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HomeMy WebLinkAboutOrdinance 5297 ORDINANCE NO. 5297 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 161 : ZONING REGULATIONS AND 172: PARKING AND LOADING IN ORDER TO UPDATE AND MODIFY EXISTING REQUIREMENTS AND REGULATIONS THAT ADDRESS THE PARKING NEEDS OF ALL FORMS OF TRANSPORTATION, PROVIDE ADDITIONAL PARKING RATIOS, AND TO ELIMINATE UNNECESSARY REGULATION. WHEREAS, certain sections of the City of Fayetteville Unified Development Code Chapter 172: Parking and Loading do not work toward achieving the goals and objectives of City Plan 2025; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to promote the use of and accommodation for the needs of alternative forms of transportation; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to benefit the citizens and environment; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide additional parking ratios and eliminate unnecessary regulation; 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 § I61 .20(H), § 161 .21 (H), and § 161 .22(H) of the Unified Development Code. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 161 .28(D)(9)(a) of the Unified Development Code and renumbers the sub-section accordingly. Section 3 . That the City Council of the City of Fayetteville, Arkansas hereby repeals § I72.03(D) of the Unified Development Code and enacts a replacement § 172.03(D) as follows: "§ 172.03 (D) Signage. Accessible parking spaces for persons with disabilities shall be identified with signs in accordance with the current federal statute of the Americans with Disabilities Act (ADA). Curb ramps shall be provided in accordance with the Americans with Disabilities Act (ADA) wherever an accessible route crosses a curb in the parking lot" Page 2 Ordinance No. 5297 Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.04 Parking Lot Design Standards of the Unified Development Code and enacts a replacement § 172.04 as shown in Exhibit "A" attached hereto. Section 5 . That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.05 Standards for the Number of Spaces by Use of the Unified Development Code and enacts a replacement § 172.05 as shown in Exhibit "B" attached hereto. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.09 Off- Street Loading and enacts a replacement § 172 .09 as follows: "§ 172.09 Off-Street Loading. In all districts, accessory off-street loading berths, open or enclosed, shall be so arranged so that parking and maneuvering will occur on private property." Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends § 172. 10 (A) and (B) to require all new construction that requires five (5) or more parking spaces to provide bicycle parking in accordance with the adopted standards. Section 8. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172. 10(F) Variations in requirements and enacts a replacement § 172. 10(F) as follows: "§ 172. 10(F) Variations in requirements. ( 1 ) Shared bicycle parking. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements. (2) Rack configuration. Custom bicycle parking racks may be permitted subject to Planning Division approval. Custom racks shall meet the material and embedment specifications in this chapter. Custom racks in the form of signage or corporate logos shall not be permitted." PASSED and APPROVED this 15th day of December, 2009. APPROVED ATTEST: BYY441M By: Q7 ( 2 MONIELD JO N, Mayor SONDRA E. SMITH, City Clerk/Trea�WW11,,,,,, 0&1 Y p 0 SGp ; FAYETTEVILLE : :> 3 ' 9'�h'GT N r0.J?�� EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 1 of 4 172.04 Parking Lot Design Standards (B) Pedestrian access. Pedestrian access shall be (See: Illustration: Parking Dimension Factors) provided from the street to the entrance of the structure by way of designated pathway or (A) Maneuvering. Parking lots shall be designated, sidewalk. maintained, and regulated so that no parking or maneuvering incidental to parking will encroach (C) Build-to zone. No portion of any parking lot shall into the areas designated for sidewalks, streets, be located in a build-to zone. or required landscaping except as provided for in §172.07(B)(2). Parking lots shall be designed so (D) Compact spaces. A maximum of 35% of the total that parking and unparking can occur without spaces may be compact spaces. Compact moving other vehicles. Vehicles shall exit the spaces shall be marked either by marking on the parking lot in a forward motion. pavement or by separate marker. (E) Dimensional requirements. (See Table 1) TABLE 1 DIMENSIONAL REQUIREMENTS Angle Type Width Curb length One-way Two-way Stall depth (A) (In k.) lin R) aisle width aisle width lin IL) (B) (C) (in IL) (in IL) (E) D D 01 Standard 8 22.5 12 24 8 Parallel Compact 7.5 19.5 12 24 7.5 30° Standard 9 18 12 24 17 Compact 7.5 15 12 24 14 450 Standard 9 12.5 12 24 19 Compact 7.5 10.5 12 24 16 600 Standard 9 10.5 18 24 20 Compact 17.5 8.5 15 24 I 16.5 900 Standard 9 9 24 24 19 Compact 7.5 7.5 22 24 15 Motorcycle/Scooter 3 3 12-24 24 7.5 - 9 CD172:1 EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 2 of 4 DIMENSIONAL FACTORS LLu., Lath (0 . •ab m St.evt ao. ,w Parallel Parking to AN, C) �0'poe Cv0 Ltgth (0 primary access drive. Reduced throat lengths may be permitted for secondary access drives serving large developments. (F) Parking Lot Circulation. (1 ) Throat length. The length of driveways or Riot sMuld be — — — "throat length" shall be designed in ven to In and accordance with the anticipated storage Vitra Ic — — — — '— length for vehicles to prevent them from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site JThroat circulation. General standards appear a Length below, but these requirements may vary ® � according to the project volume of the individual driveway. These measures generally are acceptable for the principal access to a property and are not intended for minor driveways. Variation from these (2) Drive-through facilities. All uses that include standards may be permitted for good cause a drive-up window or are characterized by upon approval of the Zoning and patrons remaining in their vehicles to receive Development Administrator and City service shall meet the following on-site Engineer. stacking requirements in order to alleviate TABLE 2 traffic congestions: GENERALLY ADEQUATE (a) Restaurant, fast food: a minimum of four DRIVEWAY THROAT LENGTHS (4) spaces as measured from the drive- thru window Shopping Centers >200,000 GLA` 200 ft. (Signalized) 800 s aces Smaller (b) Vehicular washes: a minimum of two (2) spaces per car wash bay as measured Developments Q00,000 GLA` 75-96 ft. from the ba (Signalized) Y. Unsignalized -- 40-60 ft. (c) Pharmacies and financial institutions: a Dnvewa s minimum of four (4) spaces for one (1 ) drive-thru window, plus three (3) spaces `GLA-Gross leaseable area for each additional drive-lhru lane or automated teller machine (ATM), as Commentary. The throat lengths in Table 2 are provided to measured from each drive-thru window. assure adequate stacking space within parking lot driveways for general land use intensities. This helps prevent vehicles (d) Dry cleaning and laundry services: a from stacking into the thoroughfare as they attempt to enter minimum of two (2) spaces as the parking lot. High traffic generators, such as large measured from the drive-thru window. shopping plazas, need much greater throat length than smaller developments or those with unsignalized driveways. The guidelines here for larger developments refer to the CD172:2 EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 3 of 4 apply for a variance from these (3) Entrances and internal aisle design for requirements subject to Planning parking lots containing 8 parking spaces or Commission approval. less. The driveway width into parking lots shall meet the following requirements: Parking Lots With 8 Spaces or Less Driveway Dimensional (a) Entrances. Requirement One Way Access (i) One-way access to parking lots. If <100' 12' Minimum — 16' Maximum the driveway is a one-way in or Two Way Access one-way out, then the driveway <100' 12' Minimum - 24' Maximum width shall be a minimum of 12 feet 2 Drive Lanes 10' Minimum and a maximum of 16 feet. Parking >100' Driveway Each — 24' Maximum Total lots shall not be located more than Len th Drivewa Width 100 feet from the street right-of- Curb Radius 10' Minimum — 20' Maximum way. Commercial solid waste service is required. (ii) Two-way access to parking lots. (4) Entrances and internal aisle design for For two way access, the driveway parking lots containing 9 or more width shall be a minimum of 12 feet parking spaces. The driveway width and a maximum of 24 feet. Parking into parking lots shall meet the following lots shall not be located more than requirements: 100 feet from the street right-of- (a) Entrances. way. This standard shall only apply when a 2 yard dumpster is allowed. (i) One-way access to parking (iii) Driveway width requirements for lots. If the driveway is a one- parking lots located 100 feet or way in or one-way out, then the more from the street right-of-way. driveway width shall be a Two drive lanes a minimum width of minimum of 12 feet and a 10 feet each, up to a maximum maximum of 16 feet. combined width of 24 feet, shall be required for adequate parking lot (ii) Two-way access to parking access. lots. For two way access, the driveway width shall be a (iv) Curb radius. All driveway minimum 20 feet and amaximum width of 24 feet, entrances serving 8 or less parking unless otherwise required by spaces shall have a minimum curb the Fire Department. radius of 10 feet and a maximum of 20 feet. (iii) Collector and Arterial Streets. (b) Internal aisle design. Driveways that enter collector and arterial streets may be (i) Aisles shall be designed so that required to have two outbound lanes (one for each turning they intersect at 90 degrees with direction) and one inbound other aisles and driveways where lane for a maximum total practical. driveway width of 39 feet. (ii) Aisles shall be designed to discourage cut-through traffic by (iii) Curb radius. All driveways use of landscape islands, and shall serving 9 or more parking spaces shall have a curb meet the requirements of Chapter radius of 15 feet for curb cuts 177: Landscape Regulations. on local streets and a curb cut (iii) Aisles shall conform to the radius of 20 feet for collector, minor arterial and arterial dimensional requirements of streets. §172.04(C). (c) Variances. Development proposals (b) Internal aisle design. which do not meet these standards may CD172:3 EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 4 of 4 (i) Aisles shall be designed so (4) Parking lot location. Parking lots shall be that they intersect at 90 set back with a minimum of 35' of degrees with other aisles and undisturbed area required adjacent to driveways where practical. the street right-of-way. (ii) Aisles shall be designed to (5) Multifamily and non-residential uses. discourage cut-through Developers of multi-family and non- traffic by use of landscape residential uses in the Hillside Overlay islands, and shall meet the District are encouraged to refer to the requirements of Chapter Hillside Best Management Practices 177: Landscape Manual for guidance and direction in the Regulations. design of their project. (iii) Aisles shall conform to the (Ord. 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No. dimensional requirements 4917, 9-05-06; Ord. 5044, 8-07-07; Ord. 5079, 11-20- of §172.04(C). 