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Home My WebLink AboutOrdinance 5271 ORDINANCE NO. 5271 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 163 : USE CONDITIONS, 164: SUPPLEMENTARY ZONING REGULATIONS, AND 166: DEVELOPMENT IN ORDER TO RESOLVE INACCURATE CROSS REFERENCES, ELIMINATE UNNECESSARILY REPETITIVE INFORMATION, AND IMPROVE OVERALL CLARITY AND READABILITY OF THE CODE. WHEREAS, the City of Fayetteville Unified Development Code through various revisions over the past few years now contains inaccurate cross references, and repetitive information; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide clear and accurate information that is easily understood by the general public; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to eliminate unnecessarily repetitive information that is more appropriately included in other chapters or by reference, 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 repeals the first sentence of § 163 .06 Use Conditions of the Unified Development Code and enacts a replacement sentence as follows: "Dance halls may be allowed as conditional uses where they are permitted subject to the following conditions:" Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first two sentences of § 163. 10 Use Conditions of the Unified Development Code and enacts replacement sentences as follows: "Outdoor music establishments operating during May or June of 2002 may continue to operate at the same location without this conditional use even if the ownership or name of the outdoor music establishment changes in the future as long as the establishment does not terminate its outdoor music for 12 consecutive months or longer. All other outdoor music establishments may be allowed as conditional uses where they are permitted subject to the following additional conditions:" Page No. 2 Ordinance No. 5271 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first sentence of § 163 . 16(A) Use Conditions of the Unified Development Code and enacts a replacement sentence as follows: (A) Clean Technologies. Clean Technologies may be allowed as a conditional use where they are permitted subject to the following conditions: Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code § 164.03 (A) and (B) Accessory Residential Uses in Nonresidential Districts to remove references to § 161 . 13(C) and replace it with a reference to "a density of 24 dwelling units per acre." Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code § 164.05 Supplementary Use Regulations to remove references to "§ 163 . 14". Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code § 164.09 Fences, Walls, and Vegetation to remove references to "§ 165 . 15" and replace it with "§ 166. 12". Section 7. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164. 18 (D)( 1 ) Gasoline service stations and enacts a replacement subsection as follows: ( 1 ) Bulk and area. Gasoline service stations shall be regulated by the bulk and area requirements of the district in which it is located and the following: Minimum setback of pump island, compressed air connection and similar 25 ft. equipment from all right-of-way lines Minimum setback of canopy covering pump island, compressed air connection 20 ft. and similar equipment from all right-of-way lines. ("Canopies shall not be considered a part of the building for determining building setbacks even if said canopies are attached to the principal structure. Section S. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.03 (A) Monuments and § 166.04 ( 1 ) and enacts a replacement subsection as follows: Monuments. The surveyor shall cause, preserve, and/or replace monuments marking the corners of a parcel to be set in accordance with Section 3 .2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. Section 9. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.03 (B) and § 166.04 (2) Lot stakes and enacts a replacement subsection as follows: Lot stakes. The surveyor shall cause, preserve, and/or replace lot stakes marking the comers of a parcel to be set in accordance with Section 3 .2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats Page No. 3 Ordinance No. 5271 Section 10. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166. 14 (C)(3) Site coverage and enacts a replacement subsection as follows: (3) Site coverage. A maximum of 85% of the development site may be covered by the ground floor of any structure, parking lots, sidewalks, and private streets and drives or any other impermeable surface. Zoning districts C-3, DC, MSC, DG, and the 1-540 Design Overlay District are exempt from this requirement. Section 11. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166. 14 (C)(5) Setback reduction and enacts a replacement subsection as follows: (5) Setback reduction. Required building setbacks may be reduced in accordance with the following table where no off-street parking is provided in the remaining front setback. One- way drive aisles may be permitted within the setback. C-1 , C-2, and I- 1 zones From 50 feet to 25 feet R-O zone From 30 feet to 25 feet 1-2 zone From 100 feet to 50 feet Section 12. That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces § 166. 