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HomeMy WebLinkAboutOrdinance 5079 ORDINANCE NO. 5079 AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE CHAPTER 161 : ZONING REGULATIONS AND CHAPTER 172 : PARKING AND LOADING TO COMPLY WITH THE HILLSIDE/HILLTOP OVERLAY DISTRICT ORDINANCE WHEREAS, Ordinance No. 4855 was passed in April of 2006 and established special building height limitations within the Hillside/Hilltop Overlay District; and WHEREAS, Ordinance No. 4930 was passed in October of 2006 to implement the Downtown Master Plan Zoning Code; and WHEREAS, Exhibit D attached and adopted by Ordinance No. 4930 did not include the previous amendments to § 161 . 14 (F) and § 161 . 16 (F) Height regulations and therefore unintentionally repealed them; and WHEREAS, the Hillside/Hilltop regulations contained in Chapter 172: Parking and Loading need to be clarified. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas, hereby repeals § 161 . 14 (F) and § 161 . 16 (F) Height regulations of the Unified Development Code and enacts a new subsection (F) in both sections as shown below. "(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 feet as measured from the lowest point of the structure at the historic grade prior to development to the highest point of the structure, allowing three stories on the uphill side and four stories on the downhill side of the building. If the building is placed on a graded pad, then the height of the Page 2 Ord. 5079 building is reduced, allowing a maximum of three stories as measured from the historic grade, pre-development." Section 2: The City Council of the City of Fayetteville hereby repeals 172.04 (E) of the Unified Development Code and enacts a replacement subsection 172.04 (E) as shown on Exhibit "A" attached hereto and made a part hereof. th PASSED and APPROVED this 20 day of November, 2007. �.`G�� � • •;9s Os GAS Y 0/,o Gp% .U • %gyp ' APPROVED: ATTEST: E : FAYETTEVILt_E * %9sy:QkAN;P�GTO I J�. By: (4By: G7� & DAN COODY, May SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" 172.04 Parking Lot Design Standards (E). Hillside Hilltop Overlay District. ( 1 ) Separation of Parking Pads in Multi-Family, and Non-Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. (3) Maximum number of spaces per parking lot for multi family and non-residential uses. Parking pads shall have a maximum of 30 spaces per pad. (4) Parking lot location. Parking lots shall be set back with a minimum of 35 ' of undisturbed area required adjacent to the street right-of-way. (5) Multifamily and non-residential uses. Developers of multi-family and non-residential uses in the Hillside Overlay District are encouraged to refer to the Hillside Best Management Practices Manual for guidance and direction in the design of their project. �r/.�old7 City of Fayetteville �© / Staff Review Form 4'r� (3 /fir, City Council Agenda Items �j or Contracts 20-Nov-07 City Council Meeting Date Tim Conklin Planning and Development Mgt. Operations Submitted By Division Department Action Required: ADM 07-2805: (Chapter 161 : Zoning Amendments): Submitted by City of Fayetteville Planning Department in order t]and reinstate Hillside/Hilltop Overlay District (HHOD) regulations that were inadvertently removed from Chapter 161 : ZonChapter 170: Stormwater, Drainage and Erosion Control, and to clarify the HHOD regulations contained in Chapter 17 Parking and Loading. Action Required: n/a n/a Cost of this request Category/Project Budget Program Category / Pro ect Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a apartment Di ctor Date Original Contract Date: n/a I , On Original Contract Number: n/a City Attorney 1 Received in Ci Clerk's ( tce Q Finan and Internal Service Director Dale r77 yors OfficeZr L =1 ayor Date Comments: City Council Meeting of November 20, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Leif Olson, Long Range Planner Tim Conklin, Planning and Development Management Director Date: Oct. 31 , 2007 Subject: ADM. 07-2805 An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to reinstate Hillside/Hilltop Overlay District regulations that were inadvertently removed from Chapter 161 : Zoning and Chapter 170: Stormwater Management, Drainage and Erosion Control, and to clarify Hillside/Hilltop Overlay District regulations in Chapter 172: Parking and Loading. RECOMMENDATION Planning Staff recommends approval of an ordinance to reinstate the Hillside/Hilltop Overlay District (HHOD) building height regulations in the RMF-24 and R-O Zoning Districts, to insert HHOD regulations in the stormwater ordinance, and to clarify the parking lot requirements in the HHOD. BACKGROUND The City Council adopted the Downtown Zoning Districts and Map in October of 2006. Inadvertently, the Hillside / Hilltop Overlay District building heights were not included in the appropriate zoning districts when Chapter 161 : Zoning was adopted in its entirety. Planning Staff was unaware that these regulations were not included in the adopted exhibit of the Zoning Chapter. In order to correct this oversight, Chapter 161 : Zoning needs to be amended to reflect the original intent of the Hillside/Hilltop Overlay District height requirements in the RMF-24 and R-O Zoning Districts. Chapter 170 Stormwater was also amended and re-adopted in October