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HomeMy WebLinkAboutOrdinance 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. 164.18 Supplementary Use Regulations (D) Gasoline service stations. A gasoline service station shall be subject to the following requirements: (1) Bulk and area. Gasoline service stations shall be regulated by the bulk and area requirements of the district in which it is located, but in no caco thrill the cite for cuth a uco be locs than and the following: MiSmem-lot-alea Minimum-fronta 420 -ft- Maximum -width ^nor 40 -ft- driveway -width Minimum•distance•of 40 -ft - driveways -from -right-of-way intersections Minimum—setbeck-of-service 60 -ft: build ing-froma.T of-wa Ines Minimum setback of pump 25 ft. island, compressed air connection and similar equipment from all right-of- way lines Minimum setback of canopy 20 ft. covering pump island, compressed air connection 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. (3) (2) Auto washing. Washing of autos shall be entirely within an enclosed structure. Chapter 166: Development is amended by replacing specific surveying requirements with a reference to the Arkansas Standards for Property Boundary Surveys and Plats, specifying an overlay district, and removing unreasonable vegetation requirements and confusing zoning district references. 166.03 Required On -Site Improvements - Subdivisions in the City Limits Before the Planning Commission may grant final plat approval for a subdivision inside the city limits, the subdivider shall have installed, or shall have a guarantee in lieu of installation, either at his expense or in accordance with the existing policy of the City, the following improvements: (A) • I causer preserveand/or replace monu ..ith Section 32; general procedures, of the Plats: (B) Lot stakes. Meta' gtakes "'nche 30 ngensy-peir angles propert„ ''nes or easemenfs- The surveyor shall -cause preserve, and/or marking the cornersof a parcel to be set in accordance with Section 3.2, general Arkansas Minimum Standards for Property Boundary Surveys and Plats. 166.04 Required On -Site Improvements — Subdivisions in the Planning Area (A) Requirements. Before the Planning Commission may grant final plat approval for a subdivision located within the city's designated planning area, the subdivider shall have installed, or shall have made a guarantee of in lieu of installation, as provided by Chapter 158, either at his expense or in accordance with the existing policy of the city, the following improvements: (1) Monuments —Reinforced -concrete corners and subdivision corners. 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. (2) Lot stakes. _Metal stakes and angles in proporty lines or casements. 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. 166.14 Commercial Design and Development Standards (C) Site development standards and Design elements for commercial structures. The following site development standards and design element 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: (2) Construction and appearance design standards for commercial structures. (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, and DGr-and-4ho Design Overlay Dis4r4et are exempt from this requirement. (4) Driveways. Shared drives and cross access between properties shall be encouraged to developed and undeveloped properties. (5) Setback reduction. Required building setbacks may be reduced in accordance with the following table whereplantinging 10%stalled-and-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 (6) Maintenance of vegetation. Vegetation, under the provisions of this section, shall be continuously maintained to conform to the requirements of this section. (7) Fences. The following types, height, and location of fences shall be prohibited: (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building in Q. Residential uses are exempt from this requirement. 166.22 Parking Garages in the Downtown Core, Main Street Center, and Downtown General Zoning Districts (A) Purpose. Parking garages by their nature tend to overwhelm the built environment due to their scale and repetitious construction. Parking garages must be detailed carefully in order for them to enhance the built environment in terms of scale, appearance, and pedestrian safety. (1) Parking Garages located at the right-of-way line in the DC, MSC, and DG zoning districts shall meet at least one of the following criteria: (a) The entire length of the principal facade of the parking garage on the first or ground floor is comprised of habitable area, such as retail, office, or lobby space at a minimum depth of 15 ft. The habitable area may be interrupted for a maximum width of 30 ft. to allow for vehicle and pedestrian access to the parking garage. Entrances or door openings to the habitable space shall