14 (C)(7)(b) Chain link as follows: (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building. Residential uses are exempt from this requirement. Section 13. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.22 (A)(2) Parking Garages and enacts a replacement subsection as follows: (2) All other parking garages shall be located at least 25 ft. from the right-of-way line. The 25 ft. buffer created shall be landscaped in accordance with the regulations contained in the Landscape Regulations of Fayetteville's UDC. The 25 ft. landscape buffer may be developed at some point in the future with habitable space that meets the requirements above. PASSED and APPROVED this I " day of September, 2009. APPROVE ATTEST: �� „a�nnnrurrr LD JO , Mayor SO DRA E. SMITH, City Clerk/Trea` � \IY• R ZU • P� ; FAYETTEVILLE ; ,�gs.9RKAN0Q9Jam.' T01N1G�,`�� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/1/2009 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: ADM 09-3345: (UDC AMENDMENTS): Submitted by City Planning Staff. The request is to amend several chapters of the Unified Development Code for clarity and consistency in language, cross referencing, and to reflect references to state surveying requirements. Cost of this request Category I 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 I'sk-1 Ot-yi.01 Previous Ordinance or Resolution # Depa ment biaactor Date / Original Contract Date: Original Contract Number: City Attorney Date YQJ 0. Finance and Internal Services Director Date Received in City Clerk's Office F Chief of St If Date Received in Mayor's Office /Zaxl]0000/ Ma or / at e Comments: Revised January 15, 2009 00'� City Council Meeting of September 1 , 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council vP Thru: Jeremy Pate, Director of Development Services From: Dara Sanders, Current Planner Date: August 11 , 2009 Subject: UDC Amendments (ADM 09-3345) BACKGROUND City Planning Staff has recently been evaluating a majority of the Unified Development Code (UDC) in an effort to provide clarity and consistency throughout the chapters. Due to several revisions and additions to the UDC by different City staff over time, staff has identified inaccurate cross references, repeated information, inconsistent language structure, and sections within three chapters — Chapter 163 Use Conditions, Chapter 164 Supplementary District Regulations, and Chapter 166 Development - that can be improved for clarity and readability. The general intent is to provide consistent and accurate information that is easily understood by the general public and to eliminate repeated information that is more appropriately included in other sections of the UDC or by reference. Staff has been, and will continue, bringing forward amendments to the UDC as time allows, to further the goal of a consistent and comprehensive Unified Development Code. PROPOSAL The proposal before you is to amend several chapters of the UDC regarding various development, use conditions, and parking codes as summarized below and attached in full to this staff report: UDC Chapter Proposed Changes (1 ) Ch. 163.06; 163. 10; 163. 16 Removed the unnecessary and duplicate zoning district Use Conditions references for Dance Halls, Outdoor Music Establishments, and Clean Technologies, which are already included in other subsections of Chapter 161 , Zoning. (2) Ch. 164.03(A) Revised inaccurate cross references for accessory residential Supplementary Use uses in nonresidential districts from a density of 18 du/acre to Regulations stating a maximum density of 24 du/acre (3) Ch. 164.05 Supplementary Inserted the correct supplementary use cross reference for Use Regulations Automobile Garages City Council Meeting of September 1 , 2009 Agenda Item Number (4) Ch. 164.09 Supplementary Inserted the correct supplementary use cross reference for Use Regulations Fences, Walls, and Vegetation (5) Ch. 164. 18 Supplementary Removed redundant information pertaining to gasoline service Use Regulations stations that is included in the zoning and sign chapters of the UDC (6) Ch. 166.03; 166.04 Replaced specific surveying monument and staking Development requirements and added reference to the Arkansas Standards for Property Boundary Surveys and Plats to allow for the flexibility, as recommended by the City Surveyor (see attached State standards) (7) Ch. 166. 14(C)(5) Removed the additional vegetation requirements from the Development setback reduction allowed where no off-street parking is provided between a building and the street (8) Ch. 166. 