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HomeMy WebLinkAbout2010-05-10 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting May 10, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on May 10, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: Consent: 1. Approval of the minutes from the Monday, April 26, 2010 meeting. New Business: 2. ADM 10-3561: Administrative Item (UDC AMENDMENT CH. 151 DEFINITIONS AND CH. 164 SUPPLEMENTARY DISTRICT REGULATIONS): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified Development Code, Section 151 Definitions and Section 164 Supplementary District Regulations. The proposed code changes will clarify the definition of 2 -family attached dwelling units. Planner: Leif Olson 3. ADM 10-3567: Administrative Item (UDC AMENDMENT CH. 171 STREETS AND SIDEWALKS): Submitted by CITY PLANNING STAFF for revisions to the Fayetteville Unified Development Code, Chapter 171 Streets and Sidewalks. The proposed amendments will clarify the construction standards and practices for sidewalks and driveway approaches. Planner: Leif Olson 4. ADM 10-3568: Administrative Item (UDC AMENDMENT CH. 177 LANDSCAPE REGULATIONS): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified Development Code, Chapter 177 Landscape Regulations. The proposed code changes will clarify the specifications for shrub plantings to screen parking lots from the street. Planner: Dara Sanders 5. ADM 10-3571: Administrative Item (UDC AMENDMENT CH. 169 PHYSICAL ALTERATION OF LAND AND CH. 170 STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL): Submitted by CITY ENGINEERING STAFF for revisions to Fayetteville Unified Development Code, Chapter 169 Physical Alteration of Land and Chapter 170 Stormwater Management, Drainage and Erosion Control. The proposed code changes will clarify stabilization requirements, require phased construction for sites larger than 20 acres, clarify re -vegetation requirements, clarify requirements for cut and fill slopes and retaining walls, define maintenance responsibility for stormwater management systems, restrict the location of dirt and topsoil storage and define stabilization practices for dirt and topsoil storage, define a qualified inspector for erosion and sediment control BMPs, and require site plans for 1- and 2 - family residences to contain a plan for erosion and sediment control and final on-site drainage. Staff Engineer: Sarah Wrede NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. a e evl le Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of May 10, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Leif Olson, Associate Planner THRU: Jeremy Pate, Development Services Director DATE: May 4, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-356P Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch. 164 Supplementary District Regulations: Townhouse and Two-family Definitions): Submitted by CITY PLANNING STAFF to clarify the definition of, and development standards for, single family attached/townhouse dwelling units and two-family/duplex dwelling units. Planner: Leif Olson BACKGROUND Staff is bringing forward this ordinance in order to clarify the difference between townhouses and duplexes for the purposes of development. Currently, the code contains definitions for dwelling/rowhouse, dwelling/two-family and townhouse. The intent is to remove ambiguity and redundancy between these various definitions. Staff proposes removing the rowhouse and townhouse definitions and replacing these with an amendment to the existing dwelling, two-family/duplex definition and by adding a new dwelling, single-family attached/townhouse definition. Additionally, staff proposes repealing the existing language in Ch. 164.11(B) Side Setbacks as it relates to zero lot line and common wall development and replacing it with new language that requires applicable bulk and area requirements per the underlying zoning district for townhouse development. The attached exhibit contains all of the existing and proposed dwelling definitions located in the Unified Development Code. Definitions proposed to be removed are shown in strikeout and new definitions are shown in bold. PROPOSAL This proposal is to amend the Unified Development Code by adding Chapter 151: Definitions and Ch. 164: Supplementary District Regulations to clarify and correct definitions and development standards for townhouses and duplexes. The proposed changes to Ch. 151 and Ch. 164 are attached in full to this staff report. May 10, 2010 Planning Commission ADM 10-3561 UDC Amend Ch 151 & 164 Agenda Item 2 Page 1 of 4 RECOMMENDATION Staff recommends that the Planning Commission forward ADM 10-3561 to the City Council with a recommendation for approval. Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: May 10, 2010 Comments: May 10, 2010 Planning Commission ADM 10-3561 UDC Amend Ch 151 & 164 Agenda Item 2 Page 2 of 4 Chapter 151: Definitions Dwelling, live/work. A dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two employees that do not dwell in the principal or accessory dwelling unit. Dwelling, manufactured home. (Zoning) A detached residential dwelling unit designated for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connection to utilities, and the like. A travel trailer is not to be considered as a manufactured home. Dwelling, multi -family. (Zoning) A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. . Dwelling, single-family. (Zoning) A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. Dwelling, two-familyc 1t1 . (Zoning) A residential building containing two dwelling units, designed for occupancy by not more than two families and located p one[ot of rec�irdr Dwelling unit. (Zoning) One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. 164.11 Height or Setback Regulations; Exceptions (A) The height limitations contained in the Zoning Regulation, Chapter 161, do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. May 10, 2010 Planning Commission ADM 10-3561 UDC Amend Ch 151 & 164 Agenda Item 2 Page 3 of 4 May 10, 2010 Planning Commission ADM 10-3561 UDC Amend Ch 151 & 164 Agenda Item 2 Page 4 of 4 e Levine y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of May 10, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commissiop� FROM: Leif Olson, Associate Planner �Aii THRU: Jeremy Pate, Development Services Director DATE: April 27, 2010 ADM 10-3567: Administrative Item (UDC AMENDMENT CH. 171.13, Sidewalk, Driveway and Trail Specifications): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified Development Code Section 171.13: Sidewalk, Driveway and Trail Specifications. The proposed code changes amend and clarify the construction standards for sidewalks and driveway approaches. Planner: Leif Olson BACKGROUND The City of Fayetteville last amended this section of the Unified Development Code Chapter 171: Streets and Sidewalks in 1998. The proposed amendments will update construction standards in order to strengthen and clarify the current requirements. Planning staff worked closely with the Engineering Division and the City's Sidewalk Administrator on developing these standards. Primarily the changes deal with construction standards and methods such as: • Sidewalk concrete thickness, compressive strength, reinforcement, etc. • Sidewalk and driveway approach elevations and cross -slopes • Expansion joints and saw cuts specifications and spacing requirements • Crosswalk ramp specifications RECOMMENDATION Staff recommends forwarding ADM 10-3567 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: yes Required Planning Commission Action: Motion: Second: Vote: Meeting Date: May 10, 2010 ❑ Forwarded ❑ Tabled ❑ Denied May 10, 2010 Planning Commission ADM 10-3567 UDC Amend Ch 171 Agenda Item 3 Page 1 of 6 171.13 Sidewalk, Driveway And Trail Specifications (A) Sidewalks. (1) Grades; establishment of property lines. All sidewalks, streets' :curbing and guttering access ramps, and driveway approaches shall be constructed in grades as established approved by the City official Engineer. It shall be the responsibility of the owner to establish property lines by competent survey at his/her own expense. (2) Minimum width of sidewalks. The minimum width of sidewalks shall follow the guidelines of the Master Street Plan, of the Comprehensive Land Use Plan. (3) Sidewalk distances from the curb. The sidewalk setback distance from the curb shall follow the guidelines of the Master Street Plan, of the Comprehensive Land Use Plan. (4) Minimum distance between sidewalk and slope or retaining walls. There shall be a minimum of one (1) foot between the sidewalk and the beginning of a slope as shown on the typical section detail. There shall be a minimum distance of two (2) feet between the sidewalk and retaining walls. (5) Cement -concrete requirements. All sidewalks, street curbing and guttering access ramps, and concrete driveway approaches shall be constructed of a portland