of 2006 without the HHOD stormwater provisions adopted with Ordinance No. 4855 in April of 2006. The Parking and Loading chapter has been difficult to administer and clarification is needed in order to more clearly define the intent of the off-street parking requirements in the HHOD. BUDGET IMPACT None ORDINANCE NO. AN ORDINANCE 'f0 AMEND THE UNIFIED DEVELOPMENT CODE CHAPTER 161 : ZONING REGULATIONS, CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL, AND CHAPTER 172: PARKING AND LOADING TO COMPLY WITH THE INTENT OF THE HILLSIDE/HILLTOP OVERLAY DISTRICT ORDINANCE NO. 4855 ADOPTED IN APRIL 2006. WHEREAS, Ordinance No. 4855 was passed in April of 2006 and established special building height limitations within the Hillside/Hilltop Overlay District; and WHEREAS, Ordinance No. 4930 to implement the Downtown Master Plan Zoning Code contained eleven sections amending the Unified Development Code in October of 2006; and WHEREAS, Exhibit D attached and adopted by Ordinance No. 4930 did not include the previous amendments to § § 161 . 14 (F) and § 161 . 16 (F) Height regulations and therefore unintentionally repealed them; and WHEREAS, Chapter 170: Stormwater Management, Drainage and Erosion Control was adopted in its entirety in October of 2006 without including the Hillside/Hilltop Overlay District regulations; and WHEREAS, The Hillside/Hilltop regulations .contained in Chapter 172: Parking and Loading is clarified in order to more clearly state the intent of the Ordinance; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas, hereby repeals § 161 . 14 (F) and § 161 . 16 (F) Height regulations of the Unified Development Code and enacts a new subsection (F) in both sections as shown below. "(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 feet as measured from the lowest point of the structure at the historic grade prior to development to the highest point of the structure, allowing three stories on the uphill side and four 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 three stories as measured from the historic grade, pre-development." Section 2: That Chapter 170: Stormwater Management, Drainage and Erosion Control is amended to include Hillside/Hilltop Overlay District regulations in § 170.01 , § 170.03 and § 170.05, a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Section 3: That Chapter 172: Parking and Loading is amended to clarify the intent of the Hillside/Hilltop Overlay District Ordinance in § 172.04, a copy of which marked Exhibit `B" is attached hereto and made a part hereof. PASSED and APPROVED this 201h day of November, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" Chapter 170: Stormwater Management, Drainage and Erosion Control. is amended by inserting the following language shown in bold in the appropriate sections §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. (7) Encouraging the use of environmentally conscious measures to reduce the amount of storm water generated by development, especially in the Hillside 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. §170.03 Permits Required (D) Exceptions where no drainage permit is required. Drainage permits are not required for the following: ( 1 ) Single-family/duplex. One single-family residence or duplex not located within the 100 year flood plain, the Hillside Overlay District, or on a slope 15 % or greater. §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: EXHIBIT "B" Chapter 172: Parking and Loading: is amended by removing the language shown in Strikeout and inserting the language shown in bold in the appropriate sections. 172.04 Parking Lot Design Standards (E). Hillside Hilltop Overlay District. ( 1 ) Separation of Parking Pads in Multi-Famif , Devel mens and Non-Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. ' (3) Maximum number of spaces per parking lot for multi family and effiee use non- residential uses. Parking pads shall have a maximum of 30 spaces per pad. (4) Parking lot location. with muki family and offiee struetures. When the buildifi is leeated adjoeent to the street the parking shall be leeated in the re ff \Ll..... $110, FAII16 family stme..._e is leeatea off of the sir-ee. a fninimufn of 257 of undisturbed are all ate the bund:. fte the s•-m'. Parking lots shall be set back with la minimum of 35' of undisturbed area required adjacent to the street right-of- way. (5) Developers of multi-family, sive, and e,._ me_eial and non-residential uses in the Hillside Overlay District are encouraged to refer to the Hillside Best Management Practices Manual for guidance and direction in the design of their project. ORDINANCE NO. AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE CHAPTER 161 : ZONING REGULATIONS AND CHAPTER 172 : PARKING AND LOADING TO COMPLY WITH THE HILLSIDE/HILLTOP OVERLAY DISTRICT ORDINANCE WHEREAS, Ordinance No. 4855 was passed in April of 2006 and established special building height limitations within the Hillside/Hilltop Overlay District; and WHEREAS, Ordinance No. 4930 was passed in October of 2006 to implement the Downtown Master Plan Zoning Code; and WHEREAS, Exhibit D attached and adopted by Ordinance No. 4930 did not include the previous amendments to § 161 . 14 (F) and § 161 . 