HomeMy WebLinkAboutOrdinance 5308 If
ORDINANCE NO, 5308
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE
OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTER 167: TREE
PRESERVATION AND PROTECTION, C14APTER 169: GRADING PLAN
SUBMITTAL AND CHAPTER 173 : BUILDING REGULATIONS IN ORDER TO
STRENGTHEN THE PROVISIONS OF THE HILLSIDE/HILLTOP OVERLAY
DISTRICT REGULATIONS
WHEREAS, the City of Fayetteville adopted the Hillside/Hilltop Overlay District regulations in
2006; and
WHEREAS, certain provisions of the ordinance related to building foundations were
subsequently vetoed; and
WHEREAS, the Development Services Department has been administering the Hillside/Hilltop
Overlay District regulations for three years; and
WHEREAS, members of the City Council requested that staff review the ordinance.
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 amends the Unified
Development Code § 167.04(A)(5) by inserting the following language shown in bold:
167.04(A)(5) "Hillside/Hilltop Overlay District. Undeveloped land located within the
Hillside/Hilltop Overlay District shall submit a site analysis plan, analysis report and tree preservation
plan with the preliminary plat or site plan. Single and two family residential developments shall submit an
abbreviated tree preservation and site plan at the time of obtaining a building permit. Structural changes
to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of
the building footprint or roof dripline shall not require an abbreviated tree preservation plan.
There shall be no land disturbance, grading or tree removal until a tree preservation plan :has been
submitted and approved, and the tree protection measures at the site inspected and approved."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code § I69.08(B) by enacting a new § 169.08(B) with the following language:
" I 69.08(B) Final grading plan. No subdivision may be finalized, nor large scale development
plat approved before a final grading plan has been submitted to the City Engineer and approved. The final
grading plan and the final plat of land located within the Hillside/Hilltop Overlay District shall have the
following plat note stating: `Property and lot owners of lands located within the Hillside/Hilltop Overlay
Page 2
Ordinance No. 5308
District shall have foundation plans designed, approved and sealed by a professional architect or
engineer."'
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code § 173.02(B)(2)(b) by adding the following language:
" 173 .02(B)(2)(b) Design requirements for buildings located in the Hillside/Hilltop Overlay
District. A builder of a single family residence, duplex or other residential, commercial or institutional
structure not within a preliminary plat or large scale development shall have the foundation plans
designed, approved and sealed by a professional engineer or architect. Accessory structures that do not
serve as dwelling units are exempt from this foundation requirement."
PASSED and APPROVED this 16'h day of March, 2010.
APPROVED ATTEST:
By By: Alai,
IOrqELD JO , Mayor S NDRA E. SMITH, City Clerk/Treasurer
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ALDERMAN AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF March 16, 2010
FROM: Brenda Thiel
Sarah Lewis
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
ADM 09-3413: Administrative Item (Hillside/Hilltop Overlay District Amendments)
An ordinance amending §167.04(A)(5) of Chapter 167: Tree Preservation and Protection,
amending §169.08(B) of Chapter 169: Grading Plan Submittal and adding §173.02(B)(2)(b) to
Chapter 173: Building Regulations of the Unified Development Code.
APPROVED FOR AGENDA:
ounct ember Brenda Thiel Dat
/ Q
ounci1 Member Sarah Lewis Date
Prepared by:
Karen t
nkel DD om,//(�
Director of Strategic Planning and Internal Consulting ''aa ee
Ta7t�l 1e THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: City Council
Thru : Don Marr, Chief of Staff
From : Karen Minkel, Strategic Planning and Internal Consulting Director ivm .
Date: February 26, 2010
Subject: ADM 09-3413 : Administrative Item (Hillside/Hilltop Overlay District Amendments): Approval
of an ordinance amending § 167.04(A)(5) of Chapter 167: Tree Preservation and Protection, amending
§ 169.08(6) of Chapter 169: Grading Plan Submittal and adding § 173 .02(B)(2)(b) to Chapter 173 : Building
Regulations of the Unified Development Code.