cement concrete mixture which will produce a concrete of a compressive strength of 3,000 3,500 pounds per square inch after 28 days set under standard laboratory methods. (6) Minimum thickness of sidewalks and driveway approaches. (a) Sidewalks. The minimum thickness of sidewalks shall be four (4) inches. Any fill materials required for residential or commercial sidewalks shall consist of approved compacted base -material. (b) Residential driveway approaches. The minimum thickness of residential driveway approaches shall be four (1). six (6) inches with four inches of compacted base material or six-inch by six-inch 10 - gauge reinforcing steel mesh. (c) Commercial driveway approaches. The minimum thickness of commercial driveway approaches shall be six (6) inches with six (6) inches of compacted base material or six-inch by six-inch 10 -gauge reinforcing steel mesh. (7) ADA guidelines. Sidewalks shall conform to ADA guidelines. (8) Continuous through driveway approach. Sidewalks shall be continuous through driveways with an cold-jeint-er expansion joint at the edge of the sidewalk opposite the street. (9) Edge adjacent to street. The sidewalk edge adjacent to the street shall have at least one (1) inch deep grooved joint mark (cannot be a saw cut, however it can be a cold joint) to clearly define the sidewalk through the driveway and approach. (10) Sidewalk elevation. Tho sidewalk elevation chall bo two (2) porcont above towards tho curb (one fourth inch in each -foot). The back of sidewalk elevation shall be such that the slope from the back of sidewalk to the top of curb is 2%, unless otherwise approved by the City Engineer. This elevation shall be continuous through the driveway approach. (11) Cross Slope. Sidewalk cross slopes shall be a minimum of one (1) percent and a maximum of two (2) percent. Sidewalks that are to be constructed adjacent to the curb shall be so located at their intersection with the driveway approach and thc driveway that the ADA requirement of the two (2) percent maximum vertical cross slope is met. (12) Drivoway approach The area flow line of thc gutter, called thc approach to the dnv way,shall sl pe up to the elevation of the sidewalk. (12) Joint material. Wood shall not be acceptable in sidewalks for expansion joints. The joint material shall be the same as approved for AHTD sidewalk construction (AASHTO M 213). May 10, 2010 Planning Commission ADM 10-3567 UDC Amend Ch 171 Agenda Item 3 Page 2 of 6 (13) Expansion joint. Full depth expansion joints (four inches) shall be provided at intervals not greater than 50 feet. One- quarter depth (one inch) weakened plane joints, or saw -cut joints, shall be placed in sidewalk at regular intervals not greater than 10 foot apart the width of the sidewalk... Maximum joint spacing shall not be greater than two times the thickness of the .sidewalk. Saw joints shall be filled with self leveling sealant such as Sonne Born SL1 or equivalent. (14) Inspection. All sidewalks and curb cuts made for driveway approaches require an inspection prior to the concrete poor placement. (15 )Materials. The material used for sidewalk construction shall be Portland cement concrete having a broom finish. The use of other materials must have the approval of the side -',.a»• a ailo seerdinator ADA Administrator or the City Engineer. (16) Edges. All sidewalks shall have one- half (1/2) inch rolled edges. (17) Removal/replacement. Removal and replacement of broken sidewalks require vertical saw -cuts on both ends of the sidewalk being replaced. (18) Curing compound. All sidewalks and driveway approaches require the application of a concrete curing compound or the concrete is to be kept moist for seven (7) days. Slope 1/4" per foot max Sidewalk Details (B) Driveway approaches. (See: Illustration, Standard Driveway Approach -Residential) (1) Curb removal. Curb, if existing, shall be removed for full width of the drive approach. (2) Horizontal Vertical curb cut. Horizontal Vertical curb cutting along the flow -line of the gutter is allowed. (3) No horizontal:, vertical curb cut If no horizontal vertical curb cut is made, complete curb and gutter removal is required. (4) Concrete removal. All concrete to be removed shall be saw -cut. (5) Driveway ,approach. The area remaining between the sidewalk and the flow -line of the gutter, called the approach to the driveway, shall slope up to the elevation of the sidewalk. (6) Broken edges of saw -cuts. Broken edges of saw -cuts caused by demolition require a new saw -cut. (7) Safoty zonos. Safoty zones botwoon driveway approaches chal not bo I^es than the dictanco designatod for stancos botwoon curb ` cuts in tiw cfantlards for stroot dceigh. On street the standards for c (lector streets shall apply. Curbs shall bo installed 'to afety zones G. Tho barrier lino nearest mo strcct ort 'highway shall bo on lino with existing curbs, or established curb 1 nos, but notiloss than 22'.foot fr m tho canter of tho`.pavomont;Iprovidod the city official door n t requiro a greater distance whori needed to" preserve tyro aafety and utility of the street or highway, or provide conformance with proposed '.street or highway improvements' The curb cut for ':a driveway approach (other than fora single family :rosidontial .'lot) shall bo Iodated a minimum of 122.fcct from tho rosidontial lots shall bo soparatod by a minimum of 10 foot. Tho curb cut for driveway approach on a tingle -family residential .lot shall bo I cated "a minimum of .'five feet from the side shall not apply to a joint driveway two adjoining lots), r residential lots on the turning circle of 3 cul dc sac. (8) Safety zon s at intersections and constructed loss than tho distance from the corner of a street or highway May 10, 2010 Planning Commission ADM 10-3567 UDC Amend Ch 171 Agenda Item 3 Page 3 of 6 (9) intersection designated: in the standards for street design, provided tho city official may require a greater distance between the corner arid tho driveway approach to preserve tho safoty of the stroot or highway; provided further, the city, may require tho property owner to do.,ignato 'a driveway" appr ach ''for entrance nly' or for exit only" whoro more than ono driveway approach provides access to tho property in order to preservethe safoty of the street or highway. On etre is of a higher:iuso or distances between'. curb cuts i for Variations. The city official may grant variations :-where strict enforcement would bo Impractical duo '. to circumstances unique to the individ al property under consideration. esidential Standard Driveway Approa Edge of Gutter Y Curb Face Flow IIR Section A -A ndard Driveway Approach Residential (C) Access ramps. (See: Illustration guidelines: Fig. 11, and Fig. 12) (1) ADA requirements. Access ramps shall conform to ADA requirements, including detectable warning devices such as truncated domes. (2) Sidewalk intersections. Access ramps shall be installed at all sidewalk intersections with the street. (3) Parallel direction. Access ramps shall typically be installed in a direst -parallel direction to the sidewalk. Typically street intersections will have two sidewalk access `-ramps located outside of the curb radius. (Final location shall be determined by the Sidewalk Administrator. assess -ramps. (4) Raised access ramp crosswalk. The raised or built-up access ramp shall not be installed on public streets without the approval of the ctroot superintendent City engineer.'. (5) Minimum width. The minimum width of a curb ramp shall be 34 Forty-eight (48) inches, and 41i sixty (60) inches is recommended, exclusive of flared sides. Slope. The slope of t be greater than 8.33% he ramp shall not Slope of flared sides. flared sides shall not 10% (1:10). Broom finish. Access a broom finish. (1:12). The slope of the be greater than ramps shall have Measurement of Curb Ramp Slopes Adjoinhi. lope shall notexce-' .r20 Sidewalk Slope = '/X he X is a level surface Street Planted or other non -walking surfaces Flared side If X is less i •n48 in. than the slope ; the flared side shall = exceed 1:12. (a)Flared Sides Fig. 11 Built-up Curb Ramp (b)Retumeurb Fig. 12 Sides of Curb 10 1 Bui Curb Ram Fig. 12 May 10,2010 Planning Commission ADM 10-3567 UDC Amend Ch 171 Agenda Item 3 Page 4 of 6 171.13 Sidewalk, Driveway And Trail Specifications (A) Sidewalks, Driveway Approaches and Trails General Specifications. (1) Grades; establishment of property lines. All sidewalks, access ramps, and driveway approaches shall be constructed in grades as approved by the City Engineer. It shall be the responsibility of the owner to establish property lines by competent survey at his/her own expense. (2) Minimum width of sidewalks. The minimum width of sidewalks shall follow the guidelines of the Master Street Plan. (3) Sidewalk distances from the curb. The sidewalk setback distance from the curb shall follow the guidelines of the Master Street Plan. (4) Minimum distance