14(C)(7) Removed unnecessary zoning district reference, as applied to Development the use of chain link fences in the front of commercial and office buildings (9) Ch. 166.22 Development Removed confusing zoning district references from the regulations for parking garages The ordinance amendments are highlighted and attached to the staff report. RECOMMENDATION Staff recommends approval of the proposed amendments to Chapters 163 , 164, and 166 of the UDC. This item was heard at the July 13 , 2009 Planning Commission meeting and forwarded to the City Council with a unanimous recommendation for approval (7-0-0). BUDGETIMPACT None. FAYETTE` ILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPART IENT TO: Dara Sanders, City Planner Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney DATE : August 14, 2009 RE : Ordinance to enact proposed revisions to U.D.C. I applaud your efforts to revise the U.D.C. to remove or revise mistaken cross references, delete unnecessarily repetitive verbiage, and clarify confusing language. I do have some suggested revisions of your proposed Ordinance. ( 1 ) "Unnecessary modifies "repeated" in your title and thus should be an adverb "unnecessarily. " (2) "Repetitive" might be preferable to "repeated" (3 ) First " Whereas" clause: "revisions" did not cause surveying requirements not to correlate to state standards. (4) Next two "Whereas" clauses : I would use "should" rather than "must". ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 163 : USE CONDITIONS, 164 : SUPPLEMENTARY ZONING REGULATIONS, AND 166: DEVELOPMENT IN ORDER TO RESOLVE INACCURATE CROSS REFERENCES, ELIMINATE UNNECESSARILY REPETITIVE INFORMATION, AND IMPROVE OVERALL CLARITY AND READABILITY OF THE CODE. WHEREAS, the City of Fayetteville Unified Development Code through various revisions over the past few years now contains inaccurate cross references, and repetitive information; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide clear and accurate information that is easily understood by the general public; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to eliminate unnecessarily repetitive information that is more appropriately included in other chapters or by reference, 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 repeals the first sentence of § 163 .06 UselConditions of the Unified Development Code and enacts a replacement sentence as follows: "Dance halls may be allowed as conditional uses where they are permitted subject to the following conditions:" Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first two sentences of § 163 . 10 Use Conditions of the Unified Development Code and enacts a replacement sentence as follows: "Outdoor music establishments operating during May or June of 2002 may continue to operate at the same location without this conditional use even if the ownership or name of the outdoor music establishment changes in the future as long as the establishment does not terminate its outdoor music for 12 consecutive months or longer. All other outdoor music establishments may be allowed as conditional uses where they are permitted subject to the following additional conditions:" Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first sentence of § I63 . 16(A) Use Conditions of the Unified Development Code and enacts a replacement sentence as follows: (A) Clean Technologies. Clean Technologies may be allowed as a conditional use where they are permitted subject to the following conditions: Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code § 164 .03 (A) and (B) Accessory Residential Uses in Nonresidential Districts to remove references to § I61 . 13(C) and replace it with a reference to "a density of 24 dwelling units per acre." Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code § 164.05 Supplementary Use Regulations to remove references to "§ 163 . 14". Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code § 164.09 Fences, Walls, and Vegetation to remove references to "§ 165 . 15" and replace it with "§ 166. 12". Section 7. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164. 18 (D)( I ) Gasoline service stations and enacts a replacement subsection as follows: ( 1 ) Bulk and area. Gasoline service stations shall be regulated by the bulk and area requirements of the district in which it is located and the following: Minimum setback of pump island, compressed air connection and similar 25 ft. equipment from all right-of-way lines Minimum setback of canopy covering pump island, compressed air connection 20 ft. and similar equipment from all right-of-way lines. ("Canopies shall not be considered a part of the building for determining building setbacks even if said canopies are attached to the principal structure.) Section S. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.03 (A) Monuments and § 166.04 ( 1 ) and enacts a replacement subsection as follows: Monuments. The surveyor shall cause, preserve, and/or replace monuments marking the comers of a parcel to be set in accordance with Section 3 .2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. Section 9. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.03 (B) and § 166.04 (2) Lot stakes and enacts a replacement subsection as follows: Lot stakes. The surveyor shall cause, preserve, and/or replace lot stakes marking the corners of a parcel to be set in accordance with Section 3 .2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats Section 10. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166. 