be provided at intervals no greater than 50 ft. apart. The upper floors of a parking garage in this configuration may extend over the first or ground floor to create a covered walkway. (b) The principal facade of the parking garage on the first or ground floor is composed of a series of display windows. Display windows shall be arranged so that there are no more than 4 ft. of blank wall space between display windows. Entrances or door openings shall be provided at intervals no greater than 50 ft. apart. The upper floors of a parking garage in this configuration may extend over the first or ground floor to create a covered walkway. (c) The principal facade of the parking garage is covered with a trellis that will support vines and other landscaping materials to create a living green facade. Parking garages in this configuration are required to utilize storm water harvesting techniques such as cisterns, green roofs, or by directing runoff through a series of planter boxes along the front of the facade. The upper floors may not extend over the first or ground floor to create a covered walkway. (2) All other parking garages not located at the right of way Imp in the Downtown Core, Main Street Cantor 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 Chapter 177 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. a e evl -le Y ARKANSAS THE CITY OF FAYETTEVILLE. ARKANSAS PC Meeting of July 13, 2009 125 W. Mountain St. Faycitev01 PLANNING DIVISION CORRESPONDENCE phone: le, 57 722 "fcicnhone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 8, 2009 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 Arkansas State requirements. Planner: Dara Sanders 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 that can be improved for clarity and readability. PROPOSAL The proposal before you is to amend several chapter of the UDC regarding various development, use condition, and parking codes as summarized below and attached in full to this staff report: UDC Chapter Proposed Changes (1) Ch.163.06; 166.16 Use removed the unnecessary zoning district references for Dance Conditions Halls and Clean Technologies (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 (4) Ch. 164.09 Supplementary Use Regulations (5) Ch. 164.18 Supplementary Use Regulations inserted the correct supplementary use cross reference for Fences, Walls, and Vegetation removed redundant information pertaining to gasoline service 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 requirements Development with a 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 unreasonable 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 confusing zoning district reference Development (9) Ch. 166.22 Development removed confusing zoning district references from the regulations for parking garages The ordinance amendments are shown highlight and are attached to the staff report. The general intent is to provide accurant 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 State Code. RECOMMENDATION Staff recommends forwarding ADM 09-3345 to the City Council with a recommendation for approval. Planning Commission Action: Motion: Second: Vote: Meeting Date: July 13, 2009 Comments: ❑ Forwarded ❑ Denied ❑ Tabled ADM 09-3345 (General Amendments) City of Fayetteville Unified Development Code Modifications CHAPTER 163: USE CONDITIONS 163.06 Dance Halls Dance halls i ' nteF where -they may be allowed as conditional uses subject to the following conditions: 163.16 Clean Technologies (A) Clean Technologies. Clean Technologies ' maybe allowed as a conditional use subject to the'iollowing conditions: CHAPTER 164: SUPPLEMENTARY USE REGULATIONS 164.03 Accessory Residential Uses In Nonresidential Districts (A) Attached residential use. Attached residential uses shall be permitted in the C-1, C-2, I-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.}3O) a densityof 24 dwelling units peracre. (B) Detached residential dwelling. A detached residential dwelling unit may be permitted in the C-1, C-2, I-1 and 1-2 zoning distracts as a conditional use. Density limitations shall be governed by §4113 aJ8en`sity of 24 dwelling units per acre. 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 set forth in §,d*3'13 ' 16.4,1S(G) 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 I Subject to the provisions of §165,15 166.12, 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'/z feet (30 inches) high may be installed which materially impedes vision between vehicular or pedestrian traffic. 