07) (c) Waivers. Development proposals which do not meet these standards may apply for waiver from these requirements subject to Planning Commission approval. Parking Lots With 9 Spaces or More Driveway Dimensional Requirement 12' Minimum — 16' One Way Access Maximum 2 Drive Lanes 10' Minimum Each — 24' Maximum Total Two Way Access Driveway Width Collector/Arterial 3 Drive Lanes - Slreets Maximum of 39' Curb Radius - Local 15' Curb Radius - Collector/ Arterial 20' (G) Hillside/Hilltop Overlay District. (1) Separation of Parking Pads in Multi- Family, and Non-Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. (3) Maximum number of spaces per parking lot for multi-family and non-residential uses. Parking pads shall have a maximum of 30 spaces per pad. CD172:4 EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 1 of 4 172.05 Standards For The Number Of Main Street Center, and Downtown General Spaces By Use zoning districts. (A) Required parking. TABLE 3 PARKING RATIOS (1) Required number of spaces. A proposed use (Use/Required Spaces) shall conform to the established parking Residential ratios listed in Table 3. The minimum number of spaces required for a use not Sin le-famil , duplex, triplex 2 per dwellin unit specifically included in this section shall be Multi-famil or townhouse 1 ear bedroom as required for the most similar use listed or as otherwise determined by the Planning Commercial Division utilizing reference standards. For all Agricultural supply 1 per 500 sq. ft. of GFA parking space requirements resulting in a Amusement 1 per 200 sq. ft. of GFA fraction, the fraction shall be: Auditorium 1 per 4 seats Auto/motorcycle service 4 per each (a) rounded to the next higher whole stations enclosed service ba Bank 1 per 200 sq. ft. of GFA number when the fraction is 0.5 or Barber or beauty shop 2 per chair higher. Building/home improvement 1 per 500 sq. ft. of GFA supply (b) rounded to the next lower whole number Coin-operated laundry 1 per 3 machines when the fraction is less than 0.5. Dry cleaning 1 per 300 sq. ft. of retail area and 1 per employee (2) Change of use - existing structure. A change Hotels and motels 1 per guest room, plus 75% of use in an existing structure may be of spaces required for permitted if the use adequately meets the accessory uses. minimum parking ratio standards herein. A Furniture and carpet store 1 per 500 sq. ft. of GFA change of use shall not be penalized for Plant nursery 1 per 1 ,000 sq. ft of existing parking spaces that exceed the indoorloutdoor retail area required parking ratios included in this 1 per 100 sq. ft. GFA plus 4 Restaurants stacking spaces per drive- chapter. thru window. (3) Change of use — waiver. In Downtown Core, Retail 1 per 250 sq, ft. of GFA 1 per 200 sq. ft. of retail FA; Main Street Center, and Downtown General Retail fuel sales with spaces at pump islands are zoning districts, parking requirements are convenience stores counted toward this waived for any existing structure with a requirement change of use. New construction, razed 3 per each employee; buildings or enlarged buildings shall conform Retail fuel sales only spaces at pump islands are to the parking requirements of the City of counted toward this Fayetteville. For enlarged buildings, re uirement additional parking spaces will be calculated Office by the amount of square footage that is added. Medical/Dental office 1 per 250 sq. ft. of GFA Professional office 1 per 300 sq. ft. of GFA (4) Building footprint — waiver. In Downtown Sales office 1 per 200 sq. ft. of GFA Core, Main Street Center and Downtown General zoning districts, parking Public and Institutional Uses Nonprofit Commercial requirements are waived for the square 71ebrgallery, library,, museum 1 per 1 ,000 sq. ft. of GFA footage "footprint" of any building which1 per a seats, provided only existed and has been removed since auditorium space is counted October 1 , 1995, in order to rebuild. in determining parking 1 per employee plus on-site (5) Downtown Core, Main Street Center, and er, nursery loading and unloading Downtown General Zoning Districts spaces at a rate of 1 per 10 accessory outdoor use areas - Accessorychildren accommodated outdoor patios, balconies, decks, and other1 per 4 seats in the main similar outdoor use areas for restaurants and s institution auditorium or 1 per 40 sq. ft. bars shall be exempt from meeting off-street of assembly area, whichever parking requirements in the Downtown Core, rovides mores aces 11 College auditorium 1 a 4 seats CD172: 1 EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 2 of 4 College dormitory 1 per sleeping roombe avec College or university 1 per 500 sq. R. of Tennis court 2 er court classroom area Theater 1 per 4 seats Community center 1 per 250 sq. R. of GFA All other recreational uses 1 per 4 occu ants Cooperative housing 1 per 2 occupants Convalescent home, 1 per 2 beds Warehousing and Wholesale assisted living, nursing Warehousing 1 per 2,000 sq. R. of GFA home 111 Wholesale 1 per 1 ,000 sq. ft. of GFA Detention home 1 per 1 ,500 s . R. of GFA Center for collecting 1 per 1 ,000 sq. R. of GFA Elderly Housing 1 per 2 units recycled materials Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the (B) On-street parking. Permitted on-street parking business spaces adjacent to a project frontage may count Government facilities 1 per 500 square feet of toward the parking requirements for all floor area development, subject to approval by the Zoning Hospital 1 per bed and Development Administrator. Each on-street Convalescent home 1 per bed parking space provided may count toward the School—elementary and 1 per employee plus 1 space total required parking spaces for the junior high per classroom development. School—senior high 1 per employee plus 1 per 3 students based on design capacity, or 1 per 6 seats in (C) Off-street parking. auditorium or other places of assembly, whichever is (1 ) Motorcycle and scooter packing. In parking greater lots containing 25 parking spaces or more, Zoo 1 per 2,000 sq. ft. of land one (1 ) space for every 25 parking spaces of area the required number of parking spaces for a All other public and use or combination of uses shall be striped institutional uses (only 1 per 4 occupants auditorium space shall be as a motorcycle and scooter parking space. counted for churches, auditoriums, or group (2) Maximum number allowed. Developments occupancy space) may utilize the following increases tthe required spaces listed in Table 3 when the Manufacturing/Industrial following standards are met: 1 per 1 ,200 sq. ft. of GFA or Manufacturing one per employee, (a) Developments may increase the number whichever is greater of off-street parking spaces by 15% Heavy industrial 1 per 1 ,200 sq. ft. of GFA above the parking ratios listed in Table Extractive uses Adequate for all employees, 3. trucks, and equipment (b) Developments may increase the number Recreational Uses of off-street parking spaces by an Amusement park, miniature 1 per 1 ,000 sq. ft. of site additional 10% when alternative golf area stormwater treatment techniques are Bowling alley 6 perlane utilized, such as: Commercial recreation 1 per 200 sq. ft. of GFA Commercial recreation-large 1 per 1 ,000 sq. ft. of site (1) Bioswales sites area Dance hall, bar or tavern 1 per 50 sq. ft. of GFA, (II) constructed wetlands excluding kitchen Golf course 3 per hole (III) pervious pavement Golf driving range 1 per tee box Health club, gym 1 per 150 sq. R. of GFA Regional or community park 2 per acre of accessible (IV) other such techniques that aid in active and passive space improving water quality and quantity Neighborhood park None as approved by the City Engineer Private club or lodge 1 per 500 sq. R. of GFA or 1 per 3 occupants based on (c) Developments may increase the number the current adopted of off-street parking spaces by an Standard Building Code additional 5% when one (1), two-inch whichever is reater (2") caliper tree for every 10 additional Ridingstable 1 pe acre; not required to parking spaces is planted on-site in CD172:2 If EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 3 of 4 addition to all other landscaping (e) Reduced parking within mixed use requirements. developments. Parking requirements may be reduced where it can be (3) Reductions. Developments may utilize the determined that the peak parking following reductions to the required off-street demand of the existing or proposed parking ratios listed in Table 3 when the occupancy occur at different times following standards are met: (either daily or seasonally). Such arrangements are subject to the (a) Transit stops. Properties located within approval of the Planning Commission. a quarter (0.25) mile radius of a transit stop may further reduce the minimum off (i) Request for parking space street parking requirements by up to reduction. A shared parking plan fifteen percent (15%). must be prepared to the satisfaction of the Planning Commission (b) Motorcycle and scooter spaces. Up to showing that parking spaces most 10% of the required automobile parking conveniently serve the land uses spaces may be substituted with intended, directional signage is motorcycle/scooter parking at a rate of proved if appropriate, and one motorcycle/scooter space for one pedestrian links are direct and automobile space. clear. (c) Bike racks. Up to 10% of required (ii) Calculating parking space automobile parking may be substituted reductions. Parking space with bicycle parking at a rate of one reductions can be determined by a additional bicycle rack for one calculation using Table 4, Parking automobile space. This reduction shall Occupancy Rates. If the calculation be allowed in addition to other does show a parking space variances, reductions and shared regulation reduction to be feasible, parking agreements. the applicant shall submit a parking reduction worksheet showing the (d) Shared parking. Parking requirements process for calculating the may be shared where it can be reduction as outlined herein. The determined that the peak parking calculation using Table 4, demand of the existing or proposed Occupancy Rates shall be occupancy occur at different times conducted as follows: (either daily or seasonally). Such arrangements are subject to the a. Determine minimum spaces approval of the Planning Commission. required. The minimum number of parking spaces that (i) Shared parking between are to be provided and developments. Formal maintained for each use shall arrangements that share parking be determined by using Table between intermittent uses with 3, Parking Ratios. nonconflicting parking demands (e.g. a church and a bank) are b. Calculate occupancy rates. encouraged as a means to reduce The minimum number of the amount of parking required. parking spaces shall be multiplied by the "occupancy (ii) Shared parking agreements. If a rate' (the percentage) provided privately owned parking facility is to in Table 4, Parking Occupancy serve two or more separate Rates, for each use for the properties, then a "Shared Parking weekday night, daytime and Agreement" is to be filed with the evening periods, and weekend city for consideration by the night, daytime and evening Planning Commission. periods, respectively. (iii) Shared spaces. Individual spaces (iii) Sum parking spaces. Sum the identified on a site plan for shared parking spaces for the combined users shall not be shared by more uses for each time period. The than one user at the same time. number of parking spaces from the time period with the highest CD172:3 EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 4 of 4 calculated number of parking Wholesale 100% 1 20% 1 5% 1 5% 5% 5% spaces shall be the number of spaces required for the shared Recreation 40% 100% 10% 80% 100% 1 50% parking facility Specific Commercial Uses Hotel 70% 100% 100% 70% 100% 100% TABLE 4 Parking Occupancy Rates Restaurant 70% 100% 10% 70% 100% 20% Percent of basic minimum needed durinq timeperiod) Theater 40% 80% 10% 60% 100% 10% Sat& Sat. Sat. Conference/ M-FM-F MF Sun. & & Convention 100% 100% 5% 100% 100% 5% Uses 8am- bpm- ;am. 8am- Sun. Sun. Source: Shared Parking Planning Guidelines, Institute of 5pm 12am 6am 5pm bpm- 12am Transportation Engineers. 5 m - 6am Land Use Categories 'Some specific uses have different occupancy rates. Check under 'Specific Commercial Uses' with the rest of the table. Residential 60% 100% 100% 80% 100% 100% (4) Increases or reductions in excess of those Commercial* 90% 80% 5% 100% 70% 5% identified herein shall be allowed only as a office 100% 20% 5% 5% 5% 5% conditional use and shall be granted in Public & accordance with Chapter 163, governing Institutional 100% 20% 5% 10% 10% 5% applications of conditional uses, procedures, Uses (non- and upon the finding that the increase or church reduction is needed. Public & Institutional 10% 5% 5% 100% 50% 5% (Ord. 4567, 05-04-04; Ord. 4930, 10-03-06; Ord. 5118, 3-18- Uses chumh Manufacturing/ 08) Industrial 100% 60% 40% 50% 30% 10% Warehouse/ CD172:4 if 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 Dara Sanders Planning Development Services Submitted By Division Department Action Required: ADM 09-3463: (UDC CH. 172 PARKING AMENDMENT): Submitted by City Planning Staff. The request is to amend Chapters 161 and 172 of the Unified Development Code (UDC) to revise required parking ratios and regulations. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached IA t tPrevious Ordinance or Resolution # Departm tDire r ilDate Original Contract Date: Original Contract Number: QCityAftrnevo�� Date Finance and Internal Services Director Date Received in City LIP Clerk's Office 30 e Chi f of Sta Date QfflffREDReceived in Mayor's Office L`IrAayo(� lD! te Comments: Revised January 15. 2009 City Council Meeting of December 15, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Director of Development Services From : Data Sanders, Current Planner Date: November 24, 2009 Subject: UDC Chapter 172 Amendments (ADM 09-3463) BACKGROUND City Planning Staff is responsible for administering the parking and loading requirements of the Unified Development Code, Chapter 172 and has noted specific allowances and requirements that do not benefit development in the City or work toward achieving the goals and objectives of City Plan 2025 . Staff finds that the current parking ratios, regulations, and allowances do not adequately promote the use of or accommodate the needs of alternative forms of transportation (walking, bike, motorcycle, scooter, or bus) nor are they consistent with Fayetteville's peer cities. Minor amendments proposed include the addition of parking ratio and vehicular stacking requirements and elimination of unnecessary regulation; however, staff proposes significant revisions for on-street parking, off-street parking, and variations in the parking requirements. PROPOSAL Staff proposes to amend two (2) chapters of the UDC regarding parking requirements and regulations as summarized below and attached in full to this staff report: UDC Subject Proposed Changes 161 .20- Downtown Relocated parking regulations from the zoning chapter to Chapter 172 161 .22 zoning districts 161 .28 Design Overlay Relocated pedestrian access requirement to Chapter 172 for applicability District to all development in the City. 172 .03 Accessibility Eliminated the date from the reference to the American's with Disabilities Act 172.04 Parking lot design Inserted pedestrian access requirements, build-to zone parking standards requirements from Chapter 161 . Added motorcycle/scooter dimensional requirements and vehicular stacking requirements for drive-through facilities. Corrected an error in the driveway dimension requirements for parking City Council Meeting of December 15, 2009 Agenda Item Number lots with 9 spaces or more. 172.05 Standards for the Stated the requirement to conform to the parking ratios listed in Table 3 number of spaces and established a rounding rule. by use Revised the change of use in an existing structure language. Added, reorganized, and revised uses and parking ratios to Table 3 based on research of established standards and practices of peer cities. Substituted the maximum/minimum number allowed by right with various options for increases and reductions to the parking ratios. Inserted the on -street parking allowance. Removed the shared parking language to be included in another section and replaced with off-street parking requirements Inserted motorcycle/scooter parking ratio requirement, maximum number of off-street parking allowed, and permitted reductions from the required off-street parking. Relocated the "reduced parking within mixed use developments" and additional bike rack allowances 172.09 Off-street loading Removed the requirements for off-street 172.10 Bicycle parking Changed the threshold for requiring a bike rack rack requirements Relocated the reduction allowance to 172.05 Revised the rack configuration requirements to allow for custom bike rack subject to Planning Division approval. The ordinance amendments are highlighted and attached to the staff report. RECOMMENDATION Staff recommends approval of the proposed amendments to Chapters 161 and 172 of the UDC. This item was heard at the November 9, 2009 Planning Commission meeting and forwarded to the City Council with a unanimous recommendation for approval (6-0-0). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 161: ZONING REGULATIONS AND 172: PARKING AND LOADING IN ORDER TO UPDATE AND MODIFY EXISTING REQUIREMENTS AND REGULATIONS THAT ADDRESS THE PARKING NEEDS OF ALL FORMS OF TRANSPORTATION, PROVIDE ADDITIONAL PARKING RATIOS, AND TO ELIMINATE UNNECESSARY REGULATION. WHEREAS, certain sections of the City of Fayetteville Unified Development Code Chapter 172: Parking and Loading does not work toward achieving the goals and objectives of City Plan 2025; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to promote the use of and accommodation for the needs of alternative forms of transportation; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to benefit the citizens and environment; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide additional parking ratios and eliminate unnecessary regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 161.20(H), § 161.21(H), and § 161.22(H) of the Unified Development Code. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §161.28(D)(9)(a) of the Unified Development Code and renumbers the sub -section accordingly. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §172.03(D) of the Unified Development Code and enacts a replacement §172.03(D) as follows: "§172.03 (D) Signage. Accessible parking spaces for persons with disabilities shall be identified with signs in accordance with the current federal statute of the Americans with Disabilities Act (ADA). Curb ramps shall be provided in accordance with the Americans with Disabilities Act (ADA) wherever an accessible route crosses a curb in the parking lot." TITLE XV. UNIFIED DEVELOPMENT CODE Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals §172.04 Parking Lot Design Standards of the Unified Development Code and enacts a replacement § 172.04 as shown in Exhibit "A" attached hereto. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §172.05 Standards for the Number of Spaces by Use of the Unified Development Code and enacts a replacement § 172.05 as shown in Exhibit "B" attached hereto. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.09 Off -Street Loading and enacts a replacement § 172.09 as follows: "§172.09 Off -Street Loading. In all districts, accessory off-street loading berths, open or enclosed, shall be so arranged so that parking and maneuvering will occur on private property." Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends §172.10 (A) and (B) to require all new construction that requires five (5) or more parking spaces to provide bicycle parking in accordance with the adopted standards. Section 8. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 172.10(F) Variations in requirements and enacts a replacement § 172.10(F) as follows: "§ 172.10(F) Variations in requirements. (I) Shared bicycle parking. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements. (2) Rack configuration. Custom bicycle parking racks may be permitted subject to Planning Division approval. Custom racks shall meet the material and embedment specifications in this chapter. Custom racks in the form of signage or corporate logos shall not be permitted." PASSED and APPROVED this the _ day of , 2009. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 1 of 4 172.04 Parking Lot Design Standards (See: Illustration: Parking Dimension Factors) (A) Maneuvering. Parking lots shall be designated, maintained, and regulated so that no parking or maneuvering incidental to parking will encroach into the areas designated for sidewalks, streets, or required landscaping except as provided for in §172.07(B)(2). Parking lots shall be designed so that parking and unparking can occur without moving other vehicles. Vehicles shall exit the parking lot in a forward motion. (B) Pedestrian access. Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (C) Build -to zone. No portion of any parking lot shall be located in a build -to zone. (D) Compact spaces. A maximum of 35% of the total spaces may be compact spaces. Compact spaces shall be marked either by marking on the pavement or by separate marker. (E) Dimensional requirements. (See Table 1) TABLE I DIMENSIONAL REQUIREMENTS Angle (A) Type Width (in ft.) (B) Curb length (in ft.) (C) One-way aisle width (in ft) (D) Two-way aisle width (in tt) (D) Stall depth (in ft) (E) 0° Standard 8 22.5 12 24 8 Parallel Compact 7.5 19.5 12 24 7.5 30° Standard 9 18 12 24 17 Compact 7.5 15 12 24 14 45° Standard 9 12.5 12 24 19 Compact 7.5 10.5 12 24 16 60° Standard 9 10.5 18 24 20 Compact 7.5 8.5 15 24 16.5 90° Standard 9 9 24 24 19 Compact 7.5 7.5 22 24 15 Motorcycle/Scooter 3 3 12-24 24 7.5-9 CD172:1 EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 2 of 4 DIMENSIONAL FACTORS 0 [✓a Ligtn !O Ite' +t• e - J .\ aI vro,. ,a e, o I Y' Sao °a L _Lf 4b e• $VRt airy t01 to "sLeo.ii d ;b Prgne2Ne- to ....e Np,n 10 (F) Parking Lot Circulation. (1) Throat length. The length of driveways or "throat length" shall be designed in accordance with the anticipated storage length for vehicles to prevent them from backing into the flow of traffic on the public street or causing unsafe conflicts with on -site circulation. General standards appear below, but these requirements may vary according to the project volume of the individual driveway. These measures generally are acceptable for the principal access to a property and are not intended for minor driveways. Variation from these standards may be permitted for good cause upon approval of the Zoning and Development Administrator and City Engineer. TABLE 2 GENERALLY ADEQUATE DRIVEWAY THROAT LENGTHS Shopping Centers >200,000 GLA 200 ft. (Signalized) 800 spaces Smaller Developments <200,000 GLA* 75-95 ft. (Signalized) Unsignalized -- 40-60 ft. Driveways 'GLA-Gross leaseable area Commentary The throat lengths in Table 2 are provided to assure adequate stacking space within parking lot driveways for general land use intensities. This helps prevent vehicles from stacking into the thoroughfare as they attempt to enter the parking lot. High traffic generators, such as large shopping plazas, need much greater throat length than smaller developments or those with unsignalized driveways. The guidelines here for larger developments refer to the CD172:2 Parallel Parkng primary access drive. Reduced throat lengths may be permitted for secondary access drives serving large developments. (2) Drive -through facilities. All uses that include a drive -up window or are characterized by patrons remaining in their vehicles to receive service shall meet the following on -site stacking requirements in order to alleviate traffic congestions: (a) Restaurant, fast food: a minimum of four (4) spaces as measured from the drive- thru window (b) Vehicular washes: a minimum of two (2) spaces per car wash bay as measured from the bay. (c) Pharmacies and financial institutions: a minimum of four (4) spaces for one (1) drive-thru window, plus three (3) spaces for each additional drive-thru lane or automated teller machine (ATM), as measured from each drive-thru window. (d) Dry cleaning and laundry services: a minimum of two (2) spaces as measured from the drive-thru window. EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 3 of 4 (3) Entrances and internal aisle design for parking lots containing 8 parking spaces or less. The driveway width into parking lots shall meet the following requirements: (a) Entrances. (i) One-way access to parking lots. If the driveway is a one-way in or one-way out, then the driveway width shall be a minimum of 12 feet and a maximum of 16 feet. Parking lots shall not be located more than 100 feet from the street right-of- way. Commercial solid waste service is required. apply for a variance from these requirements subject to Planning Commission approval. Parking Lots With 8 Spaces or Less Driveway Dimensional Requirement One Way Access <100 12' Minimum — 16' Maximum Two Way Access <100' 12' Minimum - 24' Maximum 2 Drive Lanes 10' Minimum >100' Driveway Each —24' Maximum Total Length Driveway Width Curb Radius 10' Minimum —20' Maximum (ii) Two-way access to parking lots. (4) Entrances and internal aisle design for For two way access, the driveway parking lots containing 9 or more width shall be a minimum of 12 feet parking spaces. The driveway width and a maximum of 24 feet. Parking into parking lots shall meet the following lots shall not be located more than requirements: 100 feet from the street right -of- way. This standard shall only apply (a) Entrances. when a 2 yard dumpster is allowed. (i) One-way access to parking (iii) Driveway width requirements for lots. If the driveway is a one - parking lots located 100 feet or way in or one-way out, then the more from the street right-of-way. driveway width shall be a Two drive lanes a minimum width of minimum of 12 feet and a 10 feet each, up to a maximum maximum of 16 feet. combined width of 24 feet, shall be required for adequate parking lot (ii) Two-way access to parking access. Jots. For two way access, the driveway width shall be a (iv) Curb radius. All driveway minimum 20 feet and a entrances serving 8 or less parking maximum width of 24 feet, spaces shall have a minimum curb unless otherwise required by radius of 10 feet and a maximum of the Fire Department. 