14 (C)(3 ) Site coverage and enacts a replacement subsection as follows: (3) Site coverage. A maximum of 85% of the development site may be covered by the ground Floor of any structure, parking lots, sidewalks, and private streets and drives or any other impermeable surface. Zoning districts C-3, DC, MSC, DG, and the 1-540 Design Overlay District are exempt from this requirement. Section 11. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166. 14 (C)(5 ) Setback reduction and enacts a replacement subsection as follows: (5) Setback reduction. Required building setbacks may be reduced in accordance with the following table where no off-street parking is provided in the remaining front setback. One-way drive aisles may be permitted within the setback. C- 1 , C-2, and I- 1 zones From 50 feet to 25 feet R-O zone From 30 feet to 25 feet I zone From 100 feet to 50 feet Section 12. That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces § 166. 14 (C)(7)(b) Chain link as follows: (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building. Residential uses are exempt from this requirement. Section 13. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.22 (A)(2) Parking Garages and enacts a replacement subsection as follows: (2) All other parking garages shall be located at least 25 ft. from the right-of-way line. The 25 ft. buffer created shall be landscaped in accordance with the regulations contained in the Landscape Regulations of Fayetteville's UDC. The 25 ft. landscape buffer may be developed at some point in the future with habitable space that meets the requirements above. PASSED and APPROVED this the day of , 2009. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA SMITH, City Clerk MARK-UP UDC General Amendments Chapter 163 : Use Conditions is amended by removing unnecessary zoning district references for Dance Halls and Clean Technologies. 163.06 Dance Halls Dance halls qhAll RAt hP n"evipci in any zeRiRg district except C 2, C 3, Downtown GGF8, and Ma n Street GPRIPW where-they maybe allowed as conditional uses where they are permitted subject to the following conditions: 163.10 Outdoor Music Establishments Outdoor music establishments operating during May or June of 2002 may continue to operate at the same location without this conditional use even if the ownership or name of the outdoor music establishment changes in the future as long as the establishment does not terminate its outdoor music for 12 consecutive months or longer. All other outdoor music establishments may be allowed as conditional uses where they are permitted subject to the following additional conditions: 163.16 Clean Technologies (A) Clean Technologies. Clean Technologies shall be a GOnditional use in all Agricultural, Res .,,.��nt a'. Office QommeFdal and !RSt Wtieeal districts may be allowed as a conditional use where they are permitted subject to the following conditions:. Chapter 164: Supplementary Use Regulations is amended by revising inaccurate cross references and removing redundant information. 164.03 Accessory Residential Uses in Nonresidential Districts (A) Attached residential use. Attached residential uses shall be permitted in the C-1 , C-2, 1-1 and 1-2 zoning districts as a use by right. Density limitations for attached residential uses in such zoning districts shall be governed by § 161 .13(C) a density of 24 pijlling units per acre. (B) Detached residential dwelling. A detached residential dwelling unit may be permitted in the C-1 , C-2, 1-1 and 1-2 zoning districts as a conditional use. Density limitations shall be governed by §161 . 13(0) a=:density .of 24 dwelling uniper acret The building site and setback area must be separate and distinct from off-street parking spaces and setback areas required for the principal structure and shall include a minimum of 4,200 square feet of land area. The residential structure shall be located to meet required setbacks from exterior boundaries of the total tract. The property owner shall execute and record covenant provided that the residential structure shall not be sold separately from the principal structure, the covenant shall run with the land. 164.05 Automobile Garages In any district where permitted, automobile garages shall be subject to the regulations for drive-in facilities and all appurtenances used for repair or servicing of vehicles which are not enclosed shall be located at least 12 feet from a street lot line and 25 feet from any lot line in an A or R district. 164.09 Fences, Walls, and Vegetation Subject to the provisions of §155.15 166 .12, fences, walls, and vegetation may be permitted in any required setback or any required setback area, or along the edge of any setback, provided the fence, wall, or vegetation does not materially impede vision, as determined by the Zoning and Development Administrator, between vehicular or pedestrian traffic. In any required setback or any required setback area, nothing permanent over 2'/� feet (30 inches) high may be installed which materially impedes vision between vehicular or pedestrian traffic.