HomeMy WebLinkAboutOrdinance 5042 ORDINANCE NO, 5042
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 161 : ZONING
REGULATIONS IN ORDER TO CLARIFY LANGUAGE
REGULATING THE HEIGHT STEPBACK OF
BUILDINGS LOCATED IN THE MAIN STREET
CENTER ZONING DISTRICT.
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 Title XV: Unified Development Code of the Code of Fayetteville by repealing
§ 161 .21 (G) in its entirety and enacting a new § 161 .21 (G) as follows:
"(G) Height Regulations. A building or a portion of a
building that is located between 0 and 15 feet from the
front property line or any master street plan right-of-way
line shall have a maximum height of 4 stories or 56 feet,
whichever is less. A building or a portion of a building that
is located 15 feet or greater from the front property line or
any master street plan right-of-way line shall have a " WTR
maximum height of 6 stories or 84 feet, which ever is less. ;���� . . • . .e9s'%,
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PASSED and APPROVED this 7"' day of August, 2007.
.U • A _
; FAYETTEVILLE ;
APPROV ATTEST: '910 '
J
By: By:
DA OODY, Mayor SONDRA E. SMITH, City ClerluTreasurer
City of Fayetteville 67
Staff Review Form c
City Council Agenda Items J 0 4/ 0
or
Contracts
riGI11�1Cr �!t �171LS
6/19/2007
City Council Meeting Date
Tim Conklin Planning and Development Mgt. Operations
Submitted By Division Department
Action Required:
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 161 : ZONING REGULATIONS IN ORDER TO CLARIFY LANGUAGE
REGULATING THE HEIGHT STEPBACK OF BUILDINGS LOCATED IN THE MAIN STREET CENTER ZONING
DISTRICT.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
SED 07
Depa tmen ire Date Original Contract Date:
Original Contract Number:
s- 31 - d7
City Attorney Date
Received ' City CI k's Office
ENTERED
` Q A a, �� � 5 031 -07 J
Finance and Internal Service Director Date
Received in Mayor's Office UEMayor �
Arr 6a
Comments: /1qb1Wc/495 / 7 7
�4 � 44c SP.6oAd read c ns 6 �i9/�
City Council Meeting of June 19, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
Tim Conklin, Planning and Development Management Director
From: Leif Olson, Long Range Planner
Date: May 30, 2007
Subject: Administrative item amending the building height regulations for the
Main Street Center Zoning District to claify the 15 foot stepback
requirment. (ADM 07-2516)
RECOMMENDATION
Planning Staff and the Planning Commission recommend an ordinance amending Title
XV: Unified Development Ordinance of the Code of Fayetteville, Chapter 161 : Zoning
Regulations in order to clarify language regulating the building height stepback of buildings
located in the Main Street Center Zoning District.
BACKGROUND
The City Council adopted the Downtown Master Plan Zoning Ordinance on October 3 ,
2006. Planning Staff has identified a potential issue with regard to requiring the 15 foot
stepback of the principal building fagade above the fourth story. The ordinance allows a
building to be located in a build to zone between 0 and 25 feet from the front property
line. When a building is placed at the 0 foot setback a 15 foot stepback is required above
the fourth floor in order to promote a pedestrian scaled street environment and adequate
provisions for light and air movement. However, if the building is to be located further
than 15 feet back from the street frontage, the 15 foot stepback above the fourth floor is
unwarranted. Staff proposes changing the building height language in the Main Street
Center Zoning District in order to allow buildings located at least 15 feet back from the
front property line or master street plan right-of-way to construct 6 stories without a
stepback of the principal building facade. This will create two building height zones: 1 )
within 15 feet of a property line or master street plan right-of-way, a maximum of 4
stories/56 feet, whichever is less; 2) beyond 15 feet of a property line or master street
plan right-of-way, a maximum of 6 stories/84 feet, whichever is less.
DISCUSSION
This item was heard at the regular Planning Commission on May 29, 2007. The Planning
Commission voted 7-0-0 to recommend approval of the amendment to the City Council.
