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HomeMy WebLinkAbout2012-02-07 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 7, 2012 A meeting of the Fayetteville City Council will be held on February 7, 2012 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: 1. Amend Chapter 161.03 (B)(2) Outdoor Music Establishments: An ordinance to amend Ch. 161.03 (B)(2) of the Unified Development Code, to allow outdoor music establishments to be considered as a conditional use in R-A zones. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5479 A. Consent: 1. Approval of the January 17, 2012 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Airport Minimum Standards: A resolution approving the revised minimum standards for the Fayetteville Executive Airport Drake Field as approved and recommended by the Airport Advisory Board. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-12 3. Garver, LLC: A resolution approving an agreement for professional engineering services with Garver, LLC in an amount not to exceed $94,200.00 for engineering design related to Town Branch Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-12 4. AOS, LLC: A resolution authorizing the purchase of a high performance server chassis and network switch with storage in the amount of$192,704.43 from AOS, LLC pursuant to a state procurement contract, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-12 5. Public Access Television Fee Revenue: A resolution approving a budget adjustment in the amount of$2,610.00 recognizing public access television fee revenue for 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-12 6. L-3 Mobile-Vision, Inc.: A resolution authorizing the purchase of thirty-one (3 1) digital video systems for the Police Department from L-3 Mobile-Vision, Inc. in the total amount of$181,547.55 pursuant to a bid waiver authorized by Ordinance No. 4551. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-12 B. Unfinished Business: None C. New Business: 1. RZN 11-3999 (2514 W. Lori Dr./Razorback Park Golf Course): An ordinance rezoning that property described in rezoning petition RZN 11-3999, for approximately 32 acres, located at 2514 West Lori Drive from RSF-1, Residential Single-Family, 1 unit per acre to R-A, Residential Agricultural. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5480 2. Amend Chapter 163 Use Conditions: An ordinance to enact §163.17 Wrecking, Demolition and Scrap Metal Processing into the Unified Development Code and to adopt an emergency clause. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5481 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Repeal §172.10 Bicycle Parking Rack Requirements: An ordinance to repeal §172.10 Bicycle Parking Rack Requirements of the Unified Development Code and to enact a replacement §172.10. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5482 4. Amend §176.03 Exemptions: An ordinance to amend §176.03 Exemptions of the Outdoor Lighting chapter of the UDC to allow the lights to remain on a tree on the Square and to allow accent lighting on restaurant and bar patios. THIS ITEM WAS LEFT ON THE SECOND READING. 5. ADM 11-4019 (North Side MLK Between Block and East Ave./Jacobs) Appeal: A resolution to grant the appeal of Jacobs + Newell Company and to grant the curb cut variance on Martin Luther King, Jr. Boulevard between Block and East Avenues. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-12 6. Amend Chapter 151 Definition of "Family": An ordinance to amend the definition of "Family" found in Chapter 151 Definitions of the Unified Development Code to allow the City Council to authorize up to five (5) unrelated persons in some units of a Planned Zoning District. THIS ITEM WAS LEFT ON THE FIRST READING. City Council Tour: Announcements: Adjournment: 7:56 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: (a) Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. (b) Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. (c) Old business and new business. (1) Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. (ii) Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. (d) Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: February 7,2012 Adjourn: j,: Subject: Roll ✓� 1' Petty Tennant Ferrell Adams 1d�bM(X- Lewis O tG Gray Boudreaux 1 � Kinion / Mayor Jordan / Subject: Am 4hkLJ I w. CS Motion To: )-LJ Motion By: Y 1k rV V ' j Seconded: , Petty Tennant Ferrell pkv Adams Lewis -- 5 Gray Boudreaux Kinion Mayor Jordan / \ t U l — " - City Council Meeting: February 7,2012 Subject: �UlI b 1,03 Motion To: Get PP Motion By: Seconded: e Petty Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan City Council Meeting: February 7,2012 Subject: Consent Motion To: Motion By: Seconded: I � � Petty Tennant Ferrell Adams Lewis r�r� Gray n 1 I Boudreaux 4AVCI.l, Kinion 12 Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan City Council Meeting: February 7,2012 Subject: RZN 11-3999 (2514 W. Lori Dr./Razorback Park Golf Course) Motion To: Motion By: Seconded: QA% LY C. 1 Petty New Tennant Business Ferrell