PROPOSAL:
Council members Brenda Thiel and Sarah Lewis propose to amend the Hillside/Hilltop Overlay District
(HHOD) ordinance in order to strengthen the existing provisions. This ordinance was initially reviewed by staff
at the request of Council members Brenda Thiel, Adella Gray and Matthew Petty.
The amendment to Chapter 167 adds the following language: "Structural changes to buildings located in the
Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline
shall not require an abbreviated tree preservation plan. " Building Safety and Urban Forestry staff review tree
preservation plans for all construction occurring in the HHOD. Instances where the building footprint is not
being increased or where the roof dripline is not being altered do not merit review when no trees will be
affected by the construction.
The amendments to Chapters 169 and 173 address the prevention of foundation failures. The original HHOD
ordinance that Council approved in 2006 required a geotechnical analysis, which would likely cost a builder
several thousand dollars. This provision was vetoed by Mayor Dan Coody.
The current proposal requires that "Property and lot owners of lands located within the Hillside/Hilltop Overlay
District shall have foundation plans designed, approved and sealed by a professional architect or engineer. "
This requirement does not apply to accessory structures that do not serve as dwelling units. In addition, after
conversations with local engineering companies, this requirement may not require a geotechnical analysis.
Properties that do not have poor soil or slope concerns would bear a cost closer to several hundred dollars in
order to have a licensed engineer review design plans.
This amendment is consistent with the current recommendations of Building Safety staff given to building
permit applicants within the HHOD. Seventy-five to eighty percent of the building permits issued in the HHOD
are located in expansive clay soils according to the Natural Resources Conservation Service data, which have a
high likelihood of failure. The cost to repair a failed foundation typically ranges from 520,000440,000. The
THE CITY OF FAYETTEVILLE, ARKANSAS
Ordinance Review Committee voted 2-2-0 to forward these amendments to the City Council on January 6,
2010.
RECOMMENDATION :
Staff recommends that City Council approve a approve an ordinance amending § 167.04(A)(5) of Chapter 167,
amending § 169.08(B) of Chapter 169 and adding § 173 .02(B)(2)(b) to Chapter 173 of the Unified Development
Code.
BUDGETIMPACT:
None
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTER 167: TREE
PRESERVATION AND PROTECTION, CHAPTER 169:
GRADING PLAN SUBMITTAL AND CHAPTER 173:
BUILDING REGULATIONS IN ORDER TO
STRENGTHEN THE PROVISIONS OF THE
HILLSIDE/HILLTOP OVERLAY DISTRICT
REGULATIONS
WHEREAS, the City of Fayetteville adopted the Hillside/Hilltop Overlay District
regulations in 2006; and
WHEREAS, certain provisions of the ordinance related to building foundations were
subsequently vetoed; and
WHEREAS, the Development Services Department has been administering the
Hillside/Hilltop Overlay District regulations for three years; and
WHEREAS, members of the City Council requested that staff review the ordinance.
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 amends the Unified
Development Code § 167.04(A)(5) by inserting the following language shown in bold:
167.04(A)(5) "Hillside/Hilltop Overlay District. Undeveloped land located within the
Hillside/Hilltop Overlay District shall submit a site analysis plan, analysis report and tree
preservation plan with the preliminary plat or site plan. Single and two family residential
developments shall submit an abbreviated tree preservation and site plan at the time of obtaining
a building permit. Structural changes to buildings located in the Hillside/Hilltop Overlay
District that do not result in an enlargement of the building footprint or roof dripline shall
not require an abbreviated tree preservation plan. There shall be no land disturbance, grading
or tree removal until a tree preservation plan has been submitted and approved, and the tree
protection measures at the site inspected and approved."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code § 1 69.08(B) by enacting a new § 1 69.08(B) with the following language:
" 169.08(B) Final grading plan. No subdivision may be finalized, nor large scale
development plat approved before a final grading plan has been submitted to the City Engineer
and approved. The final grading plan and the final plat of land located within the Hillside/Hilltop
Overlay District shall have the following plat note stating: `Property and lot owners of lands
located within the Hillside/Hilltop Overlay District shall have foundation plans designed,
approved and sealed by a professional architect or engineer.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code § 173.02(B)(2)(b) by adding the following language:
" 173 .02(B)(2)(b) Design requirements for buildings located in the Hillside/Hilltop
Overlav District. A builder of a single family residence, duplex or other residential, commercial
or institutional structure not within a preliminary plat or large scale development shall have the
foundation plans designed, approved and sealed by a professional engineer or architect.