164.18 Supplementary Use Regulations (D) Gasoline service stations. A gasoline service station shall be subject to the following requirements: (1) Bulk and area. Gasoline service stations shall be regulated by the bulk and area requirements of the district in which it is located; but-in-nasase-shat - he'sit and the following: Minimum-Iot-area Minimum4ienta 420 -ft. . _. Maximum-wktltrcurb-eutser 40 -ft Minimum-distance-ef 40 -ft. driveways -from -n t# -of -way e kdersintersesliens m—setback-of-sewise 50 -U - Minimum setback of pump 25 ft. island, compressed air connection and similar equipment from all ri ht-of- ADM 09-3345 (General Amendments) City of Fayetteville Unified Development Code Modifications way lines Minimum setback of canopy 20 ft. covering pump island, compressed air connection 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. (3) (2) Auto washing. Washing of autos shall be entirely within an enclosed structure. CHAPTER 166: DEVELOPMENT 166.03 Required On -Site Improvements — Subdivisions in the City Limits Before the Planning Commission may grant final plat approval for a subdivision inside the city limits, the subdivider shall have installed, or shall have a guarantee in lieu of installation, either at his expense or in accordance with the existing policy of the City, the following improvements: (A)--Alenwmcnt -- „oreect-e<taerete-monuments 4--irx o x-4-inehes-x--,3 inches -at -quarter -section cornersan dsubctivismn corners: (8) 6W-stakes—Metal'stakes:'/rwwtle-zT3©anshes-atzill-k>ttomers,-IwiMsof-tangeally.-points of curvature andangles-in-prEil�er!y-tiaetitsasements: (A) t.ton:rt r6(nl; ab'1 lot sl ,<o T_11I t,urvr':yor shall cause, preserve, and/or replace, monuments and/or lot s.Li;s:x;i nrk it l.' ciproms of n pawrol to f•c•l in accordance with'Section 3.2, general procedures,of the tak,insas f.•mummll;A,ul ,Ids I;s I'l()oriy' fuundary Surveys and: Plats 166.04 Required On -Site Improvements - Subdivisions in the Planning Area (A) Requirements. Before the Planning Commission may grant final plat approval for a subdivision located within the city's designated planning area, the subdivider shall have installed, or shall have made a guarantee of in lieu of installation, as provided by Chapter 158, either at his expense or in accordance with the existing policy of the city, the following improvements: .. ... .. o... .. .... _ _. (4} -Monuments. Reinforced=wncrate-monerrrrentsh incomes -x -4 -inches -x -l0 -inches a4 quarter -section corners and subdivision corners. (1) Monuments and lot stakes. The surveyor shall cause, preserve, and/or replacemonuments and/or 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. 166.14 Commercial Design and Development Standards (C) Site development standards and Design elements for commercial structures. The following site development standards and design element 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: CD164:2 ADM 09-3345 (General Amendments) City of Fayetteville Unified Development Code Modifications (2) Construction and appearance design standards for commercial structures. (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. (4) Driveways. Shared drives and cross access between properties shall be encouraged to developed and undeveloped properties. (5) Setback reduction. Required building setbacks may be reduced in accordance with the following table where i i `- i end ° 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 (6) Maintenance of vegetation. Vegetation, under the provisions of this section, shall be continuously maintained to conform to the requirements of this section. (7) Fences. The following types, height, and location of fences shall be prohibited: (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building in 31'., , . Residential uses are exempt from this requirement. 166.22 Parking Garages in the Downtown Core, Main Street Center, and Downtown General Zoning Districts (A) Purpose. Parking garages by their nature tend to overwhelm the built environment due to their scale and repetitious construction. Parking garages must be detailed carefully in order for them to enhance the built environment in terms of scale, appearance, and pedestrian safety. 1) Parking Garages located at the right-of-way line in the DC, MSC, and DG zoning districts shall meet at least one of the following criteria: (2) All other parking garages hot ld�t6d'atjhci.. Downtown Corn, Main -Street Center apdLDowntownCpnerat Zoningfliotncts shall be located at a build to linolocated 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 Chapter 177: 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. CD164:3 STANDARDS OF PRACTICE NO. I August 18, 1982 Revised May 8, 1992 Revised March 14, 1996 Revised (May 21, 2009) Updated 1-24-08 Updated 8-25-08 AR KA NSA S Standards of Practice For Property Boundary Surveys and Plats Richard Be!!, Secretary Arkansas Agriculture Department Everett Rowland State Surveyor Land Survey Division SECTION 3 GENERAL PROCEDURES 3.1 Research, Investigation and Procedure. Prior to a boundary survey, the surveyor shall obtain information from the following, as applicable: field notes