Adams Lewis �T J� r17 . _� Gray Boudreaux Kinion 1 Mayor Jordan f7- U Subject: Amend Chapter 163 Use Conditions Motion To: f" aXL Motion By: Seconded: l C. 2 Petty New Tennant Business Ferrell 00/ Adams y ' Lewis � d— Gray �' I- Boudreaux Kinion Mayor Jordan p f7'U /� � q_6 " � City Council Meeting: February 7,2012 Subject: Repeal §172.10 Bicycle Parking Rack Requirements Motion To: Motion By: GY Len e Seconded: I's C. 3 Petty New Tennant Business Ferrell Adams Lewis t QJJ�� Gray Boudreaux Kinion ✓✓ Mayor Jordan Subject: Amend §176.03 Exemptions Motion To: C Motion By: Seconded: C. 4 Petty New Tennant Business Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan f ^ I � � City Council Meeting: February 7,2012 Subject: ADM 11-4019 (North Side MLK Between Block and East Ave./Jacobs) Appeal Motion To: Motion By: Seconded: C. 5 Petty New Tennant Business Ferrell Adams Lewis Gray Boudreaux Kinion J d Mayor Jordan Subject: Amend Chapter 151 Definition of"Family" Motion To: Motion By: Seconded: C. 6 Petty New Tennant Business Ferrell Adams Lewis Gray Boudreaux Kinion t Mayor Jordan Departmental Correspondence ayeqLvifleNSAS LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams CityAttorneyJason '.. TO: Mayor Jordan Assistant Cit B.Kelley 3' Assistant City Attorney THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: February 8, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 7, 2012 1. Conditional Use Amendment: An ordinance to amend §161.03(B)(2) of the Unified Development Code to allow Outdoor Music Establishments to be considered as a Conditional Use in R-A Zones and to enact an emergency clause. 2. Airport Minimum Standards: A resolution approving the revised Minimum Standards for the Fayetteville Executive Airport Drake Field as approved and recommended by the Airport Advisory Board. 3. Garver, LLC: A resolution approving an Agreement for Professional Engineering Services with Garver, LLC in an amount not to exceed $94,200.00 for engineering design related to Town Branch Trail. 4. AOS, LLC: A resolution authorizing the purchase of a high performance server chassis and network switch with storage in the amount of$192,704.43 from AOS, LLC pursuant to a state procurement contract, and approving a budget adjustment. 5. Public Access Television Fee Revenue: A resolution approving a budget adjustment in the amount of $2,610.00 recognizing Public Access Television fee revenue for 2011. 6. L-3 Mobile-Vision, Inc.: A resolution authorizing the purchase of 31 digital video systems for the police department from L# Mobile-Vision, Inc. in the total amount of$181,547.55 pursuant to a bid waiver authorized by Ordinance No. 4551. 7. Amend Chapter 163 Use Conditions: An ordinance to enact §163.17 Wrecking, Demolition and Scrap Metal Processing into the Unified Development Code and to adopt an emergency clause. 8. Repeal §172.10 Bicycle Parking Rack Requirements: An ordinance to repeal §172.10 Bicycle Parking Rack Requirements of the Unified Development Code and to enact a replacement §172.10. 9. ADM 11-40-19 (Jacobs Appeal): A resolution to grant the appeal of Jacobs + Newell Company and to grant the curb cut variance on Martin Luther King, Jr. Boulevard between Block and East Avenues. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 7, 2012 A meeting of the Fayetteville City Council will be held on February 7, 2012 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the January 17, 2012 City Council meeting minutes. 2. Airport Minimum Standards: A resolution approving the revised minimum standards for the Fayetteville Executive Airport Drake Field as approved and recommended by the Airport Advisory Board. 3. Garver, LLC: A resolution approving an agreement for professional engineering services with Garver, LLC in an amount not to exceed $94,200.00 for engineering design related to Town Branch Trail. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. AOS, LLC: A resolution authorizing the purchase of a high performance server chassis and network switch with storage in the amount of$192,704.43 from AOS, LLC pursuant to a state procurement contract, and approving a budget adjustment. 5. Public Access Television Fee Revenue: A resolution approving a budget adjustment in the amount of$2,610.00 recognizing public access television fee revenue for 2011. 6. L-3 Mobile-Vision, Inc.: A resolution authorizing the purchase of thirty-one (3 1) digital video systems for the Police Department from L-3 Mobile-Vision, Inc. in the total amount of$181,547.55 pursuant to a bid waiver authorized by Ordinance No. 4551. B. Unfinished Business: None C. New Business: 1. RZN 11-3999 (2514 W. Lori Dr./Razorback Park Golf Course): An ordinance rezoning that property described in rezoning petition RZN 11-3999, for approximately 32 acres, located at 2514 West Lori Drive from RSF-1, Residential Single-Family, 1 unit per acre to R-A, Residential Agricultural. 2. Amend Chapter 163 Use Conditions: An ordinance to enact §163.17 Wrecking, Demolition and Scrap Metal Processing into the Unified Development Code and to adopt an emergency clause. 