HomeMy WebLinkAboutOrdinance 5296 J
ORDINANCE NO. 5296
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE TO
PROVIDE MORE CLARITY, CONSISTENCY AND
PREDICTABILITY IN THE DEVELOPMENT REVIEW CODES AND
TO ESTABLISH THE FRAMEWORK FOR ADMINISTRATIVE
APPROVAL FOR CERTAIN PROJECT TYPES.
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be
revised to provide a more clear and predictable development review process 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; and
WHEREAS, the adopted land use plan for the City of Fayetteville, City Plan 2025, has a defined
objective to allow as-of-right development or administrative approval in an effort to permit and encourage
the type of growth and development the community desires; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be
revised in order to set up the framework for the approval, appeal, and public review process for
development that may be approved administratively; and
WHEREAS, some existing development applications that meet code requirements are required to
be approved by law and public hearings for such applications are not an efficient use of time and
resources for applicants or the City.
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 the definition of Large-scale development in § 151 Definitions of the Unified Development
Code and enacts a replacement sentence as follows:
"The development of a lot or parcel one acre or greater in size:"
Page 2
Ordinance No. 5296
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 153 .08(D)(2) to remove reference to "§ 166.01 " and replace it with "§ 166".
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals the § 155 .04
Alderman Appeal on Behalf of Resident of the Unified Development Code and enacts a replacement
§ 155 .04 as follows:
"§ 155 .04 Alderman Appeal on Behalf of Resident
An alderman may bring an appeal on behalf of any resident of the city a decision by the
Planning Commission to approve or deny the requests as set forth below."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals § I55 .06(C)
Appeals to the Planning Commission and enacts a replacement § 155 .06(C) as follows:
"See Exhibit "A" attached hereto and made a part hereof."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first two
sentences of § I56.02(B) Consideration by the Planning Commission of the Unified Development Code
and enacts replacement sentences as follows:
"(B) Consideration by the Planning Commission. Applications for variances of the
following-shall be considered by the Planning Commission."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 156.02
(B)(3) and § 156.02 (B)(4) and renumbers the remaining two subsections accordingly.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 156.03 Development to repeal subsections § 156.03(A)(3) and § 156.03(A)(4).
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 156.03(B) Consideration by the City Council — Park land dedication to remove
reference to "§ 166.03(K)" and replace it with "§ 166.04(B)."
Section 9. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ I 56.03(C)(4) Major development — park land dedication and enacts a replacement § 156.03(C)(4) as
follows:
"See Exhibit `B" attached hereto and made a part hereof."
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby adopts
§ I56.03(C)(8) of the Unified Development Code as follows:
"§ 156.03(C)(8) Bicycle rack variance. The Planning Commission may modify the
design standards or the requirement for a bicycle rack."
Page 3
Ordinance No. 5296
Section 11. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first
sentence of the § 157.02(B) Applicability of the Unified Development Code and enacts a replacement
sentence as follows:
"§ 157.02(B) Applicability: Development applications include, for the purpose of
notification, preliminary plats, concurrent plats, and large scale developments."
Section 12. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 157 Notification and Public Hearing by adopting § 157. 11 as follows:
"See Exhibit "C" attached hereto and made a part hereof."
Section 13. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 158.01 (A)(4) Sidewalks to remove reference to "§ 166.03(E)" and replace it with
"§ 166.04".
Section 14. That the City Council of the City of Fayetteville, Arkansas hereby repeals the first
two sentences of § 158.01 (B) Large Scale Developments of the Unified Development Code and enacts
replacement sentences as follows:
"§ 158.01 (B) Large Scale Developments and Large Site Improvement Plans. The
Planning Commission may approve an office, residential, commercial, or industrial Large
Scale Development plan and the Planning Division may administratively approve a Large
Site Improvement Plan prior to the installation of the required improvements; however,
no building permits may be issued until one of the following has occurred:"
Section 15. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 158.05(A) Off-Site Improvements/Delays to remove reference to "§ 166.07" and
replace it with "§ 166.04".
Section 16. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 164. 13 Non Residential Uses In R Districts to remove reference to "§ 166.05 or
166.06" and replace it with "§ 1663
.
Section 17. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.01 -
166.05 and enacts replacement subsections as follows:
"See Exhibit "D" attached hereto and made a part hereof"
Section 18. That the City Council of City of Fayetteville Arkansas hereby repeals subsection
§ I66.08(F)( 1 ) Curb Cut Minimum Distance from Intersection and enacts a replacement § I66.08(F)( 1 ) as
follows:
"§ 166.08(F)( 1 ) Curb cut minimum distance from intersection or driveway. For purposes
of determining curb cut or street access separation, the separation distance shall be
measured along the curb line from the edge of curb cut to the edge of curb
cut/intersection. The measurement begins at the point where the curb cut and intersecting
Page 4
Ordinance No. 5296
street create a right angle, i.e., the intersection of lines drawn from the face-of-curb to
face-of-curb. The measurement ends at the point along the street where the closest curb
cut or street intersection occurs; again, measured to the point where the curb cut or
intersecting streets create a right angle at the intersection of face-of-curb."
Section 19. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 166.08(F)( 1 )(a), (b) and (c), to remove reference to "centerline of."
Section 20. That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
§ 166.07 Required Off-site Improvements and reserves the section for future use.
Section 21. That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
§ 171 .03 Street Improvements and reserves this section for future use.
Section 22. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code § 172.09 (A) Off-Street Loading to remove reference to "§ 166.05 and 166.06" and
replace it with "§ 166.02".
PASSED and APPROVED this 15th day of December, 2009.
APPROVED ATTEST:
BV: ' f'77 By: � YQ � Vvlttn�J
MorQELD JO N, Mayor SONDRA E. SMITH, City Clerl q(ceeu r
`SRV(lT R� 0
G: ' QTY SG.
' FAYETTEVILLE
s,�'9dy9RKANsp`;Jam`?
SON 1G0
EXHIBIT "A"
ADM 09-3349
Page 1 of 2
§ 155.06 (C) Appeals to the Planning Commission.
( 1 ) Required dedications and improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on-site or off-site improvements, or
payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, development
permit, or otherwise within 10 days of notification of such development requirements. The appeal
must be presented to the Planning Division in writing and state the grounds, or reasons for the
appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications
and improvements meet the "rough proportionality" of the impact of the development on city
infrastructure and services. If the requirements are in excess of the "rough proportionality," the
Planning Commission is empowered to modify or reduce such requirements to achieve "rough
proportionality."
(2) Administrative Approvals.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively, as
required by Chapter 166.02 (C) may appeal the decision to the Planning Commission. The appeal
shall be submitted in writing to the Planning Division within 10 days of the final decision. The
appeal shall be limited to the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of
Chapter 166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by Chapter 166 of the Fayetteville Unified Development
Code.
(iv) The proposed development would create or compound a dangerous traffic condition.
For the purpose of this section, a dangerous traffic condition shall be construed to
mean a traffic condition in which the risk of accidents involving motor vehicles is
significant due to factors such as, but not limited to, high traffic volume, topography,
or the nature of the traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for
extending such service to the development.
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on-site
and off-site improvements.
EXHIBIT "A"
ADM 09-3349
Page 2 of 2
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
EXHIBIT "B"
ADM 09-3349
Page 1 of 1
§156.03(C)
(4) Parking variances.
(a) Number ofspaces. The Planning Commission shall have the authority to vary the number of
off-street parking spaces required in the Downtown Core, Main Street Center and Downtown
General Districts.
(b) Findings. The Planning Commission shall make findings indicating:
(i) Parking generated. That the proposed use will not generate as much parking as required
under the existing standard.
(ii) Shared parking. That shared parking facilities are available; or
(iii) On-street parking. That on-street parking can satisfy intermittent and occasional demands.
(c) Conditions. All variances shall meet the conditions listed below:
(i) Downtown Core, Main Street Center, and Downtown General Districts. Conditions for
variances in Downtown Core, Main Street Center, and Downtown General Districts:
a. In lieu fee. An in lieu fee of$ 1 ,200.00 for each on-site parking space shall be paid to
the city. This money shall be held in an interest bearing account and shall be expended
for public parking facilities within the district it is collected within 10 years from the date
it is collected. If said money has not been so expended within 10 years of the date
collected, said money, together with the interest thereon, shall be refunded to the person
or entity who made the contribution; or
b. Shared parking. For any parking space which is proposed to be shared under the
provision of § l 72.05(C). The applicant must present a signed agreement with the owner
of the property. The agreement shall address the number of spaces required for both
properties, the number of spaces available together with a site plan, and any other
pertinent information, such as restrictions on sharing for certain days or hours.
i f
EXHIBIT "C"
ADM 09-3349
Page 1 of 1
§ 157.11 Large Site Improvement Plan
Notification of review for Large Site Improvement Plan application shall occur as follows:
(A) Public hearing. A public hearing shall not be required.
(13) Applicability: Notification is required for a Large Site Improvement Plan.
(C) Notice of Large Site Improvement Plan. The applicant shall provide the following notice:
( 1 ) Who gets notice. Notice of the proposed development shall be given to all adjacent landowners.
(2) Methods of notice. Notice shall be provided by the following methods, as required by this chapter:
(a) Written notice. Written notice shall be provided no later than the date of Technical Plat Review
Committee at which the item is considered. Proof of notice shall be provided as required by this
chapter.
(b) Posted Notice. The applicant shall post notice no later than the date of Technical Plat Review
Committee at which the item is considered. Proof of notice shall be provided as required by this
chapter.
(D) Public Review Period. The public review period shall consist of seven (7) days, beginning upon the date
the item appears before the Technical Plat Review Committee. The Large Site Improvement Plan
application shall not be approved within the Public Review Period in order to allow adequate time for a
review and comment.
(E) Public Notification of Approval. The Planning Division's administrative approval of a Large Site
Improvement Plan shall be placed as an informational item on the agenda of the Subdivision Committee
or Planning Commission, and constitutes the final decision of the Zoning and Development Administrator
regarding the development application.
EXHIBIT "D"
ADM 09-3349
Page 1 of 27
166.01 Development Categories
(A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or
lines between adjoining property owners which does not create a separate, new lot. A property line
adjustment can not dedicate new easements or right-of-way.
(B) Subdivision of Land.
( 1 ) Lot Split. When a property is to be subdivided into two, three or four lots, the application may be
processed as a lot split. After the creation of more than four lots from an original parent tract, any
subsequent subdivision of the parent or resulting tracts is required to be processed as a
preliminary/final plat, or concurrent plat. A lot split may dedicate new easements or right-of-way, and
may be combined with an easement plat.
(2) Preliminary Plat. When a property is to be subdivided into more than four lots, or when a parent or
resulting tract has been subdivided three or more times and is proposed to be further subdivided, the
application shall be processed as preliminary plat. A preliminary plat establishes the preliminary
location of lot lines, streets, and utility infrastructure, and allows for the applicant to request
construction plan approval and install required improvements.
(3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities,
street improvements, etc.) for a preliminary plat, the subdivider may submit an application for
approval of the final plat. The final plat application may not be submitted until the final inspection for
the required infrastructure has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent
plat is permitted when a property is to be subdivided into more than four lots, or when a parent or
resulting tract has been subdivided three or more times and is proposed to be further subdivided, and
the existing and new parcels do not require construction of new infrastructure.
(C) Concept Plan. When a developer intends to subdivide or develop land within the City or City's
planning area boundary he/she may submit a concept plan to obtain feedback and recommendations from
City staff and the Planning Commission prior to submitting a fully engineered development plan for
review.
(D) Large Scale Development. A Large Scale Development is generally intended for, but not limited to, a
non-residential, mixed use, or multi-family development on a site of one acre or greater in size, where
subdivision of land is not proposed.
( 1 ) Requirement. The development of the following must be processed in accordance with the
requirements for a large scale development:
(a) A lot or parcel one acre or greater in size;
(b) Facilities emitting odors or handling explosives.
(2) Excluded developments. The following shall be excluded from the large scale development review
process:
(a) Single-family. A single-family residence, an addition to a single-family residence, or an accessory
EXHIBIT "D"
ADM 09-3349
Page 2 of 27
structure for a single-family residence;
(b) Additions. An addition to an existing structure if the addition will not:
(i) Exceed 10,000 square feet; or
(ii) Require more than 25 additional parking spaces under the provisions of Chapter 172, Parking
and Loading; or
(iii) Require a change in existing ingress or egress.
(c) Additional structure. An additional structure when erected as part of an existing development,
subject to the limitations of (D)(2) above.
(d) Prefabricated accessory buildings. A prefabricated, movable accessory building.
(e) A development on a lot or parcel in a zoning district subject to administrative approval.
(3) Modifications.
(a) Minor modifications. The Zoning and Development Administrator may authorize minor
modifications in an approved large scale development or subdivision of land. Minor modifications
shall include, but not be limited to, substitutions of one approved structural type for another, minor
variations in placement of buildings in such a way that the overall limits of approved floor area,
open space or rooms per acre are not increased, and minor shifts in property line locations.
(b) Major modifications. In the event that a developer wishes to make major modifications to an
approved development, such modifications shall be submitted to the Subdivision Committee or
Planning Commission in a form which compares the approved submission with the desired
changes. After submission, the Subdivision Committee shall approve or disapprove the requested
modifications.
(E) Large Site Improvement Plan. A Large Site Improvement Plan review is intended for a Large Scale
Development that is located on a site within a zoning district that permits administrative approval. A Large
Site Improvement Plan is subject to the Requirements and Excluded Developments for a Large Scale
Development listed in Fayetteville Unified Development Code 166.01 (D). A Large Site Improvement Plan
is subject to the Modification requirements of a Small Site Improvement Plan listed in Fayetteville Unified
Development Code 166.01 (F).
(F) Small Site Improvement Plan. A Small Site Improvement Plan review is intended for a non-residential,
mixed use, or multi-family development on a site that is less than one acre in size.
( 1 ) Requirement. The development of the following must be processed in accordance with the
requirements for a Small Site Improvement Plan:
(a) A development that is excluded from large scale development review and requires review by
multiple City divisions;
(b) The construction of more than one single family residence on one lot within any zoning district
other than a single-family zoning district.
EXHIBIT "D"
ADM 09-3349
Page 3 of 27
(2) Excluded developments.
(a) The construction of one single-family residence, an addition to a single-family residence, or an
accessory structure for a single-family residence shall be exempt from the site improvement plan
requirements.
(b) A development that requires review by a single City division.
(3) Modifications.
(a) Minor modifications. The Zoning and Development Administrator may authorize minor
modifications to an approved Small Site Improvement Plan. Minor modifications shall include,
but not be limited to, substitutions of one approved structural type for another or minor variations
in placement of buildings in such a way that the overall limits of approved floor area, open space
or rooms per acre are not increased.
(b) Major modifications. In the event that a developer wishes to make a major modification to an
approved Small Site Improvement Plan, such modifications shall be submitted to the Technical
Plat Review Committee, in a form which compares the approved submission with the desired
changes. After the requests made by the Technical Plat Review Committee have been satisfied,
the Zoning and Development Administrator may approve the requested modification.
166.02 Development Review Process
(A) Application Submittal
( 1 ) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat
Review Committee, Subdivision Committee, and Planning Commission as follows:
( 1 ) Technical Plat Review Committee. The following development applications are required to be
reviewed by the Technical Plat Review Committee: Lot Split, Small Site Improvement Plans,
Large Site Improvement Plans, Large Scale Development, Planned Zoning District, Preliminary
Plat, Final Plat, and Concurrent Plat. After the Technical Plat Review Committee meeting staff
may administratively approve Lot Splits, Final Plats, Small Site Improvement Plans, and Large
Site Improvement Plans after review for compliance with all applicable codes subject to UDC
166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by
the Subdivision Committee: Large Scale Development, Planned Zoning District with Development,
Preliminary Plat, and Concurrent Plat. From these applications, the Subdivision Committee may
approve only Large Scale Developments.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission: Preliminary Plat, Concurrent Plat, and Planned Zoning District with
Development. The Planning Commission may approve, deny, table, or approve development
applications with conditions. A Planned Zoning District cannot be approved by the Planning
EXHIBIT "D"
ADM 09-3349
Page 4 of 27
Commission, but may be forwarded to City Council.
(C) Approval and Denial Criteria
(1 ) Administrative Approval. The following applications shall be approved administratively by the
Planning Division as long as the proposal meets all requirements of the Unified Development
Code: Property Line Adjustment, Lot Split, Final Plat, Small Site Improvement Plan, and Large
Site Improvement Plan. Approval by the Planning Commission for these applications is not
required unless an appeal is filed in accordance with Ch. 156 of the UDC.
(a) Reasons for denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC, and/or
the required improvements have not been completed or guaranteed in accordance with
Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a
Small or Large Site Improvement Plan for any of the following reasons:
1 . The development plan is not submitted in accordance with the requirements of this
chapter.
2. The proposed development would violate a city ordinance, a state statute, or a federal
statute.
3 . The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
4. The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant
due to factor such as, but not limited to, high traffic volume, topography, or the nature of
the traffic pattern.
5. City water and sewer is not readily available to the property within the site improvement
plat area and the developer has made no provision for extending such service to the
development.
6. The developer refused to comply with ordinance requirements or condition of approval
for on-site and off-site improvements.
EXHIBIT "D"
ADM 09-3349
Page 5 of 27
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large Scale Development, Preliminary Plat and Concurrent Plat.
(a)Reasons for denial. The Subdivision Committee or Planning Commission may refuse to approve a
Large Scale Development, Preliminary Plat or Concurrent Plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For the
purpose of this section, a dangerous traffic condition shall be construed to mean a traffic
condition in which the risk of accidents involving motor vehicles is significant due to factors
such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale development,
preliminary plat, or concurrent plat and the developer has made no provision for extending
such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval for
on -site and off -site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate
governing body, the applicant shall follow the procedures set forth below in order to record the plat or
obtain construction plan approval.
(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat. The applicant shall submit
copies of the approved plats containing all required signatures to the Planning Division for final
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to
the Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
1. Street plans, profiles and specification accompanied by soil analyses and design calculations;
2. Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
3. Water and sewer plans, profiles and specifications, accompanied by design calculations, to be
reviewed and approved by City Engineering.
EXHIBIT "D"
ADM 09-3349
Page 6 of 27
4. Final site plans, landscape plans, and other plans, reports and specifications required by the
City to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits
(1)Before a building permit for a Large Site Improvement Plan or Large Scale Development is issued
the developer shall:
(a) Obtain approval from the appropriate governing body.
(b)Dedication of right-of-way. Dedicate right-of-way in compliance with the City's Master Street
Plan, and in compliance with the requirements for on or off -site improvements.
(c)Dedicate all easements necessary to serve the development as required by the utility providers and
the City. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(d) On and off -site improvements. Construct or guarantee required on- and off -site improvements in
accordance with UDC chapter 158.
(e) Complete applicable conditions of approval.
(f) Comply with all applicable zoning and development codes.
(F) Completion ofDevelopment/Certificate of Occupancy. No certificate of occupancy for a Large Scale
Development, Large Site Improvement Plan, or Small Site Improvement Plan shall be issued, and no
Final Plat or Concurrent Plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off -site improvements have been completed, and maintenance
bonds/guarantees deposited to City specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-
way and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-
of-way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences; and
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines.
(3) The development has been inspected and approved by all applicable City divisions.
(4) All applicable conditions of approval have been completed.
EXHIBIT "D"
ADM 09-3349
Page 7 of 27
166.03 Plat Requirements
(A) Original plan drawings. Plans shall be drawn in a legible
manner,
at a scale
which
best
suits the
size
of
the property being developed or platted. All plans
shall be drawn
at a standard
engineering
scale,
and
submitted in paper and/or digital form, as listed on the
application.
(B) Plat information. The following information shall be
submitted to the
Planning
Division
and/or
Planning
Commission for review and approval:
(1) General.
a)
(ID N
d
_a
It c
n
E
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o v
u
C P
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'sZ
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o
R°
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E a c w
n.a
Uaa¢
.a
a
U
U
o a v o' a o
Title block
` a i U a. - .-c.t U
located in
Name,
the lower
address,
right hand
zoning and
corner
property
indicating
lines of all
the name
property X X X X X X X
and type of
X
X
X
X
X
X
X
owners
project,
adjacent to
scale, firm
the exterior
or individual
boundaries
preparing
of the
drawing,
project.
date and
Name,
revisions.
address,
Provide a
telephone
complete
numbers of
and accurate
X
X
X
X
X
X
X
owner(s), X X X X X X X
legend
developer(s)
A vicinity
and project
map of the
representativ
project with
es
a radius of
North arrow,
1.5 miles
scale
from the
(graphic and
project. This
written),
map shall
X
X
X
X
X
X
X
date of
include any
preparation X X X X X X X
Master
zoning
Street Plan
classificatio
streets as
n, and
well as the
proposed
100 year
use,
flood plain
EXHIBIT "D"
ADM 09-3349
Page 8 of 27
c
0)
a
=
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rn N
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ao
c
boundary.
The location
of all
existing
X
X
X
X
X
X
X
structures.
Site
X
coverage
note
indicating
the
percentage
of site that is
covered by
impervious
surface.
(2) Legal description.
Z
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d
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t0 p"
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Written
legal
description
s including
area in
square feet
or acres
that read
clockwise
(Note: If
X
X
X
X
X
X
the project
is
contained
in more
than one
tract, the
legal for
each
individual
ro
.E
y
a¢
cV U
U
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U
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c
o 0
o c
o
a
a
s
w
U as
a
v
U
tract and a
total tract
description
must be
provided.)
Boundary
survey of
the
property
shown on
the plat.
The
surveyor
shall seal,
sign and
date the
survey.
Each
survey plat
shall have
X
X
X
X
X
X
X
2 points
described
in State
Plane
Coordinate
s,
Arkansas,
North,
North
American
Datum,
1983
(NAD 83)
Provide a
benchmark,
clearly
defined
with an
accuracy of
1/100'.
X
X
X
X
This
benchmark
must be
tied to
EXHIBIT "D"
ADM 09-3349
Page 9 of 27
h
6.