and plats of the original government survey and subsequent surveys, deeds, maps, county and state records_ The surveyor shall analyze the information obtained to determine, to the best of his ability, the boundaries that were requested to be located. A. Surveys based on the U.S. Public Land Survey System shall be tied to the section and/or quarter section comers, which control position in accordance with the current BUREAU OF LAND MANAGEMENT (BLM) MANUAL OF SURVEYING INSTRUCTIONS. Except that if a survey is to be performed within a section previously subdivided the surveyor may lie to and rely on any well-defined corners found therein. This exception in no manner relieves the surveyor from any liability resulting from his reliance on said corners in the performance of the survey. B. The current BUREAU OF LAND MANAGEMENT (BLM) MANUAL OF SURVEYING INSTRUCTIONS shall be used as the guide for the restoration of lost or obliterated corners and subdivision of sections. C. within the subdivision required to verify the correctness of the survey. 3.2 Field Work A. Execution. The surveyor shall, under his personal direction, locate and make measurements to all available monuments appropriate or necessary for the location of boundaries and corners, and coordinate the results of this field research and investigation. B. Measurement Techniques. Survey measurement techniques shall be designed to eliminate mistakes and minimize or compensate for instrumental, environmental, and operator error. All measurements shall be made to a precision compatible with the size and geometric shape of the parcel, and shall be consistent with the accuracy required for the class of property being surveved. C. Monumentation. The surveyor shall cause monuments marking the corners of a parcel to be set as follows: Location, The surveyor shall locate or confirm the prior location of permanent monuments at each boundary corner of the lot, parcel, tract or line being surveyed. When the placement of a required monument at its proper location is impractical, an offset monument may be set. The location of said offset monument shall be clearly shown on the plat. The correctness or incorrectness of previously placed (existing) monuments shall be confirmed by the surveyor, and they shall be shown and referenced on the plat. 2. Type of Monument. The surveyor shall select a type of monument that provides a reasonable degree of permanency consistent with the physical features of the terrain and the intended use of the monument. The following guidelines shall be followed as closely as is practically possible. a. All the monuments shall be clearly marked with the registration number of the surveyor setting or responsible for setting the monument. b. Iron pipe shall be one-half inch 1(/2") in (inside diameter) diameter or larger and steel rods (rebar) shall be at least one-half inch t(n„) in diameter. The minimum length for monuments shall be 18 inches where applicable. c. Any monument set to mark the location of, a quarter -comer, or a section comer shall be marked with the precise corner position, the proper identification of the comer in accordance with the current BLM manual, and the year of monumentation. Letters and numerals on survey monument caps shall be neatly stamped with 1/8" or 3/16" steel dies and oriented to read from the south. 3. Monument Accessories. For any monument found or set marking the location of a quarter (1/4) corner, or a section comer, as well as any other comer for which the surveyor desires accessory evidence, shall be referenced by at least two (preferably four) permanent or semi -permanent witness objects (sound trees, when available). Horizontal measurements shall be made from the monumented corner position to the center of the base of reference trees at ground level, and to a readily identifiable point or mark on any other witness objects. On steep sites where a horizontal distance cannot be easily obtained, slope distance may be used and noted with the accessory information. 4. Existing monuments verified or relied on for survey control, which are not considered permanent (such as a loose mound of stones) should be replaced or supplemented using monumentation standards in Section 3.2-C-2. Large permanent monuments, such as stone or concrete monuments, should have the precise corner position marked by a chiseled "X" or cross. SECTION 4 PLATS 4.1 Publication of Results. A plat showing the results of each survey shall be prepared and distributed as follows: A. Preparation of plats. A scale drawing of theproperty with the following information shall be part of every plat: I. Boundaries with distances and directions (bearing or azimuths). When circular curves are platted the following four (4) curve elements shall be shown: radius, arc length chord bearing, and chord distance. 