Accessory structures that do not serve as dwelling units are exempt from this foundation
requirement."
PASSED and APPROVED this day of , 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk
167.04 Tree Preservation And composed of three or more dwelling
Protection During Development units. An abbreviated tree preservation
plan, as set forth in § 167.04 (H)(3),
(A) Applicability. The provisions of this section shall be submitted with the application
shall apply to proposed subdivisions, and for building permits on projects that are
large scale developments required by other not required to go through the
chapters of the Unified Development Code to subdivision or large scale development
go through the city's permitting process. process. There shall be no land
Persons seeking to build one single-family disturbance, grading, or tree removal
dwelling unit, or duplex, are specifically until an abbreviated tree preservation
exempt from the provisions of this section plan has been submitted and approved,
except when the land is located within the and the tree protection measures at the
Hillside/Hilltop Overlay District; then all the site inspected and approved.
provisions of this ordinance shall apply.
Planned Zoning Districts should meet the (4) Parking lots. Tree preservation require-
percent minimum tree canopy based upon ments apply to all permit applications for
their primary use, but may be allowed a the construction of parking lots with five
lesser tree canopy requirement as part of the or more spaces. An abbreviated tree
overall Master Plan approved by the City preservation plan, as set forth in
Council. §167.04 (H)(3), shall be submitted with
the application for permits on projects
( 1 ) Subdivisions and large scale that are required to go through the
developments. Applicants seeking subdivision or large scale development
approval of proposed subdivisions and process. There shall be no land
large scale developments shall submit a disturbance, grading, or tree removal
site analysis plan, analysis report, and until an abbreviated tree preservation
tree preservation plan with the plan has been submitted and approved,
preliminary plat or site plan. There shall and the tree protection measures at the
be no land disturbance, grading, or tree site inspected and approved.
removal until a tree preservation plan
has been submitted and approved, and (5) Hillside/Hilltop Overlay District.
the tree protection measures at the site Undeveloped land located within the
inspected and approved. Hillside/Hilltop Overlay District shall
submit a site analysis plan, analysis
(2) Grading permit. An abbreviated tree report, and tree preservation plan with
preservation plan, as set forth in the preliminary plat or site plan. Single
§167.04(H)(3), shall be submitted with and two family residential development
the application for grading permits on shall submit an abbreviated tree
projects that are not required to go preservation and site plan at the time of
through subdivision or large scale obtaining a building permit Struc �aI
development process. There shall be changes to bwidmgs located rn ithe
no land disturbance, grading, or tree HillsidelHilltop Overlay Distract at
removal until an abbreviated tree do notresutn an enla�gement,ofhe"
preservation plan has been submitted buildmg�footprfnt or .roof -drip ine
and approved, and the tree protection shall notrequire iri ,abbreviated }ee
preseryPatronf tan! There shall be no
measures at the site inspected and _��
approved. land disturbance, grading, or tree
removal until a tree preservation plan
(3) Building permits. Tree preservation has been submittedand approved, and
require-ments apply to all permit the tree protection measures at the site
applications for nonresidential inspected and approved.
construction, and the construction of
multi-family residential buildings
169.08 Grading Plan Submittal
(A) Preliminary grading plan. A preliminary
grading plan shall be submitted at the time of
preliminary plat submission for subdivisions
or plat submission for large scale
development, whichever is applicable.