The Planning commission also discussed and recommended that all buildings be limited
to the 4 stories or 56 feet if they are located within 15 feet from the front property line or
master street plan right-of-way.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO
AMEND CHAPTER 161 : ZONING REGULATIONS IN ORDER
TO CLARIFY LANGUAGE REGULATING THE HEIGHT
STEPBACK OF BUILDINGS LOCATED IN THE MAIN STREET
CENTER ZONING DISTRICT.
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 Title XV:
Unified Development Code of the Code of Fayetteville by repealing § 161 .21 (G) in its entirety and enacting
a new § 161 .21 (G) as follows:
"(G) Height Regulations. A building or a portion of a building that is located between 0 and 15 feet
from the front property line or any master street plan right-of-way line shall have a maximum
height of 4 stories or 56 feet, whichever is less. A building or a portion of a building that is located
15 feet or greater from the front property line or any master street plan right-of-way line shall have
a maximum height of 6 stories or 84 feet, which ever is less."
PASSED and APPROVED this day of August, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk
Planning Commission
May 29, 2007
Page 9 of 12
ADM 07-2516: Administrative Item (BUILDING HEIGHT STEPBACK IN MSC ZONING
DISTRICT) An ordinance to amend the building height regulations for the Main Street Center
Zoning District.
Tim Conklin, Planning and Development Management Director, gave the staff report. He
described the amendment as a means to clarify the building setback in the Main Street Center
zoning district, which has a stepback requirement at 15 feet from the front property line. The
intent of the amendment is to clarify that there are actually two building height zones, one of a
maximum of four stories/56 feet from 0- 15 feet from the front property line and one of maximum
of six stories/84 feet beyond 15 feet from the front property line.
No public comment was received.
Commissioner Lack stated this was a good change, that it seemed it resulted from learning from the
implementation of the regulations recently adopted. He stated that one thing caused some concern,
the reference to "front property line" in the code language. Lack cited a situation where a sliver of
property could be in front of a property being developed, and how this reference to a front property
line could be confusing.
Kit Williams, City Attorney, noted that the phrases "front property line" was used many times in the
code, and it could be difficult to replace this language without replacing it elsewhere.
The Planning Commission and staff discussed various language options regarding Master Street Plan
right-of-way and front property lines, with several different variations.
Jeremy Pate, Director of Current Planning, stated that the concern was duly noted, and staff will
attempt to address the issue with a modification to the amendment if this goes forward to the City
Council.
Motion:
Commissioner Lack stated he was in favor of the amendment, and made a motion to forward it to
the City Council with a recommendation of approval, with the modifications to be made by staff.
Commissioner Graves seconded the motion. Upon roll call, the motion passed with a vote of 7-0-
0.
PROPOSED AMENDMENT
MAIN STREET CENTER
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Ozark Mountain Smokehouse Sound Survey 71177a �7
On Sunday the 15`h of July at 7:OOpm I attended a meeting between the Locust Avenue
Housing Association and The Ozark Smoke House located at the comer of Dickson
Street and Church Avenue.
The purpose of the meeting was to check the noise levels while playing a variety of
amplified music, ranging from AC/DC, Hip-Hop, and Country. The readings were taking
at the East and West property lines, of the Ozark Smoke House, and at the address of 224
N. Avenue at set levels of volume ranging from 3.5, 4.5, and 5.5. All readings were
taken for a minimum of 30 seconds, to as long as 2 minutes. It should be noted the stage
was moved from the eastside of the garden to the Westside of the garden at the time of
the readings.
The first set of readings, were taken on the eastside property line at 7:24pm, while
standing on the sidewalk, with the volume set at 3 .5. The reading ranged from a low of
57.Odbs to a high of 59.9dbs, with an average of 58.45dbs keeping it below the residential
level of 60dbs. The next reading was taken with the volume set at 4.5. The reading
ranged from a low of 60.2dbs to a high of 63 . 1dbs, with and average of 61 .65dbs putting
it just above the residential level of 60dbs. The next reading was taken with the volume
set at 5.5. The reading ranged from a low of 66 decibels to a high of 69.9dbs, with and
average of 67.95dbs, putting it above the residential of 60dbs. Although two of the
readings were above the residential allowed decibels levels, all three were under the
commercial set level of 75dbs for that time of the day. I also checked the decibel levels
inside the garden with the volume set at 5.5, the reading ranged from a low of 84dbs to a
high of 9ldbs, with an average of 87.5dbs. See diagram label A
The second set of readings, were taken at the Westside property line of the Ozark
Smoke House, from behind and above a 611 privacy fence, while standing directly behind
the stage.