C
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is 0.'
U
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USC & GS
Datum.
Benchmark
s include
but are not
limited to
the
following:
fire
hydrant,
manhole,
etc.
Point -of -
beginning
from a
permanent
well-
defined
reference
X
X
X
X
X
X
point. This
P.O.B.
shall be
clearly
labeled on
the
drawing.
Curve data
for any
street
which
forms a
X
X
X
X
X
X
project
boundary.
(3) Floodplain Ifloodways / wetlands.
E
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V
N
Ct
; a
v
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°
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U
Show 100-
yr
floodplain
and/or
floodway
and
based flood
elevations.
X
X
X
X
X
X
X
Reference
the FIRM
panel
number and
effective
date.
Note
regarding
wetlands, if
applicable.
Note if
Army Corps
X
X
X
of
Engineers
determinati
on is in
progress.
EXHIBIT "D"
ADM 09-3349
Page 10 of 27
(4) Topographic information.
C
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avr
ro
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Existing
and
proposed
topographi
C
informatio
n with
source of
the
informatio
n noted.
Show:
a. Two
foot
contour
intervals
X
X
for ground
slope
between
level and
ten
percent.
b. Five
foot
contour
interval for
ground
slope
exceeding
ten
percent.
Spot
elevations
at grade
breaks
along
existing
X
X
road
centerlines
, gutter
lines and
top of
C
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as
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curbs or
edge of
pavement.
Contours
of adjacent
land
within 100
feet of the
X
X
project
shall also
be shown.
(5) Tree protection / landscaping.
N
C
C)
-
Y
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Q
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-
v
a
Delineate trees
to be retained
on -site and the
measures to be
X
X
X
X
X
implemented for
their protection.
Clearly depict
the limits of soil
disturbance to
include all areas
X
X
X
X
to be graded
both on and off -
site.
Show proposed
location of all
X
X
X
X
utilities.
EXHIBIT "D"
ADM 09-3349
Page 11 of 27
C)
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v cao' -- a o c a mom �a 0
a ce. On. I- ¢ a° a n U a n. v� U
Landscape structure's
proposals for locations,
parking lots types, and
and/or tree condition
replacement and note
requirements them as
shall include "existing"
proposed plant on the plat.
species and size. Existing
Existing and easements
proposed utility shall show
lines shall be the name of
shown on the X X X X the
plan. State the easement
method for holder,
irrigating the purpose of
plant material on the
the plan. When easement,
an ordinance and the
requires shrubs book and
or other page X X X X X X
screening number for
material, show the
the layout of easement. If
planting beds. an easement
is blanket or
(6) Utilities — existing. indeterminat
e in nature,
a note to
C)
5 a a this effect
. shall be
placed on
a c o a o n o a CO the plat or
a L. UOj . a¢ flf U plan.
Show on the
drawing all
known on -
site and off -
site existing X X X X X X X
utilities and
easements
(dimensione
d) and
provide the
EXHIBIT "D"
ADM 09-3349
Page 12 of 27
(7) Utilities — proposed.
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Show all
storm sewer
structures,
sanitary
sewer
structures
and drainage
structures:
X
X
X
X
a. Provide
structure
locations
and types
b. Provide
pipe types
and sizes
Sanitary
sewer
systems:
a. Provide
pipe
locations,
sizes, and
X
X
X
X
X
X
types
b. Manhole
locations of
rim and
invert
elevations.
Note the
occurrence
of any
previous
water,
sewer, or
storm sewer
X
X
X
overflow
problems
on -site or in
the
proximity of
the site.
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If a septic
system is to
be utilized,
provide a
table of
acreage and
X
X
X
percolation
rates.
Water
systems, on
or near the
site:
a. Provide
pipe
locations,
types, and
sizes
b. Note the
static
pressure and
flow of the
nearest
hydr
X
XXX
X
X
ant if
requested.
c. Show
location of
proposed
fire hydrants
and meters.
Undergroun
d or surface
utility
transmission
lines: (Note:
X
X
X
X
This
category
includes, but
EXHIBIT "D"
ADM 09-3349
Page 13 of 27
Ct
aI-
ttl
_
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C)
Ct
C
is not
limited to
Telephone,
Electrical,
Natural Gas,
and TV
Cable)
a. Locations
of all related
structures
(pedestals,
poles, etc.)
b. Locations
of all lines
(note
whether the
line is below
or above
ground)
c. A note
shall be
placed
where
streets will
be placed
under the
existing
overhead
facilities and
the
approximate
change in
grade for the
proposed
street.
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Y
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a
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State the
width,
location,
and purpose
of all
proposed
easements
or rights of
way for
utilities,
drainage,
X
X
X
X
X
X
X
sewers,
flood
control,
ingress/egre
ss or other
public
purposes
within and
adjacent to
the project.
(8) Streets / right-of-ways / easements.
Ct
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v
Cl)y
N
N
a.
1.
1J v
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O
Street right-
of-way
lines clearly
labeled.
The
drawing
shall depict
X
X
X
X
X
X
X
any future
R.O.W.
needs as
determined
by the
AHTD and
EXHIBIT "D"
ADM 09-3349
Page 14 of 27
Y
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❑ Y
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Y
OLD n
a
C
Master
Street Plan.
Future
R.O.W. as
well as
existing
R.O.W. and
center lines
should be
shown and
dimensione
d.
The
location,
widths,
grades, and
names of
all existing
and
proposed
streets
(avoid
using first
names of
people for
new
streets),
alleys,
X
X
X
X
X
X
X
paths, and
other
rights -of -
way,
whether
public or
private,
within and
adjacent to
the project;
private
easements
within and
adjacent to
the project;
and the
G
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a a
c�Ya
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a
O
radius of
each
centerline
curve.
Private
streets shall
be clearly
indicated
and named.
Names of
streets
should be
approved
by the 911
Coordinator
EXHIBIT "D"
ADM 09-3349
Page 15 of 27
T
C
Y
a`a
Y
a,
=
Y
a
aoi p
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a
-
a
0_
A layout of
adjoining
property
(within
300') in
sufficient
detail to
show the
effect of
proposed
and
existing
streets
(including
those on the
master
street plan),
adjoining
lots, and
X
X
X
X
X
off -site
easements.
This
information
can be
obtained
from the
Master
Street Plan,
Aerial
Photos, and
the City
Plat Pages
located in
the
Planning
Office if
requested.
The
location of
all existing
and
X
X
X
X
proposed
street lights
(At every
in
a)
a
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1
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a
t
=
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a)
may^
a
U
Y
intersection
cul-de-sac
,
& every
300'and
associated
easements
to serve
each light.)
(9) Subdivision of land.
G
a)
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a%
Y
a.
t
n N
n
—
u
a�i
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a, a
c°ai
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v°
o
as
Uaa¢
a
.ern
U
The lot
layout, the
dimensions
of each lot,
number of
each lot,
total area in
square
footage or
acreage to
the nearest
one-
X
hundredth
(1/100th)
X
X
X
X
X
acre of each
lot, and the
approximat
e finish
grade where
pads are
proposed
for building
sites. Lots
shall be
numbered
consecutive
ly for all
EXHIBIT "D"
ADM 09-3349
Page 16 of 27
phases. The
total
number of
lots shall be
indicated on
the plat.
For phased
developmen
t, a plat
X
X
X
X
showing all
phases is
required.
(10) Site spec fc information.
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Provide a
note of any
known
existing
erosion
problems on-
X
X
site or within
300'
downstream
of the
property.
The location
of known
existing or
abandoned
water wells,
sumps,
cesspools,
springs,
X
X
X
X
X
X
water
impoundmen
ts, and
underground
structures
within the
project.
i,
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ra
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ao
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i
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a` .—
IS
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a
The location
of known
existing or
proposed
ground
leases or
access
agreements,
X
X
X
X
X
X
if known.
(e.g. shared
parking lots,
drives, areas
of land that
will be
leased)
The location
of all known
potentially
dangerous
areas,
including
areas subject
to flooding,
slope
stability,
settlement,
excessive
X
X
noise,
previously
filled areas
and the
means of
mitigating
the hazards
(abatement
wall,
signage,
etc.).
The
boundaries,
acreage, and
X
X
X
X
the use of
existing and
proposed
EXHIBIT "D"
ADM 09-3349
Page 17 of 27
U
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t
p
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i.,:.
U a.
a` .a
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U
public areas
in and
adjacent to
the project.
If land is to
be offered
for
dedication
for park and
recreation
purposes it
shall be
designated.
For
residential
development
indicate the
,
use and list
X
in a table the
number of
units and
bedrooms.
For non-
residential
development
indicate the
,
gross floor
area,
and if for
X
multiple
uses, the
floor area
devoted to
each type of
use.
The location
and size of
existing and
X
X
X
X
X
X
proposed
signs, if any.
The location
and number
of bike racks
x
provided and
h
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=
)
a
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a
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a
vN
as
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required.
Location,
size,
surfacing,
landscaping,
and
arrangement
of parking
and loading
areas.
Indicate
pattern of
traffic flow;
X
include a
table
showing
required,
provided,
and
handicapped
accessible
parking
spaces.
Location and
width of
curb cuts
and
driveways.
Dimension
all
driveways
x
and curb
cuts from
side property
line and
surrounding
intersections.
Location of
buffer strips,
fences or
screen walls,
X
X
X
where
required
EXHIBIT "D"
ADM 09-3349
Page 18 of 27
T
Y
G
a
C
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0.
G)
c.
=_C.
O
Ct
a
i
U a
a`
U
(check
Unified
Developmen
t Code for
specific
requirements
)•
Indicate
location and
type of
garbage
service.
X
X
Dimension
turnaround
area at
dumpster
location.
A
description
of
commonly
X
X
X
held areas, if
applicable.
A written
description
of requested
waivers or
X
X
X
X
X
X
variances
from any
city
requirement.
Show
required
building
setbacks.
Provide a
note on the
plat of the
X
X
X
X
X
X
X
current
setback
requirements
for the
subdivision.
Ct
Ct
a
c
a
E
U
U¢
V
U
U
U
Preliminary
grading and
drainage plan
and reports as
required in th
x
x
City
Engineer's
Office.
(11) Other requirements.
a
c
a
Ct
E
°
i
a
C
Any other
data or
reports as
deemed
necessary
for project
review by
the Zoning
and
X
X
X
X
X
X
X
Developmen
t
Administrat
or, City
Engineer or
Planning
Commission
Signature
block to
certify
approval of
X
X
streets,
drainage
and utility
easements.
Signature
X
X
EXHIBIT "D"
ADM 09-3349
Page 19 of 27
block to
certify
approval of
water and
sewer
system.
Signature
block to
certify
approval of
X
X
building
setback
dimensions.
Signature
block
certifying
X
X
X
X
approval for
recording.
Ct
5
°
a.
t
=
t
a
a . ,
`n
ono
c
I-.
a
a
Signature
block
certifying
approval
of park
X
x
land
dedication
or money
in lieu.
Signature
block
certifying
approval
X
X
of utility
easements
Signature
block
certifying
ownership
X
X
X
title and
,
dedication
Signature
block
certifying
survey
X
X
X
and
accuracy.
(12) Easement plat.
E
♦.
O
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ii-.
C a�
Uaa`.<
C)
.5
O.. '
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v
av,U
C.-
Prior to the
issuance of
a building
permit for a
large scale
developmen
t, site
improveme
nt plan or
planned
zoning
district an
x
easement
plat shall be
filed of
record in
the office of
the circuit
clerk
dedicating
all required
easements
and rights -
of -way.
*All plats should meet or exceed the most
current State ofArkansas Standards of Practice
for Property Boundary Surveys and Plats.
* *SIP = Large or Small Site Improvement Plan
* * *PZD = Planned Zoning District
EXHIBIT "D"
ADM 09-3349
Page 20 of 27
(C) Signatures required. The final plat or concurrent plat may be signed by any officer of the Planning
Commission.
(D) Number ofplats. The Planning Division may require additional copies of plats if the amount required by
this chapter is not sufficient for distribution to the various committee members.
(Code 1965, App. C., Art. I1, §§ F --H; Ord. No. 2581, 12-4-79; Code 1991, §§ 159.16--159.18; Ord. No.
4100, § 2 (Ex. A), 6-16-98)
166.04 Required Infrastructure Improvements — Development in City Limits
(A) Generally. Required of developer.
(1) On and off -site improvements. On -site improvements are adjacent to or within a project site; such as
widening the street along the project street frontage, constructing interior streets and utilities, etc. Off -
site improvements are not adjacent to a project; such as the extension of an off -site sewer line to the
property boundary, off -site storm drainage improvements, or an off -site intersection improvement, etc.
(2) Standards applicable. Any required on or off -site improvements in the city and within one mile ofthe
city limits shall be installed according to the city's standards; provided on or off -site improvements to
roads located outside one mile of the city limits shall be installed to the county's standards. The
developer shall be required to bear that portion of the cost of off -site improvements which bears a
rational nexus to the needs created by the development.
(3) Required Infrastructure Improvements. On and off -site improvements that are roughly proportional
and bear a rational nexus to the impact of the development are required for all development within the
City of Fayetteville. The developer shall be required to install on and off -site improvements where the
need for such improvements is created in whole or in part by the proposed development.
(4) Planning Commission and Planning Division. At the time the Planning Commission or Planning
Division (where applicable for administrative approval) grants development approval, the Planning
Commission or Planning Division shall determine whether the proposed development creates a need
for off -site improvements and the portion of the cost of any needed off -site improvements which the
developer shall be required to bear; provided, that portion ofthe cost of off -site improvements to roads
located outside the city's corporate limits but within the city's planning area shall be determined by the
county. In determining that portion of the cost of off -site improvements which the developer shall be
required to bear, the Planning Commission or Planning Division (where applicable for administrative
approval) shall consider the acreage within the proposed development as a percentage of all the
acreage which, when fully developed, will benefit from the off -site improvements; provided, the
Planning Commission or Planning Division may use a different method of measurement if it
determines that use of the acreage standard will not result in the developer bearing that portion of the
cost which bears a rational nexus to the needs created by the development.
(5) Determining necessity for off -site improvements.
(a) When a proposed development has access to paved streets or roads only by way of substandard or
unimproved roads or streets leading from the development to the paved streets or roads, the
EXHIBIT "D"
ADM 09-3349
Page 21 of 27
developer shall be responsible for contributing this proportionate share of the cost of improving
the substandard access roads or streets to existing city or county standards. The developer's
proportionate share of said costs shall be determined by the Planning Commission or Planning
Division (where applicable for administrative approval) in accordance with the provisions of
166.04 (A) above.
(b) When a proposed development has direct access to, or fronts on an existing road or street, which is
below current standards, the developer shall be responsible for contributing his/her proportionate
share of the cost of improving said street or road to existing city or county standards. The
Planning Commission or Planning Division (where applicable for administrative approval) shall
determine the developer's proportionate share of said costs in accordance with the provisions of
166.04 (A) above.
(c) Off -site drainage improvements shall be required whenever a proposed development causes the
need for such improvements.
(6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on -
site or off -site improvement shall be delayed or payment -in -lieu contributed instead in accordance with
Chapter 158 of the UDC. Cross reference(s)--Bonds and Guarantees, Ch. 158.
(7) Variances. A variance of off -site improvements may be granted in accordance with Chapter 156
Variances.
(8) State highways. The developer shall be required to dedicate sufficient right-of-way to bring those state
highways which the Master Street Plan shows to abut or intersect the proposed subdivision into
conformance with the right-of-way requirements of the Master Street Plan. The developer shall be
required to install a sidewalk adjacent to that portion of a state highway abutting the proposed
development; and provided that the Planning Commission or Engineering Division (where applicable
for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon
application by the developer and a determination by the Planning Commission or Engineering
Division (where applicable for administrative approval) that the topography of the proposed
development where it abuts a state highway is such that installation of a sidewalk is not practical. Any
other improvements required of the developer by the Planning Commission or Engineering Division
(where applicable for administrative approval) shall be coordinated with the Arkansas Highway and
Transportation Department.
(B) Minimum improvements by application type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(I) Property Line Adjustment. No improvements are required unless the action would create or exacerbate
a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street
frontage. In such as case the property line adjustment may not be filed of record until the required
infrastructure is first constructed to City specifications, or a variance or waiver is granted by the
Planning Commission.
(2) Lot Split.
(a) Dedication of right-of-way. Sufficient right-of-way dedication, to bring those streets which the
Master Street Plan shows to abut or intersect the property into conformance with the right-of-way
requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or
EXHIBIT "D"
ADM 09-3349
Page 22 of 27
Planning Commission may recommend a lesser dedication in the event of undue hardship or
practical difficulties. Such lesser dedication shall be subject to approval by the City Council.
(i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have
been previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such
streets and alleys dedicated by developers/owners to the city which have been approved by the
Fayetteville Planning Commission/Subdivision Committee.
(b) Monuments and lot stakes. The surveyor shall cause, preserve, and/or replace monuments 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.
(c) Water, sewer, or street frontage. Any lot that is created shall have adequate street frontage or
street access that meets the minimum requirements of the zoning code, and access to public water
and sewer as required by city and state code. If a lot split would create or exacerbate a
nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or
street access), the lot split may not be filed of record until the required easement is dedicated
and/or the infrastructure is first constructed to City specifications, or a variance or waiver is
granted by the Planning Commission.
(d) Parkland dedication. Parks fees shall be assessed for each new residential unit that is constructed
on the additional lot(s) in accordance with the parkland dedication requirements outlined in
Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a
building permit for construction on the new lot.
(3) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement
Plan.
(a) Dedication of right-of-way.
(i) On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan
shows to abut or intersect the property and new streets proposed interior to the property, into
conformance with the right-of-way requirements of the Master Street Plan for said streets,
shall be approved by the Planning Commission or Subdivision Committee; provided, the
Planning Commission or Subdivision Committee may recommend a lesser dedication in the
event of undue hardship or practical difficulties. Such lesser dedication shall be subject to
approval by the City Council.
1. Exemption. Small Site Improvement Plan applications are exempt from this requirement.
(ii) Off -site. Off -site right-of-way dedication may be required as needed to construct off -site street
improvements that are required based on the rough proportionality and rational nexus of the
impacts of the project.
(iii) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have
been previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such
streets and alleys dedicated by developers/owners to the city which have been approved by the
Fayetteville Planning Commission/Subdivision Committee.
EXHIBIT "D"
ADM 09-3349
Page 23 of 27
(b) Monuments and lot stakes. The surveyor shall cause, preserve, and/or replace monuments 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.
(c) Streets.
(i) On -site. Widening the street adjacent to the project frontage and construction of all interior
streets to meet Master Street Plan standards. Street grading, base, and paving according to
existing city standards and specifications as adopted by the City Council.
(ii) Off -site. Street widening and/or new street construction off -site may be required to address
traffic impacts based on the rough proportion and rational nexus of the impacts of the project.
Street grading, base, and paving according to existing city standards and specifications as
adopted by the City Council.
(d) Curbs and gutters.
(i) On -site. Curbs and gutters adjacent to the project frontage according to existing city standards
and specifications as adopted by the City Council.
(ii) Off site. Curbs and gutters off -site may be required to address drainage and/or traffic impacts
based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters
according to existing city standards and specifications as adopted by the City Council.
(e) Traffic signals. As determined to be needed based on the rough proportionality and rational nexus
of the impacts of the development.
(f) Sidewalks.
(i) On -site. Sidewalks shall be installed along the property street frontage and along new interior
streets according to existing city standards and the Master Street Plan as adopted by the city
Council.
(ii) Off -site. Sidewalks may be required to be installed off -site based on the rough proportionality
and rational nexus of the impacts of the development.
(g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning
Division) shall be installed at each intersection or cul-de-sac and along one side of each street or
cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be
required at intersections with collector streets or arterial streets. Developer are encouraged to
utilize high -efficiency (LED or similar) streetlights where possible).
(h) Grading and storm drainage system.
(i) The
developer shall install
storm drainage facilities,
including drains, sewers, catch basins,
and
culverts necessary for
the proper drainage of all
surface water.
(ii) All drainage facilities shall be so designed to serve the entire drainage area.
EXHIBIT "D"
ADM 09-3349
Page 24 of 27
(iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or
natural drainage ditches approved by the City Engineer.
(iv) The City Engineer shall approve all drainage features.
(i) Culverts and bridges. Culverts and bridges shall be installed where needed in accordance with
existing Arkansas State Highway Department standards and specifications.
(i) Water supply.
(i) Accessible public water supply. When an approved public water supply is reasonably
accessible, the developer shall install a system of water mains and shall connect to such
supply so that each lot within the subdivision or development • shall be provided with a
connection to said public water supply. All connections shall be approved by the City
Engineer. Individual service lines shall be installed, and individual connections shall be made
prior to the paving of the street, if possible.
(ii) Nonaccessible public water supply. Where an approved public water supply is not reasonably
accessible, any private water supply system proposed by the developer must be approved by
the county sanitarian and the City Engineer in order to assure that the private water supply
system will provide an adequate supply of potable water to every lot in the subdivision or
development. Individual service lines shall be installed, and individual connections shall be
made prior to the paving of the street, if possible.
(iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so
that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is
more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial
structures, and industrial structures shall be installed so that the distance between two
consecutive fire hydrants does not exceed 600 feet; provided, the fire chief shall have the
authority to require additional fire hydrants upon a determination that such additional fire
hydrants are necessary to provide adequate fire protection. The fire chief shall develop
written criteria to be applied in determining whether additional fire hydrants shall be required.
(j) Sanitary sewer system.
(i) Public sanitary sewer accessible. Where a public sanitary sewer is reasonably accessible, the
developer shall connect with such sewer, and each lot within the subdivision or development
shall be provided with a connection thereto. All connections shall be subject to the approval
of the City Engineer. Individual service lines shall be installed, and individual connections
shall be made prior to the paving of the street if possible.
(ii) Public sanitary sewer not accessible. Where a subdivision, lot split, or other development is
proposed to utilize either individual septic systems or an onsite wastewater treatment system
the following is required:
Lot splits resulting in lots less than 1.5 acres. Prior to the City stamping the lot split
document for approval, a letter from the Arkansas Department of Health is required
verifying approval of soil tests and that the property could be developed with a septic
system.
EXHIBIT "D"
ADM 09-3349
Page 25 of 27
2. Prior to the City signing a final or concurrent plat a letter from the Arkansas Department
of Health is required indicating approval of the overall plan for the utilization of either
onsite wastewater systems or individual septic permits.
Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields
required by state law and water wells on -site or off -site within 100 feet shall be shown on
all proposed subdivisions, lot splits, and development plans.
3. Community sewage systems. The construction of community sewage systems or
decentralized sewer systems shall be prohibited within the City unless expressly permitted
by resolution of the City Council.
4. Annexation
of
community sewage systems.
Where a community sewage system is
annexed into
the
City, then the following shall
apply:
a. Unconstructed systems. The wastewater system shall be designed such that the entire
collection system is a traditional -style gravity sewer system that carries all wastewater
flow to centralized treatment facilities and shall meet City standards for design
construction. The system must also be designed such that there is one single point of
connection from which a future gravity connection can be made to the City sanitary
sewer system when the latter becomes available. This connection shall be made at the
expense of the owner of the decentralized wastewater system.
b. Constructed systems. Systems constructed prior to annexation into the City must tie
to the City sanitary sewer system when a City sanitary sewer main is constructed
within 300 feet of the community sewage system and such main is reasonably
available to the community sewage system. This connection shall be made at the
expense of the owner of the decentralized wastewater system.
State law reference(s)--"Arkansas Sewage Disposal Systems Act," A.C.A. §14-236-101 et seq.
(k) Trail linkages/corridor/easements. The developer may be required to construct a trail linkage or
corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that
abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational
nexus and rough proportionality to the needs created by the development.
(I) Parkland dedication.
(i) Applicability. The requirements of this subsection shall apply to residential lot splits,
subdivisions, Large Scale Developments, Planned Zoning Districts and Large Site
Improvement Plans; provided, said requirements shall not apply to a Lot Split or subdivision
which does not create one or more vacant lots on which a structure could be erected under the
city's zoning regulations.
(ii) Residential development.
1. Dedication orfee-in-lieu. When a proposed residential development does not provide an
area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the
developer shall be required to make a reasonable dedication of land for public park
facilities, or to make a reasonable equivalent contribution in lieu of dedication of land,
EXHIBIT "D"
ADM 09-3349
Page 26 of 27
such contribution to be used for the acquisition and development of park land that serves
the subdivision or development.
2. Parks and Recreation Advisory Board. Prior to the submittal of a Preliminary Plat, Large
Scale Development plan, or Large Site Improvement Plan the developer shall submit to
the Parks and Recreation Advisory Board a concept plat or plan.
3. Planning Commission. The developer and the Parks and Recreation Advisory Board
shall make ajoint recommendation to the Planning Commission as to the land dedication
or contribution in lieu of dedication. In the event that they are unable to agree, the
developer and advisory board shall make separate recommendations to the Planning
Commission who shall determine the issue.
4. Decision. If the developer proposes to dedicate land for a public park after consultation
with the Parks and Recreation Advisory Board which the Planning Commission
determines is suitable for park purposes, the proposed dedication shall be accepted. Upon
consent and consultation with the developer and the Parks and Recreation Advisory
Board, a developer may dedicate a portion of the required park land dedication and make
a contribution of money in lieu of land dedication for the remaining park land dedication
requirement. With consent of the Parks and Recreation Advisory Board, this monetary
contribution may be used to develop the park land in the development or elsewhere
within the quadrant consistent with the Fayetteville Parks and Recreation Plan.
5. Approval. The Planning Commission's decision must be incorporated into the developer's
Preliminary Plat, Large Scale Development, or Large Site Improvement Plan prior to plat
or plan approval.
6. Dedication ratios. Land shall be dedicated at a ratio of .024 acre of land for each single-
family dwelling unit and .017 acre of land for each multi -family dwelling unit.
7. Fee -in -lieu formulas. A contribution in lieu of land dedication shall be made according
to the following formula:
$960.00 for each single-family unit
$680.00 for each multi -family unit based upon actual density.
The Parks Department shall review the contribution formula every two (2) years and
make recommendations to the City Council following such review.
8. Dedication in excess. If a developer wishes to dedicate park land which exceeds the
requirement of this subsection, the developer shall make a written request to the Planning
Commission who may grant the developer a credit equivalent to said excess. Said credit
shall be applied toward the developer's obligation under this subsection for any
subsequent development located in the same park quadrant.
(iii) Timing of dedication and/or contribution. All dedications of land must be made before the
city signs the final plat, or issuance of building permits for a Large Scale Development or
Large Site Improvement Plan. A Final Plat shall not be released for recordation until the deed
for a land dedication is received. Deeded land is dedicated public park land and not subject to
any right of reversion or refund. A cash contribution in lieu of required land development shall
EXHIBIT "D"
ADM 09-3349
Page 27 of 27
be payable before the city signing the Final Plat, or issuance of building permits for a Large
Scale Development or Large Site Improvement Plan. With the approval of the Planning
Commission a developer may pay such contribution in three equal installments to be paid in
full within one year of Final Plat approval. If a developer makes a cash contribution in lieu of
land dedication, the developer shall be entitled to a pro rata refund, together with the accrued
interest therefrom, in the event actual density is less than the density used as the basis for the
developer's contribution; provided, no refund shall be made unless application therefore is
made in writing to the Zoning and Development Administrator within one year from the date
of Final Plat approval. In the event actual density is more than the density used as the basis for
a dedication of land or case contribution the developer must make an additional land
dedication or contribution in lieu of dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -lieu allocation. All money received under this subsection shall be deposited in an
interest bearing account. Said money together with the interest, shall be expended within three
calendar years of the last date of the calendar year in which it was received for the acquisition
and development of park land that services the subdivision for which a contribution in lieu of
dedication has been made. If said money has not been expended within the three-year period,
said money, together with the interest thereon, shall be refunded to the developer who made
the contribution.
(C) Other infrastructure improvements. Other infrastructure improvements may be required where the need for
such improvements is created in whole or in part by the proposed development as determined by the City
Engineer.
166.05 Required Infrastructure Improvements — Development in Planning Area
(A) Required Infrastructure Improvements Outside the City.
(1) Within One Mile ofCity Limits. On and off -site improvements for development outside the City Limits
and within one mile of the City are the same as for those developments within the City Limits as
specified in UDC 166.04, with the exception of the park land dedication requirement, which is not
required.
(2) Beyond One Mile of City Limits. On and off -site improvements for development outside one mile of
the City limits shall meet Washington County standards.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/15/2009
City Council Meeting Date
Agenda Items Only
Andrew Garner
Submitted By
Planning Development Services
Division Department
Action Required
ADM 09-3449: (DEVELOPMENT REVIEW UDC AMENDMENTS): Submitted by City Planning Staff. The request is to
amend several chapters of the Unified Development Code (UDC) to clarify the City's review process and required
public infrastructure improvements for development. These UDC changes would also establish the approval, appeal,
and public review process for development that may be approved administratively.
Cost of this request
Account Number
Project Number
Budgeted Item O
Department Dir c or
City Attorney
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Date
..
pu
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City EJiEDED I /
Clerk's Office II'2ti•09}(`�°• ((�f
Date
Received in '�D 2
Mayor's Office
Date
Revised January 15, 2009
City Council Agenda Memo
City Council Meeting Date:
December'15, 2009
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Director`
From: Andrew Garner, Senior Planner
Date: November 24, 2009
Subject: Development Review UDC Amendments (ADM 09-3349)
BACKGROUND & PROPOSAL
Development Review Process. City Planning Staff, Planning Commissioners and some Council members
over the past few years have noted that certain sections of the UDC are confusing and inconsistent
regarding the review process and public infrastructure requirements for development. In an effort to
provide consistency and predictability in the development review process staff has proposed substantial
changes and re -organization of the UDC in the past year, as development has slowed to a level that
allows the research and time to re -write the codes. This particular proposal concentrates mainly on
Chapter 166 Development. These changes are intended to more clearly indicate the process for getting
various development types approved, and the required public infrastructure for each type of
development application.
Administrative Approval. Staff also proposes to define the approval, appeal, and public review process
for development that may be approved administratively. These changes are in anticipation of new
commercial and form -based zoning codes that would permit certain types of large developments to be
approved administratively. Staff also proposes to permit additional applications to be approved
administratively, such as lot splits and final plats, when all UDC requirements are met. The latter
proposal is an attempt to reduce the time and cost for applicants and the city in notifying, publishing
agendas, staff reports, etc. for development items that meet code and are required to be approved by
law. These code amendments are also meant to accomplish the goals adopted by the City Council in City
Plan 2025 and most recently discussed this year as a primary goal than came out of the Fayetteville
Forward Economic Development Summit.
The proposal is to amend several chapters of the UDC regarding the development review process,
required infrastructure improvements, and administrative approval as summarized below and attached
in full to this staff report:
UDC Subject Proposed Changes
151 Definitions Changed wording on Large Scale Development.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
153.08
Enforcement
Changed reference to chapter numbering.
155.06
Appeals
Established a process for applicants and the public to appeal a decision
regarding administrative approval to the Planning Commission.
156.02;
Variances
Moved parking and bicycle rack variances from zoning to development,
156.03
hereby placing these variances under the purview of the Planning
Commission rather than the Board of Adjustment. Changed UDC reference
to parkland dedication to reflect the new UDC chapter numbers.
157.02;
Notification
Added notification requirements for large projects that will be able to be
157.11
approved administratively after the adoption of new commercial and
form -based zoning districts; eliminated notification requirements for
smaller items such as lots splits that will now be able to be approved
administratively.
158.01;
Bonds and
Added requirements that large projects that will be able to be approved
158.05;
Guarantees
administratively will be required to bond or guarantee public
158.06
improvements.
159.01
Fees
Changed reference to chapter numbering.
164.13 Supplementary Changed reference to chapter numbering.
District
Regulations
166.01- Development Clarified different development categories; explained the development
166.07 review process from submittal to completion; listed what projects require
Subdivision/Planning Commission approval and those that may be
approved administratively; combined public infrastructure requirements
from different sections into one section of the UDC for clarity and to
eliminate redundancy and confusion.
166.08 Clarified how to measure curb cut separation.
171.03 Streets and Removed discussion on street improvements that is now incorporated
Sidewalks into ch. 166; re -numbered the remaining subsections.
172.09; Parking Changed reference to chapter numbering.
172.11
The ordinance amendments are highlighted and attached to the staff report.
RECOMMENDATION
Staff recommends approval of the proposed amendments to Chapters of the UDC as listed above. This
item was heard at the November 9`° and 23`° Planning Commission meeting and forwarded to the City
Council with a unanimous recommendation for approval (6-0-0).
BUDGET IMPACT: None.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE TO PROVIDE MORE CLARITY,
CONSISTENCY AND PREDICTABILITY IN THE
DEVELOPMENT REVIEW CODES AND TO ESTABLISH
THE FRAMEWORK FOR ADMINISTRATIVE
APPROVAL FOR CERTAIN PROJECT TYPES.
WHEREAS,
the City of Fayetteville recognizes that the Unified Development Code
should be revised to
provide a more clear and predictable development review process 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; and
WHEREAS,
the adopted land use plan for the City of Fayetteville, City Plan 2025, has a
defined objective to
allow as -of -right development or administrative approval in an effort to
permit and encourage
the type of growth and development the community desires; and
WHEREAS,
the City of Fayetteville recognizes that the. Unified Development Code
should be revised in
order to set up the framework for the approval, appeal, and public review
process for development that may be approved administratively; and
WHEREAS,
some existing development applications that meet code requirements are
required to be approved by law and public hearings for such applications are not an efficient use
of time and resources
for applicants or the City.
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 the definition of Large-scale development in § 151 Definitions of the Unified
Development Code and enacts a replacement sentence as follows:
"The development of a lot or parcel one acre or greater in size:"
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §153.08(D)(2) to remove reference to "§ 166.01" and replace it with
"§ 166".
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals the
§ 155.04 Alderman Appeal on Behalf of Resident of the Unified Development Code and enacts a
replacement § 155.04 as follows:
"§ 155.04 Alderman Appeal on Behalf of Resident
An alderman may bring an appeal on behalf of any resident of the city a decision by the Planning
Commission to approve or deny the requests as set forth below."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ I55.06(C) Appeals to the Planning Commission and enacts a replacement § I55.06(C) as
follows:
"See Exhibit "A" attached hereto and made a part hereof."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals the
first two sentences of §156.02(B) Consideration by the Planning Commission of the Unified
Development Code and enacts replacement sentences as follows:
"(B) Consideration by the Planning Commission. Applications for variances of the following
shall be considered by the Planning Commission."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 156.02 (B)(3) and § 156.02 (B)(4) and renumbers the remaining two subsections accordingly.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §156.03 Development to repeal subsections § I 56.03(A)(3) and
§ I56.03(A)(4).
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §156.03(B) Consideration by the City Council — Park land
dedication to remove reference to "§ 166.03(K)" and replace it with "§ 166.04(B)."
Section 9. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ I 56.03(C)(4) Major development — park land dedication and enacts a replacement
§ 156.03(C)(4) as follows:
"See Exhibit "B" attached hereto and made a part hereof."
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby adopts
§ 156.03(C)(8) of the Unified Development Code as follows:
"§156.03(C)(8) Bicycle rack variance. The Planning Commission may modify the
design standards or the requirement for a bicycle rack."
Section 11. That the City Council of the City of Fayetteville, Arkansas hereby repeals the
first sentence of the §157.02(B) Applicability of the Unified Development Code and enacts a
replacement sentence as follows:
"§157.02(B) Applicability: Development applications include, for the purpose of notification,
preliminary plats, concurrent plats, and large scale developments."
Section 12. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §157 Notification and Public Hearing by adopting §157.11 as
follows:
"See Exhibit "C" attached hereto and made a part hereof."
Section 13. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §158.01(A)(4) Sidewalks to remove reference to "§166.03(E)" and
replace it with "§ 166.04".
Section 14. That the City Council of the City of Fayetteville, Arkansas hereby repeals the
first two sentences of § 158.01(B) Large Scale Developments of the Unified Development Code
and enacts replacement sentences as follows:
"§ 158.01 (B) Large Scale Developments and Large Site Improvement Plans. The Planning
Commission may approve an office, residential, commercial, or industrial Large Scale
Development plan and the Planning Division may administratively approve a Large Site
Improvement Plan prior to the installation of the required improvements; however, no
building permits may be issued until one of the following has occurred:"
Section 15. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §158.05(A) Off -Site Improvements/Delays to remove reference to
"§ 166.07" and replace it with "§ 166.04".
Section 16. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code § 164.13 Non Residential Uses In R Districts to remove reference to
"§ 166.05 or 166.06" and replace it with "§ 166".
Section 17. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 166.01-166.05 and enacts replacement subsections as follows:
"See Exhibit "D" attached hereto and made a part hereof."
Section 18. That the City Council of City of Fayetteville Arkansas hereby repeals
subsection § I66.08(F)(I) Curb Cut Minimum Distance from Intersection and enacts a
replacement §166.08(F)(1) as follows:
"§ 166.08(F)(I) Curb cut minimum distance from intersection or driveway. For purposes of
determining curb cut or street access separation, the separation distance shall be
measured along the curb line from the edge of curb cut to the edge of curb
cut/intersection. The measurement begins at the point where the curb cut and intersecting
street create a right angle, i.e., the intersection of lines drawn from the face -of -curb to
face -of -curb. The measurement ends at the point along the street where the closest curb
cut or street intersection occurs; again, measured to the point where the curb cut or
intersecting streets create a right angle at the intersection of face -of -curb."
Section 19. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code § 166.08(F)(I)(a), (b) and (c), to remove reference to "centerline of."
Section 20. That the City Council of the City of Fayetteville, Arkansas hereby repeals
subsection § 166.07 Required Off -site Improvements and reserves the section for future use.
Section 21. That the City Council of the City of Fayetteville, Arkansas hereby repeals
subsection § 171.03 Street Improvements and reserves this section for future use.
Section 22. That the City Council of the City of Fayetteville, Arkansas hereby amends
Unified Development Code §172.09 (A) Off -Street Loading to remove reference to "§166.05 and
166.06" and replace it with "§ 166.02".
PASSED and APPROVED this the _ day of , 2010.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
ADM 09-3349
Page 1 of 2
§ 155.06 (C) Appeals to the Planning Commission.
(I) Required dedications and improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or
payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, development
permit, or otherwise within 10 days of notification of such development requirements. The appeal
must be presented to the Planning Division in writing and state the grounds, or reasons for the
appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications
and improvements meet the "rough proportionality" of the impact of the development on city
infrastructure and services. If the requirements are in excess of the "rough proportionality," the.
Planning Commission is empowered to modify or reduce such requirements to achieve "rough
proportionality."
(2) Administrative Approvals.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively, as
required by Chapter 166.02 (C) may appeal the decision to the Planning Commission. The appeal
shall be submitted in writing to the Planning Division within 10 days of the final decision. The
appeal shall be limited to the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of
Chapter 166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a cityordinance, a state statute, ora federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by Chapter 166 of the Fayetteville Unified Development
Code.
(iv) The proposed development would create or compound a dangerous traffic condition.
For the purpose of this section, a dangerous traffic condition shall be construed to
mean a traffic condition in which the risk of accidents involving motor vehicles is
significant due to factors such as, but not limited to, high traffic volume, topography,
or the nature of the traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for
extending such service to the development.
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site
and off -site improvements.
EXHIBIT "A"
ADM 09-3349
Page 2 of 2
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
EXHIBIT "B"
ADM 09-3349
Page 1 of!
§156.03(C)
(4) Parking variances.
(a) Number ofspaces. The Planning Commission shall have the authority to vary the number of
off-street parking spaces required in the Downtown Core, Main Street Center and Downtown
General Districts.
(b) Findings. The Planning Commission shall make findings indicating:
(i) Parking generated That the proposed use will not generate as much parking as required
under the existing standard.
(ii) Shared parking. That shared parking facilities are available; or
(iii)On-street parking. That on -street parking can satisfy intermittent and occasional demands.
(c) Conditions. All variances shall meet the conditions listed below:
(i) Downtown Core, Main Street Center, and Downtown General Districts. Conditions for
variances in Downtown Core, Main Street Center, and Downtown General Districts:
a. In lieu fee. An in lieu fee of $1,200.00 for each on -site parking space shall be paid to
the city. This money shall be held in an interest bearing account and shall be expended
for public parking facilities within the district it is collected within 10 years from the date
it is collected. If said money has not been so expended within 10 years of the date
collected, said money, together with the interest thereon, shall be refunded to the person
or entity who made the contribution; or
b. Shared parking. For any parking space which is proposed to be shared under the
provision of § 172.05(C). The applicant must present a signed agreement with the owner
of the property. The agreement shall address the number of spaces required for both
properties, the number of spaces available together with a site plan, and any other
pertinent information, such as restrictions on sharing for certain days or hours.
EXHIBIT "C"
ADM 09-3349
Page 1 of l
§157.11 Large Site Improvement Plan
Notification of review for Large Site Improvement Plan application shall occur as follows:
(A) Public hearing. A public hearing shall not be required.
(B) Applicability Notification is required for a Large Site Improvement Plan.
(C) Notice of Large Site Improvement Plan. The applicant shall provide the following notice:
(1) Who gets notice. Notice of the proposed development shall be given to all adjacent landowners.
(2) Methods of notice. Notice shall be provided by the following methods, as required by this chapter:
(a) Written notice. Written notice shall be provided no later than the date of Technical Plat Review
Committee at which the item is considered. Proof of notice shall be provided as required by this
chapter.
(b) Posted Notice. The applicant shall post notice no later than the date of Technical Plat Review
Committee at which the item is considered. Proof of notice shall be provided as required by this
chapter.
(D) Public Review Period. The public review period shall consist of seven (7) days, beginning upon the date
the item appears before the Technical Plat Review Committee. The Large Site Improvement Plan
application shall not be approved within the Public Review Period in order to allow adequate time for a
review and comment.
(E) Public Notification of Approval. The Planning Division's administrative approval of a Large Site
Improvement Plan shall be placed as an informational item on the agenda of the Subdivision Committee
or Planning Commission, and constitutes the final decision of the Zoning and Development Administrator
regarding the development application.
EXHIBIT "D"
AUM 09-3349
Page 1 of 27
166.01 I)cvelopment Categories
(A) Proper/ -v Line Arl itsvntent. A property line adjustment is a transferor adjustment ofa property line or
lines between adjoining property owners which does not create a separate, new lot. A property line
adjustment can not dedicate new easements or right-of-way.
(B) Subdivision ofLand.
(1) Lot Split When a property is to be subdivided into two, three or four lots, the application may be
processed as a lot split. After the creation of more than four lots from an original parent tract, any
subsequent subdivision of the parent or resulting tracts is required to be processed as a
preliminary/final plat, or concurrent plat. A lot split may dedicate new easements or right-of-way, and
may be combined with an easement plat.
(2) Preliminary Plot When a property is to be subdivided into more than four lots, or when a parent or
resulting tract has been subdivided three or more times and is proposed to be further subdivided, the
application shall be processed as preliminary plat. A preliminary plat establishes the preliminary
location of lot lines, streets, and utility infrastructure, and allows for the applicant to request
construction plan approval and install required improvements.
(3) Final Plot. After completion of the required infrastructure (water, sewer, storm drainage, utilities,
street improvements, etc.) for a preliminary plat, the subdivider may submit an application for
approval of the final plat. The final plat application may not be submitted until the final inspection for
the required infrastructure has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent
plat is permitted when a property is to be subdivided into more than four lots, or when a parent or
resulting tract has been subdivided three or more times and is proposed to be further subdivided, and
the existing and new parcels do not require construction of new infrastructure.
(C) Concept Plan. When a developer intends to subdivide or develop land within the City or City's
planning area boundary he/she may submit a concept plan to obtain feedback and recommendations from
City staff and the Planning Commission prior to submitting a fully engineered development plan for
review.
(D) Large Scale Development, A Large Scale Development is generally intended for, but not limited to, a
non-residential, mixed use, or multi -family development on a site of one acre or greater in size, where
subdivision of land is not proposed.
(1) Requirement. The development of the following must be processed in accordance with the
requirements for a large scale development:
(a) A lot or parcel one acre or greater in size;
(b) Facilities emitting odors or handling explosives.
(2) Excluded developments. The following shall be excluded from the large scale development review
process:
(a) Single-family. A single-family residence, an addition to a single-family residence, oran accessory
EXHIBIT "D"
ADM 09-3349
Page 2 of 27
structure for a single-family residence;
(b) Additions. An addition to an existing structure if the addition will not:
(i) Exceed 10,000 square feet; or
(ii) Require more than 25 additional parking spaces under the provisions of Chapter 172, Parking
and Loading; or
(iii) Require a change in existing ingress or egress.
(c) Additional.structure. An additional structure when erected as part of an existing development,
subject to the limitations of (D)(2) above.
(d) Prefabricated accessory buildings. A prefabricated, movable accessory building.
(e) A development on a lot or parcel in a zoning district subject to administrative approval.
(3) Modifications.
(a) Minor modifications. The Zoning and Development Administrator may authorize minor
modifications in an approved large scale development or subdivision of land. Minor modifications
shall include, but not be limited to, substitutions of one approved structural type for another, minor
variations in placement of buildings in such a way that the overall limits of approved floor area,
open space or rooms per acre are not increased, and minor shifts in property line locations.
(b) Major modifications. In the event that a developer wishes to make major modifications to an
approved development, such modifications shall be submitted to the Subdivision Committee or
Planning Commission in a form which compares the approved submission with the desired
changes. After submission, the Subdivision Committee shall approve or disapprove the requested
modifications.
(E) Large Site Improvement Plan. A Large Site Improvement Plan review is intended for a Large Scale
Development that is located on a site within a zoning district that permits administrative approval. A Large
Site Improvement Plan is subject to the Requirements and Excluded Developments for a Large Scale
Development listed in Fayetteville Unified Development Code 166.01 (D). A Large Site Improvement Plan
is subject to the Modification requirements of a Small Site Improvement Plan listed in Fayetteville Unified
Development Code 166.01 (F).
(F) Small Site Improvement Plan. A Small Site Improvement Plan review is intended for a non-residential,
mixed use, or multi -family development on a site that is less than one acre in size.
(I) Requirement. The development of the following must be processed in accordance with the
requirements for a Small Site Improvement Plan:
(a) A development that is excluded from large scale development review and requires review by
multiple City divisions;
(b) The construction of more than one single family residence on one lot within anytzoning district
other than a single-family zoning district.
EXHIBIT "D"
ADM 09-3349
Page 3 of 27
(2) Excluded developments.
(a) The construction of one single-family residence, an addition to a single-family residence, or an
accessory structure for a single-family residence shall be exempt from the site improvement plan
requirements.
(b) A development that requires review by a single City division.
(3) Modifications.
(a) Minor modifications. The Zoning and Development Administrator may authorize minor
modifications to an approved Small Site Improvement Plan. Minor modifications shall include,
but not be limited to, substitutions of one approved structural type for another or minor variations
in placement of buildings in such a way that the overall limits of approved floor area, open space
or rooms per acre are not increased.
(b) Major modifications. In the event that a developer wishes to make a major modification to an
approved Small Site Improvement Plan, such modifications shall be submitted to the Technical
Plat Review Committee, in a form which compares the approved submission with the desired
changes. After the requests made by the Technical Plat Review Committee have been satisfied,
the Zoning and Development Administrator may approve the requested modification.
166.02 Development Review Process
(A) Application Submittal
(I) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(1)) Public Meetings. Development applications are required to be processed through the Technical Plat
Review Committee, Subdivision Committee, and Planning Commission as follows:
(I) Technical Plat Review Committee. The following development applications are required to be
reviewed by the Technical Plat Review Committee: Lot Split, Small Site Improvement Plans,
Large Site Improvement Plans, Large Scale Development, Planned Zoning District, Preliminary
Plat, Final Plat, and Concurrent Plat. After the Technical Plat Review Committee meeting staff
may administratively approve Lot Splits, Final Plats, Small Site Improvement Plans, and Large
Site Improvement Plans after review for compliance with all applicable codes subject to UDC
166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by
the Subdivision Committee: Large Scale Development, Planned Zoning District with Development,
Preliminary Plat, and Concurrent Plat. From these applications, the Subdivision Committee may
approve only Large Scale Developments.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission: Preliminary Plat, Concurrent Plat, and Planned Zoning District with
Development. The Planning Commission may approve, deny, table, or approve development
applications with conditions. A Planned Zoning District cannot be approved by the Planning
EXHIBIT "D"
ADM 09-3349
Page 4 of 27
Commission, but may be forwarded to City Council.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the
Planning Division as long as the proposal meets all requirements of the Unified Development
Code: Properly Line Adjustment, Lot Split, Final Plat, Small Site Improvement Plan, and Large
Site Improvement Plan. Approval by the Planning Commission for these applications is not
required unless an appeal is filed in accordance with Ch. 156 of the UDC.
(a) Reasons for denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non -conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC, and/or
the required improvements have not been completed or guaranteed in accordance with
Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a
Small or Large Site Improvement Plan for any of the following reasons:
1. The development plan is not submitted in accordance with the requirements of this
chapter.
2. The proposed development would violate a city ordinance, a state statute, or a federal
statute.
3. The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
4. The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant
due to factor such as, but not limited to, high traffic volume, topography, or the nature of
the traffic pattern.
5. City water and sewer is not readily available to the property within the site improvement
plat area and the developer has made no provision for extending such service to the
development.
6. The developer refused to comply with ordinance requirements or condition of approval
for on -site and off -site improvements.
EXHIBIT "D"
ADM 09-3349
Page 5 of 27
(2) Subdivision Connninee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large Scale Development, Preliminary Plat and Concurrent flat.
(a) Reasons. for denial. The Subdivision Committee or Planning Commission may refuse to approve a
Large Scale Development, Preliminary Plat or Concurrent Plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For the
purpose of this section, a dangerous traffic condition shall be construed to mean a traffic
condition in which the risk of accidents involving motor vehicles is significant due to factors
such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale development,
preliminary plat, or concurrent plat and the developer has made no provision for extending
such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval for
on -site and off -site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate
governing body, the applicant shall follow the procedures set forth below in order to record the plat or
obtain construction plan approval.
(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat. The applicant shall submit
copies of the approved plats containing all required signatures to the Planning Division for final
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to
the Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
1. Street plans, profiles and specification accompanied by soil analyses and design calculations;
2. Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
3. Water and sewer plans, profiles and specifications, accompanied by design calculations, to be
reviewed and approved by City Engineering.
EXHIBIT "D"
ADM 09-3349
Page 6 of 27
4. Final site plans, landscape plans, and other plans, reports and specifications required by the
City to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits ,
(1)13efore a building permit for a Large Site Improvement Plan or Large Scale Development is issued
the developer shall:
(a) Obtain approval from the appropriate governing body.
(b)Dedication of right-of-way. Dedicate right-of-way in compliance with the City's Master Street
Plan, and in compliance with the requirements for on or off -site improvements.
(c)Dedicate all easements necessary to serve the development as required by the utility providers and
the City. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(d) On and off -site improvements. Construct or guarantee required on- and off -site improvements in
accordance with UDC chapter 158.
(e) Complete applicable conditions of approval.
(1) Comply with all applicable zoning and development codes.
(F) Completion ofDevelopment/Certificate of Occupancy. No certificate of occupancy for a Large Scale
Development, Large Site Improvement Plan, or Small Site Improvement Plan shall be issued, and no
Final Plat or Concurrent Plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off -site improvements have been completed, and maintenance
bonds/guarantees deposited to City specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-
way and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-
of-way and adjoining property lines;
(c)'['he location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences; and
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines.
(3) The development has been inspected and approved by all applicable City divisions.
(4) All applicable conditions of approval have been completed.
EXHIBIT "D"
ADM 09-3349
Page 7 of 27
166.03 Plat Requirements
(A) Original plan drawings: Plans shall be drawn in a legible manner, at a scale which best suits the size of
the property being developed or platted. All plans shall be drawn at a standard engineering scale, and
submitted in paper and/or digital form, as listed on the application.
(B) Plat information. The following information shall be submitted to the Planning Division and/or Planning
Commission for review and approval:
(1) General.
a
c-
Y
N
a
a
0.
o-1
f1
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.ct
U
Name,
address,
zoning and
property
lines of all
property
X
X
X
X
X
X
X
owners
adjacent to
the exterior
boundaries
of the
project.
Name,
address,
telephone
numbers of
owner(s),
X
X
X
X
X
X
X
developer(s)
and project
representativ
es
North arrow,
scale
(graphic and
written),
date of
preparation
X
X
X
X
X
X
X
zoning
classificatio
n, and
proposed
use.
N
cc
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0O
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U
0.
fn
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y
C-1
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U
Title block
located in
the lower
right hand
comer
indicating
the name
and type of
X
X
X
X
X
X
X
project,
scale, firm
or individual
preparing
drawing,
date and
revisions.
Provide a
complete
and accurate
X
X
X
X
X
X
X
legend
A vicinity
map of the
project with
a radius of
1.5 miles
from the
project. This
map shall
X
X
X
X
X
X
X
include any
Master
Street Plan
streets as
well as the
100 year
flood plain
EXHIBIT "D"
ADM 09-3349
Page 8 of 27
c
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m
T
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it
U
boundary.
The location
of all
existing
X
X
X
X
X
X
X
structures.
Site
x
coverage
note
indicating
the
percentage
of site that is
covered by
impervious
surface.
(2) Legal description.
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Written
legal
description
s including
area in
square feet
or acres
that read
clockwise
(Note: If
X
X
X
X
X
X
the project
is
contained
in more
than one
tract, the
legal for
each
individual
Ct
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Boundary
survey of
the
property
shown on
the plat.
The
surveyor
shall seal,
sign and
date the
survey.
Each
survey plat
shall have
X
X
X
X
X
X
X
2 points
described
in State
Plane
Coordinate
s,
Arkansas,
North,
North
American
Datum,
1983
(NAD 83
Provide a
benchmark,
clearly
defined
with an
accuracy of
1/100'.
X
X
X
X
This
benchmark
must be
tied to
EXHIBIT "D"
A DNI 09-3349
Page 9 of 27
r
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USC & GS
Datum.
Benchmark
s include
but are not
limited to
the
following:
fire
hydrant,
manhole,
etc.
Point -of -
beginning
from a
permanent
well-
defined
reference
X
X
X
X
X
X
point. This
P.O.B.
shall be
clearly
labeled on
the
drawing.
Curve data
for any
street
which
forms a
X
X
X
X
X
X
project
bounds
(3) Floodplain //loodunvs / wetlands.
Cct
R
C 6.
i
U
a=2.E
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V
O
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V
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.— u7
U
U
Show 100-
vr
floodplain
and/or
floodway
and
based flood
X
X
X
X
X
X
X
elevations.
Reference
the FIRM
panel
number and
effective
date.
Note
regarding
wetlands, if
applicable.
Note if
Anny Corps
X
X
X
s
ate
L
EXHIBIT "D"
ADNI 09-3349
Page 10 of 27
(4) Topographicin/ornunion.
,
E
Oct
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Existing
and
proposed
topographi
c
informatio
n with
source of
the
informatio
n noted.
Show:
a. Two
foot
contour
intervals
X
X
for ground
slope
between
level and
ten
percent.
b. Five
foot
contour
interval for
ground
slope
exceeding
ten
percent.
Spot
elevations
at grade
breaks
along
existing
X
X
road
centerlines
, gutter
lines and
top of
b
d r
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C
L1
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p r
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U
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a
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U
curbs or
edge of
pavement.
Contours
of adjacent
land
within 100
feet of the
X
X
project
shall also
be shown.
(5) Tree protection / landscaping.
U
A
a
O.
v
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Delineate trees
to be retained
on -site and the
measures to be
X
X
X
X
X
implemented for
their protection.
Clearly depict
the limits of soil
disturbance to
include all areas
X
X
X
X
to be graded
both on and off -
site.
Show proposed
location of all
X
X
X
X
utilities.
EXHIBIT "D"
ADM 09-3349
Page Ii of 27
G aS ro 5
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C.) E - U n C u
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. C O Q D O ro .-� O O ti vC. T� O o 0.. O
UaaQ .� ac w - V) U
Landscape structure's
proposals for locations,
parking lots types, and
and/or tree condition
replacement and note
requirements them as
shall include "existing"
proposed plant on the plat.
species and size. Existing
Existing and casements
proposed utility shall show
lines shall be the name of
shown on the X X X X the
plan. State the easement
method for holder,
irrigating the purpose of
plant material on the
the plan. When easement,
an ordinance and the
requires shrubs book and
or other page X X X X X X
screening number for
material, show the
the layout of easement. If
planting beds. an easement
is blanket or
(6)Utilities — existing. indeterminat
e in nature,
a note to
E a R this effect
c shall be
E ° v v a placed on
Oct" c E o n o R a o the plat or
a s. U a .. a U plan.
Show on the
drawing all
known on -
site and off -
site existing X X X X X X X
utilities and
easements
(dimension
d) and
provide the
EXHIBIT "D"
ADM 09-3349
Page 12 of 27
(7) Utilities — proposed.
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Show all
storm sewer
structures,
sanitary
sewer
structures
and drainage
structures:
X
X
X
X
a. Provide
structure
locations
and types
b. Provide
pipe types
and sizes
Sanitary
sewer
systems:
a. Provide
pipe
locations,
sizes, and
X
X
X
X
X
X
types
b. Manhole
locations of
rim and
invert
elevations.
Note the
occurrence
of any
previous
water,
sewer, or
storm sewer
X
X
X
overflow
problems
on -site or in
the
proximity of
the site.
hU
U
Fu
a
U
t
T
U Q
G
F
a'
U
N
C
C
U
U
r
U
If a septic
system is to
be utilized,
provide a
table of
acreage and
X
X
X
percolation
rates.
Water
systems, on
or near the
site:
a. Provide
pipe
locations,
types, and
sizes
b. Note the
static
pressure and
flow of the
nearest
hydr
X
XXX
X
X
ant if
requested.
c. Show
location of
proposed
fire hydrants
and meters.
Undergroun
d or surface
utility
transmission
lines: (Note:
XXX
X
This
category
includes, but
EXHIBIT "D"
ADM 09-3349
Page 13 of 27
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is not
limited to
Telephone,
Electrical,
Natural Gas,
and TV
Cable)
a. Locations
of all related
structures
(pedestals,
poles, etc.)
b. Locations
of all lines
(note
whether the
line is below
or above
ground)
c. A note
shall be
placed
where
streets will
be placed
under the
existing
overhead
facilities and
the
approximate
change in
grade for the
proposed
street.
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State the
width,
location,
and purpose
of all
proposed
easements
or rights of
way for
utilities,
drainage.
X
X
X
X
X
X
X
sewers,
flood
control,
ingress/egre
ss or other
public
purposes
within and
adjacent to
the project.
(8) Streets / right-of-ways / easements.
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Street right-
of-way
lines clearly
labeled.
The
drawing
shall depict
X
X
X
X
X
X
X
any future
R.O.W.
needs as
determined
by the
AHTD and
EXHIBIT "D"
ADM 09-3349
Page 14 of 27
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Master
Street Plan.
Future
R.O.W. as
well as
existing
R.O.W. and
center lines
should be
shown and
dimensione
d.
The
location,
widths,
grades, and
names of
all existing
and
proposed
streets
(avoid
using first
names of
people for
new
streets),
alleys,
paths, and
X
X
X
X
X
X
X
other
rights -of -
way,
whether
public or
private,
within and
adjacent to
the project;
private
easements
within and
adjacent to
the project;
and the
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EXHIBIT "D"
ADM 09-3349
Page 15 of 27
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A layout of
adjoining
property
(within
300') in
sufficient
detail to
show the
effect of
proposed
and
existing
streets
(including
those on the
master
street plan),
adjoining
lots, and
X
X
X
X
X
off -site
easements.
This
information
can be
obtained
from the
Master
Street Plan,
Aerial
Photos, and
the City
Plat Pages
located in
the
Planning
Office if
requested.
The
location of
all existing
and
X
X
X
X
proposed
street lights
(At every
0)
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intersection
cul-de-sac
,
& every
300and
associated
easements
to serve
each light.)
(9) Subdivision of land.
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The lot
layout, the
dimensions
of each lot,
number of
each lot,
total area in
square
footage or
acreage to
the nearest
one-
x
hundredth
(1/100th)
X
X
X
X
X
acre of each
lot, and the
approximat
e finish
grade where
pads are
proposed
for building
sites. Lots
shall be
numbered
consecutive
ly for all
EXHIBIT "D„
ADM 09-3349
Page 16 of 27
phases. The
total
number of
lots shall be
indicated on
the plat.
For phased
developmen
t, a plat
X
X
X
X
showing all
phases is
required.
(10) Site specific information.
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Provide a
note of any
known
existing
erosion
problems on-
X
X
site or within
300'
downstream
of the
property.
1'he location
of known
existing or
abandoned
water wells,
sumps,
cesspools,
springs,
X
X
X
X
X
X
water
impoundmen
ts, and
underground
structures
within the
project.
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The location
of known
existing or
proposed
ground
leases or
access
agreements,
X
X
X
X
X
X
if known.
(e.g. shared
parking lots,
drives, areas
of land that
will be
leased)
The location
of all known
potentially
dangerous
areas,
including
areas subject
to flooding,
slope
stability,
settlement,
excessive
X
X
noise,
previously
filled areas
and the
means of
mitigating
the hazards
(abatement
wall,
signage,
etc.).
The
boundaries,
acreage, and
X
X
X
X
the use of
existing and
proposed
EXHIBIT "D"
ADM 09-3349
Page 17 of 27
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public areas
in and
adjacent to
the project.
If land is to
be offered
for
dedication
for park and
recreation
purposes it
shall be
designated.
For
residential
development
indicate the
,
use and list
X
in a table the
number of
units and
bedrooms.
or non-
residential
development
indicate the
,
gross floor
area,
and if for
X
multiple
uses, the
floor area
devoted to
each type of
use.
The location
and size of
existing and
X
X
X
X
X
X
proposed
signs, if any.
The location
and number
of bike racks
x
provided and
o
is
Location,
size,
surfacing,
landscaping,
and
arrangement
of parking
and loading
areas.
Indicate
pattern of
traffic flow;
X
include a
table
showing
required,
provided,
and
handicapped
accessible
parking
spaces.
Location and
width of
curb cuts
and
driveways.
Dimension
all
driveways
x
and curb
cuts from
side property
line and
surrounding
intersections.
Location of
buffer strips,
fences or
screen walls,
X
X
X
where
required
EXHIBIT "D"
ADM 09-3349
Page 18 of 27
,
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(check
Unified
Developmen
t Code for
specific
requirements
Indicate
location and
type of
garbage
service.
X
x
Dimension
turnaround
area at
dumpster
location.
A
description
of
commonly
X
X
x
held areas, if
applicable.
A written
description
of requested
waivers or
X
X
X
X
X
X
variances
from any
city
requirement.
Show
required
building
setbacks.
Provide a
note on the
plat of the
X
X
X
X
X
X
X
current
setback
requirements
for the
subdivision.
N
R
uE
S
Preliminary
grading and
drainage plan
and reports as
required in th
X
X
X
City
Engineer's
Office.
(/1) Other requirements.
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Any other
data or
reports as
deemed
necessary
for project
review by
the Zoning
and
X
X
X
X
X
X
X
Developmen
t
Administrat
or, City
Engineer or
Planning
Commission
Signature
block to
certify
approval of
X
X
streets,
drainage
and utility
easements.
Signature
X
X
EXHIBIT "D"
ADM 09-3349
Page 19 of 27
block to
certify
approval of
water and
sewer
system.
Signature
block to
certify
approval of
X
X
building
setback
dimensions.
Signature
block
certifying
X
X
X
X
approval for
recording.
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Signature
block
certifying
approval
of park
X
X
land
dedication
or money
in lieu.
Signature
block
certifying
approval
X
X
of utility
easements
Signature
block
certifying
ownership
X
X
X
title and
,
dedication
Signature
block
certifying
X
X
X
survey
and
accuracy.
(12) Easement plat.
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Prior to the
issuance of
a building
permit for a
large scale
developmen
t, site
improveme
nt plan or
planned
zoning
district an
easement
x
plat shall be
filed of
record in
the office of
the circuit
clerk
dedicating
all required
easements
and rights -
of -way.
*All plats should meet or exceed the most
current State ofArkansas Standards ofPractice
for Property Boundary Surveys and Plats.
**SIP = Large or Small Site Improvement Plan
***PZD = Planned Zoning District
EXHIBIT "D"
ADM 09-3349
Page 20 of 27
(C) Signatures required.
The final plat
or concurrent plat
may be signed
by any officer of the
Planning
Commission.
(D) Nurnber ofplats. The Planning Division may require additional copies of plats if the amount required by
this chapter is not sufficient for distribution to the various committee members.
(Code 1965, App. C., Art. 11, §§ F --H; Ord. No. 2581, 12-4-79; Code 1991, §§ 159.16--159.18; Ord. No.
4100, § 2 (Ex. A), 6-16-98)
166.04 Required Infrastructure Improvements — Development in City Limits
(A) Generally. Required of developer.
(1) On and off -site improvements. On -site improvements are adjacent to or within a project site; such as
widening the street along the project street frontage, constructing interior streets and utilities, etc. Off -
site improvements are not adjacent to a project; such as the extension of an off -site sewer line to the
property boundary, off -site storm drainage improvements, oran off -site intersection improvement, etc.
(2) Standards applicable. Any required on or off -site improvements in the city and within one mile of the
city limits shall be installed according to the city's standards; provided on or off -site improvements to
roads located outside one mile of the city limits shall be installed to the county's standards. The
developer shall be required to bear that portion of the cost of off -site improvements which bears a
rational nexus to the needs created by the development.
(3) Required Infrastructure Improvements. On and off -site improvements that are roughly proportional
and bear a rational nexus to the impact of the development are required for all development within the
City of Fayetteville. The developer shall be required to install on and off -site improvements where the
need for such improvements is created in whole or in part by the proposed development.
(4) Planning Commission and Planning Division. At the time the Planning Commission or Planning
Division (where applicable for administrative approval) grants development approval, the Planning
Commission or Planning Division shall determine whether the proposed development creates a need
for off -site improvements and the portion of the cost of any needed off -site improvements which the
developer shall be required to bear; provided, that portion of the cost of off -site improvements to roads
located outside the city's corporate limits but within the city's planning area shall be determined by the
county. In determining that portion of the cost of off -site improvements which the developer shall be
required to bear, the Planning Commission or Planning Division (where applicable for administrative
approval) shall consider the acreage within the proposed development as a percentage of all the
acreage which, when fully developed, will benefit from the off -site improvements; provided, the
Planning Commission or Planning Division may use a different method of measurement if it
determines that use of the acreage standard will not result in the developer bearing that portion of the
cost which bears a rational nexus to the needs created by the development.
(5) Determining necessity for off -site improvements.
(a) When a proposed development has access to paved streets or roads only by way of substandard or
unimproved roads or streets leading from the development to the paved streets or roads, the
EXHIBIT "D"
ADM 09-3349
Page 21 of27
developer shall be responsible for contributing this proportionate share of the cost of improving
the substandard access roads or streets to existing city or county standards. The developer's
proportionate share of said costs shall be determined by the Planning Commission or Planning
Division (where applicable for administrative approval) in accordance with the provisions of
166.04 (A) above.
(b) When a proposed development has direct access to, or fronts on an existing road or street, which is
below current standards, the developer shall be responsible for contributing his/her proportionate
share of the cost of improving said street or road to existing city or county standards. The
Planning Commission or Planning Division (where applicable for administrative approval) shall
determine the developer's proportionate share of said costs in accordance with the provisions of
166.04 (A) above.
(c) Oft -site drainage improvements shall be required whenever a proposed development causes the
need for such improvements.
(6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on -
site or off -site improvement shall be delayed or payment -in -lieu contributed instead in accordance with
Chapter 158 of the UDC. Cross rcference(s)--Bonds and Guarantees, Ch. 158.
(7) Variances. A variance of off -site improvements may be granted in accordance with Chapter 156
Variances.
(8) State highways. The developer shall be required to dedicate sufficient right-of-way to bring those state
highways which the Master Street Plan shows to abut or intersect the proposed subdivision into
conformance with the right-of-way requirements of the Master Street Plan. The developer shall be
required to install a sidewalk adjacent to that portion of a state highway abutting the proposed
development; and provided that the Planning Commission or Engineering Division (where applicable
for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon
application by the developer and a determination by the Planning Commission or Engineering
Division (where applicable for administrative approval) that the topography of the proposed
development where it abuts a state highway is such that installation of a sidewalk is not practical. Any
other improvements required of the developer by the Planning Commission or Engineering Division
(where applicable for administrative approval) shall be coordinated with the Arkansas Highway and
Transportation Department.
(B) Minimum improvements by application type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(1) Property Line Adjustment. No improvements are required unless the action would create or exacerbate
a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street
frontage. In such as case the property line adjustment may not be filed of record until the required
infrastructure is first constructed to City specifications, or a variance or waiver is granted by the
Planning Commission.
(2) Lot Split.
(a) Dedication of right-of-way. Sufficient right-of-way dedication, to bring those streets which the
Master Street Plan shows to abut or intersect the property into conformance with the right-of-way
requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or
EXHIBIT "D"
ADM 09-3349
Page 22 of 27
Planning Commission may recommend a lesser dedication in the event of undue hardship or
practical difficulties. Such lesser dedication shall be subject to approval by the City Council.
(i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have
been previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such
streets and alleys dedicated by developers/owners to the city which have been approved by the
Fayetteville Planning Commission/Subdivision Committee.
(b) Monuments anti lot stakes. The surveyor shall cause, preserve, and/or replace monuments 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.
(c) Water, sewer, or street frontage. Any lot that is created shall have adequate street frontage or
street access that meets the minimum requirements of the zoning code, and access to public water
and sewer as required by city and state code. If a lot split would create or exacerbate a
nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or
street access), the lot split may not be filed of record until the required easement is dedicated
and/or the infrastructure is first constructed to City specifications, or a variance or waiver is
granted by the Planning Commission.
(d) Parkland dedication. Parks fees shall be assessed for each new residential unit that is constructed
on the additional lot(s) in accordance with the parkland dedication requirements outlined in
Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a
building permit for construction on the new lot.
(3) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement
Plan.
(a) Dedication of right-of-way.
(i) On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan
shows to abut or intersect the property and new streets proposed interior to the property, into
conformance with the right-of-way requirements of the Master Street Plan for said streets,
shall be approved by the Planning Commission or Subdivision Committee; provided, the
Planning Commission or Subdivision Committee may recommend a lesser dedication in the
event of undue hardship or practical difficulties. Such lesser dedication shall be subject to
approval by the City Council.
I. Exemption. Small Site Improvement Plan applications are exempt from this requirement.
(ii) Off -site. Off -site right-of-way dedication may be required as needed to construct off -site street
improvements that are required based on the rough proportionality and rational nexus of the
impacts of the project.
(iii) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have
been previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such
streets and alleys dedicated by developers/owners to the city which have been approved by the
Fayetteville Planning Commission/Subdivision Committee.
EXHIBIT "D"
ADM 09-3349
Page 23 of 27
(b) Momm,ents and lot stakes. The surveyor shall cause, preserve, and/or replace monuments and/or
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.
(c) Streets.
(i) On -site. Widening the street adjacent to the project frontage and construction of all interior
streets to meet Master Street Plan standards. Street grading, base, and paving according to
existing city standards and specifications as adopted by the City Council.
(ii) Off -site. Street widening and/or new street construction off -site may be required to address
traffic impacts based on the rough proportion and rational nexus of the impacts of the project.
Street grading, base, and paving according to existing city standards and specifications as
adopted by the City Council.
(d) Curbs and gutters.
(i) On -site. Curbs and gutters adjacent to the project frontage according to existing city standards
and specifications as adopted by the City Council.
(ii) Off -site. Curbs and gutters off -site maybe required to address drainage and/or traffic impacts
based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters
according to existing city standards and specifications as adopted by the City Council.
(e) Traffic signals. As determined to be needed based on the rough proportionality and rational nexus
of the impacts of the development.
(f) Sidewalks.
(i) On -site. Sidewalks shall be installed along the property street frontage and along new interior
streets according to existing city standards and the Master Street Plan as adopted by the city
Council.
(ii) Off -site. Sidewalks may be required to be installed off -site based on the rough proportionality
and rational nexus of the impacts of the development.
(g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning
Division) shall be installed at each intersection or cul-de-sac and along one side of each street or
cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be
required at intersections with collector streets or arterial streets. Developer are encouraged to
utilize high -efficiency (LED or similar) streetlights where possible).
(h) Grading and storm drainage system.
(i) The developer shall install storm drainage facilities, including drains, sewers, catch basins,
and culverts necessary for the proper drainage of all surface water.
(ii) All drainage facilities shall be so designed to serve the entire drainage area.
EXHIBIT "D"
ADM 09-3349
Page 24 of 27
(iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or
natural drainage ditches approved by the City Engineer.
(iv) The City Engineer shall approve all drainage features.
(i) Culverts and bridges. Culverts and bridges shall be installed where needed in accordance with
existing Arkansas State Highway Department standards and specifications.
(i) Water supply.
(i) Accessible public mater supply. When an approved public water supply is reasonably
accessible, the developer shall install a system of water mains and shall connect to such
supply so that each lot within the subdivision or development shall be provided with a
connection to said public water supply. All connections shall be approved by the City
Engineer. Individual service lines shall be installed, and individual connections shall be made
prior to the paving of the street, if possible.
(ii) Nonaccessible public watersupply. Where an approved public water supply is not reasonably
accessible, any private water supply system proposed by the developer must be approved by
the county sanitarian and the City Engineer in order to assure that the private water supply
system will provide an adequate supply of potable water to every lot in the subdivision or
development. Individual service lines shall be installed, and individual connections shall be
made prior to the paving of the street, if possible.
(iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so
that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is
more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial
structures, and industrial structures shall be installed so that the distance between two
consecutive fire hydrants does not exceed 600 feet; provided, the fire chief shall have the
authority to require additional fire hydrants upon a determination that such additional fire
hydrants are necessary to provide adequate fire protection. The fire chief shall develop
written criteria to be applied in determining whether additional fire hydrants shall be required.
(j) Sanitary sewer system.
(i) Public sanitary sewer accessible. Where a public sanitary sewer is reasonably accessible, the
developer shall connect with such sewer, and each lot within the subdivision or development
shall be provided with a connection thereto. All connections shall be subject to the approval
of the City Engineer. Individual service lines shall be installed, and individual connections
shall be made prior to the paving of the street if possible.
(ii) Public sanitary sewer not accessible. Where a subdivision, lot split, or other development is
proposed to utilize either individual septic systems or an onsite wastewater treatment system
the following is required:
Lot splits resulting in lots less than 1.5 acres. Prior to the City stamping the lot split
document for approval, a letter from the Arkansas Department of Health is required
verifying approval of soil tests and that the property could be developed with a septic
system.
EXHIBIT "D"
ADM 09-3349
Page 25 of 27
2. Prior to the City signing a final or concurrent plat a letter from the Arkansas Department
of Health is required indicating approval of the overall plan for the utilization of either
onsite wastewater systems or individual septic permits.
Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields
required by state law and water wells on -site or off -site within 100 feet shall be shown on
all proposed subdivisions, lot splits, and development plans.
3. Cormnunity sewage systems. The construction of community sewage systems or
decentralized sewer systems shall be prohibited within the City unless expressly permitted
by resolution of the City Council.
4. Annexation of community sewage systems. Where a community sewage system is
annexed into the City, then the following shall apply:
a. Unconstr acted systems. The wastewater system shall be designed such that the entire
collection system is a traditional -style gravity sewer system that carries all wastewater
flow to centralized treatment facilities and shall meet City standards for design
construction. The system must also be designed such that there is one single point of
connection from which a future gravity connection can be made to the City sanitary
sewer system when the latter becomes available. This connection shall be made at the
expense of the owner of the decentralized wastewater system.
b. Constructed systems. Systems constructed prior to annexation into the City must tie
to the City sanitary sewer system when a City sanitary sewer main is constructed
within 300 feet of the community sewage system and such main is reasonably
available to the community sewage system. This connection shall be made at the
expense of the owner of the decentralized wastewater system.
State law reference(s)--"Arkansas Sewage Disposal Systems Act," A.C.A. § 14-236-101 et seq.
(k) Trail linkages/corridor/easements. The developer may be required to construct a trail linkage or
corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that
abut, intersect, or traverse the project site, if it is determined that the improvements beara rational
nexus and rough proportionality to the needs created by the development.
(1) Parkland dedication.
(i) Applicability. The requirements of this subsection shall apply to residential lot splits,
subdivisions, Large Scale Developments, Planned Zoning Districts and Large Site
Improvement Plans; provided, said requirements shall not apply to a Lot Split or subdivision
which does not create one or more vacant lots on which a structure could be erected under the
city's zoning regulations.
(ii) Residential development.
1. Dedication orfee-in-lieu. When a proposed residential development does not provide an
area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the
developer shall be required to make a reasonable dedication of land for public park
facilities, or to make a reasonable equivalent contribution in lieu of dedication of land,
EXHIBIT "D"
ADM 09-3349
Page 26 of 27
such contribution to be used for the acquisition and development of park land that serves
the subdivision or development.
2. Parks and Recreation Advisory Board. Prior to the submittal of a Preliminary Plat, Large
Scale Development plan. or Large Site Improvement Plan the developer shall submit to
the Parks and Recreation Advisory Board a concept plat or plan.
3. Planning Commission. The developer and the Parks and Recreation Advisory Board
shall make a joint recommendation to the Planning Commission as to the land dedication
or contribution in lieu of dedication. In the event that they are unable to agree, the
developer and advisory board shall make separate recommendations to the Planning
Commission who shall determine the issue.
4. Decision. If the developer proposes to dedicate land for a public park after consultation
with the Parks and Recreation Advisory Board which the Planning Commission
determines is suitable for park purposes, the proposed dedication shall be accepted. Upon
consent and consultation with the developer and the Parks and Recreation Advisory
Board, a developer may dedicate a portion of the required park land dedication and make
a contribution of money in lieu of land dedication for the remaining park land dedication
requirement. With consent of the Parks and Recreation Advisory Board, this monetary
contribution may be used to develop the park land in the development or elsewhere
within the quadrant consistent with the Fayetteville Parks and Recreation Plan.
5. Approval. The Planning Commission's decision must be incorporated into the developers
Preliminary Plat, Large Scale Development, or Large Site Improvement Plan prior to plat
or plan approval.
6. Dedication ratios. Land shall be dedicated at a ratio of .024 acre of land for each single-
family dwelling unit and .017 acre of land for each multi -family dwelling unit.
7. Fee -in -lieu formulas. A contribution in lieu of land dedication shall be made according
to the following formula:
$960.00 for each single-family unit
$680.00 for each multi -family unit based upon actual density.
The Parks Department shall review the contribution formula every two (2) years and
make recommendations to the City Council following such review.
8. Dedication in excess. If a developer wishes to dedicate park land which exceeds the
requirement of this subsection, the developer shall make a written request to the Planning
Commission who may grant the developer a credit equivalent to said excess. Said credit
shall be applied toward the developer's obligation under this subsection for any
subsequent development located in the same park quadrant.
(iii) Timing of dedication and/or contribution. All dedications of land must be made before the
city signs the final plat, or issuance of building permits for a Large Scale Development or
Large Site Improvement Plan. A Final Plat shall not be released for recordation until the deed
for a land dedication is received. Deeded land is dedicated public park land and not subject to
any right of reversion or refund. A cash contribution in lieu of required land development shall
EXHIBIT "D"
ADM 09-3349
Page 27 of 27
be payable before the city signing the Final Plat. or issuance of building permits for a Large
Scale Development or Large Site Improvement Plan. With the approval of the Planning
Commission a developer may pay such contribution in three equal installments to be paid in
full within one year of Final Plat approval. If a developer makes a cash contribution in lieu of
land dedication, the developer shall be entitled to a pro rata refund, together with the accrued
interest therefrom, in the event actual density is less than the density used as the basis for the
developer's contribution: provided, no refund shall be made unless application therefore is
made in writing to the Zoning and Development Administrator within one year from the date
of Final Plat approval. In the event actual density is more than the density used as the basis for
a dedication of land or case contribution the developer must make an additional land
dedication or contribution in lieu of dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shalt not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -lieu allocation. All money received under this subsection shall be deposited in an
interest bearing account. Said money together with the interest, shall be expended within three
calendar years of the last date of the calendar year in which it was received for the acquisition
and development of park land that services the subdivision for which a contribution in lieu of
dedication has been made. If said money has not been expended within the three-year period,
said money, together with the interest thereon, shall be refunded to the developer who made
the contribution.
(C) Other in/rastnicture improvements. Other infrastructure improvements maybe required where the need for
such improvements is created in whole or in part by the proposed development as determined by the City
Engineer.
166.05 Required Infrastructure Improvements — Development in Planning Area
(A) Required Infrastructure Improvements Outside the City.
(1) Within One Mile of City Limits. On and off -site improvements for development outside the City Limits
and within one mile of the City are the same as for those developments within the City Limits as
specified in UDC 166.04, with the exception of the park land dedication requirement, which is not
required.
(2) Beyond One Mile of City Limits. On and off -site improvements for development outside one mile of
the City limits shall meet Washington County standards.
•
ayeIe\tllle PC Meeting of November 9, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE Fayetteville, AR 72701
Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: November Updated November 12 2009
ADM 09-3449: (DEVELOPMENT REVIEW UDC AMENDMENTS): Submitted by City
Planning Staff. The request is to amend several chapters of the Unified Development Code
(UDC) to clarify the City's review process and required public infrastructure improvements for
development. These UDC changes would also establish the approval, appeal, and public review
process for development that may be approved administratively. Planner: Andrew Gamer
BACKGROUND AND PROPOSAL
October 26, 2009 Planning Commission. This item was discussed at the October 26, 2009
Planning Commission meeting where staff gave an overall presentation of the proposal. During
the meeting the Planning Commission conducted a detailed review and discussion of the new
proposed Unified Development Code (UDC) Chapter 166.01-166.03. After the meeting staff
attempted to incorporate the changes recommended by the Planning Commission into the
proposed code, attached to this report.
Development Review Process. City Planning Staff has noted that certain sections of the UDC are
confusing and inconsistent regarding the review process and public infrastructure requirements
for development. In an effort to provide consistency and predictability in the development review
process staff proposes substantial changes and re -organization of the UDC, mainly Chapter 166
Development. These changes are intended to more clearly indicate the process for getting various
development types approved, and the required public infrastructure for each type of development
application.
Administrative Approval. Staff proposes to define the approval, appeal, and public review
process for development that may be approved administratively. These changes are in
anticipation of new commercial and form -based zoning codes that would permit certain types of
large developments to be approved administratively. Staff also proposes to permit additional
applications to be approved administratively, such as lot splits and final plats, when all UDC
requirements are met. The latter proposal is an attempt to reduce the time and cost for applicants
and the city in notifying, publishing agendas, staff reports, etc. for development items that meet
code and are required to be approved by law.
Overall Proposal. The proposal is to amend several chapters of the UDC regarding the
development review process, required infrastructure improvements, and administrative approval
as summarized below and attached in full to this staff report:
UDC Subject Proposed Changes
151 Definitions Changed wording on Large Scale Development.
153.08 Enforcement Changed reference to chapter numbering.
155.06 Appeals Establish a process for applicants and the public to appeal a decision
regarding administrative approval to the Planning Commission.
156.02; Variances Moved parking and bicycle rack variances from zoning to development,
156.03 hereby placing these variances under the purview of the Planning
Commission rather than the Board of Adjustment. Changed UDC reference
to parkland dedication to reflect the new UDC chapter numbers.
157.02; Notification Add notification requirements for large projects that will be able to be
157.11 approved administratively after the adoption of new commercial and form -
based zoning districts; eliminated notification requirements for smaller items
such as lots splits that will now be able to be approved administratively.
158.01; Bonds and Added requirements that large projects that will be able to be approved
158.05; Guarantees administratively will be required to bond or guarantee public improvements.
158.06
159.01 Fees Changed reference to chapter numbering.
164.13 Supplementary Changed reference to chapter numbering.
District
Regulations
166.01- Development Clarified different development categories; explained the development
166.07 review process from submittal to completion; listed what projects require
Subdivision/Planning Commission approval and those that may be
approved administratively; combined public infrastructure requirements
from different sections into one section of the UDC for clarity and to
eliminate redundancy and confusion.
171.03 Streets and Removed discussion on street improvements that is now
Sidewalks ch. 166; re -numbered the remaining subsections.
172.09; Parking Changed reference to chapter numbering.
172.11
The ordinance amendments are shown in highlight, strikeout, underline, and are attached to the
staff report. In addition a clean proposed draft of UDC chapter 166.01-166.05 is attached to this
RECOMMENDATION
Staff recommends the following for the November 9, 2009 Planning Commission meeting:
(1) Prior to the meeting, review the Planning Commission changes to 166.01-166.03.
(2) During the meeting finish review and discussion of Chapter 166.04-166.05; 156; 157.
(3) The other remaining sections of the code are mainly administrative or clarification
and probably do not warrant a detailed discussion, unless specific concerns or issues
are noted by Planning Commissioners.
(4) If there are no major changes, forward this item to Ordinance Review
Committee/City Council with a recommendation for approval.
Staff recommends forwarding ADM 09-3349 to the City Council with a recommendation for
approval.
Planning Commission Action: X Forwarded ❑ Denied O Tabled
Motion: Myres
Second: Winston
Vote: 6-0-0
Meeting Date: November 9, 2009
Comments: Forwarded with recommendation for approval.
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
TITLE XV UNIFIED TITLE XV UNIFIED II
DEVELOPMENT CODE DEVELOPMENT CODE
CHAPTER 151: DEFINITIONS CHAPTER 153: ENFORCEMENT
153.08 Miscellaneous Remedies
L
Lamp or Bulb (Outdoor Lighting) means the light
producing source installed in the socket portion of a
luminaire.
Land disturbance. (Tree Preservation and
Protection) Clearing, scraping, grubbing, or otherwise
removing or destroying the vegetation of a site, or
adding, removing, exposing, excavating, leveling
grading, digging, tunneling, trenching, burrowing,
dumping, piling, dredging or application of toxic
substance, storage of materials, and operation of
equipment, or otherwise significantly disturbing the
soil, mud, sand, or rock of a site.
Landscape administrator. (Tree Preservation
and Protection) The person who is responsible for the
administration of Tree Preservation and Protection,
Chapter 167 and Landscape Regulations, Chapter
177. Also known as Urban Forester.
Landscape establishment guarantee. (Tree
Preservation and Protection) A bond, irrevocable
letter of credit, or other surety held by the city until the
satisfactory conclusion of the three year landscape
establishment period.
Landscape fabric. (Physical Alteration of Land) A
barrier against soil erosion, allowing water to pass
through while keeping soil in place.
Landscaping. (Zoning) The area within the
boundaries of a given lot which consists of planting
materials, including but not limited to trees, shrubs,
ground covers, grass, flowers, decorative rock, bark,
mulch, and other similar materials.
Large-scale development. (Development) The
development of a lot or parcel Iargor than one acre gt
greater in size. The term development shall include,
but shall not be limited to, the construction of a new
improvement, the construction of an addition to an
existing improvement, or a parceling which results in
the need for access and utilities.
(D) Subdivision regulations. In order to carry out the
purposes of these regulations and to assure an
orderly program of development after the
effective date of these regulations:
(1) Plat not accepted for filing. No plat of any
tract of land within the planning area
jurisdiction of the Planning Commission shall
be accepted by the County Recorder for
filing unless the plat has been approved by
the Planning Commission.
(2) No metes and bounds conveyance. No
conveyance by metes and bounds of tracts coming
under the definition of subdivision without compliance
with the applicable provisions of §166:94; or
amendments thereto, shall be permitted. This
provision is aimed at preventing any attempt to
circumvent these regulations by conveying by metes
and bounds without taking the necessary steps for
filing an approved plat
TITLE XV UNIFIED 1
DEVELOPMENT CODE
CHAPTER 155: APPEALS
155.04 Alderman Appeal On Behalf Of
Resident
An alderman may bring an appeal on behalf of any
resident of the city a decision by the i Planning
Commission to approve or deny the requests on
as
set forth below.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.06 Appeals From Staff
Interpretations/Actions
(C) Appeals to the Planning Commission.
(11 Required dedications and improvements.
(a)(1) --An owner or developer who is
aggrieved by the requirements of the
Unified Development Code for land,
right-of-way or easement dedications,
construction of on -site or off -site
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
improvements, or payments in lieu of
any dedication or improvement, which
are in excess of the "rough
proportionality" of the impact of the
development upon the city's
infrastructure or services may appeal
such requirement to the Planning
Commission as a part of the submission
of the preliminary plat, large scale
development, subdivision, building
permit, lot split, development permit, or
otherwise within 10 days of notification
of such development requirements. The
appeal must be presented to the
Planning Division in writing and state the
grounds, or reasons for the appeal.
(b) (2) The Planning Commission shall
determine after public hearing whether
the required dedications and
improvements meet the "rough
proportionality" of the impact of the
development on city infrastructure and
services. If the requirements are in
excess of the "rough proportionality," the
Planning Commission is empowered to
modify or reduce such requirements to
achieve "rough proportionality."
(2) Administrative Approvals,
(a) A resident of the city or an
owner/developer who is aggrieved by a
decision of the Zoning and Development
Administrator regarding development
matters that are approved
administratively, as required by Chapter
166.02 (C) may aooeal the decision to
the Planning Commission. The appeal
shall be submitted in writing to the
Planning Division within 10 days of the
final decision. The appeal shall be
limited to the applicable approval or
denial criteria as follows:
(i) The development plan is not
submitted in accordance with
the requirements of Chapter
166 of the Fayetteville Unified
Development Code.
(ii) The proposed development
would violate a city ordinance.
a state statute, or a federal
statute.
(iii) The developer refuses to
dedicate the street right-of-
way, utility easements or
drainage easements required
by Chapter 166 of the
Fayetteville Unified
Development Code.
(iv)
(y)
the traffic pattern.
(vi)
The
developer refused to
comply
with UDC ! Ch. 166
pertaining to required on -site
and off
-site improvements.
(b) The appellant
must include in`the letter
of appeal
the specific
code section with
which
the development
application does
not comply.
(c) The
Planning
Commission shall
determine
after
public hearing whether
the
interoretation
or discretionary
decision should
be upheld or Modified in
part or in whole.
TITLE XV UNIFIEDP
DEVELOPMENT CODE
CHAPTER 156: VARIANCES
156.02 Zoning Regulations
. .
(B) Consideration by the Planning Commission.
Applications for variances of zonIng and
development the following shall be considered by
the Planning Commission.
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
proposed development and be consistent
with the Fayetteville Parks Plan.
(2) Contributions of services, facilities, etc. If
the developer proposes to contribute
services, facilities, or equipment in lieu of a
cash contribution, such a contribution shall
not be accepted by the city unless the Parks
and Recreation Advisory Board has been
consulted and provides a recommendation
as to the appropriateness and safety of such
contribution.
(C) Consideration by the Planning Commission.
(1) Design standards.
(a) Undue hardship. If the provisions of
these standards are shown by the
developer to cause undue hardship as
they apply to his proposed development,
the city Planning Commission may grant
a variance to the developer from such
provisions, so that substantial justice
may be done and the public interest
secured; provided that the variation will
not have the effect of nullifying the intent
and purpose of development
regulations.
(b) Conditions. In granting variances, the
Planning Commission may impose such
conditions as will, in its judgment,
secure substantially the objective of the
standards or requirements so varied.
(2) Required off -site improvements.
Grounds. A developer may petition the
Planning Commission for a variance of off -
site improvement requirements in whole or in
part on one or more of the following grounds:
(a) No city plans. The city has no plans for
upgrading the substandard street or
road on which off -site improvements are
proposed to be required by the
developer.
(b) Unfair imposition. The proposed
development has primary access to
improved streets or roads and the
portion of the development which fronts
on a substandard street or road is so
small or remote from anticipated future
traffic patterns as to cause an unfair
imposition on the development.
(c) Alternate offsite improvements. The
developer proposes alternative off -site
improvements which will protect the
health, safety, and welfare of persons
residing in the proposed development
and the surrounding area and equally
benefit said persons.
(d) Improved streets or roads. The
developer does not propose access to
the proposed development from an
existing substandard street or road, and
proposes to provide access by streets or
roads improved to current city or county
standards.
(3) Buffer strips and screening.
(a) Screening. The Planning Commission
shall have the authority to grant a variance
from the screening requirements prescribed
by §46630 166.
(4) Parking variances.
a) Number of spaces. The,l Plannin
Commission shall have the authority to
vary the number of off-street barking
spaces required in the Downtown Core.
Main Street Center and Downtown
General Districts
(b) Findings. The Planning Commission
shall make findings indicating:
(i) Parking generated. That the
proposed use will not generate as
much parking as required "under the
existing standard.
(ii) Shared parking. That shared
parking facilities are available: or
(iii) On -street parking. That. on -street
parking can satisfy intermittent and
occasional demands.
(c) Conditions. All waivers shall meet the
conditions listed below:
(ii Downtown
Core. Main
Street
Center.
and
Downtown
General
Districts.
Conditions
for waivers
in
Downtown
Core. Main
Street
Center.
and
Downtown t
General
Districts:
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
a. In lieu fee. An in lieu fee of
$1,200.00 for each on -site
parking space shall be paid to
the city. This money shall be
held in an interest bearing
account and shall be expended
for public parking facilities
within the district it is collected
within 10 years from the date it
is collected. If said money has
not been so expended within
10 years of the date collected.
said money, together with the
interest thereon, shall be
refunded to the person or entity
who made the contribution; or
b. Shared parking. For any
parking space which is
proposed to be shared under
the provision of 6172.05(C).
The applicant must present a
signed agreement with the
owner of the property. The
agreement shall address the
number of spaces required for
both properties, the number of
spaces available together with
a site plan, and any other
pertinent information, such as
restrictions on sharing for
certain days or hours.
(5) Tree preservation plan. ... .
(6) Flood Damage Prevention Code. ... .
(7) Outdoor Lighting Plan.... .
(81 Bicycle rack variance. The Planning
Commission may modify the design
standards or the requirement for a bicycle
rack.
(Ord. 4714, 6-21-05; Ord. 4930, 10-3-06)
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
TITLE XV UNIFIED
DEVELOPMENT CODE
CHAPTER 157: NOTIFICATION
AND PUBLIC HEARINGS (D)
157.02 Development
Notification of public hearings for development
applications shall occur as follows:
(A) Public hearing required. A public hearing shall
be held at the meeting of the Subdivision
Committee and/or Planning Commission, in
accordance with the Unified Development Code
the established bylaws of the Planning
Commission.
(B) Applicability: Development applications include,
for the purpose of notification, lot —splits
preliminary plats, final plato, concurrent plats, and
large scale developments. If an application dooc
not roquiro a public hooting, notification io not
157.11 Large Site Improvement Plan
Notification of review for Large Site Improvement Plan
application shall occur as follows:
(A) Public hearing. A public hearing shall not be
required.
(B) Applicability: Notification is required for a Lame
Site Improvement Plan.
(C) Notice of Large Site Improvement Plan. The
applicant shall provide the following notice:
(1) Who gets notice. Notice of the proposed
development shall be given to all adjacent
landowners.
(2) Methods of notice. Notice shall be provided
by the following methods, as required by this
chapter:
(a) Written notice.
Written notice
shall
be
provided
no later than the
date
of
Technical
Plat
Review Committee
at
which the
item
is considered.
Proof
of
notice shall
be
provided as reouired
by
this chapter.
(E)
Technical Plat Review Committee at
which the item is considered. Proof of
notice shall be provided as required by
this chapter.
comment.
157.12-157.99 Reserved
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
member of the Federal Deposit
• TITLE XV UNIFIED Insurance Corporation.
}DEVELOPMENTjCODE
CHAPTER 158: BONDS AND 158.05 Off -Site Improvements/Delays
GUARANTEES (A) Proportionate share. If the Planning Commission
158.01 Guarantees In Lieu Of Installed
Improvements
(A) Subdivisions. The Planning Commission may
approve a subdivision final plat prior to the
installation of the final pavement, sidewalks, tree
replacements, or landscaping if all other required
improvements have been substantially completed
as determined by the City Engineer after the final
inspection, provided the developer deposits with
the city, or provides the following in an amount
equal to 150% of the estimated cost of the
uncompleted improvements as determined by the
City Engineer:
(1) Currency. U.S. currency;
(2) Bond. A performance/surety bond; or
(3) Letter of credit. An irrevocable letter of credit
from a bank, or banking institution doing
business in this state which is a member of
the Federal Deposit Insurance Corporation.
(4) Sidewalks. Sidewalks may be guaranteed
pursuant to §16� O� 166.04.
(B) Large Scale Qevelopments and Large Site
Improvement Plans. The Planning Commission
may approve an office, residential, commercial,
or industrial large Scale Development plan and
the Planning Division may administratively
approve a Lame Site Improvement Plan prior to
the installation of the required improvements;
however, no building permits may be issued until
one of the following has occurred:
(1) Complete. All of the required improvements
have been completed; or
(2) Deposit. The developer deposits with the
city or provides the following in an amount
equal to 150% of the estimated cost of the
uncompleted improvements as determined
by the City Engineer.
(a) Currency. U.S. currency;
(b) Bond. A performance/surety bond; or
(c) Letter of credit. An irrevocable letter of
credit from a bank, or banking institution
doing business in this state which is a
determines that a needed off -site improvement
cannot be built until future development occurs,
the developer shall pay to the city an amount
determined by the Planning Commission, in
accordance with the standards prescribed in
§466.97166.04, to be the developer's
proportionate share of the cost of said off -site
improvements as of the date of final plat or large
scale development approval.
TITLE XV UNIFIED
DEVELOPMENT CODE
CHAPTER 164: H
SUPPLEMENTARY ZONING
REGULATIONS
164.13 Non Residential Uses In R
Districts
The following requirements apply to charitable,
cultural, educational, recreational, health, institutional,
religious, social, and similar nonresidential facilities
where permitted in or abutting an R District. The
Planning Commission may reduce these
requirements after receiving and reviewing a
development plan under the provisions of §66.05 or
§466.96 166. Separation of structures of areas for
uses listed above shall be as follows:
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
TITLE XV UNIFIED
DEVELOPMENT CODE
CHAPTER 166: DEVELOPMENT
. . ..
FOR FULL REVISIONS TO CH.
166.01-166.05, PLEASE SEE
ATTACHED.
166.08 Street Design And Access
Management Standards
(F) Access Management. Safe and adequate
vehicular, bicycle, and pedestrian access shall be
provided to all parcels. Local streets and
driveways shall not detract from the safety and
efficiency of bordering arterial routes. Property
that fronts onto two public streets shall place a
higher priority on accessing the street with the
lower functional classification, ex. Local and
Collector.
(1) Curb cut minimum distance from intersection
or driveway. For purposes of determining
curb cut separation, curb cut separation
distance shall be measured along the curb
line from the edge of curb cut to the edge of
curb cut/intersection. The measurement
begins at the point where the curb cut and
intersecting street create a right angle, i.e..
the intersection of lines drawn from the face -
of -curb to face -of -curb. The measurement
ends at the point along the street where the
closest curb cut or street intersection occurs:
again, measured to the point where the curb
cut or intersecting streets create a right
angle at the intersection of face -of -curb.
(a) Principal and Minor Arterial Streets.
Where a street with a lower functional
classification exists that can be
accessed, curb cuts shall access onto
those streets. When necessary, curb
cuts along arterial streets shall be
shared between two or more lots.
Where a curb cut must access the
arterial street, it shall be located a
minimum of 250 feet from ik+e seater Imp
et -an intersection or driveway.
Number of Curb Cuts Permitted
Length of Street Frontage
Maximum Number of Curb
Cuts
0-500 ft.
1
501-1000 ft.
2
1001-1500 ft.
3
More than 1500 ft.
4
(b) Collector Streets. Curb cuts shall be
located a minimum of 100 feet from the
seater Imp of an intersection or
driveway. When necessary, curb cuts
along collector streets shall be shared
between two or more lots.
Number of Curb Cuts Permitted
Length of Street Frontage
Maximum Number of Curb
Cuts
0-100 ft.
1
101-250 ft.
2
251-500 ft.
3
More than 500 ft.
4
(c) Local and Residential Streets. Curb cuts
shall be located a minimum of 50 feet
from the seatera Re of an intersection or
driveway. In no case shall a curb cut be
located within the radius return of an
adjacent curb cut or intersection. Curb
cuts shall be a minimum of fifteen (15')
feet from the adjoining property line,
unless shared.
Number of Curb Cuts Permitted
Length of Street Frontage
Maximum Number of Curb
Cuts
0-50 ft.
1
51-125 ft.
2
126-250 ft.
3
More than 250 ft.
4
ADM 09-3449 PROPOSED UDC AMENDMENTS - MARKUP VERSION
TITLE XV UNIFIED
DEVELOPMENT CODE
CHAPTER 171: STREETS AND
SIDEWALKS
- -- - . - ----- - - = --
_ ...
TITLE XV UNIFIED
DEVELOPMENT CODE
CHAPTER 172: PARKING AND
LOADING
172.09 Off -Street Loading
In all districts, accessory off-street loading berths,
open or enclosed, shall be provided in conformity with
the requirements set forth in this section and shall be
so arranged so that parking and maneuvering will be
on private property.
(A) Number of off-street loading berths. The number
of off-street loading berths required for various
uses is set forth in the table below. The Planning
Commission may reduce these requirements
after receiving and reviewing a development plan
under the provisions of § §166.05 ad 166.06
166.02.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
TITLE XV -UNIFIED D'EVELOPM,ENT CODE
CHAPTER 166. DESiPMENT;
166.01 DEVELOPMENT CATEGORIES ..........
166.02 DEVELOPMENT REVIEW PROCESS
166.03 PLAT REQUIREMENTS..................................................................................................................
166.04 REQUIRED INFRASTRUCTURE IMPROVEMENTS - DEVELOPMENT IN CITY LIMITS............
166.05 REQUIRED INFRASTRUCTURE IMPROVEMENTS - DEVELOPMENT IN PLANNING
AREA................................................................................................................................................
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
166.01 Development Categories
(A) Property Line Adjustment. A property line
adjustment is a transfer or adjustment of a
property line or lines between adjoining property
owners which does not create a separate, new
lot. A property line adjustment can not dedicate
new easements or right-of-way.
(B) Subdivision of Land.
(1) Lot Split. When a property is to be
subdivided into two, three or four lots, the
application may be processed as a lot split.
After the creation of more than four lots from
an original parent tract, any subsequent
subdivision of the parent or resulting tracts is
required to be processed as a
preliminary/final plat, or concurrent plat. A lot
split may dedicate new easements or right-
of-way, and may be combined with an
easement plat.
(2) Preliminary Plat. When a property is to be
subdivided into more than four lots, or when
a parent or resulting tract has been
subdivided three or more times and is
proposed to be further subdivided, the
application shall be processed as preliminary
plat. A preliminary plat establishes the
preliminary location of lot lines, streets, and
utility infrastructure, and allows forthe
applicant to request construction plan
approval and install required improvements.
(3) Final Plat. After completion of the required
infrastructure (water, sewer, storm drainage,
utilities, street improvements, etc.) for a
preliminary plat, the subdivider may submit
an application for approval of the final plat.
The final plat application may not be
submitted until the final inspection for the
required infrastructure has been scheduled
with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines
the preliminary and final plat into one step. A
concurrent plat is permitted when a property
is to be subdivided into more than four lots,
or when a parent or resulting tract has been
subdivided three or more times and is
proposed to be further subdivided, and the
existing and new parcels do not require
construction of new infrastructure.
(C) Concept Plan. When a developer intends to
subdivide or develop land within the City or City's
planning area boundary he/she may submit a
concept plan to obtain feedback and
recommendations from City staff and the
Planning Commission prior to submitting a fully
engineered development plan for review.
(D) Large Scale Development. A Large Scale
Development is generally intended for, but not
limited to, a non-residential, mixed use, or multi-
family development on a site of one acre or
greater in size, where subdivision of land is not
proposed.
(1) Requirement. The development of the
following must be processed in accordance
with the requirements for a large scale
development:
(a) A lot or parcel one acre or greater in
size;
(b) Facilities emitting odors or handling
explosives.
(2) Excluded developments. The following shall
be excluded from the large scale
development review process:
(a) Single-family. A single-family residence,
an addition to a single-family residence,
or an accessory structure for a single-
family residence;
(b) Additions. An addition to an existing
structure if the addition will not:
(i) Exceed 10,000 square feet; or
(ii) Require more than 25 additional
parking spaces under the provisions
of Chapter 172, Parking and
Loading; or
(iii) Require a change in existing ingress
or egress.
(c) Additional structure. An additional
structure when erected as part of an
existing development, subject to the
limitations of (D)(2) above.
(d) Prefabricated accessory buildings. A
prefabricated, movable accessory
building.
(e) A development on a lot or parcel in a
zoning district subject to administrative
approval.
(3) Modifications.
(a) Minor modifications. The Zoning and
Development Administrator may
authorize minor modifications in an
approved large scale development or
subdivision of land. Minor modifications
shall include, but not be limited to,
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
substitutions of one approved structural
type for another, minor variations in
placement of buildings in such a way that
the overall limits of approved floor area,
open space or rooms per acre are not
increased, and minor shifts in property
line locations.
(b) Major modifications. In the event that a
developer wishes to make major
modifications to an approved
development, such modifications shall be
submitted to the Subdivision Committee
or Planning Commission in a form which
compares the approved submission with
the desired changes. After submission,
the Subdivision Committee shall approve
or disapprove the requested
modifications.
(E) Large Site Improvement Plan. A Large Site
Improvement Plan review is intended for a Large
Scale Development that is located on a site within
a zoning district that permits administrative
approval. A Large Site Improvement Plan is
subject to the Requirements and Excluded
Developments for a Large Scale Development
listed in Fayetteville Unified Development Code
166.01 (D). A Large Site Improvement Plan is
subject to the Modification requirements of a Small
Site Improvement Plan listed in Fayetteville
Unified Development Code 166.01 (F).
(F) Small Site Improvement Plan. A Small Site
Improvement Plan review is intended for a non-
residential, mixed use, or multi -family development
on a site that is less than one acre in size.
(1) Requirement. The development of the
following must be processed in accordance
with the requirements for a Small Site
Improvement Plan:
(a) A development that is excluded from
large scale development review and
requires review by multiple City
divisions;
(b)The construction of more than one single
family residence on one lot within any
zoning district other than a single-family
zoning district.
(2) Excluded developments.
(a) The construction of one single-family
residence, an addition to a single-family
residence, or an accessory structure for
a single-family residence shall be
exempt from the site improvement plan
requirements.
(b) A development that requires review by a
single City division.
(3) Modifications.
(a) Minor modifications. The Zoning and
Development Administrator may
authorize minor modifications to an
approved Small Site Improvement Plan.
Minor modifications shall include, but
not be limited to, substitutions of one
approved structural type for another or
minor variations in placement of
buildings in such a way that the overall
limits of approved floor area, open
space or rooms per acre are not
increased.
(b) Major modifications. In the event that a
developer wishes to make a major
modification to an approved Small Site
Improvement Plan, such modifications
shall be submitted to the Technical Plat
Review Committee, in a form which
compares the approved submission with
the desired changes. After the requests
made by the Technical Plat Review
Committee have been satisfied, the
Zoning and Development Administrator
may approve the requested
modification.
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall
be submitted to the Planning Division and will
be processed for review in accordance with
Planning Division operating procedures.
(B) Public Meetings. Development applications are
required to be processed through the Technical
Plat Review Committee, Subdivision Committee,
and Planning Commission as follows:
(1) Technical Plat Review Committee. The
following development applications are
required to be reviewed by the Technical
Plat Review Committee: Lot Split, Small Site
Improvement Plans, Large Site Improvement
Plans, Large Scale Development, Planned
Zoning District, Preliminary Plat, Final Plat,
and Concurrent Plat. After the Technical Plat
Review Committee meeting staff may
administratively approve Lot Splits, Final
Plats, Small Site Improvement Plans, and
Large Site Improvement Plans after review
for compliance with all applicable codes
subject to UDC 166.02(C).
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(2) Subdivision Committee. The following
development applications are required to be
reviewed by the Subdivision Committee:
Large Scale Development, Planned Zoning
District with Development, Preliminary Plat,
and Concurrent Plat. From these applications,
the Subdivision Committee may approve only
Large Scale Developments.
(3) Planning Commission. The following
development applications are required to be
reviewed by the Planning Commission:
Preliminary Plat, Concurrent Plat, and
Planned Zoning District with Development.