between sidewalk and slope or retaining walls. There shall be a minimum of one (1) foot between the sidewalk and the beginning of a slope as shown on the typical section detail. There shall be a minimum distance of two (2) feet between the sidewalk and retaining walls. (5) Cement -concrete requirements. All sidewalks, access ramps, and concrete driveway approaches shall be constructed of a portland cement concrete mixture which will produce a concrete of a compressive strength of 3,500 pounds per square inch after 28 days set under standard laboratory methods. (6) Minimum thickness of sidewalks and driveway approaches. (a) Sidewalks. The minimum thickness of sidewalks shall be four (4) inches. Any fill materials required for residential or commercial sidewalks shall consist of approved compacted material. (b) Residential driveway approaches. The minimum thickness of residential driveway approaches shall be six (6) inches with four (4) inches of compacted base material or six-inch by six-inch 10 -gauge reinforcing steel mesh. (c) Commercial driveway approaches. The minimum thickness of commercial driveway approaches shall be six (6) inches with six (6) inches of compacted base material or six-inch by six-inch 10 -gauge reinforcing steel mesh. (7) ADA guidelines. Sidewalks shall conform to ADA guidelines. (8) Continuous through driveway approach. Sidewalks shall be continuous through driveways with an expansion joint at the edge of the sidewalk opposite the street. Edge adjacent to street. The sidewalk edge adjacent to the street shall have at least one (1) inch deep grooved joint mark (cannot be a saw cut, however it can be a cold joint) to clearly define the sidewalk through the driveway and approach. (9) (10) Sidewalk elevation. The back of sidewalk elevation shall be such that the slope from the back of sidewalk to the top of curb is 2%, unless otherwise approved by the City Engineer. This elevation shall be continuous through the driveway approach. (11) Cross slope. Sidewalk cross slopes shall be a minimum of one (1) percent and a maximum of two (2) percent. Sidewalks that are to be constructed adjacent to the curb shall be so located at their intersection with the driveway approach the ADA requirement of the two (2) percent maximum cross slope is met. (12)Joint material. Wood shall not be acceptable in sidewalks for expansion joints. The joint material shall be the same as approved for AHTD sidewalk construction (AASHTO M 213). (13)Expansion joint. Full depth expansion joints (four inches) shall be provided at intervals not greater than 50 feet. One- quarter depth (one inch) weakened plane joints, or saw -cut joints, shall be placed in sidewalk at regular intervals not greater than the width of the sidewalk. Maximum joint spacing shall not be greater than two times the thickness of the sidewalk. Saw joints shall be filled with self leveling sealant such as Sonnebom SL1 or equivalent. May 10, 2010 Planning Commission ADM 10-3567 UDC Amend Ch 171 Agenda Item 3 Page 5 of 6 (14) Inspection. All sidewalks and curb cuts made for driveway approaches require an inspection prior to the concrete placement. (15)Materials. The material used for sidewalk construction shall be portland cement concrete having a broom finish. The use of other materials must have the approval of the Sidewalk/ADA Administrator or the City Engineer. (16)Edges. All sidewalks shall have one- half (1/2) inch rolled edges. (17)Removal/replacement. Removal and replacement of broken sidewalks require vertical saw -cuts on both ends of the sidewalk being replaced. (18)Curing compound. All sidewalks and driveway approaches require the application of a concrete curing compound or the concrete is to be kept moist for seven (7) days. (B) Driveway Approaches. Detailed driveway approach diagrams are available from the City Engineering Division. (1) Curb removal. Curb, if existing, shall be removed for full width of the drive approach. (2) Vertical curb cut. Vertical curb cutting along the flow -line of the gutter is allowed. (3) No vertical curb cut. If no vertical curb cut is made, complete curb and gutter removal is required. (4) Concrete removal. All concrete to be removed shall be saw -cut. (5) Driveway approach. The area remaining between the sidewalk and the flow -line of the gutter, called the approach to the driveway, shall slope up to the elevation of the sidewalk. (6) Broken edges of saw -cuts. Broken edges of saw -cuts caused by demolition require a new saw -cut. (7) Maximum longitudinal slope for diriveways. The maximum longitudinal slope for driveways shall be no more than 15%. (C) Sidewalk and Access Ramp Specifications. Detailed sidewalk and access ramp diagrams are available from the City Engineering Division. (1) ADA requirements. Access ramps shall conform to ADA requirements, including detectable warning devices such as truncated domes. (2) Sidewalk intersections. Access ramps shall be installed at all sidewalk intersections with the street. (3) Parallel direction. Access ramps shall typically be installed in a parallel direction to the sidewalk. Typically, street intersection will have two access ramps located outside of the curb radius. Final location shall be determined by the Sidewalk Administrator. (4) Raised crosswalk. The raised or built- up access ramp shall not be installed on public streets without the approval of the City engineer. (5) Minimum width. The minimum width of a curb ramp shall be Forty-eight (48) inches, sixty (60) inches is recommended, exclusive of flared sides. (6) Slope. The slope of the ramp shall not be greater than 8.33% (1:12). Slope of flared sides. The slope of the flared sides shall not be greater than 10% (1:10). (7) (8) Broom finish. Access ramps shall have a broom finish. May 10, 2010 Planning Commission ADM 10-3567 UDC Amend Ch 171 Agenda Item 3 Page 6 of 6 1 ay e evile ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of May 10, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 6, 2010 ADM 10-3568: Administrative Item (UDC AMENDMENT CH. 177 LANDSCAPE REGULATIONS): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified Development Code, Chapter 177 Landscape Regulations. The proposed code changes clarify the specification for shrub plantings to screen parking lots from the street. Planner: Dara Sanders Background and Proposal: The City of Fayetteville adopted Chapter 177, Landscape Regulations, in 2006 to preserve and enhance the natural beauty of Fayetteville and to reduce the environmental impact of development. City Planning staff and the Urban Forester have administered the regulations in Chapter 177 for almost four years and find that the shrub planting section under the perimeter landscaping requirements are inconsistent with and rarely achieve the intent and purpose - to provide a continuous vegetative screen that will minimize the visual impact of a parking lot from the public right-of-way. Chapter 177.04(D)(4) requires a property owner to plant a minimum of eight (8) shrubs for every one (1) street tree planted. However, depending upon the type of shrub, this specific requirement may not be sufficient to provide a continuous row of screening and to effectively buffer parking lots from the street. Most developments planted with screening shrubs in accordance with code have large gaps in between the shrubs, even after several years of growth. Staff finds that requiring an exact number of shrubs under the current ordinance is counterproductive to the purpose of forming a continuous vegetative buffer. Therefore, staff proposes to remove the minimum number and to simply require that the shrubs form a "seamless row of hedging". The Urban Forester and the species list in the Landscape Manual will be relied upon to ensure that the spacing and size of shrubs at planting are the minimum needed to provide the desired hedgerow effect, which is dependent on the shrub species. Summary: The proposal to amend sections of Chapter 177.04 Site Development and Parking Lot Landscape Standards is summarized below and attached in full to this staff report: Chapter Section Description 177.04(D)(2)(b) Landscape Regulations - Strike the Design OverlayDistrict requirement for 25 feet of green space. (a general clean-up that was overlooked in a previous code change) 177.04(D)(4) Landscape Regulations - Modify the language from "continuous rows" to "seamless row of hedging" and strike the specified number of shrubs. - Strike the spacing requirement. G: IETCIDEVELOPMENT.SERVICES REVIEW201OlDEVELOPMENT REVIEIMIO-3568 ADM LANDSCAPE REGULATIONS103-PLANNING COMM/SSIOM05-10-10110-3568 ADM LANDSCAPE REGULATIONSDOC May 10, 2010 Planning Commission ADM 10-3568 UDC Amend Ch 177 Agenda Item 4 Page 1 of 4 The ordinance amendments are shown in highlight and strikeout and are attached to the staff report. RECOMMENDATION Staff recommends forwarding ADM 10-3568 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: yes Required Planning Commission Action: 0 Forwarded ❑ Tabled ❑ Denied Motion: Second: Vote: Meeting Date: May 10, 2010 G: IETCIDEVELOPMENT SERVICES REVIEW120101DEVELOPMENTREVIEV✓I/0-3568 ADM LANDSCAPE REGULATIONSI03-PLANNING COMMISSIOM05-10-10110-3568 ADM LANDSCAPE REGULATIONSDOC May 10, 2010 Planning Commission ADM 10-3568 UDC Amend Ch 177 Agenda Item 4 Page 2 of 4 UDC Amendments for Chapter 177: Landscape Regulations (Mark Up) 177.04 Site Development And Parking Lot Landscape Standards (D) Perimeter landscaping requirement. Proposed development shall be landscaped meeting the following requirements: (1) Side and rear property lines. All parking lots shall have five feet (5) of landscaped area between the property line and parking lot. The two foot (2') vehicle overhang option may be included to meet this requirement. Depending on the use and location, additional landscaped area and screening may be required along property lines. (2) Property lines adjoining street right-of-way. (a) Landscape area required. A fifteen (15) foot wide landscaped area shall be provided along the front property line exclusive of and adjacent to the Master Street Plan right-of-way. Points of access (entrance drives, exit drives) and sidewalks are allowed to cross the fifteen (15) foot landscaped area provided the integrity of the landscaped area is maintained. (b) :Design Ovorlay District. Within'. tho octablichod boundary of the Design lt Overlay District, a twonty five (25) foot wide landccap d ar a :shall be Provided along the front -property. lino oxclucvo of the Mast r Stroot Plan right of way (161 24). I: Points of access (entrance drives, exit drives) and sidowalks aro allowed to' cross the twenty fivo (25) foot landccapcd_`arca provided tho integrity of tho landscapod aroa is maintainod. (o) Residential zones. Except for permitted entrance drives, every development shall be landscaped for an equal and uniform width of 15 feet parallel to the front property line(s) street right-of-way. Single family residential uses shall be exempt from this requirement. (e)(1) Shade. All tree planting locations shall attempt to achieve shade for parking lots, cars, benches, pedestrian walkways, etc., by utilizing aspect and locating trees along the south and west boundary of these areas. (f) (e) Screening. Parking lots containing five (5) or more spaces shall be screened from the public right-of-way and adjacent properties, where said parking areas are adjacent to residential zones, with shrubs and/or graded berms. If graded berms are used, shrubs are also required. (g) (f) Perimeter planting location. All plantings noted herein shall be installed within the required landscape area. Subject to approval by the Urban Forester, required trees and shrubs may be planted within the right-of-way or outside the required landscape area parallel to the street right- of-way only in extenuating circumstances. (3) Tree Planting. (a) Large species trees shall be planted in the required fifteen (15) foot landscaped area containing one (1) tree per thirty (30) linear feet along the front property line. Trees along the perimeter may be grouped to allow flexibility in design. The maximum allowed grouping may be up to twenty-five (25%) percent of the required number of street trees. (4) (c) Nonresidential zones. Except for permitted entrance drives, every development shall be landscaped for an equal and uniform width of 15 feet parallel to the front property line(s) street right-of-way. Properties developed with an urban streetscape, utilizing urban tree wells as defined herein, shall be exempt from this requirement. (b) Species selection shall be chosen from the approved list of trees for landscaping found in the appendices of the City of Fayetteville Landscape Manual. Alternate tree species selections may be approved by the Urban Forester. No more than 25% of trees planted to meet perimeter landscaping requirements may be evergreen. (c) Planted trees shall have a two (2) inch caliper (diameter) measured six (6) inches above ground level at the time of planting. (d) At the request of the developer, the Urban Forester may exempt specific areas from required tree planting where the terrain, existing trees or other physical limitations make the planting of new trees impracticable. In cases of existing overhead power lines, small trees shall be planted that will not interfere with the existing power lines. May 10, 2010 Planning Commission ADM 10-3568 UDC Amend Ch 177 Agenda Item 4 Page 3 of 4 Fayetteville Code of Ordinances Species selection shall be approved by the Urban Forester. (4) Shrub Planting. way shall is have shrubs planted in chrubs shall bo planted for ovory trop required In the landscape area adjacent to a right_of way. The requirement for a continuous planting of shrubs is intended to lessen the effect of extensive paving. Groupings of shrubs aro encouraged;: oquiredas wol. Parking lots that require screening shat have shrubs that are spaced so as to create a seamless row of hedging:: A minimum 50% of shrubs shall be evergreen. (s) Shrub size at the time of planting shall be a minimum of three (3) gallon containers with an expected height of three (3) feet or more in a seamless row of hedging within two (2) years of installation., (5) Ground Cover Planting. All landsccpelareas shall be re -vegetated with apppropriate` perennial groundcover. Prior to certificate of occupancy, all bare soil shall be adequately covered in accordance with the Unified Development Code. CD277: May 10, 2010 Planning Commission ADM 10-3568 UDC Amend Ch 177 Agenda Item 4 Page 4 of 4 ve1-atteirtle I ARKANSAS www.accessfayetteville.org THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 PC Meeting of May 10, 2010 TO: Fayetteville Planning Commission, meeting of May 10, 2010 FROM: Sarah Wrede, Staff Engineer THRU: Jeremy Pate, Development Services Director Chris Brown, City Engineer DATE: May 4, 2010 ADM 10-3571: Administrative Item (UDC AMENDMENT CH. 169 PHYSICAL ALTERATION OF LAND AND CH. 170 STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL): Submitted by CITY ENGINEERING STAFF for revisions to Fayetteville Unified Development Code, Chapter 169 Physical Alteration of Land and Chapter 170 Stormwater Management, Drainage and Erosion Control. The proposed code changes will clarify stabilization requirements, require phased construction for sites larger than 20 acres, clarify re -vegetation requirements, clarify requirements for cut and fill slopes and retaining walls, define maintenance responsibility for stormwater management systems, restrict the location of dirt and topsoil storage and define stabilization practices for dirt and topsoil storage, define a qualified inspector for erosion and sediment control BMPs, and require site plans for 1 &2 family residences to contain a plan for erosion and sediment control and final on-site drainage. Staff Engineer: Sarah Wrede BACKGROUND The proposed revisions are driven by the following four objectives: • The Nutrient Reduction Plan, completed by the City based on the 2006 Agreement between the City and Beaver Water District, recommended certain revisions to Chapter 169 and 170 of the UDC. • The City's Arkansas Department of Environmental Quality NPDES General Permit No. ARR040000 requires the City to be as strict or stricter than the requirements of the Arkansas Department of Environmental Quality NPDES General Permit No. ARR150000 — Construction General Permit. • The City's Arkansas Department of Environmental Quality NPDES General Permit No. ARR040000 requires post -construction stormwater management to minimize water quality impacts and ensure the long-term operation and maintenance of selected Best Management Practices. • Staff seeks to address and plan for the drainage of residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to both the City and home owner. PROPOSAL The proposal before you is to revise two chapters of the UDC. The proposed revisions are summarized in the attached memos. The proposed Chapter 169: Physical Alteration of Land and Chapter 170: Stormwater Management, Drainage and Erosion Control are attached in full to this staff report. RECOMMENDATION Staff recommends that the Planning Commission forward ADM 10-3571 to the City Council with a recommendation for approval. Telecommunications Device for the Deaf TOD (479) 521-1316 May11Ay QMountain - Fayetteville, AR 72701 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 1 of 28 'Frelevile THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 / ARKANSAS www.accessfayett ev ill e.o rg PC Meeting of May 10, 2010 TO: Fayetteville Planning Commission, meeting of May 10, 2010 FROM: Sarah Wrede, Staff Engineer THRU: Jeremy Pate, Development Services Director Chris Brown, City Engineer DATE: May 4, 2010 RE: Summary of Proposed Revisions to CHAPTER 169: PHYSICAL ALTERATION OF LAND Staff is proposing revisions throughout CHAPTER 169: PHYSICAL ALTERATION OF LAND. Please view the draft ordinance for complete revisions. The retaining wall diagrams on pages 9 and 10 have been completely revised. The major points of revision to CHAPTER 169: PHYSICAL ALTERATION OF LAND are summarized below: Stabilization • 169.04 Minimal Erosion Control Requirements, Section B • Existing to Remove: Stabilization. All graded and otherwise disturbed areas shall be stabilized within 15 days immediately after the grading or disturbance has been completed. Stabilization methods such as baled straw, filter fabric, ditch checks, diversion ditches, brush barriers, sediment basins, matting, mulches, grasses and groundcover shall be used. • Replace With: A record of the dates when grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the erosion and sediment control plan. Except as provided in (1) and (2) below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. (1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (2) Where construction activity will resume on a portion of the site within 21 days from when activities ceased, (e.g. the total time period that construction activity is temporarily ceased is less than 21 days) then stabilization measures do not have to be initiated on that portion of the site by the 14th day after construction activity temporarily ceased. Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation and other appropriate measures. Reasons for revision: This is a recommendation from the Nutrient Reduction Plan and it conforms to the Arkansas Department of Environmental Quality NPDES General Permit No. ARR150000 — Construction General Permit. The "record of dates" will also allow the City's inspectors to more effectively enforce these requirements. Debris, mud. and soil in public streets • 169.04 Minimal Erosion Control Requirements, Section (F) • Existing to Remove: Removal of mud/dirt from public streets. Any debris, soil, or mud from development sites reaching a public street shall be immediately removed. Telecommunications Device for the Deaf TDD (479) 521-1316 Mal 1131N2@t1Mountain - Fayetteville, AR 72701 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 2 of 28 THE CITY OF FAYETTEVILLE, ARKANSAS (c) 10:1 up to 4:1 grade: Re -vegetation shall be a minimum of hydro -seeding with mulch and fertilizer, sod, or groundcover. Said planting shall provide complete and uniform coverage in no more than two growing seasons. (d) 4:1 to 3:1 grade: The slope shall be covered with landscape fabric and hydro -seeded with mulch and fertilizer, or staked sod, or groundcover. Said planting shall provide complete and uniform coverage in no more than two growing seasons. (e) More than 3:1 grade: Any finish grade over 3: shall be stabilized with one or more of the following: 1) Retaining walls; 2) Cribbing with landscape fabric; 3) Terracing with groundcover; 4) Riprap; 5) Staked Sod (up to 2:1 slope) If Cribbing, Terracing, or Riprap is used, the slope's stability and erodibility must be equivalent to or better than its predevelopment state. • Reasons for revision: This is a recommendation from the Nutrient Reduction Plan and conforms with the Arkansas Department of Environmental Quality NPDES General Permit No. ARR150000 — Construction General Permit. The re -vegetation section is recommended by staff for clarification of existing policy. Preliminary Plat Master Build -Out Grading Plan • 169.07 Grading Plan Specifications, Section (A) (18) • New Language: Preliminary plat master build -out grading plan. The applicant shall prepare a master grading plan to be followed during individual lot development to convey runoff to a public drainage easement or right of way. In addition to the requirements of 169.07 A, the following shall be required for individual lot drainage design: a. Identify lot lines and conceptual foot print of residence. b. Establish the minimum finish floor and grading adjacent to the residential structure in accordance with Chapter 173 Building Regulations and the Arkansas Fire Prevention Code. c. Indicate individual lot drainage with the use of spot elevations and flow arrows. i. The minimum slope of the flow path from the top of curb, top bank, or approved drainage inlet to the high point of the final graded lot shall be at a minimum of 2% for grassed surfaces. H. In general, drainage should be routed on the shortest practicable flow path to the public right of way or drainage easement. d. Non structural grassed swales for rear lot drainage concentration is discouraged and shall not be installed in combination with a utility easement. e. Utility Easements shall be graded and shaped in accordance with the master build -out grading plan during preliminary plat construction. i. Provisions will be considered to accommodate positive drainage until build -out occurs. • Reasons for revision: This section is recommended by staff in an effort to address and plan for the drainage of residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to both the City and home owner. Telecommunications Device for the Deaf TDD (479) 521-1316 3 MayTh3Y€ Mountain- Fayetteville, AR 72701 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 3 of 28 1ivtlle THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)4443443 PC Meeting of May 10, 2010 TO: Fayetteville Planning Commission, meeting of May 10, 2010 FROM: Sarah Wrede, Staff Engineer THRU: Jeremy Pate, Development Services Director Chris Brown, City Engineer DATE: May 4, 2010 RE: Summary of Proposed Revisions to CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL Staff is proposing revisions throughout CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL. Please view the draft ordinance for complete revisions. The major points of revision to CHAPTER 170: STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL are summarized below: Low Impact Development • 170.07 Performance Criteria, Section (B) (3) • New Language: Low Impact Development. Use of Low Impact Development design strategies, as described in Chapter 179, to attenuate lesser storms and more closely mimic predevelopment hydrology is encouraged. Direct Discharge • 170.07 Performance Criteria, Section (B) (4) • New Language: Direct Discharge. Direct Discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways. • Reasons for revision: This Best Management Practice supports the City's Arkansas Department of Environmental Quality NPDES General Permit No. ARR040000, Post -Construction Stormwater Management goal to minimize water quality impacts. Maintenance Responsibility • 170.08 Maintenance Responsibility, Sections (A — G) • New Language: (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be dedicated by plat or separate instrument and accepted by the City Engineer. (B) Perpetual Inspections and Maintenance Agreements. The City shall require a Stormwater Management Practices Maintenance Agreement, for systems not dedicated to the City, of all entities for stormwater management conveyance systems and structures in the stormwater management plan for their proposed development. The City shall require the following set of documents and agreements prior to stormwater systems and structures approval: (1) Agreement of Maintenance Responsibility. The owner of the property on which the stormwater systems structures have been installed shall agree to undergo ongoing inspections, and document maintenance and repair needs. (2) Agreement to Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and structures have been installed shall agree to maintain in good condition and promptly repair and restore all grade Telecommunications Device for the Deaf TDD (479) 521-1316 May1'gQ eniountain- Fayetteville, AR 72701 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 4 of 28 THE CITY OF FAYETTEVILLE, ARKANSAS After the 2nd Inspection Report is received, the City Engineer will make a determination whether subsequent Inspection Reports will be required to be submitted based upon the stabilization of the site and the condition of the stormwater systems. (E) Right -of -Entry for Inspection. The Stormwater Management Maintenance Agreement shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. (F) Failure to Maintain. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement the City shall give written notice requesting corrective action. If the conditions described in the Failure to Maintain notice are not corrected within 10 days after such notice is given, the mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien may be enforced at any time within 18 months after work has been done, by an action in circuit court; or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after 30 days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus ten percent penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three percent thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad !item may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (G) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine the whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. • Reasons for revision: This section supports the City's Arkansas Department of Environmental Quality NPDES General Permit No. ARR040000, Post -Construction Stormwater Management requirement to ensure the long- term operation and maintenance of selected BMPs. Dirt and Topsoil Storage • 170.10 Stormwater Discharges From Construction Activities, Section (A) (9) • Existing to Remove: Dirt and Topsoil Storage. All uncovered soil or dirt storage piles should be located more than 25 feet from a roadway or drainage channel. If these piles remain for 15 or more days, then their surfaces must be stabilized. If the piles will be in place for less than 15 days, then their perimeters must be surrounded by appropriately installed erosion control devices such as silt fences or straw bales. Dirt or soil storage piles located less than 25 feet from the road and in place for 15 or more days must be covered with tarps or other control. If the piles will be in place for less than 15 days, then their perimeters must be surrounded by silt fence or straw bales. Storm drain inlets must be protected from potential erosion from near -street storage piles by silt fence or other appropriate barriers. • Replace With: Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and Telecommunications Device for the Deaf TDD(479)521-1316 3 Mayi i ountain-Fayetteville, AR 72701 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 5 of 28 THE CITY OF FAYETTEVILLE, ARKANSAS (B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide detailed drainage information including flow arrows and design spot elevations including the proposed finish floor elevation meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (C) Rear lot drainage easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures, ie, electric transformers, gas meters, communication junctions, etc. (D) Final Plat. The Final Plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. • Reasons for revision: This section is recommended by staff in an effort to address and plan for the drainage of residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to both the City and home owner. 1 & 2 Family Residential Requirements • 170.12 1 & 2 Family Residential Requirements, Sections (A — C) • New Language: (A) 1 &2 Family Residential and Sites under One Acre. All residential lots must maintain properly installed erosion and sediment control measures from the beginning of construction until slope stabilization and/or vegetation is established in order to prevent silt and sediment from going offsite or into the street. (B) A building permit application shall contain sufficient site drainage information to determine whether the project complies with the requirements of this chapter. (C) If the Final Plat of the Subdivision, in which the proposed building is located, includes an approved master drainage plan, this plan shall be included in the building permit application and the individual lot drainage plan shall follow the master drainage plan. • Reasons for revision: This section is recommended by staff in an effort to address and plan for the drainage of residential lots before homes are constructed after which repairs to alleviate drainage problems can be costly to both the City and home owner. Telecommunications Device for the Deaf TDD (479) 521-1316 b May11304V@ftTountain - Fayetteville, AR 72701 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 6 of 28 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 169: PHYSICAL ALTERATION OF LAND 169.01 INTENT 3 169.02 GENERAL REQUIREMENTS 3 169.03 PERMITS REQUIRED/EXCEPTIONS 3 169.04 MINIMAL EROSION CONTROL REQUIREMENTS 4 169.05 ONE-TIME APPROVALS 5 169.06 LAND ALTERATION REQUIREMENTS 5 169.07 GRADING PLAN SPECIFICATIONS 11 169.08 GRADING PLAN SUBMITTAL 12 169.09 MINOR MODIFICATIONS 12 169.10 APPROVAL 12 169.11 DISCOVERY OF HISTORIC RESOURCES 12 169.12 CERTIFICATE OF OCCUPANCY 13 169.13 OWNER RESPONSIBILITY 13 169.14-169.99 RESERVED 13 CD169:1 May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 7 of 28 Fayetteville Code of Ordinances CD169:2 May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 8 of 28 169.01 Intent TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 169: PHYSICAL ALTERATION OF LAND 169.03 Permits Required/Exceptions (A) Permit required. No grading, filling, excavation, or land alteration of any kind shall take place without first obtaining: (A) It is the city's intent to safeguard the health, safety, and welfare of Fayetteville citizens by implementing standards and procedures for the physical alteration of land. It is not the city's intent to supersede federal or state regulations such as, but not limited to, the Occupational Health & Safety Act. (B) The purpose of this chapter is to control grading, clearing, filling, and cutting (or similar activities) which alone or in combination cause landslides, flooding, degradation of water quality, erosion and sedimentation in storm sewer systems and water storage basins. It is also the intent of this chapter that through the implementation of the guidelines and regulations contained herein, the existing scenic character and quality of the neighborhood and city as a whole not be diminished. (Code 1991, §161.01; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98) 169.02 General Requirements (A) Protection. Persons engaged in land alteration. activities regulated by this chapter shall take measures to protect public and private properties from damage by such activities. (B) Site conditions. Development shall generally conform to the natural contours of the land, natural drainage ways, and other existing site conditions. (1) A grading permit pursuant to this chapter except as specified in §169.03(B); (2) A stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") except as specified in §170.03(C) and §170.03(D); and (3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (4) A grading permit is requiredby the City for any -`development occurring within the Hillside/Hilltop Overlay District boundaries. If a parcel of land is divided by the Hillside/Hilltop Overlay District boundary, then only that portion of land lying within the bounoary is subject to the requirements of this chapter. (C) Adjacent properties. All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such development. More specifically, new development may not unreasonably impede water runoff from higher properties nor, may it unreasonably channel water onto lower properties. (D) Restoration. Land :.shallbe revegetated and restored as close as practically possible to its original conditions so far as to minimize runoff and erosion: are concerned. Previously forested areas shall follow the City's Landscape Manual for mitigation of forested areas. (Code No. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §l, 8-18-98; Ord. 4855,4-18-06) (B) Exceptions where nog rading permit is required. Grading permits are not required for the following: CD169:3 (1) Excavation below finish grade. Excavations below finished grade for basements, feelings, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) (3) Cemetery graves. Cemetery graves. Refuse disposal. Refuse disposal sites controlled by other regulations. (4) Single-family/duplex. Construction of one single-family residence, or duplex not located within the 100 year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15 % or greater. (5) Building additions. Building additions of less than 2,000 square feet where associated land alteration activities are not beyond the scope of what is necessary to construct said addition and are not located within the 100 year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15 % or greater. (C) Grading permit application and approval. No grading permit shall be issued until the grading May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 9 of 28 Fayetteville Code of Ordinances plan, endorsed by a registered architect, landscape architect, or engineer, is approved by the City Engineer. A separate permit shall be required for each site; it may cover both excavations and fills. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03., coordination with Chapter 167. Tree Preservation and Protection is required. (D) Permit posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. 