3. Repeal §172.10 Bicycle Parking Rack Requirements: An ordinance to repeal §172.10 Bicycle Parking Rack Requirements of the Unified Development Code and to enact a replacement §172.10. 4. Amend §176.03 Exemptions: An ordinance to amend §176.03 Exemptions of the Outdoor Lighting chapter of the UDC to allow the lights to remain on a tree on the Square and to allow accent lighting on restaurant and bar patios. 5. ADM 11-4019 (North Side MLK Between Block and East Ave./Jacobs) Appeal: A resolution to grant the appeal of Jacobs + Newell Company and to grant the curb cut variance on Martin Luther King, Jr. Boulevard between Block and East Avenues. 6. Amend Chapter 151 Definition of "Family": An ordinance to amend the definition of "Family" found in Chapter 151 Definitions of the Unified Development Code to allow the City Council to authorize up to five (5) unrelated persons in some units of a Planned Zoning District. City Council Tour: Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: (a) Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. (b) Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. (c) Old business and new business. (1) Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. (ii) Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. (d) Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 ADM 11-4019(North Side Between a995Wt Ave./Jacobss))Appeal RESOLUTION NO. K A RESOLUTION TO GRANT THE APPEAL OF JACOBS + NEWELL COMPANY AND TO GRANT THE CURB CUT VARIANCE ON MARTIN LUTHER KING, JR. BOULEVARD BETWEEN BLOCK AND EAST AVENUES WHEREAS, Jacobs +Newell Company as owners of a lot north of Martin Luther King, Jr. Boulevard between Block and East Avenues sought a variance from §166.08 (F)(1)(a) of the U.D.C. which states: "When a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets;" and WHEREAS, §166.08 (F)(1)(a) provides for a variance: "In order to protect the ingress and egress access rights to a street of an abutting property owner, a variance to the curb cut minimums shall be granted by the Planning Commission to allow an ingress/egress curb cut at the safest functional location along the property." NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that a variance to the access management standards should be and hereby is granted to Jacobs + Newell Company to permit a shared curb cut on Martin Luther King, Jr. Boulevard as shown on its submitted site plan with the following conditions of approval: (1) Jacobs +Newell Company's property shall be limited to one shared curb cut onto Martin Luther King, Jr. Boulevard as shown on the submitted site plan. (2) Jacobs +Newell Company shall file a shared access easement providing access rights for all six lots and construct this driveway prior to receiving building permits for the six residential structures. PASSED and APPROVED this 7`h day of February, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.5 ADM 11-4019(North Side MLK Between Block and East Ave./Jacobs)Appeal Page 2 of 4 Fayetteville Code of Ordinances Developments that create private streets shall utilize these standards as guidelines. (d) Residential. Intersections shall occur at (D) Street design principles. a minimum of one every 600 feet. (e) Variances. Block length standards may (1) Extensions. All street extensions shall be be varied by the Planning Commission constructed to Minimum Street Standards. when terrain, topographical features, Street extension stub-outs to adjacent existing barriers or streets, size or properties are required to meet block shape of the lot, or other unusual layouticonnectivity standards unless existing conditions justify a departure, development or physical barriers prohibit such. (2) Topography. Local streets should be designed to relate to the existing topography (2) Substandard widths. Developments that and minimize the disturbance zone. adjoin existing streets shall dedicate additional right-of-way to meet the Master (3) Dead-end streets. Dead end streets are Street Plan. discouraged and should only be used in situations where they are needed for design (3) Street names. Names of streets shall be and development efficiency, reduction of consistent with natural alignment and necessary street paving, or where proximity extensions of existing streets, and new street to floodplains, creeks, difficult topography or names shall not duplicate or be similar to existing barriers warrant their use. All dead existing street names. Developers shall end streets shall end in a cul-de-sac with a coordinate the naming of new streets radius of 50 feet, or an alternative design through the GIS Office during the plat review approved by the City and the Fire process. Department. The maximum length of a dead end street(without a street stub-out)shall be (4) Tangents. A straight tangent at least 100 500 feet. feet long shall separate reverse curves for Collector and Arterial streets. (F) Access Management. Safe and adequate vehicular, bicycle, and pedestrian access shall be (5) Pedestrian. Pedestrian-vehicular