2. Ties to comers, monuments, comer accessories and other relevant witness information, which control the location of a boundary or corner, the surveyor's basis for acceptance thereof, and the originating source of any monument or accessory. 3. Record title lines including record deed distance and direction calls and/or document (book and page) references. 4. Reasonably observed encroachments and ossession lines. 5. Type and dimension description of monuments found and monuments set during the course of the survey. Pertinent inscriptions should also be included. 6. Point of beginning for metes and bounds surveys. 7. Client's name. 8. Business address of surveyor. 9. North arrow with basis of direction. A statement shall be made to explain direction is derived from the Arkansas Coordinate System 1983 (geodetic or grid system), the convergence angle and if the distances on the plat have been converted to ground, the Combination Adjustment Factor shall be shown with a notation soecifving the location where the calculations were made. 10. Bar scale 7 II. Legend. A legend may not be required when all symbols, lines and other graphics are described individually. 12. Tract Description. 13. Surveyors seal with dated signature, 14. Date of survey. 15. A.C.A. 6 17-48-107 requires every survey of a parcel of real property made situated in more than one quarter -quarter, the approximate number of acres of the parcel lying in each quarter -quarter shall be shown separately. 16. The appropriate index code from the State Surveyor's current "Survey Plat Coding Instructions". B. Distribution of All Plats. Copies of the plat shall be distributed within 30 days of completion as follows: 1. State Surveyor's office (A.C.A § 17-48-106 (a)). 2. Client. 3. Filing is not required, but may be submitted, for survey plats made of subdivided property located in a municipality where property has previously been surveyed and a plat filed R.C.A. S 17-48-106 (c)). SECTION 5 ENFORCEMENT Enforcement of these regulations is vested in the Arkansas State Board of Registration for Professional Engineers and Land Surveyors; as prescribed in A.C.A. 6 17-48-101 et. seq. NORTHWEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, 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: City of Fayetteville —Ordinance #5271 September 13, 2009 Publication Ch�arg-ems: $ 231.34 Signed: ---- - Subscribed and sworn to before me This day of 321tn'? 24 ' , 2009. Notary Public s�� CATNERINESTAGGF My Commission Expires: c9/17 /0 Do not pay from Affidavit, an invoice will be sent INANCE NO. 5271' AMENDING TITLE %V: UNIFIED CODE OF THE 163: E ONDI "/\ �ji 1/, END CHAPTERS USE CONO6 YG GC VV 1C 'PLEMENTARY ZONING REGULA- i: DEVELOPMENT IN ORDER TO ARKANSAS CURATE CROSS REFERENCES, ECESSARILY REPETITIVE INFORMATION, AND IMPROVE OVERALL FADABILITY 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 Informa- tion; 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 gen- eral 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 §16306 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 it 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 sub- ject to the following additional conditions',` 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 §16403 (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 dueling units per sore.' Section S. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified Development Code §164.05. Supplementary' Use Regulations to remove references to §16,3.14. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby emends Unified Development Code §164.09 Fences, Wails, 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 (DX1) 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 equipment from all right-of-way lines 25 ft. Minimum setback of canopy covering pump island, compressed air connection and similar equipment from all right-of-way lines. ("Canopies shall not be considered a pan of the building for determining building setbacks even if said canopies are attached to the principal structure.) 20 ft. Section 8. 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 cor- ners 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 (CH3) 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 floc 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 (CN5) 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 fl -Ozone Fran 30 feet to 25 teat 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 (CX7Xb) Chain link as follows (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the build- ing. 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 devel- oped at some point in the future with habitable space that meets the requirements above. PASSED and APPROVED this 1st day of September, 2009. APPROVED r ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClarkfMasurp