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:"
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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."
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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
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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
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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.