20 feet. (iii) Collector and Arterial Streets. (b) Internal aisle design. Driveways that enter collector and arterial streets may be required to have two outbound (i) Aisles shall be designed so that lanes (one for each turning they intersect at 90 degrees with direction) and one inbound other aisles and driveways where lane for a maximum total practical. driveway width of 39 feet. (ii) Aisles shall be designed to (iii) Curb radius. All driveways discourage cut -through traffic by serving 9 or more parking use of landscape islands, and shall spaces shall have a curb meet the requirements of Chapter radius of. 15 feet for curb cuts 177: Landscape Regulations. on local streets and a curb cut radius of 20 feet for collector, (iii) Aisles shall conform to the minor arterial and arterial dimensional requirements of streets. §172.04(C). (b) Internal aisle design. (c) Variances. Development proposals which do not meet these standards may CD172:3 EXHIBIT A ADM 09-3463 UDC Ch. 172 Parking & Loading Page 4 of 4 (i) Aisles shall be designed so (4) Parking lot location. Parking lots shall be that they intersect at 90 set back with a minimum of 35' of degrees with other aisles and undisturbed area required adjacent to driveways where practical. the street right-of-way. (ii) Aisles shall be designed to (5) Multifamily and non-residential uses. discourage cut -through Developers of multi -family and non - traffic by use of landscape residential uses in the Hillside Overlay islands, and shall meet the District are encouraged to refer to the requirements of Chapter Hillside Best Management Practices 177: Landscape Manual for guidance and direction in the Regulations. design of their project. (iii) Aisles shall conform to the (Ord. 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No. dimensional requirements 4917, 9-05-06; Ord. 5044, 8-07-07; Ord. 5079, 11 -20 - of §172.04(C). 07) (c) Waivers. Development proposals which do not meet these standards may apply for waiver from these requirements subject to Planning Commission approval. Parking Lots With 9 Spaces or More Driveway Dimensional Requirement 12' Minimum — 16' One Way Access Maximum 2 Drive Lanes 10' Minimum Each — 24' Maximum Total Two Way Access Driveway Width Collector/Arterial 3 Drive Lanes - Streets Maximum of 39' Curb Radius - Local 15 Curb Radius - Collector/ Arterial 20' (G) Hillside/Hilltop Overlay District. (1) Separation of Parking Pads in Multi - Family, and Non -Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. (3) Maximum number of spaces per parking lot for multi -family and non-residential uses. Parking pads shall have a maximum of 30 spaces per pad. CD172:4 EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 1 of 4 172.05 Standards For The Number Of Main Street Center, and Downtown General Spaces By Use zoning districts. (A) Required parking. (1) Required number of spaces. A proposed use shall conform to the established parking ratios listed in Table 3. The minimum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. For all parking space requirements resulting in a fraction, the fraction shall be: (a) rounded to the• next higher whole number when the fraction is 0.5 or higher. (b) rounded to the next lower whole number when the fraction is less than 0.5. (2) Change of use - existing structure. A change of use in an existing structure may be permitted if the use adequately meets the minimum parking ratio standards herein. A change of use shall not be penalized for existing parking spaces that exceed the required parking ratios included in this chapter. (3) Change of use — waiver. In Downtown Core, Main Street Center, and Downtown General zoning districts, parking requirements are waived for any existing structure with a change of use. New construction, razed buildings or enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For enlarged buildings, additional parking spaces will be calculated by the amount of square footage that is added. (4) Building footprint — waiver. In Downtown Core, Main Street Center and Downtown General zoning districts, parking requirements are waived for the square footage "footprint" of any building which existed and has been removed since October 1, 1995, in order to rebuild. (5) Downtown Core, Main Street Center, and Downtown General Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the Downtown Core, TABLE 3 PARKING RATIOS (Use/Required Spaces) Residential Single-family, duplex, triplex 2 per dwelling unit Multi -family or townhouse 1 per bedroom Commercial Agricultural supply 1 per 500 sq. ft. of GFA Amusement 1 per 200 sq. ft. of GFA Auditorium 1 per 4 seats Auto/motorcycle service 4 per each stations enclosed service bay Bank 1 per 200 sq. ft. of GFA Barber or beauty shop 2 per chair Building/ home improvement 1 per 500 sq. ft. of GFA supply Coin -operated laundry 1 per 3 machines Dry cleaning 1 per 300 sq. ft. of retail area and 1 per employee Hotels and motels 1 per guest room, plus 75% of spaces required for accessory uses. Furniture and carpet store 1 per 500 sq. ft. of GFA Plant nursery 1 per 1,000 sq. ft of indoor/outdoor retail area 1 per 100 sq. ft. GFA plus 4 Restaurants stacking spaces per drive- thru window. Retail 1 per 250 sq. ft. of GFA 1 per 200 sq. ft. of retail FA; Retail fuel sales with spaces at pump islands are convenience stores counted toward this requirement 3 per each employee; Retail fuel sales only spaces at pump islands are counted toward this requirement Office MedicaVDental office 1 per 250 sq. ft. of GFA Professional office 1 per 300 sq. ft. of GFA Sales office 1 per 200 sq. ft. of GFA Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 sq. ft. of GFA 1 per 4 seats, provided only Auditorium auditorium space is counted in determining arkin 1 per employee plus on -site Child care center, nursery loading and unloading school spaces at a rate of 1 per 10 children accommodated 1 per 4 seats in the main Church/religious institution auditorium or 1 per 40 sq. ft. of assembly area, whichever provides more spaces College auditorium 1 per 4 seats CD1 72:1 EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 2 of 4 College dormitory 1 per sleeping room College or university 1 per 500 sq. ft. of classroom area Community center 1 per 250 sq. ft. of GFA Cooperative housing 1 per 2 occupants Convalescent home, I per 2 beds assisted living, nursing horn Detention home 1 per 1,500 sq. ft. of GFA Elderly Housing I per 2 units Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the business Government facilities 1 per 500 square feet of Floor area Hospital 1 per bed Convalescent home 1 per bed School —elementary and 1 per employee plus 1 space junior high per classroom School —senior high 1 per employee plus 1 per 3 students based on design capacity, or 1 per 6 seats in auditorium or other places of assembly, whichever is greater Zoo 1 per 2,000 sq. ft. of land area All other public and institutional uses (only 1 per 4 occupants auditorium space shall be counted for churches, auditoriums, or group occupancy space) Manufactu ringll ndustria I I per 1,200 sq. ft. of GFA or Manufacturing one per employee, whichever is greater Heavy industrial 1 per 1,200 sq. ft. of GFA Extractive uses Adequate for all employees, trucks, and equipment Recreational Uses Amusement park, miniature 1 per 1,000 sq. ft. of site golf area Bowling alley 6 per lane Commercial recreation 1 per 200 sq. ft. of GFA Commercial recreation -large 1 per 1,000 sq. ft. of site sites area Dance hall, bar or tavern 1 per 50 sq. ft. of GFA, excluding kitchen Golf course 3 per hole Golf driving range 1 per tee box Health club, gym 1 per 150 sq. ft. of GFA Regional or community park 2 per acre of accessible active and assive s ace Neighborhood park None Private club or lodge I per 500 sq. ft. of GFA or 1 per 3 occupants based on the current adopted Standard Building Code whichever is greater Riding stable 1 per acre; not required to be paved Tennis court 2 per court Theater 1 per 4 seats All other recreational uses I per 4 occupants Warehousing and Wholesale Warehousing 1 per 2,000 sq. ft. of GFA Wholesale 1 per 1,000 sq. ft. of GFA Center for collecting recycled materials 1 per 1,000 sq. ft. of GFA CD172:2 (B) On -street parking. Permitted on -street parking spaces adjacent to a project frontage may count toward the parking requirements for all development, subject to approval by the Zoning and Development Administrator. Each on -street parking space provided may count toward the total required parking spaces for the development. (C) Off-street parking. (1) Motorcycle and scooter parking. In parking lots containing 25 parking spaces or more, one (1) space for every 25 parking spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (2) Maximum number allowed. Developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: (I) Bioswales (II) constructed wetlands (III) pervious pavement (IV) other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) Developments may increase the number of off-street parking spaces by an additional 5% when one (1), two-inch (2") caliper tree for every 10 additional parking spaces is planted on -site in EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 3 of 4 addition to all other landscaping (e) Reduced parking within mixed use requirements. developments. Parking requirements may be reduced where it can be (3) Reductions. Developments may utilize the determined that the peak parking following reductions to the required off-street demand of the existing or proposed parking ratios listed in Table 3 when the occupancy occur at different times following standards are met: (either daily or seasonally). Such arrangements are subject to the (a) Transit stops. Properties located within approval of the Planning Commission. a quarter (0.25) mile radius of a transit stop may further reduce the minimum off (i) Request for parking space street parking requirements by up to reduction. A shared parking plan fifteen percent (15%). must be prepared to the satisfaction of the Planning Commission (b) Motorcycle and scooter spaces. Up to showing that parking spaces most 10% of the required automobile parking conveniently serve the land uses spaces may be substituted with intended, directional signage is motorcycle/scooter parking at a rate of proved if appropriate, and one motorcycle/scooter space for one pedestrian links are direct and automobile space. clear. (c) Bike racks. Up to 10% of required (ii) Calculating parking space automobile parking may be substituted reductions. Parking space with bicycle parking at a rate of one reductions can be determined by a additional bicycle rack for one calculation using Table 4, Parking automobile space. This reduction shall Occupancy Rates. If the calculation be allowed in addition to other does show a parking space variances, reductions and shared