4855, 4-18-06) 169.04 Minimal Erosion Control Requirements if exempt undcr §160.02, If exempt under 169.03, a grading permit is not required. However, exempt as well as non-exempt activities shall be subject to the following minimal erosion and sedimentation control measures. (A) Natural vegetation. The potential for soil loss shall be minimized by retaining natural vegetation wherever possible. Development in the Hillside/Hilltop Overlay District should comply with the recommendations of the Hillside/Hilltop Best Management Practices. Manual with regard to the retention of natural d vegetation on of the site has temporarily or permanently ceased. (1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (2) Where construction activity will resume on a portion of the site within 21 days from when activities ceased, (e.g. the total time period that construction activity is temporarily ceased is less than 21 days) then stabilization measures do not have to be initiated on that portion of the site by the 14th day after construction activity temporarily ceased. ......... Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer '.::.strips, protection of trees, and preservation of _.rmature vegetation and other appropriate measures. (C) Hillside/Hilltops. (B) Stabilization. areas shall bo stabilized, within 16 days immediately after the grading or disturbance has baled straw, filter fabric, ditch chocks, divcrcion ditches, brush':barriors, codimentbasins, matting, mulch s, grassocand groundcovor shall bo used - A record of the dates when grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the erosion and sediment control plan. Except as provided in (1) and (2) below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activityin that portion Intermittent/perennial streams. No intermittent or perennial stream, including a 25 foot perimeter strip measured from the top of the bank, shall be graded, developed, channeled, or physically altered unless adequate guarantees are made for erosion and sedimentation control both during construction and post construction. Likewise, cuts or fills shall be setback sufficiently from intermittent and perennial streams and other stormwater drainage systems to guarantee that there will be no damage from erosion or sedimentation. Final erosion and sedimentation control measures shall be approved by the City Engineer. (D) Excavation material. Excavation material shall not be deposited in or so near streams and other stormwater drainage systems where it may be washed downstream by high water or runoff. All excavation material shall be stabilized immediately with erosion control measures. (E) Fording streams. Fording of streams with construction equipment or other activities which destabilize stream banks shall not be permitted. (F) Removal of mud/dirt fr m public stroots. Any r aching a public sire t shall bo immediately removed. Debris, mud, and soil in public streets. Debris, mud and soilshall not be allowed on public streets but if any debris, mud, or soil from development sites reaches the public street it shall be immediatelyremoved via sweeping or CD169:4 May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 10 of 28 TITLE XV UNIFIED DEVELOPMENT CODE other methods of physical removal. Debris, mud, or soil in the street may not be washed off the street or washed into the storm drainage system. Storm drainage systems downstream of a development site should be protected from debris, mud, or soil in the event that debris, mud, or soil reaches the drainage system. (Code 1991, §161.04; Ord. No. 3551, 6-5-91; Ord. No. 3947, §1, 2-6-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord: 4855, 4-18-06) 169.05 One -Time Approvals (A) Utilities. Public and private utility organizations may obtain a one-time approval from the City Engineer for all routine underground electric, water, sewer, natural gas, telephone, or cable facilities. The approval will include a utility organization and its contractors, agents, or assigns and will be permanent in nature as long as the original approved procedures are followed. (B) Stockpiling materials. One-time approval may be obtained by public or private entities for the stockpiling of fill material, rock, sand, gravel, aggregate, or clay at particular locations, subject to Zoning, Chapters 160 through 165. (Code 1991, §161.05; Ord. No. 3551, 6-4-91 Ord. No. 4100, §2 (Ex. A), 6-16-98) 169.06 Land Alteration Requirements (A) Grading plan evaluation. Grading plans shall be evaluated by the City': Engineer for conformance with the minimal erosion control requirements of §169.04 and the following requirements. (B) Requirements varied. Variances of this chapters requirements may be varied approved by the City Engineer with thc approval of thc Planning Commission. The extent to which variations may be made will depend onthe soil types encountered, planned slopes, planned vegetation, and investigative engineering reports. In no case shall the City Engineer waive or modify any of :.the minimum erosion control requirements as given in §169,04. (2) Maximum length. The maximum length of any cut or fill slope without a terrace (as described in 169.06 (D) below) shall be 100 feet as measured along the ground. The terrace shall be at least six feet (6') wide. (3) Existing topography. Cut or fill slopes shall be constructed to eliminate sharp angles of intersection with the existing terrain and shall be rounded and contoured to blend with the existing topography. (4) Setback requirements. The following setback requirements shall be reviewed by the City Engineer for purposes of assessing safety, stability, and drainage problems: (See illustrations). Sotbackc `rern porty linos may be fillcd'ior cut if grading plan is cubmittod jointly by thc owncrs of both vr�T portioc (a) Setback from top or toe of cut or fill. Buildings shall be setback from the top or toe of a cut or fill in accordance with Zoning, Chapters 160 through 165; Building Regulations, Chapter 173; or the approved grading plan, whichever is greatest. (b) Setbacks from property lines. The required setback of retaining walls, cut slopes, and fill slopes from property lines shall be as given in the illustrations. Property lines may be filled over or cut if a grading plan for the cut or fill is submitted jointly by the owner of both properties or with written permission from the adjacent property owner and if no utility easements are involved. If utility easements are involved, approval is required as given in (c) below in addition to the joint submittal requirement. (C) Cut or fill slopes. (1) Finish grade. Cut or fill slopes shall have a finish grade no steeper than 33% (3.00 horizontal to 1 vertical), when unless otherwise approved by the City Engineer. Land located within the Hillside/Hilltop Overlay District may have cut or fill slopes with a finish grade no steeper than 50% (2.00 horizontal to 1 vertical) unless otherwisc with approved by of the City Engineer. CD169:5 (c) Setbacks from the edge of an easement The required setback of retaining wall, cut slopes, and fill slopes from the edge of easements shall be as given in the illustrations. Where no utilities are present in an easement, or where utilities are planned to be relocated, and where such action is approved by all utilities, in writing, then easements may fall within a cut or fill section. (d) Setbacks from structures. The required setback of retaining walls, cut slopes, and fill slopes from structures shall be as given in the illustrations. If a structure forms an integral part of the May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 11 of 28 Fayetteville Code of Ordinances retaining wall, then the setbacks do not apply to that structure. (e) Public rights of way. Cut adjacent to public rights of way shall bo setback a minimum of 25 fcct, excluding (e) Calculating setbacks. For the purpose of calculating setbacks, any cut or fill section which is on a slope of one to one or greater shall be considered a retaining wall. (f) Administrative variance. Setbacks from easement lines and structures may be varied administratively by the City Engineer if geotechnical and/or structural information is provided that in the opinion of the City Engineer justifies the variance. (g) Additional information required. The City Engineer may require further geotechnical and/or structural information to show that setbacks greater than those given are not needed. to protect property, utilities, or the integrity of property lines. (D) Cuts. (1) Vertical height. Cuts shall be limited to 10 feet in vertical height unless information demonstrating ;;slope stability, erosion control, and drainage control is provided together with a re -vegetation plan. For nonsolid rock cuts, terraces shall be required for cuts greater than 10 feet in height. It is -' recommended that terracing be at a maximum ratio of one foot of horizontal terrace for every foot of vertical surface. (2) Maximum vertical cut. In solid rock, as determined by geotechnical and engineering data approved by the City Engineer, the maximumvertical cut shall be 30 feet. (3) Fill material. In no case shall a cut be allowed primarily for the purpose of obtaining fill material to a different site, unless the exporting site is located within an extraction district. (2) Compaction. Fill shall be placed and compacted as to minimize sliding or erosion of soil. Fill compaction shall equal the compaction of undisturbed, adjacent