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Home My WebLink AboutOrdinance 5814113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5814 File Number: 2015-0435 AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING: AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING OF THE VARIANCES CHAPTER OF THE UNIFIED DEVELOPMENT CODE TO ESTABLISH A VARIANCE PROCEDURE FOR COMMERCIAL, OFFICE AND MIXED USE DESIGN AND DEVELOPMENT STANDARDS WHEREAS, the current § 166.25 (C)(4) of the Unified Development Code was recently adopted, but was so broadly worded as to its application and couched in such mandatory and absolute terms that it has caused unnecessary and unintended difficulties for several developments; and WHEREAS, a variance procedure will allow flexibility for developers while ensuring that developments provide well-designed facades facing adjacent streets. 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 § 156.03(C)(1) to rename the heading from "Design Standards" to "General Design Standards". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 156.03(C) by inserting the following language as a new § 156.03(C)(2), with subsequent sections to be renumbered accordingly: (2) Commercial, Office and Mixed Use Design and Development Standards. A variance of the exterior appearance and design standards may be granted by the Planning Commission if it is determined that strict compliance with the code would result in an adverse safety impact, or if the standard should not apply due to a unique situation. In granting the variance the Planning Commission may require principal facades without a prominent entry -way to be designed with distinctive architectural details (such as changes in wall plane, glazing, human scale elements such as canopies, awnings, small scale lighting, or other feature) to ensure the intent of the code is met. Page 1 Printed on 1017115 PASSED and APPROVED on 101612015 Ordwore 5814.: Attest: Sondra E. Smith, City Clerk Treasurer 1%,111 N trrt►rrr ,til y qc . , wc'; FAYETTEVII_l F.; t- 4411 G TON v'W's Page 2 Printed an 70(7115 City of Fayetteville, Arkansas 113 West Mountain Street 1"1' - Fayetteville, AR 72701 l (479) 575-8323 Jj r Text File - — File Number: 2015-0435 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 18 AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING: AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING OF THE VARIANCES CHAPTER OF THE UNIFIED DEVELOPMENT CODE TO ESTABLISH A VARIANCE PROCEDURE FOR COMMERCIAL, OFFICE AND MIXED USE DESIGN AND DEVELOPMENT STANDARDS WHEREAS, the current § 166.25 (C)(4) of the Unified Development Code was recently adopted, but was so broadly worded as to its application and couched in such mandatory and absolute terms that it has caused unnecessary and unintended difficulties for several developments; and WHEREAS, a variance procedure will allow flexibility for developers while ensuring that developments provide well-designed facades facing adjacent streets. 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 § 156.03(C)(1) to rename the heading from "Design Standards" to "General Design Standards". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 156.03(C) by inserting the following language as a new § 156.03(C)(2), with subsequent sections to be renumbered accordingly: (2) Commercial, Office and Mixed Use Design and Development Standards. A variance of the exterior appearance and design standards may be granted by the Planning Commission if it is determined that strict compliance with the code would result in an adverse safety impact, or if the standard should not apply due to a unique situation. In granting the variance the Planning Commission may require principal facades without a prominent entry -way to be designed with distinctive architectural details (such as changes in wall plane, glazing, human scale elements such as canopies, awnings, small scale lighting, or other feature) to ensure the intent of the code is met. City of Fayetteville, Arkansas Page 1 Printed on 101712015 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2015-0435 Legistar File ID 10/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/18/2015 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: ADM 15-5124: Administrative Item (UDC Chapter 156/VARIANCES): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 156 for clarification to the commercial design standards variance requirement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20140710 Approval Date: U CITY OF Fayp 4 71VIC ARKANSAS MEETING OF OCTOBER 6, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: September 15, 2015 SUBJECT: ADM 15-5124: Administrative Item (UDC Chapter 156/VARIANCES): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 156 for clarification to the commercial design standards variance requirement. RECOMMENDATION: The Planning Commission and staff recommend approval to amend UDC Chapter 156 Variances. BACKGROUND: The City Attorney recently recommended that City Planning staff draft a minor clarification to the commercial design standards building entry requirement. The code change was presented and tabled at the July 27, 2015 Planning Commission meeting. At that meeting the commission advised that additional specifications and clarification be included. A second draft was presented to the Planning Commission at the August 24, 21015 meeting. The commission had further comments and tabled the item again. An ordinance review committee of the commission met on August 31, 2015 with staff to further refine the proposed language. The discussion centered around the requirement for commercial buildings to have a primary entry on all principal facades'. The committee and staff propose to retain the primary entry requirement as written in Chapter 166 (Commercial Design Standards). However, the variance chapter is now revised to allow variances of the architectural design standards in unique situations. The intent is to provide flexibility to address the legal concerns of the City Attorney's office, while giving guidance in a variance situation to ensure buildings provide a well-designed fagade facing adjacent streets. DISCUSSION: On September 14, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Planning Commission Staff Report ' UDC Chapter 151. Principal Fagade The front plane of a building that faces a public street including porches and balconies, but not including stoops, awnings or canopies (whether or not attached to the building). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Proposed UDC_Chagge 166.25 Commercial, Office and Mixed Use Design And Development Standards (C) Building Exterior Appearance and Design Standards. The following exterior development standards and design element guidelines shall be followed: (1) The elements to avoid or minimize include: (a) Unpainted concrete precision block walls; (b) Square "boxlike" structures; (c) Metal siding which dominates the principal facade; (d) Large blank, unarticulated wall surfaces; Elements to Avoid (2) A development which contains more than one building should incorporate a recurring, unifying, and identifiable theme for the entire development site, without replicating the building multiple times. (3) A development should provide compatibility and transition between adjoining developments. (4) All structures shall be architecturally designed to have front facades facing all adjacent street and highway rights-of-way, and shall include at least one prominent entry -way on the principal fagade(s). (5) All buildings should be constructed of wood, masonry, or other similar durable material. 156.03 Development, Parking and Loading (C) Consideration by the Planning Commission. (1) General Design standards. (a) Undue hardship. If the provisions of these standards are shown by the developer to cause undue hardship as they apply to his proposed development, the city Planning Commission may grant a variance to the developer from such provisions, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of development regulations. (b) Conditions. In granting variances, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied. (2) C+omrnercial. Office and Nflxerl Ude De ign ana i]evetopment Standards (a) A varienGca of the exterior aorlearanee and design standards may be granted by the Planning Commission if it is determin9d that strict compliance with the code would result in an adverse safety trrrpact. o r if tne standard andard shpuld�not apaly due to a unique a4yation, In c ft ars-liras the variance the ... Planning Commission may rewire orincioal facades withoul a Prominent entry -way to be designed with distinctive architectural details (such as chances in wall plane glpz+nq h4man scale elements such as canopies, awnings, small scale lighting, or other features} to ensure the intent of the code is met. Planning Commission September 14, 2015 Agenda Item 8 15-5124 UDC Ch. 156 -Variances Page 3 of 3