The Planning Commission may approve,
deny, table, or approve development
applications with conditions. A Planned
Zoning District cannot be approved by the
Planning Commission, but may be forwarded
to City Council.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following
applications shall be approved
administratively by the Planning Division as
long as the proposal meets all requirements
of the Unified Development Code: Property
Line Adjustment, Lot Split, Final Plat, Small
Site Improvement Plan, and Large Site
Improvement Plan. Approval by the Planning
Commission for these applications is not
required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for denial. The Planning
Division may refuse administrative
approval based on the following criteria:
(i) Property Line Adjustment; Lot Split.
The application does not comply with
zoning and development
requirements including, but not limited
to: lot width, lot area, setback
requirements, buildable area, required
parking, impervious surface,
dedication of required right-of-way or
easements, etc., or the requested
action would make an existing non-
conforming property or structure more
non -conforming.
(ii) Final Plat. The conditions of approval
of the preliminary plat have not been
met, the proposed plat does not
meet the zoning and development
requirements of the UDC, and/or the
required improvements have not
been completed or guaranteed in
accordance with Fayetteville Unified
Development Code Chapter 158.
(iii) Small or Large Site Improvement
Plans. The Planning Division may
refuse to approve a Small or Large
Site Improvement Plan for any of the
following reasons:
1. The development plan is not
submitted in accordance with the
requirements of this chapter.
2. The proposed development
would violate a city ordinance, a
state statute, or a federal statute.
3. The developer refuses to
dedicate the street right-of-way,
utility easements or drainage
easements required by this
chapter.
4. The proposed development
would create or compound a
dangerous traffic condition. For
the purpose of this section, a
dangerous traffic condition shall
be construed to mean a traffic
condition in which the risk of
accidents involving motor
vehicles is significant due to
factor such as, but not limited to,
high traffic volume, topography,
or the nature of the traffic pattern.
5. City water and sewer is not
readily available to the property
within the site improvement plat
area and the developer has made
no provision for extending such
service to the development.
6. The developer refused to comply
with ordinance requirements or
condition of approval for on -site
and off -site improvements.
(2) Subdivision Committee and Planning
Commission Approval. The following
applications shall be approved by the
Subdivision Committee or Planning
Commission, subject to the criteria listed below:
Large Scale Development, Preliminary Plat and
Concurrent Plat.
(a) Reasons for denial. The Subdivision
Committee or Planning Commission may
refuse to approve a Large Scale
Development, Preliminary Plat or Concurrent
Plat for any of the following reasons:
(i) The plat or development plan is not
submitted in accordance with the
requirements of this chapter.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(ii) The proposed development would
violate a city ordinance, a state statute,
or a federal statute.
(iii) The developer refuses to dedicate the
street right-of-way, utility easements or
drainage easements required by this
chapter.
(iv) The proposed development would
create or compound a dangerous traffic
condition. For the purpose of this
section, a dangerous traffic condition
shall be construed to mean a traffic
condition in which the risk of accidents
involving motor vehicles is significant
due to factors such as, but not limited to,
high traffic volume, topography, or the
nature of the traffic pattern.
(v) City water and sewer is not readily
available to the property within the large
scale development, preliminary plat, or
concurrent plat and the developer has
made no provision for extending such
service to the development.
(vi) The developer refused to comply with
ordinance requirements or conditions of
approval for on -site and off -site
improvements.
(D) Plat Recordation or Construction Plan Approval.
After obtaining approval by the appropriate
governing body, the applicant shall follow the
procedures set forth below in order to record the
plat or obtain construction plan approval.
(1) Property Line Adjustment, Lot Split, Final Plat,
Concurrent Plat. The applicant shall submit
copies of the approved plats containing all
required signatures to the Planning Division
for final approval. The plats shall be recorded
by the applicant and copies of the recorded
plats provided to the Planning Division as
required.
(2) Preliminary Plat, Large Scale Development
and Large Site Improvement Plan. Receipt of
the approval authorizes the applicant to
proceed with:
(i)The preparation of plans, reports and
specifications in accordance with City
Engineering requirements including but
not limited to: .
1. Street plans, profiles and specification
accompanied by soil analyses and
design calculations;
2. Storm drainage plans, profiles and
specifications accompanied by soil
analyses and design calculations; and
3. Water and sewer plans, profiles and
specifications, accompanied by design
calculations, to be reviewed and
approved by City Engineering.
4. Final site plans, landscape plans, and
other plans, reports and specifications
required by the City to obtain approval.
(ii) Once all approvals that are required have
been obtained, the applicant may
proceed with site preparation and
construction in accordance with the
permitted plans.
(E) Building Permits
(1) Before a building permit for a Large Site
Improvement Plan or Large Scale
Development is issued the developer shall:
(a) Obtain approval from the appropriate
governing body.
(b) Dedication of right-of-way. Dedicate right-
of-way in compliance with the City's Master
Street Plan, and in compliance with the
requirements for on or off -site
improvements.
(c) Dedicate all easements necessary to serve
the development as required by the utility
providers and the City. This may be
completed by easement plat or separate
easement document(s), with approval of the
Planning Division.
(d) On and off -site improvements. Construct or
guarantee required on- and off -site
improvements in accordance with UDC
chapter 158.
(e) Complete applicable conditions of approval.
(f) Comply with all applicable zoning and
development codes.
(F) Completion of Development/Certificate of
Occupancy. No certificate of occupancy for a
Large Scale Development, Large Site
Improvement Plan, or Small Site Improvement
Plan shall be issued, and no Final Plat or
Concurrent Plat shall be signed for recordation
until the following have been completed:
(1) The requirements for on and off -site
improvements have been completed, and
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
maintenance bonds/guarantees deposited to
City specifications.
(2) An "as built" plot plan has been approved by
the City Engineer (where applicable) showing:
(a) The location of all buildings and the
setback distance for said buildings from
street right-of-way and adjoining property
lines;
(b) The location of any freestanding signs
and the setback distance of said signs
from street right-of-way and adjoining
property lines;
(c) The location, number, dimensions, and
surfacing of all parking spaces and of all
screens or fences; and
(d) The location and size of all water,
sewer, gas, electric, telephone, and
television cable lines.
3) The development has been inspected and
approved by all applicable City divisions.
(4) All applicable conditions of approval have
been completed.
166.03 Plat Requirements
(A) Original plan drawings. Plans shall be drawn in a
legible manner, at a scale which best suits the
size of the property being developed or platted.
All plans shall be drawn at a standard
engineering scale, and submitted in paper and/or
digital form, as listed on the application.
(B) Plat information. The following information shall
be submitted to the Planning Division and/or
Planning Commission for review and approval:
(1) General.
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Name, address,
zoning and
property lines of
all property
X
X
X
X
X
X
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owners adjacent
to the exterior
boundaries of the
project.
Name, address,
telephone
X
X
X
X
X
X
X
numbers of
owner(s),
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developer(s) and
project
representatives
North arrow,
scale (graphic
and written), date
of preparation
X
X
X
X
X
X
X
zoning
classification, and
proposed use.
Title block
located in the
lower right hand
corner indicating
the name and
type of project,
X
X
X
X
X
X
X
scale, firm or
individual
preparing
drawing, date
and revisions.
Provide a
complete and
X
X
X
X
X
X
X
accurate le end
A vicinity map of
the project with a
radius of 1.5
miles from the
project. This map
shall include any
X
X
X
X
X
X
X
Master Street
Plan streets as
well as the 100
year flood plain
boundary.
The location of all
existing
X
X
X
X
X
X
X
structures.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
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Site coverage
note indicating
the percentage of
site that is
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covered by
impervious
surface.
(2) Legal description.
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Written legal
descriptions
including area in
square feet or
acres that read
clockwise (Note:
If the project is
contained in
X
X
X
X
X
X
more than one
tract, the legal for
each individual
tract and a total
tract description
must be
provided.)
Boundary survey
of the property
shown on the
plat. The
surveyor shall
seal, sign and
date the survey.
Each survey plat
X
X
X
X
X
X
X
shall have 2
points described
in State Plane
Coordinates,
Arkansas, North,
North American
Datum, 1983
(NAD 83)
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Provide a
benchmark,
clearly defined
with an accuracy
of 1/100'. This
benchmark must
be tied to USC &
GS Datum.
X
x
x
x
Benchmarks
include but are
not limited to the
following: fire
hydrant,
manhole, etc.
Point -of -
beginning from a
permanent well-
defined reference
X
X
x
X
X
X
point. This P.O.B.
shall be clearly
labeled on the
drawing.
Curve data for
any street which
X
X
. X
X
X
X
forms a project
boundary.
(3) Floodplain / floodways / wetlands.
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Show 100-yr
floodplain and/or
floodway and
based flood
elevations.
X
X
X
X
X
X
X
Reference the
FIRM panel
number and
effective date.
Note regarding
wetlands, if
applicable. Note
if Army Corps of
X
X
X
Engineers
determination is
inress.
_progress.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(4) Topographic information.
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Existing and
proposed
topographic
information with
source of the
information
noted. Show:
a. Two foot
contour intervals
X
X
for ground
slope between
level and ten
percent.
b. Five foot
contour interval
for ground slope
exceeding ten
percent.
Spot elevations
at grade breaks
along existing
road centerlines,
x
X
gutter lines and
top of curbs or
edge of
pavement.
Contours of
adjacent land
within 100 feet of
X
X
the project shall
also be shown.
(5) Tree protection / landscaping.
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trees to
be retained on -site
and the measures
X
X
X
X
X
to be implemented
for their rotection.
Clearly depict the
limits of soil
disturbance to
X
X
X
X
include all areas
to be graded both
on and off -site.
Show proposed
location of all
X
X
X
X
utilities.
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Landscape
proposals for
parking lots and/or
tree replacement
requirements shall
include proposed
plant species and
size. Existing and
proposed utility
lines shall be
shown on the
plan. State the
method for
irrigating the plant
material on the
plan. When an
ordinance requires
shrubs or other
screening
material, show the
X
X
X
X
layout of planting
beds.
(6)Utilities — existing.
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Show on the
drawing all
known on -site
and off -site
existing utilities
and easements
(dimensioned)
X
X
X
X
X
X
X
and provide the
structure's
locations, types,
and condition
and note them as
"existing" on the
plat.
Existing
easements shall
show the name
of the easement
holder, purpose
of the easement,
and the book and
page number for
X
X
X
X
X
X
the easement. If
an easement is
blanket or
indeterminate in
nature, a note to
this effect shall
be placed on the
at or Ian.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(7) Utilities - proposed.
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Show all storm
sewer structures,
sanitary sewer
structures and
drainage
structures:
X
X
X
X
a. Provide
structure
locations and
types
b. Provide pipe
types and sizes
Sanitary sewer
systems:
a. Provide pipe
locations, sizes,
and types
X
X
X
X
X
X
b. Manhole
locations of rim
and invert
elevations.
Note the
occurrence of any
previous water,
sewer, or storm
X
X
X
sewer overflow
problems on -site
or in the proximity
of the site.
If a septic system
is to be utilized,
provide a table of
X
X
X
acreage and
percolation rates.
Water systems,
on or near the
site:
a. Provide pipe
locations, types,
and sizes
b. Note the
static pressure
X
X
X
X
X
X
and flow of the
nearest hydrant
if requested.
c. Show
location of
proposed fire
hydrants and
meters.
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Underground or
surface utility
transmission
lines:
(Note: This
category
includes, but is
not limited to
Telephone,
Electrical, Natural
Gas, and TV
Cable)
a. Locations of
all related
structures
(pedestals, poles,
etc.)
X
X
X
X
b. Locations of
all lines (note
whether the line
is below or above
ground)
c. A note shall
be placed
where streets will
be placed under
the existing
overhead
facilities and the
approximate
change in grade
for the proposed
street.
State the width,
location, and
purpose of all
proposed
easements or
rights of way for
utilities, drainage,
X
X
X
X
X
X
X
sewers, flood
control,
ingress/egress or
other public
purposes within
and adjacent to
the
_project.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(8) Streets / right-of-ways / easements.
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Street right-of-
way lines clearly
labeled. The
drawing shall
depict any future
R.O.W. needs as
determined by
the AHTD and
Master Street
X
X
X
X
X
X
X
Plan. Future
R.O.W. as well
as existing
R.O.W. and
center lines
should be shown
and
dimensioned.
The location,
widths, grades,
and names of all
existing and
proposed streets
(avoid using first
names of people
for new streets),
alleys, paths, and
other rights -of -
way, whether
public or private,
within and
adjacent to the
X
X
X
X
X
X
X
project; private
easements within
and adjacent to
the project; and
the radius of
each centerline
curve. Private
streets shall be
clearly indicated
and named.
Names of streets
should be
approved by the
911 Coordinator.
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A layout of
adjoining
property (within
300) in sufficient
detail to show the
effect of
proposed and
existing streets
(including those
on the master
street plan),
adjoining lots,
X
X
X
X
X
and off -site
easements. This
information can
be obtained from
the Master Street
Plan, Aerial
Photos, and the
City Plat Pages
located in the
Planning Office if
requested.
The location of
all existing and
proposed street
lights (At every
intersection, cut-
X
X
X
X
de -sac & every
300' and
associated
easements to
serve each li ht.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(9) Subdivision of land.
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The lot layout,
the dimensions
of each lot,
number of each
lot, total area in
square footage
or acreage to the
nearest one -
hundredth
(1/100th) acre of
each lot, and the
approximate
X
X
X
X
X
X
finish grade
where pads are
proposed for
building sites.
Lots shall be
numbered
consecutively for
all phases. The
total number of
lots shall be
indicated on the
plat.
For phased
X
X
X
X
development, a
plat showing all
phases is
required.
(10) Site specific information.
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Provide a note of
any known
existing erosion
problems on -site
X
X
or within 300'
downstream of
the property.
The location of
known existing or
abandoned water
wells, sumps,
cesspools,
X
X
X
X
X
X
springs, water
impoundments,
and underground
structures within
the project.
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The location of
known existing or
proposed ground
leases or access
agreements, if
X
X
X
X
X
X
known. (e.g.
shared parking
lots, drives, areas
of land that will be
leased)
The location of all
known potentially
dangerous areas,
including areas
subject to
flooding, slope
stability,
settlement,
X
X
excessive noise,
previously filled
areas and the
means of
mitigating the
hazards
(abatement wall,
signage, e, etc.).
The boundaries,
acreage, and the
use of existing
and proposed
public areas in
and adjacent to
the project. If
X
X
X
X
land is to be
offered for
dedication for
park and
recreation
purposes it shall
be_designated. nated.
For residential
development,
indicate the use
and list in a table
X
the number of
units and
bedrooms.
For non-
residential
development,
indicate the gross
floor area, and if
X
for multiple uses,
the floor area
devoted to each
type of use.
The location and
size of existing
X
X
X
X
X
X
and proposed
si ns, rf an .
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
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The location and
number of bike
x
racks provided
and re uired.
Location, size,
surfacing,
landscaping, and
arrangement of
parking and
loading areas.
Indicate pattern of
x
traffic flow;
include a table
showing required,
provided, and
handicapped
accessible
arkin s aces.
Location and
width of curb cuts
and driveways.
Dimension all
driveways and
x
curb cuts from
side property line
and surrounding
intersections.
Location of buffer
strips, fences or
screen walls,.
where required
x
X
X
(check Unified
Development
Code for specific
requirements).
Indicate location
and type of
garbage service.
Dimension
X
x
turnaround area
at dumpster
location.
A description of
commonly held
x
x
X
areas, if
applicable.
A written
description of
requested
waivers or
x
x
x
X
X
X
variances from
any city
requirement.
Show required
building setbacks.
Provide a note on
the plat of the
X
X
X
X
X
X
X
current setback
requirements for
the subdivision.
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oa
Preliminary
I
grading and
drainage plans
andreportsasX
required in the
City Engineer's
Office.
(11) Other requirements.
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Any other data or
reports as
deemed
necessary for
project review by
the Zoning and
X
X
X
X
X
X
X
Development
Administrator,
City Engineer or
Planning
Commission.
Signature block
to certify
approval of
X
X
streets, drainage
and utility
easements.
Signature block
to certify
approval of water
X
X
and sewer
system.
Signature block
to certify
approval of
X
X
building setback
dimensions.
Signature block
certifying
X
X
X
X
approval for
recording.
Signature block
certifying
approval of Tree
X
X
Preservation and
Protection.
Signature block
certifying
approval of park
X
X
land dedication
or money in lieu.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
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Signature block
certifying
X
X
approval of utility
easements.
Signature block
certifying
X
X
X
ownership, title
and dedication.
Signature block
certifying survey
X
X
X
and accuracy.
(12) Easement plat.
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Prior to the
issuance of a
building permit
for a large scale
development,
site improvement
plan or planned
zoning district an
easement plat
X
shall be filed of
record in the
office of the
circuit clerk
dedicating all
required
easements and
rights -of -way.
'All plats should meet or exceed the most current State of
Arkansas Standards of Practice for Property Boundary
Surveys and Plats.
"SIP = Large or Small Site Improvement Plan
"'PZD = Planned Zoning District
(C) Signatures required. The final plat or concurrent
plat may be signed by any officer of the Planning
Commission.
(D) Number of plats. The Planning Division may
require additional copies of plats if the amount
required by this chapter is not sufficient for
distribution to the various committee members.
(Code 1965, App. C., Art. II, §§ F —H; Ord. No. 2581, 12-4-
79; Code 1991, §§ 159.16-159.18; Ord. No. 4100, § 2 (Ex.
A), 6-16-98)
166.04 Required Infrastructure
Improvements — Development in City
Limits
(A) Generally. Required of developer.
(1) On and off -site improvements. On -site
improvements are adjacent to or within a
project site; such as widening the street
along the project street frontage,
constructing interior streets and utilities, etc.
Off -site improvements are not adjacent to a
project; such as the extension of an off -site
sewer line to the property boundary, off -site
storm drainage improvements, or an off -site
intersection improvement, etc.
(2) Standards applicable. Any required on or off -
site improvements in the city and within one
mile of the city limits shall be installed
according to the city's standards; provided
on or off -site improvements to roads located
outside one mile of the city limits shall be
installed to the county's standards. The
developer shall be required to bear that
portion of the cost of off -site improvements
which bears a rational nexus to the needs
created by the development.
(3) Required Infrastructure Improvements. On
and off -site improvements that are roughly
proportional and bear a rational nexus to the
impact of the development are required for
all development within , the City of
Fayetteville. The developer shall be required
to install on and off -site improvements where
the need for such improvements is created in
whole or in part by the proposed
development.
(4) Planning Commission and Planning Division.
At the time the Planning Commission or
Planning Division (where applicable for
administrative approval) grants development
approval, the Planning Commission or
Planning Division shall determine whether
the proposed development creates a need
for off -site improvements and the portion of
the cost of any needed off -site improvements
which the developer shall be required to
bear; provided, that portion of the cost of off -
site improvements to roads located outside
the city's corporate limits but within the city's
planning area shall be determined by the
county. In determining that portion of the
cost of off -site improvements which the
developer shall be required to bear, the
Planning Commission or Planning Division
(where applicable for administrative
approval) shall consider the acreage within
the proposed development as a percentage
of all the acreage which, when fully
developed, will benefit from the off -site
improvements; provided, the Planning
Commission or Planning Division may use a
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
different method of measurement if it
(8) State highways. The developer shall be
determines that use of the acreage standard
required to dedicate sufficient right-of-way to
will not result in the developer bearing that
bring those state highways which the Master
portion of the cost which bears a rational
Street Plan shows to abut or intersect the
nexus to the needs created by the
proposed subdivision into conformance with
development,
the right-of-way requirements of the Master
Street Plan. The developer shall be required
(5) Determining necessity for off -site
to install a sidewalk adjacent to that portion
improvements,
of a state highway abutting the proposed
development; and provided that the Planning
(a) When a proposed development has
Commission or Engineering Division (where
access to paved streets or roads only by
applicable for administrative approval) may
way of substandard or unimproved
waive the sidewalk requirement prescribed
roads or streets leading from the
by this subsection upon application by the
development to the paved streets or
developer and a determination by the
roads, the developer shall be
Planning Commission or Engineering
responsible for contributing this
Division (where applicable for administrative
proportionate share of the cost of
approval) that the topography of the
improving the substandard access roads
proposed development where it abuts a state
or streets to existing city or county
highway is such that installation of a
standards. The developers
sidewalk is not practical. Any other
proportionate share of said costs shall
improvements required of the developer by
be determined by the Planning
the Planning Commission or Engineering
Commission or Planning Division (where
Division (where applicable for administrative
applicable for administrative approval) in
approval) shall be coordinated with the
accordance with the provisions of
Arkansas Highway and Transportation
166.04 (A) above.
Department.
(b) When a proposed development has
(B) Minimum improvements by application type. The
direct access to, or fronts on an existing
property owner/developer shall be responsible for
road or street, which is below current
constructing the following minimum
standards, the developer shall be
improvements.
responsible for contributing his/her
proportionate share of the cost of
(1) Property Line Adjustment. No improvements
improving said street or road to existing
are required unless the action would create
city or county standards. The Planning
or exacerbate a nonconforming infrastructure
Commission or Planning Division (where
situation such as cutting off a lot from public
applicable for administrative approval)
water, sewer, or street frontage. In such as
shall determine the developers
case the property line adjustment may not be
proportionate share of said costs in
filed of record until the required infrastructure
accordance with the provisions of
is first constructed to City specifications, or a
166.04 (A) above,
variance or waiver is granted by the Planning
Commission.
(c) Off -site drainage improvements shall be
required whenever a proposed
(2) Lot Split.
development causes the need for such
improvements.
(a) Dedication of right-of-way. Sufficient
right-of-way dedication, to bring those
(5) Delayed Improvements. The Planning
streets which the Master Street Plan
Commission or Planning Division may
shows to abut or intersect the property
determine a required on -site or off -site
into conformance with the right-of-way
improvement shall be delayed or payment-
requirements of the Master Street Plan
in -lieu contributed instead in accordance with
for said streets; provided, the
Chapter 158 of the UDC. Cross
Subdivision Committee or Planning
reference(s)--Bonds and Guarantees, Ch.