soil, except fills covered by Building Regulations, Chapter 173, or other structural fills. The City Engineer may require soil tests during compaction work or upon its completion at the expense of the permittee. (3) Grade. Fill shall not be placed on existing slope with agrade steeper than 15% (6.67 horizontal to ':1` vertical) unless keyed into steps in the existing grade and thoroughly stabilized by mechanical compaction. (4) Vertical height. Fills shall be limited to 10 feet in vertical height unless information demonstrating slope stability, erosion control, and drainage control is provided together with a re -vegetation plan. (5) Terraces. Terraces shall be required for fills greater than 10 feet in height. It is recommended that terracing be at a maximum ratio of one foot of horizontal terrace for every foot of vertical surface. (F) Erosion and sedimentation control. (1) Permanent improvements. Permanent improvements such as streets, storm sewers, curb and gutters, and other features for control of runoff shall be scheduled coincidental to removing vegetative cover from the area so that large areas are not left exposed beyond the capacity of temporary control measures. (E) Fills. (1) Rocks/fill. All imported fill shall be free of rocks greater than 12 inches in diameter and any detrimental organic material or refuse debris. CD169:6 (2) Phased Construction. The area of disturbance onsite at any one time shall be limited to 20 acres. An additional 20 acres (a maximum of 40 acres of disturbance at any one time) may be stripped with the permission of the City Engineer in order to balance cut and fill onsite. No additional area may be open without the permission of the City Engineer until the previously disturbed areas have been temporarily or permanently stabilized. (3) Top soil. Top coil shall be stockpiled and protoctod for lot r us on aroas r quiring ctockpilod for moro than 30 days, a tomporary cover of annual ryo or othof Stockpiling of top soil. Top soil shall be stockpiled and protected for later use on areas requiring landscaping. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more. than 25 May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 12 of 28 TITLE XV UNIFIED DEVELOPMENT CODE feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. The City Engineer may also require top soil stockpiles to be located up to fifty (50) feet from a drainage channel or stream, as measured from the top of the bank to the stockpile, for established TMDL water bodies; streams listed on the State 303(d) list; an Extraordinary Resource Water, Ecologically Sensitive Waterbody, and/or Natural and Scenic Waterbody, as defined by Arkansas Pollution Control and Ecology Commission Regulation No. 2; and/or any other uses at the discretion of the City Engineer. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. Stabilization practices may include: temporary seeding (i.e. annual rye or other suitable grass), mulching, and other appropriate measures. Sediment control measures such as silt fence shall be provided immediately for stockpiles and remain in place until other stabilization is in place Storm drain inlets must be protected from potential sedimentation from storage, piles by silt fence or other appropriate barriers. (4) Existing vegetation. Every means shall be,:. taken to conserve and protect existing vegetation. (5) Re -vegetation. Re -vegetation shall be required to meet the following performance standards (sediment controls shall remain in place until re -vegetation is established),,, unless otherwise allowed by the City,.,,.. Engineer: (a) Topsoil. A minimum of 4 inches of topsoil shall be required to be either existing or installed in areas to be re - vegetated as set forth. in§16906(F)(6) belew. Any application of topsoil and seeding under the drip line of a tree should be minimized to 3 inches so as not to damage the trees root system. (b) Zero to 10% grade: Re -vegetation shall be a minimum' of seeding and mulching. Said seeding shall provide complete and uniform coverage that minimizes erosion and runoff in no more than two growing seasons. provide complete and uniform coverage in no more than two growing seasons. (d) 4:1 to 3:1 grade: The slope shall be covered with landscape fabric and hydro -seeded with mulch and fertilizer, or staked sod, or groundcover. Said planting shall provide complete and uniform coverage in no more than two growing seasons. (e) More than 3:1 grade: Any finish grade over 3:1 shall be stabilized with one or more of the following: 1) Retaining walls; 2) Cribbing with landscape fabric; 3) Terracing with groundcover; 4) 'iprap.3:'.i: 5) Stacked S.. (up to 2:1 slope) If ribbing, Te acing, or Riprap is used, the lope's s :.ility and erodibility must be equivalent to or better than its predevelopment state.. ' (f); Hillside/Hilltop Overlay District. Re - vegetation of lands within the Hillside/Hilltop Overlay District shall be planted immediately after the physical alteration of the land with complete and uniform ground cover. Sod, erosion fabric, herbaceous groundcover (in wooded areas), and/or a hydroseed with warm season grasses is required. Re - vegetation requirements shall be met prior to the issuance of a certificate of occupancy. Cut and Fill tie -back slopes shall be re -vegetated with appropriate tree species to achieve a minimum of 25% tree canopy at maturity. (c) 10:1 up to 4:1 grade: Re -vegetation shall be a minimum of hydro -seeding with mulch and fertilizer, sod, or groundcover. Said planting shall CD169:7 (6) Plant/water. Plantmaterials shall be watered or irrigated and tended. Where irrigation or regular watering is not available, only native or acclimated plant species shall be used. If the soil cannot properly sustain . vegetation, it must be appropriately amended. If re -vegetation is not firmly established and healthy after one year, the nd000p^ ^d^mi ctroter urban forester shall require that it be redone in part or total. (7) Plant/terrace bench. Plant materials shall be planted along terrace benches. Said plantings shall be spaced as necessary to thoroughly stabilize the terrace bench. The remainder of the terraced slope shall be re - vegetated and stabilized according to §169.06(F)(5) above. (8) Permanent erosion control. The developer shall incorporate permanent erosion control features at the earliest practical time. May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 13 of 28 Fayetteville Code of Ordinances Temporary erosion control measures will be used to correct conditions that develop during construction that were unforeseen during the design stage, that are needed prior to installation of permanent erosion control features, or that are needed temporarily to control erosion that develops during normal construction projects, but are not associated with permanent control features on the project. (10)All wablo soil loss. Allowabl soil los., shall component of the (G) Undisturbed land requirements. In the development of residential subdivisions, allowable grading of slopes shall be in accordance with this table. univorsal soil loco Average Grade Minimum Undisturbed Area 10 to 15 percent 40 percent 15 to 20 percent 50 percent > 20 percent 60 percent This requirement for safety rails shall also apply to vertical or near vertical rock cuts and to steep (greater than 3:1) cut or fill slopes. (Code 1991, §161.07; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4855, 4-18-06) In the development of Large Scale Developments +. Large Site Improvement Plans, and lots within the Hillside Overlay District, the minimum amount of undisturbed land shall equal the percent minimum':. tree canopy pursuant to §167.04 (C). Planned Zoning Districts shall show undisturbed areas, but may be approved by the City Council with lesser percentages of undisturbed area than required above. (H) Required retaining wall and rock cut design.,. (1) Design/inspection. Any retaining wall more than four feet in height shall be designed by a registered professional engineer, and shall befield inspected by the design engineer. The design engineer shall provide proof of inspection and certify that the wall was constructed in conformance with the design. The City Engineer may require retaining walls less than four feet in height to be designed by a professional engineer. (2) Investigation/report. All proposed rock cuts and any cut or fill 10 feet or greater will require a geotechnical investigation and a formal report submitted by a registered professional engineer qualified to make such investigations. (3) Safety railings. Safety railings may be required on any retaining wall 2.5 feet or higher. The decision as to whether to require safety railing shall be based on potential pedestrian and public access to the retaining wall and applicable building codes. CD169:8 May 10, 2010 Planning Commission ADM 10-3571 UDC Amend Ch 169 & 170 Agenda Item 5 Page 14 of 28