regulation reduction to be feasible, parking agreements. the applicant shall submit a parking reduction worksheet showing the (d) Shared parking. Parking requirements process for calculating the may be shared where it can be reduction as outlined herein. The determined that the peak parking calculation using Table 4, demand of the existing or proposed Occupancy Rates shall be occupancy occur at different times conducted as follows: (either daily or seasonally). Such arrangements are subject to the a. Determine minimum spaces approval of the Planning Commission. required. The minimum number of parking spaces that (i) Shared parking between are to be provided and developments. Formal maintained for each use shall arrangements that share parking be determined by using Table between intermittent uses with 3, Parking Ratios. nonconflicting parking demands (e.g. a church and a bank) are b. Calculate occupancy rates. encouraged as a means to reduce The minimum number of the amount of parking required. parking spaces shall be multiplied by the "occupancy (ii) Shared parking agreements. If a rate" (the percentage) provided privately owned parking facility is to in Table 4, Parking Occupancy serve two or more separate Rates, for each use for the properties, then a "Shared Parking weekday night, daytime and Agreement" is to be filed with the evening periods, and weekend city for consideration by the night, daytime and evening Planning Commission. periods, respectively. (iii) Shared spaces. Individual spaces (iii) Sum parking spaces. Sum the identified on a site plan for shared parking spaces for the combined users shall not be shared by more uses for each time period. The than one user at the same time. number of parking spaces from the time period with the highest CD172:3 EXHIBIT B ADM 09-3463 UDC Ch. 172 Parking & Loading Page 4 of 4 calculated number of parking spaces shall be the number of spaces required for the shared parking facility TABLE 4 Parking Occupancy Rates (Percent of basic minimum needed during time period) Sat.& Sat. Sat. M -F M -F M -F Sun. & & Uses Sam- 6pm- 12am- 8am- Sun. Sun. 5pm 12am Gam 5pm 6pm- 12am 5pm - 6am Land Use Categories Residential 60% 100% 100% 80% 100% 100% Commercial' 90% 80% 5% 100% 70% 5% Office 100% 20% 5% 5% 5% 5% Public & Institutional 100% 20% 5% 10% 10% 5% Uses (non - church) Public & Institutional 10% 5% 5% 100% 50% 5% Uses church Manufacturing/ Industrial 100% 60% 40% 50% 30% 10% Warehouse/ Wholesale 100% 20% 5% 5% 5% 5% Recreation 40% 100% 10% 80% 100% 50% Specific Commercial Uses Hotel 70% 100% 100% 70% 100% 100% Restaurant 70% 100% 10% 70% 100% 20% Theater 40% 80% 10% 80% 100% 10% Conference/ Convention 100% 100% 5% 100% 100% 5% CD172:4 Source: Shared Parkins Planning Guidelines. Institute of Transportation Engineers. Some specific uses have different occupancy rates. Check under -Specific Commercial Useswith the rest of the table. (4) Increases or reductions in excess of those identified herein shall be allowed only as a conditional use and shall be granted in accordance with Chapter 163, governing applications of conditional uses, procedures, and upon the finding that the increase or reduction is needed. (Ord. 4567, 05-04-04; Ord. 4930, 10-03-06; Ord. 5118, 3-18- 08) MACLK-uP coP' TITLE XV UNIFIED DEVELOPMENT CODE Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None (E) Setback regulations. Central Business Shopping District Center Front 5 ft. 25 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. 50 ft. Side None None Side, when contiguous to a residential district 10 ft. 25 ft. Rear, without easement or alley 15 ft. 25 ft. Rear, from center line of a public alley 10 ft. 10 ft. (F) Height regulations. Maximum height is six stories or 84feet whichever is less. Above four stories, there shall be a stepback of the building's principal facade of at least fifteen feet. The height shall be measured from the mean elevation of the finished grade or sidewalk at the frontage line, whichever is higher, to the eave of the roof or cornice for a building with a parapet. Buildings already in existence or for which a Large Scale Development or Planned Zoning District has been fully approved prior to the date of passage of this ordinance shall be grandfathered in and not be considered as nonconforming structures as a result of the passage of this ordinance. (Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; 4863. 5-02-06; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08) 161.20 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and Services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone CD161:15 that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or alley Rear, from center line 12 ft. of an easement or alley Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (F) Minimum buildable street frontage. 80% of lot (2) Conditional uses. width. (G) Height regulations. Maximum height is 12 stories or 168 feet which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6- 08) 161.21 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline services stations and drive in restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. I Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a fine 25 ft. from the front property line. Side, internal None Rear, without easement 5 ft. or alley Rear, from center line of 12 ft. an easement or alley CD161:16 TITLE XV UNIFIED DEVELOPMENT CODE (F) Minimum buildable street frontage. 75% of lot width. (G) Height Regulations. A building or a portion of a building that is located between. 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 4 stories or 56 feet, whichever is less. A building or a portion of a building that is located 15 feet or greater from the front property line or any master street plan right-of-way line shall have a maximum height of 6 stories or 84 feet, which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8-07- 07; Ord. 5195, 11-6-08) (1) Lot width minimum. 161.22 Downtown General. (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal fa�ade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or alley Rear, from center line 12 ft. .of an easement or alley (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. Note: Any combination of above uses is permitted (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07) upon any lot within this zone. Conditional uses shall need uses, approval when combined with pre -approved 161.23 Neighborhood Conservation (2) Conditional uses. CD161:17 Unit 5 Government facilities II (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right-of-wayand the buildin 50 ft. Side 20 ft. Side, when contiguous to a residential district 25 ft. Rear 25 ft. Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P-1 Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot. (Code 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29- 70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16- 98; Ord. No. 4178, 8-31-99; Ord. 5073, 11-06-07; Ord. 5195, 11.6-08) 161.27 District E-1, Extraction (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, clay, silt, gravel, rock, and any mineral where such removal may cause groundwater problems, noise, dust, traffic problems, erosion, and safety concerns. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 30 Extractive uses (2) Conditional uses. (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Lot width The proposed development shall minimum have at least 200 feet of frontage on a state road or other adequate means of access compatible with sound land use planning principles. (2) Lot area minimum. Lot area 10 acres minimum (E) Setback regulations. From all property lines (including street frontage) 200 ft. when contiguous to all R districts From all property lines (including street frontage) 100 ft. when contiguous to P, A, C, and I districts (Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99) 161.28 Design Overlay District (1-540 Highway Corridor) (A) Purpose. The purpose of establishing a Design Overlay District for the 1-540 Highway Corridor is as follows: (1) To protect and enhance the distinctive scenic quality of the 1-540 Highway Corridor by providing for nonresidential developments which will maximize preservation and enhancement of the natural, rural, and open character of the terrain and foliage. (2) To address the issues of traffic and safety (3) To address environmental concerns which include, but are not limited to, soil erosion, vegetation preservation, drainage and heat islands. (4) To preserve and value and viability near the Overlay Highway Corridor. enhance the economic of property within and District for the 1-540 CD161:20 TITLE XV UNIFIED DEVELOPMENT CODE (B) Overlay District boundaries. The Overlay District encompasses all lands lying within 660 feet of each side of the rightof-way of 1-540 from the intersection of 1-540 and State Highway 471 (a/k/a 71B) north to the city limits of Fayetteville, (a/k/a the the 71 Bypass and/or John Paul _--- 25o'q Hammerschmidt Expressway), and also that portion known as State Highway 471S described more fully as tshat portion t State Highway71(/k/ Curb Cuts Must be which connects 1-540 to State Highway 471 (a/k/a at Least 250from North College) and all future extensions of 1-540 Intersection within the City of Fayetteville. Said boundaries are set out on the official plat pages along with a legal description of such boundaries located in the Planning Division. (4) Exterior appearance. All structures shall be (C) Application of Overlay District: Regulations and architecturally designed to have front facades facing all street and highway right - contained ca. The shall regulations apply to and standards denof-way. An elevation drawing shall be ropeherein (including, apply to all limited to newtial submitted for each side of the building that properties, ,located but not to new faces a street or highway. development), located within the Overlay District boundaries. Such regulations and standards (5) Building material. Buildings shall be shall be in addition to and shall overlay all other constructed of wood, masonry, or natural ordinance regulations and standards, including, looking materials. No structures shall be but not limited to nonresidential zoning district allowed that have metal side walls UNLESS and signage regulations and standards. Should such metal siding is similar in appearance to the regulations and standards of the underlying wood, masonry, or natural looking material. and Overlay District conflict, the Overlay District regulations and standards shall control. o (6) Site coverage. Twenty-five percent (25%) of (D) Nonresidential site design and development the site shall be left in open space. Eighty standards, percent (80%) of the open space shall be landscaped which may include ponds and (1) Greenspace. A minimum of 25 feet of fountains. landscaped greenspace exclusive of right-of- way shall be provided along the highway (7) Optional fencing. All fencing shall be right-of-way and any public street to which constructed of wood, masonry, or natural the development has frontage. Parking lots looking materials. No optional fencing shall shall not encroach into the greenspace and be located within the greenspace required by shall be screened when abutting a required Section (D)(1). No metal fencing shall be greenspace area. Trees shall be planted at allowed except in the following cases: the interval of one tree per 30 linear feet of (a) Wrought iron fencing. greenspace area when practicable. (2) Signs (b) If other types of metal fencing are necessary, for security purposes, they (a) The only permitted free standing signs may be used if the area is first fenced shall be monument signs. Only indirect off with a view obscuring natural or lighting may be used for illumination of natural looking fencing material. The all signs. metal fencing shall be placed inside the view obscuring fencing, and the view (b) All signs shall otherwise comply with obscuring fencing shall be at least the Chapter 174 Signs and any variance height of the metal fencing. shall be considered pursuant to § 156.06 of the Unified Development Code. (3) Curb cuts. One curb shall be allowed per 200 feet of frontage. No curb cuts shall be allowed within 250 feet of any intersection. CD161:21 O 0 O O G p Pwkma Lat Fendna Sidewalk or Trail -Residential (8) Outdoor storage of material and equipment. All outdoor storage of material and equipment shall be screened with natural (E) Nonresidential developments and multiple vegetation, building sites. In the case of nonresidential development involving multiple building sites, (9) Access. whether on one or more platted lots, the above - described regulations shall apply to the (a) Podottriar. Podoctrian accost shall bo development as an entire tract rather than to each platted lot. trail or cidewatk. (F) Large scale development. All nonresidential development within the Design Overlay District shall be reviewed through the large scale (b) Multi -modal. Multi -modal access may development procedure and shall meet all those be required on nonresidential sites requirements regulating large scale within the Design Overlay District. (For developments regardless of the size of the tract. example: The provision of bus stops, bicycle racks, parking stalls for car (G) Exemptions. pools, and bicycle and pedestrian walks and trails). (1) Undeveloped or partially developed lots in nonresidential subdivisions lying within the Design Overlay District for 1-540 Highway Corridor which have received preliminary or final approval as nonresidential subdivision prior to June 28, 1994, are hereby exempt Bike Rack from compliance with Ordinance No. 3806 (§ 161.21). (2) Owners of lots within nonresidential subdivisions which obtained preliminary or final approval as nonresidential subdivisions prior to June 28, 1994, and not included in the specifically exempted properties may apply for an exemption to the Fayetteville Zoning and Development Administrator. The Zoning and Development Administrator shall respond to the application in writing within 10 working days of the receipt of the application. us Stop Nidewalk Multi Access (3) Completed development upon property modal subject to such exemption not in compliance with the standards set forth in Ordinance No. 3806 (§ 161.21) shall be considered pre- existing conforming structures. (4) Nothing contained herein shall limit or prohibit property owners from utilizing the variance provisions contained in Ordinance No. 3806 (§ 161.21). CD161:22 CHAPTER 172: PARKING AND LOADING 172.01 Purpose The regulations of this section are intended to reinforce community standards and to promote safe and attractive parking lots for new, redeveloped, and expanded development within the city. The size, number, design, landscaping, and location of parking lots are regulated in order to: (A) Provide for the safe and orderly circulation of motor vehicles within parking lots; (B) Provide safe ingress and egress to parking lots from public and private streets; (C) Protect adjoining properties from the adverse impacts associated with parking lots such as noise, lighting, appearance, drainage, and effect on property values; (D) Provide adequate areas for off-street parking and storage of motor vehicles, while at the same time preventing over -supply of parking in mixed -use circumstances; and, (E) Enhance the appearance of parking lots in all zoning districts. 172.02 Parking Lot Construction Standards (A) Permits and plan. For parking lots containing five (5) or more spaces, building, and grading permits and site and grading plans shall be required prior to any initiation of work. (B) Surfacing. Parking lots shall be asphalt, semi- permeable soil pavers, or concrete, graded and drained to dispose of surface water into appropriate structures. (C) Barriers. Parking lots shall be provided with wheel guards or curbs so located that no part of a parked vehicle will extend into or over the sidewalks, property lines, or street right-of-way. (D) Striping and marking. Parking lots spaces shall be striped to indicate the location of the individual spaces, directional arrows shall be provided at the entrance of aisles and entry drives, and accessible spaces shall be marked meeting current Americans with Disabilities Act (ADA) requirements. Such striping and marking shall be in accordance with the Manual on Uniform Traffic Control Devices. 172.03 Accessibility (A) ADA reference. Accessibility for persons with disabilities in parking lots and building approaches shall be as required by the current ADA and as may from time to time be amended. (B) Location and size. Location and minimum stall size of accessible parking spaces, passenger loading zones, or valet parking facilities, when provided for public or governmental buildings and facilities, shall meet the standards adopted in the ADA. (C) Buildings. Accessibility guidelines (ADAAG) for buildings and facilities, Appendix A to 28 C.F.R. Part 36, or the current federal standard. (D) Signage. Accessible parking spaces for persons with disabilities shall be identified with signs in accordance with the ABA -p1 1000 -of 'the current federal statute of the Americans with Disabilities Act (ADA). Curb ramps shall be provided in accordance with ADA of 1000 the Americans with Disabilities Act (ADA) wherever an accessible route crosses a curb in the parking lot. (E) Minimum number of accessible spaces. The following table shall be used to determine the minimum number of accessible parking spaces to be provided for persons with disabilities: Total parking spaces in lot or garage Minimum number of accessible spaces 1-25 1 26-50 2 51--75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1000 2% of total spaces Over 1000 20 spaces + 1 space for each 100 spaces over 1000 (F) Facilities providing medical care. Facilities providing medical care and other services for persons with mobility impairments shall provide accessible parking spaces as follows: (1) Outpatient facilities. Outpatient units and facilities shall provide a minimum of 10% of the total number of parking spaces provided serving each such outpatient unit or facility, but in no event shall less than one such parking space be provided. CD172:3 TITLE XV. UNIFIED DEVELOPMENT CODE (3) Visitor parking. Accessible visitor parking (2) Specialized facilities. Units and facilities that that provides sufficient access to grade level specialize in treatment or services for entrances of multi -family dwellings is also persons with mobility impairments shall required. provide 20% of the total number of parking spaces provided serving each such unit or 172.04 Parking Lot Design Standards facility, but in no event shall less than one (See: Illustration: Parking Dimension Factors) such parking space be provided. (A) Maneuvering. Parking lots shall be designated, (G) Multi -family dwellings. Multi -family dwellings maintained, and regulated so that no parking or containing four (4) or more dwelling units shall maneuvering incidental to parking will encroach provide accessible parking spaces as follows: into the areas designated for sidewalks, streets, or required landscaping except as provided for in (1) Fair Housing Act reference. Accessible §172.07(B)(2). Parking lots shall be designed so parking shall be provided which meets the that parking and unparking can occur without provision in the Final Housing Accessibility moving other vehicles. Vehicles shall exit the Guidelines, 24 C.F.R., Chapter 1, parking lot in a forward motion. Subchapter A, Appendix II, of the Fair Housing Act of 1968, as amended, or the (B) Pedestrian access. Pedestrian access shall be current federal standard. provided from the street to the entrance of the structure by way of designated pathway or (2) Number of required accessible space. sidewalk. Designated accessible parking shall be provided for at least two (2) percent of the (C) Build -to zone. No portion of any parking lot shall dwelling units and at facilities such as be located in a build -to zone. swimming pools and clubhouses that serve accessible buildings. Additional designated (D) Compact spaces. A maximum of 35% of the total accessible parking shall be provided on spaces may be compact spaces. Compact request of residents with disabilities, on the spaces shall be marked either by marking on the same terms and with the full range of pavement or by separate marker. choices that are provided for other residents of the development. (E) Dimensional requirements. (See Table 1) TABLE I DIMENSIONAL REQUIREMENTS Angle (A) Type Width (in ft) (B) Curb length (in ft.) (C) One-way aisle width (in ft) (D) Two-way aisle width (In ft.) D Stall depth (In ft.) (E) 0° Standard 8 22.5 12 24 8 Parallel Compact 7.5 19.5 12 24 7.5 30° Standard 9 18 12 24 17 Compact 7.5 15 12 24 14 45° Standard 9 12.5 12 24 19 Compact 7.5 10.5 12 24 16 60° Standard 9 10.5 18 24 20 Compact 7.5 8.5 15 24 16.5 90° Standard 9 9 24 24 19 Compact 7.5 7.5 22 24 MotdicvclelScaoter 12-24 24 9 Eil CD172:4 TITLE XV. UNIFIED DEVELOPMENT CODE Parking Dimension Factors ed•� �_/` J' n [W Leptn Icl CID, vYtn s /// C' •OW > CI NY• or Strut NY• <N pn " oY PKp•n"cJar to to 2 ) C✓" L•ptn CC) (F) Parking Lot Circulation. (1) Throat length. The length of driveways or "throat length" shall be designed in accordance with the anticipated storage length for vehicles to prevent them from backing into the flow of traffic on the public street or causing unsafe conflicts with on -site circulation. General standards appear below, but these requirements may vary according to the project volume of the individual driveway. These measures generally are acceptable for the principal access to a property and are not intended for minor driveways. Variation from these standards may be permitted for good cause upon approval of the Zoning and Development Administrator and City Engineer. TABLE 2 GENERALLY ADEQUATE DRIVEWAY THROAT LENGTHS Shopping Centers >200,000 GLA" 200 ft. (Signalized) 800 spaces Smaller Developments <200,000 GLA* 75-95 ft. (Signalized) Unsignalized — 40-60 ft. Driveways "GLA-Gross leaseable area Commentary. The throat lengths in Table 2 are provided to assure adequate stacking space within parking lot driveways for general land use intensities. This helps prevent vehicles from stacking into the thoroughfare as they attempt to enter the parking lot. High traffic generators, such as large Parallel Parking shopping plazas, need much greater throat length than smaller developments or those with unsignalized driveways. The guidelines here for larger developments refer to the primary access drive. Reduced throat lengths may be permitted for secondary access drives serving large developments. (2) Drive -through facilities. All uses that include a drive-uD window or are characterized by Datrons remaining in their vehicles to receive service shall meet the following on -site stacking requirements in order toll alleviate raffic congestions (a) Restaurant. fast food: a minimum of four (4) spaces as measured from the drive- thru window (b) Vehicular washes: a minimum of two (2) spaces per car wash bay as measured from the bay. (c) Pharmacies and financial institutions: a minimum of four (4) spaces for one (1) drive-thru window, plus three (3) spaces for each additional drive-thrull lane or CD172:5 TITLE XV. UNIFIED DEVELOPMENT CODE automated teller machine (ATM), as measured.from.each drive-thru window, (d) DrvhEcleahino and laundry services: a minimum :of two (2) spaces as measuredifFdm the drive-thru window. (3) Entrances and internal aisle design for parking lots containing 8 parking spaces or less. The driveway width into parking lots shall meet the following requirements: (a) Entrances. (i) One-way access to parking lots. If the driveway is a one-way in or one-way out, then the driveway width shall be a minimum of 12 feet and a maximum of 16 feet. Parking lots shall not be located more than 100 feet from the street right-of- way. Commercial solid waste service is required. (ii) Two-way access to parking lots. For two way access, the driveway width shall be a minimum of 12 feet and a maximum of 24 feet. Parking lots shall not be located more than 100 feet from the street right-of- way. This standard shall only apply when a 2 yard dumpster is allowed. (iii) Driveway width requirements for parking lots located 100 feet or more from the street right-of-way. Two drive lanes a minimum width of 10 feet