conflict ' provided tall parcels. Local streets and points should be controlled through driveways shall not detract from the safety and signalized intersections and proven traffic efficiency of bordering arterial routes. Property calming design principles. that fronts onto two public streets shall place a higher priority on accessing the street with the (6) Street standards. All street requirements lower functional classification, ex. Local and shall be mel as set forth in the City of Collector. Fayetteville Master Street Plan and adopted Minimum Street Standards. (1) Curb cut minimum distance from intersection or driveway. For purposes of determining (E) Block Layout/Connectivity. curb cut or street access separation, the separation distance shall be measured along (1) Block Length. Block lengths and street the curb line from the edge of curb cut to the intersections are directly tied to the edge of curb cut/intersection. The functional hierarchy of the street pattern that measurement begins at the point where the exists or is proposed. curb cut and intersecting street create a right angle, i.e., the intersection of lines drawn (a) Principal and Minor Arterial Streets, from the face-of-curb to face-of-curb. The Signalized intersections should be measurement ends at the point along the located at a minimum of one every street where the closest curb cut or street 2,640 feet (half a mile) along principal intersection occurs; again, measured to the and minor arterials and should be based point where the curb cut or intersecting on traffic warrants. streets create a right angle at the intersection of face-of-curb. (b) Collectors. Intersections should be located at a minimum of one every (a) Principal and Minor Arterial Streets. 1,320 feet (quarter of a mile) along Where a street with a lower functional collector streets. classification exists that can be accessed, curb cuts shall access onto (c) Locals. Intersections shall occur at a those streets, When necessary, curb minimum of one every 800 feet. cuts along arterial streets shall be CD166i34 C.5 ADM 11-4019(NoVJbbM,)LApPeaI K Between Block and East Av Page 3 of 4 TITLE XV UNIFIED DEVELOPMENT CODE _ shared between two or more lots. (e) Variance. In order to protect the7be Where a curb cut must access the and egress access rights to a arterial street, it shall be located a an abutting property owner, a v minimum of 250 feet from an to the curb cut minimums sintersection or driveway. granted by the Planning Commi allow an ingress/egress curb cut at the Number of Curb Cuts Permitted safest functional location along the Length of Street Frontage Maximum Number of Curb property. Such a curb cut may be Cuts required to be shared with an adjoining 0-500 ft. 1 parcel if feasible. If a parcel on the 501-1000 ft. 2 corner of an arterial or collector street 1001-1500 ft. 3 provides such short frontage along a More than 1500 ft. 4 major street that there is no safe ingress/egress functional location on that street, the Planning Commission (b) Collector Streets. Curb cuts shall be may deny the curb cut or may limit such located a minimum of 100 feet from an curb cut to ingress or egress only. intersection or driveway. When necessary, curb cuts along collector (2) Speed. All streets should be designed to streets shall be shared between two or discourage excessive speeds, more lots. (G) Non-conforming Access Features. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb (1) Existing. Permitted access connections in Cuts place on the date of the adoption of this 0-100 ft. 1 ordinance that do not conform with the 101-250 ft. 2 standards herein shall be designated as 251-500 ft. 3 nonconforming features and shall be brought More than 500 ft. 4 into compliance with the applicable standards under the following conditions: c (a) When new access connection permits ( ) Local and Residential Streets. Curb cuts are requested; shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within (b) Upon expansion or improvements the radius return of an adjacent curb cut greater than 50% of the assessed or intersection- Curb cuts shall be a property value or gross floor area or minimum of fifteen (15') feet from the volume; adjoining property line, unless shared. (c) As roadway improvements allow. Number of Curb Cuts Permitted (H) Easements. Utility and drainage easements shall Length of Street Frontage Maximum Number of Curb be located along lot lines and/or street right-of- Cuts way where necessary to provide for utility lines 0-50 ft. 1 and drainage. The Planning Commission may 51-125 ft. 2 require larger easements for major utility lines, 126-250 ft. 3 unusual terrain or drainage problems. More than 250 ft. 4 (1) Residential lots. The use and design of lots shall conform to the provisions of zoning where City (d) Residential Subdivisions. In the case of zoning is in effect. When no City zoning applies, residential subdivisions, curb cuts shall the following standards shall govern unless in be discouraged along arterial and conflict with