit "E," attached hereto and made a part hereof,
is inserted in its stead.
Section 6. That § 172.07, Parking Lot Landscaping Requirements, is hereby
repealed.
Section 7. That Exhibit "F;' attached hereto and made a part hereof, is
hereby adopted as Chapter 177, Landscape Regulations, Unified Development
Code.
PASSED and APPROVED this 5thday of September, 2006.
APPROVED:
�x
By: -g
DCOODY, Mayo
ATTEST:
By: A .0 If. ) - I I
O� DRA SMIT ` , iYy -lerk
EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151.01 Definitions.
Aspect. (Landscape Regulations) The angle of exposure from sunlight as it relates to the
slope of the earth, primarily south and west in this region.
Stormwater Facility. (Landscape Regulations) A facility designed to meet the requirements
for stormwater management. For the purposes of this section, stormwater facilities refer
primarily to detention ponds.
Urban Forester. (Tree Preservation and Protection, Landscape Regulations) The person who
is responsible for the administration of Tree Preservation and Protection, Chapter 167 and
Landscape Regulations, Chapter 177. Also known as Landscape Administrator.
To be removed and replaced in Chapter 151 Definitions:
Caliper. (Landscape Regulations) A measurement of general tree size taken at a point
located six inches above natural ground or root ball surface.
Landscape administrator. (Tree Preservation and Protection) The person who is responsible
for the administration of Tree Preservation and Protection, Chapter 167 and Landscape
Regulations, Chapter 177. Also known as Urban Forester.
EXHIBIT "C"
To be inserted in Chapter 156 Variances:
§156.07 Landscape Regulations.
(A) The Planning Commission shall have the authority to grant a variance from the landscaping
requirements prescribed by § 177.
(B) Findings. The Planning Commission shall make the following findings:
( 1 ) Minimum variance. That the reasons set forth in the application justify the granting
of the variance, and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure.
(2) Harmony with general purpose. The Planning Commission shall further make a
finding that the granting of the variance will be in harmony with the general purpose
and intent of the Landscape Regulations, § 177, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
(3) Conditions and safeguards. In granting any variance, the Planning Commission may
prescribe appropriate conditions and safeguards to ensure compliance or to protect
adjacent property.
(4) Undue Hardship. If the provisions of the standards within Landscape Regulations,
§ 177, are shown by the developer to cause undue hardship as they apply to his
proposed development, the Planning Commission may grant a variance to the
developer from such provisions, so that substantial justice may be done and the public
interest secured; provided that the variation will not have the effect of nullifying the
intent and purpose of development regulations.
EXHIBIT "D"
To be removed from Chapter 166 Development:
§166.10 Buffer Strips and Screening
This Chapter subsection is being removed in its entirety.
§166.14 Commercial Design and Development Standards
This Chapter subsection is being re-adopted in its entirety.
166.14 Commercial Design And Development Standards
(A) Purposes.
( 1 ) To protect and enhance Fayetteville's appearance, identity, and natural and
economic vitality.
(2) To address environmental concerns which neftide'Ibul are not limited to, soil
erosion, vegetation preservationland drainage
(3) To protect and preserve the scenic source`s resources-distributed throughout the city which
have contributed greatly to its conomic�&velopment,,� attracting tourists,
permanent part-time residents, newgmdustries and;cul`tural facilities.
(4) To preserve thei4ality of life and integrate the different zones and uses ,in a
compatible tanner.
(5) To address the issues of traffic, safety, and crime prevention.
(6) Topreseryeserve property values of surrounding property.
( opprovide good cc desig d arrangement.
(B) Applicability. The standards set forth herein shall apply in the following zoning
districts, except as noted`.
( 1 ) R-O, Residential Office;
(2) C-1 , Neighborhood Commercial
(3) C-2, Thoroughfare Commercial;
(4) C-3, Central Commercial;
(5) C-4, Downtown;
CD177:4
TITLE XV UNIFIED DEVELOPMENT CODE
(6) I- 1 , Heavy Commercial and Light Industrial;
(7) I-2, General Industrial;
(8) P-1 , Institutional;
(9) E- 1 , Extraction;
( 10) PZD, Planned Zoning District when commercial, office,, institutional and
industrial uses are planned.
( 11) Any other zoning district when commercial, office, institutional, and
industrial uses are allowed as a conditional use.
(C) Site development standards and Design elements;for commercial structures. The
following site development standards and designelement guidelines for commercial
structures shall apply when either new development or expansion of 25%of the
existing building square footage occurs.
( 1 ) The elements to avoid or minimize include:
(a) Unpainted concrete precision:blocOwalls,
(b) Square "boxlike'i stfuctures;
(c) Metal skiing which dominates the main facade;
(d) Large blank ung i ula'ted-walLsurfaces;
(e)I�Larg out�of�scale sig!
'nswith flashy colors.
(2bnstruction and appearancedesign standards for commercial structures.
(a)°A commercial 'structure or development shall be designed to avoid . or
minimize the elem nts set forth in (1 )(a) — (d) above.
(b) A commercial , development which contains more than one building should
. - -=r
incorporate �a,�recurring, unifying, and identifiable theme for the entire
developme Y site.
(c) A development should provide compatibility and transition between adjoining
developments.
F
CD171:5