each, up to a maximum combined width of 24 feet, shall be required for adequate parking lot access. (iv) Curb radius. All driveway entrances serving 8 or less parking spaces shall have a minimum curb radius of 10 feet and a maximum of 20 feet. (b) Internal aisle design. (i) Aisles shall be designed so that they intersect at 90 degrees with other aisles and driveways where practical. (ii) Aisles shall be designed to discourage cut -through traffic by use of landscape islands, and shall meet the requirements of Chapter 177: Landscape Regulations. CD172:6 (iii) Aisles shall conform to the dimensional requirements of §172.04(C). (c) Waivers. Development proposals which do not meet these standards may apply for a waiver from these requirements subject to Planning Commission approval. Parking Lots With 8 Spaces or Less Driveway Dimensional Requirement One Way Access <100 12' Minimum — 16' Maximum Two Way Access <100' 12' Minimum - 24' Maximum 2 Drive Lanes 10' Minimum >100' Driveway Each —24' Maximum Total Length Driveway Width Curb Radius 10' Minimum —20' Maximum (4) Entrances and internal aisle design for parking lots containing 9 or more parking spaces. The driveway width into parking lots shall meet the following requirements: (a) Entrances. (i) One-way access to parking lots. If the driveway is a one-way in or one-way out, then the driveway width shall be a minimum of 12 feet and a maximum of 24 16 feet. (ii) Two-way access to parking lots. For two way access, the driveway width shall be a minimum 20 feet and a maximum width of 24 feet, unless otherwise required by the Fire Department. (iii) Collector and Arterial Streets. Driveways that enter collector and arterial streets may be required to have two outbound lanes (one for each turning direction) and one inbound lane for a maximum total driveway width of 39 feet. (iii) Curb radius. All driveways serving 9 or more parking spaces shall have a curb radius of 15 feet for curb cuts on local streets and a curb cut radius of 20 feet for collector, minor arterial and arterial streets. (b) Internal aisle design. TITLE XV. UNIFIED DEVELOPMENT CODE (i) Aisles shall be designed so that (5) Multifamily and non-residential uses. they intersect at 90 degrees with Developers of multi -family and non - other aisles and driveways where residential uses in the Hillside Overlay practical. District are encouraged to refer to the Hillside Best Management Practices Manual (ii) Aisles shall be designed to for guidance and direction in the design of discourage cut -through traffic their project. by use of landscape islands, and shall meet the (Ord. 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No. 4917, requirements of Chapter 177: 9-05-06; Ord. 5044, 8-07-07; Ord. 5079, 11-20-07) Landscape Regulations. 172.05 Standards For The Number Of (iii) Aisles shall conform to the Spaces By Use dimensional requirements of §172.04(C). (A) Required parking. (c) Waivers. Development proposals which do not meet these standards may apply for waiver from these requirements subject to Planning Commission approval. Parking Lots With 9 Spaces or More Driveway Dimensional Requirement 12' Minimum— 16' One Way Access Maximum 2 Drive Lanes 10' Minimum Each —24' Maximum Total Two Way Access Driveway Width Collector/Arterial 3 Drive Lanes - Streets Maximum of 39' Curb Radius - Local 15' Curb Radius - Collector/ Arterial 20' (G) Hillside/Hilltop Overlay District. (1) Separation of Parking Pads in Multi -Family, and Non -Residential Development. Parking pads shall be separated by a minimum undisturbed area of 15 feet between parking pads. Streets and access drives are permitted to cross this undisturbed area. (2) Cut and Fill Slopes. Parking pads should be encouraged to utilize cut slopes with retaining walls to minimize disturbance. (3) Maximum number of spaces per parking lot for multi -family and non-residential uses. Parking pads shall have a maximum of 30 spaces per pad. (4) Parking lot location. Parking lots shall be set back with a minimum of 35' of undisturbed area required adjacent to the street right-of- way. CD172:7 (1) fraction, the fraction shall be: (a) rounded to the next higher whole number when the fraction is 0.5 or higher. (b) rounded to the next lower whole number when the fraction is less than 0.5. (2) chapter. (3) Change of use — waiver. In Downtown Core, Main Street Center, and Downtown General zoning districts, parking requirements are TITLE XV. UNIFIED DEVELOPMENT CODE waived for any existing structure with a change of use. New construction, razed buildings or enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For enlarged buildings, additional parking spaces will be calculated by the amount of square footage that is added. (4) Building footprint — waiver. In Downtown Core, Main Street Center and Downtown General zoning districts, parking requirements are waived for the square footage "footprint" of any building which existed and has been removed since October 1, 1995, in order to rebuild. (5) Downtown Core, Main Street Center, and Downtown General Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the Downtown Core, Main Street Center, and Downtown General zoning districts. TABLE 3 PARKING RATIOS (Use/Required Spaces) Residential Single-family, duplex, triplex 2 per dwelling unit Multi -family or townhouse 1 per bedroom Commercial Agricultural supply 1 per 500 sq. ft. of GFAA Amusement 1 per 200 sq. ft. of GFA Auditorium 1 per 4 seats Auto/motorcycle service stations 4 per each enclosed service bay Bank 1 per 200 sq. ft. of GFA Barber or beauty shop 2 per chair Buildino/home improvement 1 per 500 so. ft. of GFA supply Coin -operated laundry I per 3 machines Dry cleaning 1 per 300 so. ft. of retail area per employee home Hotels and motels 1 per guest room, plus 75% of spaces required for accessory uses. Regional aa6geeond f Furnitureand carvet store 1 per 500 sq. ft. of GFA Plant nursery 1 per 1.000 so. ft of etail a Restaurants 1 per 100 sq. ft. GFA plus 4 stacking spaces per drive- Retail persq.ft. of GFA Retail fuel sales with stores ft. of retail FA; =pump at p islands areconvenience d this requirement 3 per each employee; Retail fuel sales only spaces at pump islands are counted toward this requirement Office Medical/Dental office I per 250 sq. ft. of GFA Professional office 1 per 300 sq. ft. of GFA Sales office 1 per 200 sq. ft. of GFA Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 sq. ft. of GFA 1 per 4 seats, provided only Auditorium auditorium space is counted in determining arkin 1 per employee plus on -site Child care center, nursery loading and unloading school spaces at a rate of 1 per 10 children accommodated 1 per 4 seats in the main Church/religious institution auditorium or 1 per 40 sq. ft. of assembly area, whichever provides more spaces College auditorium 1 per 4 seats College dormitory 1 per sleeping room College or university 1 per 500 sq. ft. of classroom area Community center 1 per 250 sq. ft. of GFA Cooperative housing 1 per 2 occu ant' Convalescent home. 1 per 2 beds assisted living, ursin h m Detention home 1 per 1,500 s . ft.�of GFA Elderly Housing 1 oer 2 units ' Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the business Government facilities 1 per 500 square feet of floor area Hospital 1 per bed Convalescent home 1 per bed School —elementary and 1 per employee plus 1 space junior high per classroom School —senior high 1 per employee plus 1 per 3 students based on design capacity, or 1 per 6 seats in auditorium or other places of assembly, whichever Is greater Zoo 1 per 2,000 sq. ft. Of land area All other public and institutional uses (only 1 per 4 occupants auditorium space shall be counted for churches, auditoriums, or group occupancy space) Manufacturing/Industrial 1 per 1,200 sq. ft. of GFA or Manufacturing one per employee, whichever is greater Heavy industrial 1 per 1,200 sq. ft. Of GFA CD172:8 TITLE XV. UNIFIED DEVELOPMENT CODE Extractive uses Adequate for all employees, trucks• and a ui moot Recreational Uses Amusement park, miniature golf 1 per 1,000 sq. ft. of site area Bowling alley 6 per lane Commercial recreation 1 per 200 sq. ft. of GFA Commercial recreation -large sites 1 per 1,000 sq. ft. of site area Dance hall, bar or tavern 1 per 50 sq. ft. bf GFA, excluding kitchen Golf course 3 per hole Golf driving range 1 per tee box Health club 1 per 150 so. ft. of GFA Regional or community oark 2 per acre of accessible active and passive soace Playfield. playground Neighborhood None Private club or lodge 1 per 500 sq. ft. of GFA or 1 per 3 occupants based on the current adopted Standard Building Code whichever is greater Riding stable 1 per acre; not required to be Tennis court _paved 2 per court Theater 1 per 4 seats All other recreational uses 1 per 4 occupants Warehousing and Wholesale Warehousing 1 per 2,000 sq. ft. of GFA Wholesale 1 per 1,000 sq. ft. of GFA Center for collecting recycled materials 1 per 1,000 sq. ft. of GFA .•, . eAPAA- On-street parking. Permitted on -street parking spaces adjacent to a project frontage may count toward the parking requirements for all development, subject to approval by the Zoning and Development Administrator. Each on -street parking space provided may count toward the total reouired Darkina spaces for the development, CD172:9 Off-street parking. (1) Motorcycle and scooter parking. In parking lots containing 25 parking spaces' or more. one (1) space for every 25 parking'spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (2) Maximum number allowed. Developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces, by 15% above the parking ratios listed in Table 3 (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: (I) Bioswales (II) constructed wetlands (III) pervious pavement (IV) other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) Developments may increase th'e number of off-street parking spaces by an additional 5% when one (1),I.two-inch (2 caliper tree for every 10 additional parking spaces is planted Si -site in addition to all other landscaping TITLE XV. UNIFIED DEVELOPMENT CODE (3) Reductions. Developments may utilize the following reductions to the required off-street parking ratios listed in Table 3 when the following standards are met: (a) Transit stops. Properties located within a quarter (0.25) mile radius of a transit stop may further reduce the minimum off street parking requirements by up to fifteen percent (15%). (b) Motorcycle and scooter spaces. UD to 10% of the required automobile parking spaces may be substituted with motorcycle/scooter parking at a rate of one motorcycle/scooter space for one automobile space, (c) Bike racks. Up to 10% of required automobile parking may be substituted with bicycle parking at a rate of one additional bicycle rack for one automobile space. This reduction shall be allowed in addition to other variances, reductions and shared parking agreements. (d) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (i) Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. Shared parking agreements. If privately owned parking facility is to serve two or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (iii) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time. (e) Reduced parking within mixed use developments. Parking requirements may be reduced where it can be determined that the peak parking CD172:10 demand of the existing or 1[oropose occupancy occur at different times (either daily or seasonally). Such arrangements are subiectll to the approval of the Planning Commission. clear. a. Determine minimum spaces required. The it minimum number of parking spaces that are to be provided and maintained for each ]fuse shall be determined by using Table 3. Parking Ratios periods, respectively. parking tacility TITLE XV. UNIFIED DEVELOPMENT CODE TABLE 4 Parking Occupancy Rates (Percent of basic minimum needed durina time Deriod) Iii __ _filt,91 . ' • __ ___ •• - .r rr rr� •r rr. ........ • ... ...... ......... .. ... •• rr rrI fl rr rr. . . .. . .. .... . .. . ........ ........ Source: Shared Parkina Planning Guidelines, Institute of Transportation Engineers. 