more stringent city, county or state collector streets. When necessary, curb regulations: cuts along arterial and collector streets shall be shared between two or more (1) Bulk and area regulations: lots. Curb cuts along all streets shall be located a minimum of five feet (5) from the adjoining property line, unless Plannina aAreashared. Lot area minimum 10,000 s CD166:35 C.5 ADM 11-4019(North Side MILK Between Block and East Ave./Jacobs)Appeal Page 4 of 4 C.6 AGENDA REQUEST Amend Chapter 151 Definition of"Family" Page 1 of 6 FOR: COUNCIL MEETING OF FEBRUARY 7, 2012 FROM: ALDERMAN RHONDA ADAMS ALDERMAN MATTHEW PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend The Definition Of"Family" Found In Chapter 151 Definitions Of The Unified Development Code To Allow The City Council To Authorize Up To Five (5) Unrelated Persons In Some Units Of A Planned Zoning District APPROVED FOR AGENDA: Rh nda Adams Date Alderman Matti ew Petty Date Alderman 31f Z,) lZ City Attorney as to form) Date C.6 Amend Ch 'tion of"Family" Page 2 of a eqLv l le Departmental Correspondence YN5A5 LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams TO: Mayor Jordan CityAttorney Ci COUnCII Jason B.Kelley •J Assistant CityAttorney CC: Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney C � DATE: January 26, 2012 RE: Possible affordable option between houses and apartment buildings within a new PZD Alderman Rhonda Adams asked Jeremy and me to consider and work on a possible amendment to the U,D.C.'s definition of"family" in order to facilitate an alternative housing model that would allow higher density than a house, but would be more "home-like" than a standard apartment building. With the U of A's recent announcement that it will continue to strive to grow by over a thousand additional students for the next few years, the City needs to plan to make new, attractive and affordable housing options allowable for our increasing student population to protect our existing single family neighborhoods. Without such an option, our neighborhoods will likely see increasing pressure and problems from over- occupied houses. To meet this need and Alderman Adams' request, Jeremy and I worked out a possible amendment to the definition of"family" with Rhonda that would increase the maximum number of unrelated persons in a housing unit from 4 to 5 in a specific PZD approved by the City Council in a case by case consideration and with proper safeguards for the surrounding neighborhood. Such safeguards would likely include buffering from other residential housing, limitations as to the number and type of structure allowed ("free standing structure of not more than two stories") and whatever else that the City Council, after listening to public comment, would believe to be appropriate to protect the surrounding neighborhood. Alderman Rhonda Adams has approved this proposed amendment and submits it for your consideration. C.6 Amend Chapter 151 Definition of"Family" Page 3 of 6 ORDINANCE NO. AN ORDINANCE TO AMEND THE DEFINITION OF "FAMILY" FOUND IN CHAPTER 151 DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW THE CITY COUNCIL TO AUTHORIZE UP TO FIVE (5) UNRELATED PERSONS IN SOME UNITS OF A PLANNED ZONING DISTRICT WHEREAS, the current definition of"Family" in the Unified Development Code has been in effect over the last decade and has been approved by the United States Department of Housing and Urban Development after being challenged by a landlord or tenant; and WHEREAS, the current definition of "Family" in the U.D.C. limits the number of unrelated individuals in a housing unit to three (3) for single family districts and four (4) in multifamily districts in order to protect neighborhoods; and WHEREAS, in rare circumstances and with appropriate safeguards the City Council should be authorized to allow up to five (5) unrelated persons in a unit within a Planned Zoning District designed for such occupancy. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the current definition of "Family" found in the Definitions Chapter of the Unified Development Code and enacts a new definition of"Family" as shown below "Family. (Zoning) In R-A, Neighborhood Conservation and all single family districts including single family Planned Zoning Districts, a "family" is no more than three (3) persons unless all are related and occupy the dwelling as a single housekeeping unit. In all other zoning districts where residential uses are permitted, a "family" is no more than four (4) persons unless all are related and occupy the dwelling as a single housekeeping unit with the exception that the City Council may permit a definition of"family" as no more than five (5) persons unless all are related and occupy the dwelling as a single housekeeping unit in a specific Planned Zoning District with proper safeguards for the surrounding neighborhood such as requiring that each five person unit must be placed within a freestanding structure of not more than two stories and be C.6 Amend Chapter 151 Definition of"Family" Page 4 of 6 buffered