Commission may recommend a lesser
158.
dedication in the event of undue
hardship or practical difficulties. Such
(7) Variances. A variance of off -site
lesser dedication shall be subject to
improvements may be granted in
approval by the City Council.
accordance with Chapter 156 Variances.
(i) Dedications. The City Council
accepts all streets and alleys
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
located in Fayetteville that have
been previously approved and
accepted as dedications by the
Fayetteville Planning
Commission/Subdivision
Committee. The City Council
confirms the acceptance of all such
streets and alleys dedicated by
developers/owners to the city which
have been approved by the
Fayetteville Planning
Commission/Subdivision
Committee.
right-of-way requirements of the
Master Street Plan for said streets,
shall be approved by the Planning
Commission or Subdivision
Committee; provided, the Planning
Commission or Subdivision
Committee may recommend a
lesser dedication in the event of
undue hardship or practical
difficulties. Such lesser dedication
shall be subject to approval by the
City Council.
1. Exemption. Small Site
(b)
Monuments and lot stakes. The
Improvement Plan applications
surveyor shall cause, preserve, and/or
are exempt from this
replace monuments and/or lot stakes
requirement.
marking the corners of a parcel to be set
in accordance with Section 3.2, general
(ii) Off -site. Off -site right-of-way
procedures, of the Arkansas Minimum
dedication may be required as
Standards for Property Boundary
needed to construct off -site street
Surveys and Plats.
improvements that are required
based on the rough proportionality
(c)
Water, sewer, or street frontage. Any lot
and rational nexus of the impacts of
that is created shall have adequate
the project.
street frontage or street access that
meets the minimum requirements of the
(iii) Dedications. The City Council
zoning code, and access to public water
accepts all streets and alleys
and sewer as required by city and state -
located in Fayetteville that have
code. If a lot split would create or
been previously approved and
exacerbate a nonconforming situation
accepted as dedications by the
(such as cutting off a lot from public
Fayetteville Planning
water, sewer, street frontage, or street
Commission/Subdivision
access), the lot split may not be filed of
Committee. The City Council
record until the required easement is
confirms the acceptance of all such
dedicated and/or the infrastructure is
streets and alleys dedicated by
first constructed to City specifications, or
developerslowners to the city which
a variance or waiver is granted by the
have been approved by the
Planning Commission.
Fayetteville Planning
Commission/Subdivision
(d)
Parkland dedication. Parks fees shall be
Committee.
assessed for each new residential unit
that is constructed on the additional
(b) Monuments and lot stakes. The
lot(s) in accordance with the parkland
surveyor shall cause, preserve, and/or
dedication requirements outlined in
replace monuments and/or lot stakes
Fayetteville Unified Development Code
marking the corners of a parcel to be set
Chapter 166. Said fees shall be paid
in accordance with Section 3.2, general
prior to issuance of a building permit for
procedures, of the Arkansas Minimum
construction on the new lot.
Standards for Property Boundary
Surveys and Plats.
(3) Preliminary/Final/Concun-ent Plat; Large
Scale Development; Large or Small Site
Improvement Plan.
(a) Dedication of right-of-way.
(i) On -site. Sufficient right-of-way
dedication, to bring those streets
which the Master Street Plan shows
to abut or intersect the property and
new streets proposed interior to the
property, into conformance with the
(c) Streets.
(i) On -site. Widening the street
adjacent to the project frontage and
construction of all interior streets to
meet Master Street Plan standards.
Street grading, base, and paving
according to existing city standards
and specifications as adopted by
the City Council.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(ii) Off -site. Street widening and/or new
street construction off -site may be
required to address traffic impacts
based on the rough proportion and
rational nexus of the impacts of the
project. Street grading, base, and
paving according to existing city
standards and specifications as
adopted by the City Council.
(d) Curbs and gutters.
(h) Grading and storm drainage system.
(i) The developer shall install storm
drainage facilities, including drains,
sewers, catch basins, and culverts
necessary for the proper drainage
of all surface water.
(ii) All drainage facilities shall be so
designed to serve the entire
drainage area.
(i) On -site. Curbs and gutters adjacent
(iii) All surface water drainage shall be
to the project frontage according to
transported to existing storm
existing city standards and
sewers, drainage facilities, or
specifications as adopted by the
natural drainage ditches approved
City Council.
by the City Engineer.
(ii) Off -site. Curbs and gutters off -site
(iv) The City Engineer shall approve all
may be required to address
drainage features.
drainage and/or traffic impacts
based on the rough proportion and
(i) Culverts and bridges. Culverts and
rational nexus to impacts of the
bridges shall be installed where
project. Curbs and gutters
needed in accordance with existing
according to existing city standards
Arkansas State Highway
and specifications as adopted by
Department standards and
the City Council.
specifications.
(e)
Traffic signals. As determined to be
(i) Water supply.
needed based on the rough
•
proportionality and rational nexus of the
(i) Accessible public water supply
impacts of the development.
When an approved public water
supply is reasonably accessible, the
(f)
Sidewalks.
developer shall install a system of
water mains and shall connect to
(i) On -site. Sidewalks shall be installed
such supply so that each lot within
along the property street frontage
the subdivision or development
and along new interior streets
shall be provided with a connection
according to existing city standards
to said public water supply. All
and the Master Street Plan as
connections shall be approved by
adopted by the city Council.
the City Engineer. Individual
service lines shall be installed, and
(ii) Off -site. Sidewalks may be required
individual connections shall be
to be installed off -site based on the
made prior to the paving of the
rough proportionality and rational
street, if possible.
nexus of the impacts of the
development.
(ii) Nonaccessible public water supply.
Where an approved public water
(g)
Streetlights. Standard 8,000 lumen
supply is not reasonably accessible,
streetlights (or equal alternative
any private water supply system
approved by the Planning Division)
proposed by the developer must be
shall be installed at each intersection or
approved by the county sanitarian
cul-de-sac and along one side of each
and the City Engineer in order to
street or cul-de-sac at intervals of no
assure that the private water supply
more than 300 feet; provided,
system will provide an adequate
streetlights of higher intensity may be
supply of potable water to every lot
required at intersections with collector
in the subdivision or development.
streets or arterial streets. Developer are
Individual service lines shall be
encouraged to utilize high -efficiency
installed, and individual connections
(LED or similar) streetlights where
shall be made prior to the paving of
possible).
the street, if possible.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
(iii) Fire Hydrants. Fire hydrants for
approval of the overall plan for
single-family dwellings and
the utilization of either onsite
duplexes shall be installed so that
wastewater systems or
the distance between two
individual septic permits.
consecutive fire hydrants does not
exceed 800 feet, and no lot is more
Existing septic systems,
than 400 feet from a fire hydrant.
sewage disposal fields (leach
Fire hydrants for apartment
fields), alternate disposal fields
complexes, commercial structures,
required by state law and water
and industrial structures shall be
wells on -site or off -site within
installed so that the distance
100 feet shall be shown on all
between two consecutive fire
proposed subdivisions, lot
hydrants does not exceed 600 feet;
splits, and development plans.
provided, the fire chief shall have
the authority to require additional
3. Community sewage systems.
fire hydrants upon a determination
The construction of community
that such additional fire hydrants
sewage systems or
are necessary to provide adequate
decentralized sewer systems
fire protection. The fire chief shall
shall be prohibited within the
develop written criteria to be
City unless expressly permitted
applied in determining whether
by resolution of the City
additional fire hydrants shall be
Council.
required.
4. Annexation of community
(j) Sanitary sewer system.
sewage systems. Where a
community sewage system is
(i) Public sanitary sewer accessible.
annexed into the City, then the
Where a public sanitary sewer is
following shall apply:
reasonably accessible, the
developer shall connect' with such
a. Unconstructed systems.
sewer, and each lot .within the
The wastewater system
subdivision or development shall be
shall be designed such
provided with a connection thereto.
that the entire collection
All connections shall be subject to
system is a traditional -
the approval of the City Engineer,
style gravity sewer system
Individual service lines shall be
that carries all wastewater
installed, and individual connections
flow to centralized
shall be made prior to the paving of
treatment facilities and
the street if possible.
shall meet City standards
for design construction.
(ii) Public sanitary sewer not
The system must also be
accessible. Where a subdivision,
designed such that there is
lot split, or other development is
one single point of
proposed to utilize either individual
connection from which a
septic systems or an onsite
future gravity connection
wastewater treatment system the
can be made to the City
following is required:
sanitary sewer system
when the latter becomes
1. Lot splits resulting in lots less
available. This connection
than 1.5 acres. Prior to the City
shall be made at the
stamping the lot split document
expense of the owner of
for approval, a letter from the
the decentralized
Arkansas Department of Health
wastewater system.
is required verifying approval of
soil tests and that the property
b. Constructed systems.
could be developed with a
Systems constructed prior
septic system.
to annexation into the City
must tie to the City
2. Prior to the City signing a final
sanitary sewer system
or concurrent plat a letter from
when a City sanitary sewer
the Arkansas Department of
main is constructed within
Health is required indicating
300 feet of the community
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
sewage system and such
Parks and Recreation Advisory
main is reasonably
Board a concept plat or plan.
available to the community
sewage system. This
3. Planning Commission. The
connection shall be made
developer and the Parks and
at the expense of the
Recreation Advisory Board
owner of the decentralized
shall make a joint
wastewater system.
recommendation to the
Planning Commission as to the
State law reference(s)—"Arkansas Sewage Disposal
land dedication or contribution
Systems Act," A.C.A. §14-236-101 etseq.
in lieu of dedication. In the
event that they are unable to
(k) Trail linkages/corndor/easements. The
agree, the developer and
developer may be required to construct
advisory board shall make
a trail linkage or corridor or grant a
separate recommendations to
multi -use trail easement for trails shown
the Planning Commission who
on the Master Transportation Plan that
shall determine the issue.
abut, intersect, or traverse the project
site, if it is determined that the
4. Decision. If the developer
improvements bear a rational nexus and
proposes to dedicate land for a
rough proportionality to the needs
public park after consultation
created by the development,
with the Parks and Recreation
Advisory Board which the
(I) Parkland dedication.
Planning Commission
determines is suitable for park
(i) Applicability. The requirements of
purposes, the proposed
this subsection shall apply to Lot
dedication shall be accepted.
Splits, replats of subdivisions, Large
Upon consent and consultation
Scale Developments, and Large
with the developer and the
Site Improvement Plans; provided,
Parks and Recreation Advisory
said requirements shall not apply to
Board, a developer may
a Lot Split or replat which does not
dedicate a portion of the
create one or more vacant lots on
required park land dedication
which a structure could be erected
and make a contribution of
under the city's zoning regulations.
money in lieu of land
dedication for the remaining
(ii) Residential development,
park land dedication
requirement. With consent of
1. Dedication or fee -in -lieu.
the Parks and Recreation
When a proposed residential
Advisory Board, this monetary
development does not provide
contribution may be used to
an area or areas for a public
develop the park land in the
park based on the Fayetteville
development or elsewhere
Parks and Recreation Plan, the
within the quadrant consistent
developer shall be required to
with the Fayetteville Parks and
make a reasonable dedication
Recreation Plan.
of land for public park facilities,
or to make a reasonable
5. Approval. The Planning
equivalent contribution in lieu
Commission's decision must
of dedication of land, such
be incorporated into the
contribution to be used for the
developer's Preliminary Plat,
acquisition and development of
Large Scale Development, or
park land that serves the
Large Site Improvement Plan
subdivision or development,
prior to plat or plan approval.
2. Parks and Recreation Advisory a. Dedication ratios. Land shall
Board. Prior to the submittal of be dedicated at a ratio of .024
a Preliminary Plat, Large Scale acre of land for each single -
Development plan, or Large family dwelling unit and .017
Site Improvement Plan the acre of land for each multi -
developer shall submit to the family dwelling unit.
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
b. Fee -in -lieu formulas. A
event actual density is less than the
contribution in lieu of land
density used, as the basis for the
dedication shall be made
developers contribution; provided,
according to the following
no refund shall be made unless
formula:
application therefore is made in
writing to the Zoning and
$960.00 for each single-family
Development Administrator within
unit
one year from the date of Final Plat
$680.00 for each multi -family
approval. In the event actual density
unit based upon actual
is more than the density used as the
density.
basis for a dedication of land or case
contribution the developer must
The Parks Department shall
make an additional land dedication
review the contribution formula
or contribution in lieu of dedication.
every two (2) years and make
recommendations to the City
(iv) Zoning Requirements. Lots created
Council following such review,
for the purpose of park land
dedication shall not be required to
8. Dedication in excess. If a
meet the standards for lot size, bulk
developer wishes to dedicate
and area within any zoning district.
park land which exceeds the
Lots created for the purpose of park
requirement of this subsection,
land dedication to serve the
the developer shall make a
residents of the surrounding area
written request to the Planning
shall not be subject to POA/HOA
Commission who may grant
dues or other fees established for
the developer a credit
maintenance or other purposes
equivalent to said excess.
within the neighborhood.
Said credit shall be applied
toward the developer's
(v) Fee -in -lieu allocation. All money
obligation under this
received under this subsection shall
subsection for any subsequent
be deposited in an interest bearing
development located in the
account. Said money together with
same park quadrant.
the interest, shall be expended within
three calendar years of the last date
(iii) Timing of dedication and/or
of the calendar year in which it was
contribution. All dedications of land
received for the acquisition and
must be made before the city signing
development of park land that
the final plat, or issuance of building
services the subdivision for which a
permits for a Large Scale
contribution in lieu of dedication has
Development or Large Site
been made. If said money has not
Improvement Plan. A Final Plat shall
been expended within the three-year
not be released for recordation until
period, said money, together with the
the deed for a land dedication is
interest thereon, shall be refunded to
received. Deeded land is dedicated
the developer who made the
public park land and not subject to
contribution.
any right of reversion or refund. A
cash contribution in lieu of required
(C) Other infrastructure improvements. Other
land development shall be payable
infrastructure improvements may be required
before the city signing the Final Plat,
where the need for such improvements is created
or issuance of building permits for a
in whole or in part by the proposed development
Large Scale Development or Large
as determined by the City Engineer.
Site Improvement Plan. With the
approval of the Planning
166.05 Required Infrastructure
Commission a developer may pay
Improvements - Development in
such contribution in three equal
Planning Area
installments to be paid in full within
one year of Final Plat approval. If a
developer makes a cash contribution
(A) Required Infrastructure Improvements Outside the
in lieu of land dedication, the
City
developer shall be entitled to a pro
rata refund, together with the
(1) Within One Mile of City Limits. On and off -
accrued interest therefrom, in the
site improvements for development outside
ADM 09-3449 UDC AMENDMENTS - PROPOSED VERSION CH. 166.01-166.05
the City Limits and within one mile of the City
are the same as for those developments
within the City Limits as specified in UDC
166.04, with the exception of the park land
dedication requirement, which is not
required.
(2) Beyond One Mile of City Limits. On and off -
site improvements for development outside
one mile of the City limits shall meet
Washington County standards.
NORTHWEST ARKANSAS i.
NEWSPAPERSuC
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers R] CEIVED,4
Northwest Arkansas Times
DEC 2 92009
Benton County Daily Record p�T•
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-57 1 -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 c:; .•,
Fayetteville —Ordinance 5296
December 24, 2009
Publication Charge : $ 311.28
Signed:
Subscribed and sworn to before me
This(/day of] ,,c. 2009.
Notary Public Q •jg,,,,,,,,, i
My Commission Expires: Ira -y. c, 4o/ D2
Do not pay from Affidavit, an invoice will be sent
ORDINANCE NO 6296
DE ORDINANCECODE
AMENDING TITLE XV UNIFIED a. e evl le
DEVELOPMENT OF THE CITY OF UNIFIED
tT
TEVILLE TO PROVIDE MORE CLARITY, CONSIS- Y
TENCY AND PREDICTABILITY IN THE DEVELOP-
MENT REVIEW CODES AND TO ESTABLISH THE ARKANSAS
FRAMEWORK FOR ADMINISTRATIVE APPROVAL
FOR CERTAIN PROJECT TYPES.
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should
be revised to provide a more clear and predictable development review process that is eas-
ity 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; and
WHEREAS, the adopted land use plan for the City of Fayetteville, City Plan 2025, has a
defined objective to allow as -of -right developrnegtp( administrative approval in an effort to
permit and encourage the type of growth and d$aeldpment the community d�5ires: and
WHEREAS, the City of Fayetteville recognizes mat Me Unified Development Code should
be revised in order to set up the Iramewor f r t e. approval, appeal, and,. public review
process for development that may be appr ,y minisf(allvely: and
WHEREAS, some existing development applications tbai meet code requirements are
required to be approved by law and public n cringe f t foot applications are not an effi-
cient use of time and resources for applicants or the City. -
NOW.THEREFORE, BE IT ORDAINED BYTNE CITY COUNCIL OF THE CITY OF FAYET-
TEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville. Arkansas hereby repeals the first
sentence of the definition of Large-scale development in §151 Definitions of the Unified
)evelopment Code and enacts a replacement sentence as follows'.
'The development of a lot or parcel one acre or greater in size:-
iection 2. That the City Council of the City of Fayetteville. Arkansas hereby amends Unified
)evelopment Code §153.08(0X2) to remove reference to -§166.01' and replace it with
§I66'.
3ection 3. That the City Council of the City of Fayetteville. Arkansas hereby repeals the
115504 Alderman Appeal on Behalf of Resident of the Unified Development Code and
enacts a replacement §155.04 as follows:
'§155.04 Alderman Appeal on Behalf of Resident
An alderman may bring an appeal on behalf of any resident of the city a decision by
the Manning Commission to approve or deny the requests as set forth below'
Section 4. That the City Council of the City of Fayetteville. Arkansas hereby repeals
j155.06(C) Appeals to the Planning Commission and enacts a replacement §155,06(C) as
allows:
'See Exhibit A attached hereto and made a part hereof.'
Section 5. That the City Council of the City of Fayetteville. Arkansas hereby repeals the first
sentences of §156.02(8) Consideration by the Planning Commission of the Unified
Development Code and enacts replacement sentences as follows
'(B) Consideration by the Planning Commission. Applications for variances of the lol-
kn 6. shall he considered by the Planning Commission.'
Section 6. That the City Council of the City of Fayetteville. Arkansas hereby repeals §156.02
(8X3) and §156.02 (B)(4) and renumbers the remaining two subsections accordingly
Section 7. That as City Council at the City of Fayetteviae. Arkansas hereby amends Unified
Development Code §156.03 Development to repeal subsections §156.03(AX3) and
§156,03(A)(4).
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby amends Unified
Development Code §156.03(8) Consideration by the City Council -Parkland dedication to
remove reference to'§166.03(K)' and replace ill with '§166.04(B).'
Section 9. Thal the City Council of the City of Fayetteville; Arkansas hereby repeals
§156.03(CX4) Major development - park land dedication and enacts a replacement
§15603(CX4) as Slows:
'See. Exhibit 4i' attached hereto and made a part hereof.'
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby adopts
§156.03(CXB) of fire UNaied Development Code as follows: '
'§156.03(C)(8) Bicycle rack variance. The Planning Commission may modify the
design standards or the requirement for a. bicycle rack.'
Section 11. That t e City Council of the City of Fayetteville, Arkansas hereby repeals the first
sentence of the §1157.02(8) Applicability of the Unified Development Code and enacts a
replacement sentence as follows:
'§157.02(8) Applicabilty; Development applications include, for the purpose of noti-
fication, preliminary plats, concurrent plats, and large scale developments.'
Section 12. That the City Council of the City of Fayetteville. Arkansas hereby amends
United Development Code §157 Notification and Public Hearing by adapting §157.11 as
o and made a part hereof.'
1 of the city of Fayettevile. Arkansas hereby amends
)1(A)44) Sidewalks to remove reference to 166.03(E)"
the City of Fayetteville. Arkansas hereby repeals the first
t Scale Developments at the Unified Development Code
s as follows:
elopments and Large Site Improvement Plans. The
rve an office, residential, commercial, or industrial
d the Planning Division may administratively approve
for to the installation of the required improvements;
be issued until one of the following has occurred'
I of the City of Fayetteville. Arkansas hereby amends
IS(A) Off -Site Improvements/Delays to remove reference
Arkansas hereby ar
t Districts to remove
.That CjfrC ll the Cityof Fayetteville, Arkansas hereby repeals
'. B '3ci4 P1. grit subsections as follows:
Nt' 3gh.p@n hereof.'
That ,T9§'Cj1 pet "JvqgjjggtQrkaness hereby repeals subsectior
06 F(1) Cu td pi bra 1011standb Ira .Iefa'r3action and enacts a replacement
pot of
dolt 1n cut b ors dlaaacc access
s intersectionalionor driveway For distance
shall of sding grt c orcurb
street them separation, the separationtee e of curb
shalt be measured along the men line froms the edge d curb cut to the edge of curb
sealog streato The measurement begins at the point where the curb n cut and lter-
of-curbeetege-lea.iTht 4mieei.e.,lure intends at e dint a thtramthethere
the closest
to lcvt out
or the aerspemeo ends at the peat ured to h street where
the curb c t atb to to street WRs chain occurs; again, the measuredtopaint where
the cab silt a IntMactirp Mats create a right angle at the inta6ectlon of face -of-
Section 19. that the City Council of the City of Faye
Unified Development Cade §166.06(FX 1 Xe), (b) end (c)
of.'
Section 20. That 1M City Council of the City of Fayette
section §166.07 Required Off -spa Improvements and re
Section 21. That the City Council of the City of Fayette
section §171.03 Street Improvements and reserves this
Section 22. That the City Council of the City of Faye
Unified Development Cade §172.09 (A) Oa -Street Loadi
and 166.06- and replace it with 166.02.
PASSED and APPROVED this 150 day of December,',
APPROVED ATTEST:
By: . By:_
LIONELD JORDAN, Mayor SONDRA E
Exhibits may beyviewed in the office of the Fayetteville
Arkansas hereby amends
ova reference to 'centerline
ransas hereby repeals sub.
the section for future use.
ensas hereby repeals sub -
for future use.
during normal