(B) Final grading plan. No subdivision may be
finalized, nor large scale development plat
approved before a final grading plan has
been submitted to the City Engineer and
approved. The final grading plan and the
final plat of land located within the
Hillside/Hilltop Overlay District shall have the
following plat note stating=Rrepeity-and tat
r=: . ,
approjiFiate ' tei;hniques
agai....t . 1...-.aFds suohL as, - the
ii"Isid8lHilitep GFeep, .Eind 1. "Property
and`lot owners of lands located within the
Hillside/Hilltop :Overlay District;shall have
foundation plans de'sign'ed, approved and
seated by'� a 'professional architect ', or
en 'neer."
9!-- - . .
(C) In cases where neither subdivision plat, nor
LSD plat is applicable, proof of notification of
adjacent property owners and grading plan
must be submitted simultaneously with the
application for a grading permit
173.02 Fire Prevention Code/Building chapters of the Arkansas Fire
Code Prevention Code and this section.
(a) General Footing:' andFoundation
(B) Amendments, additions, and deletions to the Design requirements.
Building Code. The Building Code shall be
amended as follows: (i) The footing bottoms shall be a
minimum of 24 inches below
( 1 ) Construction documents. Plans finish grade, and
reviewed for code compliance with
permits issued shall be destroyed after (ii) The minimum width of a
construction is complete and as allowed concrete footing for one story
by law after being copied for permanent building with 1 ,400 or less
record and maintained by the city. square feet shall be 18 inches.
Plans retained on file for one-through The minimum width of a
four-family residential dwelling units will concrete footing for two-story
be destroyed when construction is buildings and buildings greater
complete and may not be permanently than 1 ,400 square feet shall be
copied. 24 inches. All footings shall be
reinforced with horizontal steel
(a) Plans. Plans submitted to be rebar; and
reviewed for code compliance and
permitting shall note the following: (iii) Minimum footing rebar size
shall be two #4's in an 18 inch
(i) Construction type; footing and three #4's in a 24
inch footing each tied
(ii) Occupancy classification(s); perpendicular to the #4 rebar
spaced no more than 24 inches
(iii) Occupant load; on center, and supported three
inches (3") from the bottom of
(iv) Design live loads; the footing spaced no more
than 6 foot or approved by the
(v) Design dead loads; building official; and
(vi) Occupancy and tenant (iv) The thickness of the concrete
separations; footing shall be a minimum of
i 12 inches with a minimum of
(vii) Design snow load; and 3,000 PSI concrete; and
(viii) Design wind load. (v) Minimum concrete footing for
concentrated load shall be 24
(b) Ground snow loads. Ground snow - inches x 24 inches x 12 inches
loads to be used in the in depth of 3,000 PSI concrete,
determination of design snow loads 24 inches to bottom below
shall not be less than 20 pounds finish grade with a rebar mat of
per square foot. four hut's supported three
inches from the bottom with
(c) Plan review. A plan review by an support as approved by the
independent entity may be required building official; or
by a building official for plans of
unusual, special, and/or hazardous (vi) Designed by an Arkansas
use of buildings submitted for registered professional
permit or review. architect or engineer.
(2) Footings and Foundations. fb)tAHslde/Hi/flop Overlay District
Building, structures, and parts thereof Footing and F }�r�dationDesign
140
shall be designed and constructed in Rgquirements3
accordance with strength design, load
and resistance factor design, allowable 1) NrRELPR
WZr
, wn&rs
stress design, empirical design, or am
conventional construction methods, as , ntiali
permitted by the applicable material tional
structureswithin 'the Accessory. structures., that ado
HillsidelHilltop4 Overlay ` shall not,serve as dwellin units:are
have the foundation ,,plans exempt from, this 9oundation
designed,japproved;and sealed requirement.
by a�a professionally licensed
engineer o'r . architect
NORTHWEST ARKANSAS
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Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville — Ordinance 5308
March 29, 2010
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Signed:
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Subscribed and sworn to before me
This'�� day of PQra , 2010.
LCOMn
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