from other residential districts outside the Planned Zoning District. Persons are "related" for purposes of this definition if they are related by blood, marriage, adoption, guardianship, or other duly-authorized custodial relationship. The definition of"family" does not include fraternities, sororities, clubs or institutional groups." PASSED and APPROVED this 7th day of February, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.6 V Amend Chapter 151 Definition of"Family" Page 5 of 6 Fayetteville Cc de of Ordinances Facilities handling explosives. (Zoning) Any Flood Insurance Rate Map (FIRM). (Flood function that involves a process dealing with a product Damage Prevention) The official map on which the _ with explosive potential. Federal Management Agency or Federal Insurance Administration has delineated both the areas of Fall zone. (Wireless Communications Facilities) special flood hazards and the Floodway. The area within which a tower or antenna might cause damage to persons or property should the tower or Flood Insurance Study. (Flood Damage antenna be knocked down, blown over or fall on its Prevention)The official report provided by the Federal own. Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, [family amily. (Zoning) In single-family residential and the water surface elevation of the base flood. ricts, a family is no more than three persons ss all are related and occupy a dwelling as a Floodplain. (Stormwater Management, Drainage le housekeeping unit in the RSF-.5 (Residential and Erosion Control) For a given flood event, that - le-family — Half Acre), RSF - 1 (Residential area of land that is temporarily covered by water and le-family - One acre), RSF - 2 (Residential that adjoins a watercourse. In FEMA regulated, or le-family —2 Acre), RSF -4 (Residential Single- established floodplains,the floodplains shall mean the ily —4 Units per Acre), and RSF :7 (Residential area subject to inundation from any source during the le-family — 7 Units per Acre) zoning districts. In regulatory event. other zoning districts where residential uses are itted, a family is no more than four pe sons Floodplain or flood-prone area. (Flood Damage ss all are related and occupy a dwelling as a Prevention)Areas that are subject to, or are exposed le housekeeping unit. A family is when all to,flooding and flood damage. ons are related by blood, marriage, adoption, rdianship or other duly-authorized custodialtionship. The definition of family does not includernities,sororities,clubs or institutional groups. FCC. (Wireless Telecommunications Facilities) The Federal Communications Commission. R FEMA. (Physical Alteration of Land) Federal ,-- Emergency Management Agency. Fenestration. (Development) An exterior opening in the surface of a structure, such as a window, door, clerestory window,curtain wall, etc. Fill. (Physical Alteration of Land) A deposit of earth material placed by artificial means. First or ground floor. (DDOD). The finished floor • ' - - - - - " - - .. -° � _ facing a street right of way. Floodplain management. (Flood Damage Flashing sign. (Signs) An illuminated sign on Prevention) The operation of an overall program of which artificial or reflected lights is not maintained corrective and preventive measures for reducing flood damage, including but not limited l emergency stationary and constant in intensity and color at all preparedness plans, flood control works and times when in use. floodplain management regulations. Flood or flooding. (Flood Damage Prevention)A Floodplain management regulations. (Flood general and temporary condition or partial or Damage Prevention) Development code, building complete inundation of normally dry land'areas from codes, health regulations, special purpose ordinances the overflow of flood waters, or the unusual and rapid codes, ordinance and erosion control accumulation or run-off of surface water from any ordinance) and other applications of police power. source. The term describes such state or local regulations in Flood boundary and floodway map. (Flood any combination thereof, which provide standards for the purpose of flood damage prevention and Damage Prevention) The official map on which the reduction. Federal Insurance Administration has delineated both the areas of flood hazards and the floodway. - Flood-proofing. (Flood Damage Prevention)Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or CD151:10 C.6 Amend Chapter 151 Definition of"Family" Page 6 of 6 City Council Meeting Minutes February 7,2012 Page 1 of 11 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray a e e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes February 7, 2012 A meeting of the Fayetteville City Council was held on February 7, 2012 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Mayor Jordan, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Absent: Alderman Lewis. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan recognized the Boy Scout Troop #116. City Council Meeting Presentations, Reports and Discussion Items: Aeenda Additions: Mayor Jordan stated I have something to add to the agenda. He went on to explain the ordinance. Alderman Ferrell moved to add "Amend Chapter 161.03 (B) (2) Outdoor Music Establishments" to the agenda. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes February 7,2012 Page 2 of 11 Amend Chapter 161.03 (B) (2) Outdoor Music Establishments: An ordinance to amend Ch. 161.03 (B) (2) of the Unified Development Code, to allow outdoor music establishments to be considered as a conditional use in R-A zones. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Current Planning gave a brief description of the ordinance. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Boudreaux seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. City Attorney Kit Williams read the ordinance. Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lewis was absent. Alderman Kinion moved to approve the emergency clause. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. Ordinance 5479 as Recorded in the office of the City Clerk Consent: Approval of the January 17, 2012 City Council meeting minutes. Approved Airport Minimum Standards: A resolution approving the revised minimum standards for the Fayetteville Executive Airport Drake Field as approved and recommended by the Airport Advisory Board. Resolution 27-12 as recorded in the office of the City Clerk. Garver, LLC: A resolution approving an agreement for professional engineering services with Garver, LLC in an amount not to exceed $94,200.00 for engineering design related to Town Branch Trail. Resolution 28-12 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes February 7,2012 Page 3 of 11 AOS, LLC: A resolution authorizing the purchase of a high performance server chassis and network switch with storage in the amount of$192,704.43 from AOS, LLC pursuant to a state procurement contract, and approving a budget adjustment. Resolution 29-12 as recorded in the office of the City Clerk. Public Access Television Fee Revenue: A resolution approving a budget adjustment in the amount of$2,610.00 recognizing public access television fee revenue for 2011. Resolution 30-12 as recorded in the office of the City Clerk. L-3 Mobile-Vision, Inc.: A resolution authorizing the purchase of thirty-one (3 1) digital video systems for the Police Department from L-3 Mobile-Vision, Inc. in the total amount of $181,547.55 pursuant to a bid waiver authorized by Ordinance No. 4551. Resolution 31-12 as recorded in the office of the City Clerk. Alderman Boudreaux moved to accept the Consent Agenda as read. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. Unfinished Business: None New Business: RZN 11-3999 (2514 W. Lori Dr./Razorback Park Golf Course): An ordinance rezoning that property described in rezoning petition RZN 11-3999, for approximately 32 acres, located at 2514 West Lori Drive from RSF-1, Residential Single-Family, 1 unit per acre to R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. City Attorney Kit Williams read the ordinance. Alderman Boudreaux moved to suspend the rules and go to the third and final reading. Alderman Adams seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes February 7,2012 Page 4 of 11 City Attorney Kit Williams read the ordinance. Alderman Ferrell: It says this was submitted by Ron Caviness, is that the owner? Jeremy Pate: I believe so, that is the contact we have had. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lewis was absent. Ordinance 5480 as Recorded in the office of the City Clerk Amend Chapter 163 Use Conditions: An ordinance to enact §163.17 Wrecking, Demolition and Scrap Metal Processing into the Unified Development Code and to adopt an emergency clause. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Petty questioned the emergency clause and asked why it was included. City Attorney Kit Williams explained why the emergency clause was necessary. Alderman Boudreaux stated I wasn't sure we could go back on an existing facility and require that they do these things. City Attorney Kit Williams stated I think we can provide reasonable regulations that are necessary for the health and protection of our citizens within our City limits. Alderman Boudreaux: I am really glad we are going to move forward with that. Jeremy Pate: As of today none of these operations are occurring in Fayetteville. They have in the past and I would assume that some of these will in the future and this will simply give guidance to those individuals on how to do it. Alderman Ferrell: Let's say there is a parcel of land that the City is thinking about annexing and there is a working business there. Are they going to be grandfathered in? City Attorney Kit Williams explained that normally they will be allowed to continue to operate but that doesn't mean that we could not place some regulations upon it. Alderman Petty spoke to the Boy Scout troop and encouraged them to consider the leave no trace principals and how they can be applied when preparing their merit badge report. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316