Again the readings were taken with the volumes set at 3 .5, 4.5, and 5.5. With the
volume set at 5.5, the reading ranged from a low of 80dbs to a high of 83dbs, with an
average of 81 .5dbs, putting it well above the residential level of 60dbs. The next reading
was taken with the volume set at 4.5. The reading ranged from a low of 77dbs to a high
of 80dbs, with an average of 78.5dbs, putting it well above the residential level of 60dbs.
The next reading was taken with the volume set at 3.5. The reading ranged from a low of
73dbs to a high of 77dbs with an average of 75dbs, still above the residential level of
60dbs. See diagram label B
The next reading was taken with the volume set at 3 .5. The reading ranged from
a low of 60dbs to a high of 62.4, with an average of 61 .2dbs. The next reading was taken
with the volume set at 4.5. The reading ranged from a low of 63dbs to a high of 67dbs
with an average of 65dbs. The next reading was taken with the volume set at 5.5. The
reading ranged from a low of 65dbs with a high of 71 . 1 , with an average of 68.5dbs.
During these reading there were Jar-flies up in the trees producing their sound raising the
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levels as high as 5dbs. The resident at 224 N. Locust, stated the sound was acceptable
when the volume was set at 3.5, even at that setting, the dbs were just above the
residential level of 60dbs, reading an average of 61 .8. See diagram label C
The next set of readings took place at a residence located at 224 N. Locust
Avenue. The readings were taken on the back porch, and in the upstairs bedroom and
restroom with the window opened and shut to the bathroom. See diagram label D
The next readings were taken from the up stairs bedroom and bathroom, with the
volume set at 3.5. The first was taken from the bathroom with the window closed. The
reading ranged from a low of 46dbs to a high of 50dbs, with an average of 48dbs. The
next was done with the window open. The reading ranged from a low of 52dbs to a high
of 58.3dbs, with an average of 55. 15dbs. Both reading were below the residential level
of 60dbs for that time of the day. Although the sound was below the allowed dbs you
could still hear the bass and somewhat feel it. See diagram label D
After obtaining all of the readings, we met back at the Ozark Smoke House to go
over the readings and to answer any questions. After the meeting, I took a noise reading
of the participants carrying on normal conversations. The reading ranged from a low of
64.4dbs to a high of 68.6dbs, with an average of 66.5dbs.
I then had the DJ set up the stage on the eastside of the garden. I wanted to see what
the differences would be between the two stages. I took three readings on the west side
property line with the levels set at 3 .5, 4.5, and 5.5, with one reading taken from the
backyard of 224 N. Locust Avenue.
The first reading was with the volume set at 3 .5. The reading ranged from a low
of 70.2dbs to a high of 75.6dbs, with an average of 72.9dbs. The second reading was
taken with the volume set at 4.5. The reading ranged from a low of 77dbs to a high of
82.6dbs, with an average of 79.8dbs. The third reading was taken with the volume set at
5.5. The reading ranged from a low of 80. 1dbs to a high of 84.6dbs, with an average of
82.35dbs. See diagram label E
The fourth reading was taken from the backyard of 224 N. Locust Avenue, with
the volume set at 5.5. The reading ranged from a low of 68.8dbs to a high of 72. 1dbs,
with and average of 70.45dbs. See diagram label F
I noted several differences in the positioning of the stage. With the stage on the
east side, the sound was being funneled towards the residents on Locust Avenue. The
apartments to the south of the Ozark Smoke House did this, along with the tree canopy.
Instead of the sound traveling up and out it was funneled down and towards locust
Avenue. I also believe with stage being on the east side, the complaints will go down,
and possibly come to an end.
Cpl. D. Slaughter #141
Nor ro =C
Incident t107-66808
Dickson Sleet
Dickson
Dickson Street
Street Liquor Theatre
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