'Some specific uses have different occupancy rates. Check under 'Specific Commercial Uses' with the rest of the table. (4) Increases or reductions in excess of those identified herein shall be allowed only as a conditional use and shall be granted in accordance with Chapter 163, governing applications of conditional uses, procedures. and upon the findina that the increase or reduction is needed it !:.gggg ItJ1it •a a - ca CD172:11 TITLE XV. UNIFIED DEVELOPMENT CODE (Ord. 4567, 05-04-04; Ord. 4930. 10-03-06; Ord. 5118, 3-18- 08) 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A) Permitted locations by right. Parking lots shall be located within the same zoning district as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted locations as a conditional use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. Cross reference(s)—Uses Conditions, Ch. 163. (C) Off -site locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. (D) Intermittent parking. Uses which generate only intermittent demand for parking, such as churches, may count available on -street parking within 600 feet of the building as part of required parking, subject to the approval of the Planning Commission. 172.07 Reserved (Ord. 4917, 09-05-06) 172.08 Nonconforming Parking Lots All parking lots and/or parking areas which were in existence prior to the effective date of this ordinance may continue in a nonconforming state until such time as the following shall occur: (A) Rehabilitation. A building permit is granted to rehabilitate a structure on the property exceeding 50% of the current replacement cost of the structure. At such time, 50% of the existing parking lot use area shall be required to be brought into compliance with the provisions of this ordinance. This shall continue on a graduated scale in accordance with the percentage of rehabilitation cost; and/or (B) Enlargement or reconstruction. A building permit is granted to enlarge or reconstruct a structure on the property exceeding 10% of its existing gross floor area. At such time 10% of the existing parking lot and/or parking lot area shall be brought into compliance with the provisions of this section. This shall be on a graduated scale until reaching 100% of the required landscaping; and/or (C) New curb cut. A new curb cut permit is granted for the nonconforming parking lot. At such time the parking lot and/or parking area shall be required to be brought into compliance with the provisions of this ordinance. Cross reference(s)—Variances, Ch. 156. (Code 1965, App. A., Art. 8(9); Ord. No. 1747, 6-29-70: Ord. No. 2380, 9-20-77; Ord. No. 2549, 8-7-79; Code 1991, §160.117; Ord. No. 3870, §4, 2-21-95; Ord. No. 3962, §§1, 2, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4127, §1 (Ex. A), 12-15-98; Ord. No. 4319, 6-5-01; Ord. No. 4412, (Ex. A), 9-3-02) 172.09 Off -Street Loading In all districts, accessory off-street loading berths, CD172:12 __+!�w_�` TITLE XV. UNIFIED DEVELOPMENT CODE • CD172:13 TITLE XV. UNIFIED DEVELOPMENT CODE Let (Code 1991, §160.116; Ord. No. 4100, §2 (Ex. A), 6-16-98) 172.10 Bicycle Parking Rack Requirements (A) When bicycle parking racks are required. All (E) proposed new construction requiring twenty-five (25) off-street, automobile parking spaces or more shall require bicycle parking. All proposed or required expansions in automobile parking lots shall also meet the requirements of this ordinance. (B) Amount of bicycle parking racks required. The following table shall be used to determine the minimum number of bicycle parking racks to be provided. (Note: each rack equals two bicycle parking spaces). Total bicyde Equivalent total Equivalent total racks required off-street off-street automobile automobile parking required parking required by code in a non- by code ina residential residential development development 1 25-30 25-50 2 31-60 51-100 3 61-90 101-150 4 91.120 151-200 5 121-150 201-250 1 additional rack Each additional Each additional pen / 100 spaces 150 spaces (C) Definition of a bicycle parking rack. Each bicycle parking rack holds two bicycles. Each rack shall be an inverted U -type rack (as per specifications). (0) Spacing of racks. Each bicycle parking space shall have 2' 0" x 6' x 0" clear space, paved or unpaved, beside the rack allowing each rack to potentially count as two spaces. The 2' 0" dimension may overlap another bicycle parking space such that racks positioned in a parallel row may be 2' 6" on center (See: Figure 1). Position of bicycle parking racks. (1) Bicycle parking racks should be located within 50 feet of a public entry. (2) Bicycle• parking facilities should have adequate lighting for the operation of combination and key locks at night and to minimize theft. (3) Bicycle parking racks should be positioned so that no pedestrian traffic is impeded. (4) Bicycle parking racks should not be located within bus stops, loading zones, or other curb space where on -street parking is permitted unless approved by the City Engineer. (5) Bicycle parking racks shall have a 15' 0" clearance from the edge of fire hydrants. (6) Bicycle parking racks should have a 4' 0" clearance from existing street furniture, including mailboxes and light poles. (7) Bicycle parking rack location shall not interfere with ADA standards. (F) Variations in requirements. (1) Shared bicycle parking. Any property owner required to have bicycle parking may elect to CD172:14 TITLE XV. UNIFIED DEVELOPMENT CODE establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements. (2) Rack configuration. Custom bicycle parking racks may be permitted subject to Planning Division approval. Custom racks shall meet the material and embedment specifications in this chanter. Custom racks in the form of sionage or corporate logos shall not be permitted. (G) Procedure for compliance. (1) For projects requiring bicycle parking, the bicycle parking shall be indicated on the site plan that is submitted to the Planning Division for approval. All site plans must be drawn to scale. (2) Shared bicycle parking agreements that meet the requirements of this ordinance shall be automatically approved. (H) Specifications. (1) Design. Each rack shall be an inverted U - type rack designed with either extended legs for embedment in concrete footing, or with steel flange for bolting onto paved surface. The apex of the U shall be 2' 9" - 3' 0" above the ground. The legs of the U -shape shall be 1.60 on center. (a) With embedment. The rack legs shall extend 9" into a concrete footing. Before applying finish, the pipe shall be drilled 3 inches above the base and fitted with a 6 inch long, 7/16 inch diameter steel cross bar. This cross bar CD172:15 shall be welded into place, lies horizontally and acts as an anchor. (b) With flange mount. A pre -drilled, steel flange, minimum 8 inch square, shall be welded to the bottom of each leg before final finish is applied. The flange shall have a minimum of three bolt holes. Each bolt hole shall accept a '/2 inch diameter steel bolt. (2) Materials. Racks are to be constructed of 1%: inch, Schedule 40 steel pipe (1.90" x 0.145" wall). The pipe shall be bent in one piece (not welded in sections). (3) Finishes. Unless the pipe material is stainless steel, the pipe shall have PVC coating, powdercoat finish or hot -dipped galvanized finish applied after the flange has been welded in place (Surface Mount Method) or the anchoring cross bar has been fitted in a drilled hole (Embedment Method). (4) Anchoring the rack. Paving is not required, however, racks shall be securely anchored through one of the two following methods: (a) With embedment. The rack shall be embedded in a minimum of 9 inch diameter, 10 inch deep concrete footing. (See: Illustration —Embedded Anchor Mount) (b) With flange mount. Racks shall be anchored with 3 inch anchor bolts, '/2 inch in diameter. Mounting flange shall be a minimum V. inch plate. (See: Illustration —Flanged Surface Mount). NORTHWEST ARKANSAS NEWSPAPERS Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times RECEIVED Benton County Daily Record DEC 2 9 2009 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 j'7_ AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazefte newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville —Ordinance 5297 December 24, 2009 Publication Charge : $ 175.10 Signed: _5/\J4P9O Subscribed and sworn to before me This,2z/day of �L,�•� , 2009. Notary Public d14t?t My Commission Expires: G°v1ARy `f'YJ ,20/� Do not pay from Affidavit, an invoice will be sent j 'o INANCE NO. 5297 AN ORDINANCE DAMENDING TITLE KV UNIFIED REGULATIONS AMEND CHAPTERS OHAPTERSI 161O ZON ZONING aye evi le REGULATIONS AND 172: PARKING AND LOADING N ORDER TO REQUIREMENTS UPDATE AND GULLADTI ONS%IS THAT ARKANSAS ADDRESS THE PARKING NEEDS OF ALL FORMS OF TRANSPORTATION, PROVIDE ADDI- TIONAL PARKING RATTOS, AND TO ELIMINATE UNNECESSARY REGULATION, WHEREAS, certain sections of the City of Fayetteville Unified Development Code Chapter 172: Parking and Loading do not work toward achieving the goals and objectives of City Plan 2025; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to promote the use of and accommodation for the needs of alternative forms of transportation; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Cade should be revised to benefit the citizens and environment; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide additional parking ratios and eliminate unnecessary regulation; NOW,THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CRY OF FAYET- TEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals §161.20(H), §161.21(H), and §161.22(H) of the Unified Development Code. • Section 2. That. the City Council of the City of Fayetteville, Arkansas hereby repeals • §161.28(O)(9Ha) of the Unified Development Code and renufnbers the sub -section accord- ingly. • Section 3 That the City Council of the City of Fayetteville, Arkansas hereby repeals §172.03(D) of the Unified Development Code and enacts a replacement §172.03(D) as fol- lows: '§172.03 (D) Signage. Accessible parking spaces for persons with disabilities shall be identified with signs in accordance with the current federal statute of the Americans with Disabilities Act (ADA). Curb ramps shall be provided in accordance with the Americans with Disabilities Act (ADA) wherever an accessible mule cross- es a curb in the parking lot.' Section 4, that the City Council of iheiCity of Fayetjoville, Arkansas hereby repeals §172.04 Parking Lot Design Standards of thot hifiecjOevjopf t•Co�tle.and enacts a replacement § 172.04 as shown in Exhibit "A" attached hereto, Section 5. That the City Council of the City of FayetteviliArkan5as herebyrepeals §172.05 Standards for the Number of Spaces by Use of (he Unified DeveopmeM Code and enacts a replacement §172.05 as shown in Exhibit 'B' atttZed hereto Section 6. That the City Council of the City of Fayettev lie Arkagsava,f etebyrepeals§172.09 Off -Street Loading and enacts a replacement §1721% ,) s rkagsa. §172.090nStreet Loading. In all disincls eccessor offs14Ce7 loading berths, open or enclosed, shall be so arranged so that parking aod8mader ring will occur on pri- vateproperty.' Section 7. That the City Council of the qty of Fayeneflt y�rka'T eby (A) and (B) to require all new construction Shat 'requ' five lot morle pementls §172.10 spaces to provide bicycle parking in eccortlancewith the ado11-Lssd standards. Section B. That the City Council of the,: Cy of FSyelteville, Arkansas hereby repeals §172.10(F) Variations in requirements and enacts a replacement §I72.10(FJ as follows: "§172.10(F) Variations in requirements. (1) Shared bicycle parkin ' to g. Any ycle pa pTvner required to have bicycJe:perkin r may elect seine ta shared bicycle par sPir(p facility with any other prggerjy owner within the same black to meet ine combined iequirements, t+l (2) Rack configuration Custom bidycre pad9qg9 racks may be permitted subject to Planning Division approval. Custom racks shthP meet the mean's b dmont specifications in this chapter. Custom racks in hne F shall not be permitted." 4e form of si 9 9e, o to logos PASSED and APPROVED this 15th day of December, 2009, ,;. APPROVED Tk- ATS T if rr By: ' �- , LIONELD JORDAN' 6y -'�-' `( 1 SONDRA E. SMRH, City Clarac rc Exhibits may be viewed in the office of the Fayetteville City Clerk7Geasurer during normal business hours.