16 (F) Height regulations and therefore unintentionally repealed them; and WHEREAS, the Hillside/Hilltop regulations contained in Chapter 172: Parking and Loading need to be clarified. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas, hereby repeals § 161 . 14 (F) and § 161 . 16 (F) Height regulations of the Unified Development Code and enacts a new subsection (F) in both sections as shown below. "(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 feet as measured from the lowest point of the structure at the historic grade prior to development to the highest point of the structure, allowing three stories on the uphill side and four 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 three stories as measured from the historic grade, pre-development." Section 2: The City Council of the City of Fayetteville hereby repeals 172.04 (E) of the Unified Development Code and enacts a replacement subsection 172.04 (E) as shown on Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this 20'h 0h day of November. 2007. APPROVED: ATTEST: By: BY: DAN COODV, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" 172.04 Parking Lot Design Standards (E). Hillside Hilltop Overlay District. ( 1 ) Separation of Parking Puds in Multi-Famil. and Non-Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. (3) Maximum number ofspaces per parking lot fhr multi-family and non-residential uses. Parking pads shall have a maximum of 30 spaces per pad. (4) Parking lot location. Parking lots shall be set back with a minimum of 35 ' of undisturbed area required adjacent to the street right-of-way. (5) Multifamily and non-residential uses. Developers of multi-family and non-residential uses in the Hillside Overlay District are encouraged to refer to the Hillside Best Management Practices Manual for guidance and direction in the design of their project. ----------- 7) larks Peafman - Ord. 5079 Pa e 1 From: Clarice Peamian To: Conklin, Tim Date: 11.27.07 11:30 AM Subject: Ord. 5079 Attachments: 5079 Amend Ch 161 & Ch 172.pdf CC: Audit Tim, Attached is a copy of the above ordinance passed by City Council, November 20, 2007. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Arkansas Democrat SGazette Northwest Arkansas Times Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Kate MacNaughton, do solemnly swear that I am the 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 City of Fayetteville: Ordinance No. 5079 Was inserted in the Regular Editions on: November 30, 2007 Publication Charge: $121.32 Subscribed and sworn to before me This14iay of✓ , 2007. Notary Public £9att., Lucien My Commission Expires: 2,1Z.612,014, **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED CITY OF ERKS OE CITY CLERK'S OFFICE Friday, November 30, 2007 OMMENT CODE CHAPTER 181: ZONING REGUA- TIONS AND CHAPTER 172: PARKING AND LOAD- ING TO COMPLY WITH TIE HILLSIDEa1ILLTOP OVERLAY DISTRICT ORDINANCE Ordnance No. 4656 was passed at Aped 2006 and esttMlied weds bladhlp i.e wan the NilsidsAS OveMY District and Ordnance No. 4930 we. passed in October of 2005 to Hglerners the Dowrsam mina Code: and Exhibit D attached and adopted by ONnarics No. 4930 did not Include the pets to §161.14 (F) and §161.16 (F) Helps rapulWorw and theisMs vaaMabrg tarid Y -- nOdado sfeaw9iiit eeH0l'Pe 112: Parking end Loading need tc _.Sfie' ail.. �e��..: '. OOssa as R m n M OIIDAIMOrrr e0816LYi Or Till artwl xi 1'. The City Council of the City of Fayatslla. Aransas, hereby repeals §161.14 (F) 1 16 (F) Height regulations of the United Developnsnl Coca are ends a new subsection '(F) Height regulations. My building which exceeds the Might at 20 bet shhaM be sal back horn any side boundary The an addilbnal diMMne of ore toot lot each foot of hag" in excess of 20 Not except lot the Mr00. WWlin the HHOD. the ntaanwn building Mips a 8016at s rreesued hdn the ties" pans d 6e structure M M NMorb grade poor to dsvMOPrnd to the highest point d the slmCWfe, allowing three stories m the Uphill side and lox stone on the downhill side ol the building. If the building Is placed m a graded pad, ten the MIgN of the buildup is educedallowing a mexirrsan of he. Mores as measured from the historic grade, pro-devebPnent.' Section 2: The City Caxail of M City of F.,MNNM hereby repeals 172.04 (E)ot Ualed Devebpree Code and masts a rplacMMdsafaausim 172.04 (E) as shoa71 m EWba attached hereto and Tiede spelt hared. MWO mid APPROVED this 20th day d Nowiniber, M07. APPROVED: ATTEST: �a DIM 0000% Ilsesr L GUF M, 0f4 E)OilOIT 'A' 172.04 Parking Lot Dssign 9ndMds (E). Hillside H61op O.edM Ddorict. (1) Separation ot Parking Pads in Mu64Po&NfY. and NPrvfiadMalS DMstoprois. Peking Pads sell be separated by a mirenan wrdstabed are. of 15 Mt bill ~~ par" pads. Stress and access awes are pMrdted to aces this undisturbed area. (2) Cut and Fa Stops Paddrp Pads ahead be anpaeapsd to Size cut slopes wall rMYMq *t to medMze n r..gy er e. 04 parWng tit for asM4Mray and nawesdeMS does.pads Padurp p) MMtinslh e a ma d +leaf3 per spaces p 4)1 Tiannwe•5101. aad30tsSiaepalPad. Patting lot location. Parkkq lots shall be es bola afel a mlNvsm of 36of uaMeeabed area eysed adjacent to the street nghtal-way. (5) Mulifandry and non-ealdential lees. Developers Of nai4aMly aid naMreeidendai uses in the ww.u. rl.rt.0 rat ale wrmuaaed tot to Oa Ialalde IS IISIS Ted Recesses Mnuel RECEIVED DEC 032007 CITY CITY C ES RKOFF � E