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HomeMy WebLinkAboutOrdinance 5526 ORDINANCE NO. 5526 AN ORDINANCE TO AMEND CHAPTERS 151, 156, 161, 164, 166, AND 174 OF THE UNIFIED DEVELOPMENT CODE TO REPEAL THE REQUIREMENTS OF THE I-540 DESIGN OVERLAY DISTRICT AND REVISE VARIOUS SECTIONS OF THE CODE ACCORDINGLY AND TO AMEND THE BOARD OF ADJUSTMENT FINDINGS FOR VARIANCES TO REFLECT STATE STATUTES WHEREAS, in 1994 the City Council of the City of Fayetteville adopted Ordinance No. 3806, establishing the I-540 Design Overlay District, "to protect the distinctive scenic quality of the U.S. 71 Highway Corridor, to address issues of traffic and safety, to address environmental concerns and to preserve and enhance the economic value and viability of property within the corridor'; and WHEREAS, the I-540 Design Overlay District created building and landscaping setbacks, greenspace, landscape standards and tree plantings in parking lots, aesthetic building design and appearance standards, sign regulations that only allow monument style signs and a prohibition on directly illuminated signs, curb cut separation requirements, screening of utility equipment and trash enclosures, and so forth; and WHEREAS, the City of Fayetteville has, since 1994, adopted city-wide Commercial and Urban Residential Design Standards, comprehensive Landscape and Tree Preservation ordinances, Access Management regulations, and other codes that take the place of or improve upon the regulations set out in Ordinance No. 3806; and WHEREAS, the usefulness of having a separate I-540 Design Overlay District in addition to the current Unified Development Code regulations has been exhausted and at times creates conflict or confusion with other applicable ordinances; and WHEREAS, after a thorough analysis of the I-540 Design Overlay District Standards and current ordinances of the Unified Development Code, the Planning Staff, Planning Commission and City Attorney recommend the 1-540 Design Overlay District be repealed for its original intended purpose and the requirements that should be retained to be inserted into the appropriate chapters of the Unified Development Code, Page 2 Ordinance No. 5526 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §151 Definitions of the Unified Development Code as shown in Exhibit"A"attached hereto. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §156 Variances of the Unified Development Code to repeal §156.02 Zoning Regulations and replace it with the language shown in Exhibit`B"attached hereto. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §161.31 Design Overlay District (I-540 Highway Corridor) of the Unified Development Code. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §164 Supplementary Zoning Regulations of the Unified Development Code to repeal §164.09 Fences, Walls and Vegetation and replace it with the language shown in Exhibit "C" attached hereto. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §166.14 Commercial Design and Development Standards and adopts §166.25 Commercial, Office and Mixed-Use Design and Development Standards as shown in Exhibit "D" attached hereto. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends §174.08 Prohibited Signs to add the following: "(M)I-540 Overlay District. It shall be unlawful to erect any pole sign within the I-540 Overlay District. The only permitted free standing sign in the I-540 Overlay District shall be monument signs." Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends §174.09 Sign Illumination to add the following: "(B) Only indirect illumination may be used for illumination of all signs within the I-540 Overlay District boundary." PASSED and APPROVED this 18th day of September, 2012. APPROVED: ATTEST: I yOF ,G-Pi U; FAYETIEViLLE.z' �n , = - BYBy: ��: ,•�, �I NELD , Mayor SONDRA E. SMITH, City Clerk/Tre '*ANS •���� o i�C O% ``` ADM 10-3554 Exhibit"A" CHAPTER 151: DEFINITIONS 1-540 Overlay District. The Overlay District encompasses all lands lying within 660 feet of each side of the right-of-way of 1-540 from the intersection of 1-540 and State Highway 471 (a/k/a 71B) north to the city limits of Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway), and also that portion known as State Highway 471S described more fully as that portion of State Highway 471 which connects 1-540 to State Highway 471 (a/k/a North College) and all future extensions of 1-540 within the City of Fayetteville. Said boundaries are set out on the official plat pages along with a legal description of such boundaries located in the Planning Division. Principal Fagade. The front plane of a building that faces a public street including porches and balconies, but not including stoops, awnings or canopies (whether or not attached to the building). 1 ADM 10-3554 Exhibit"B" CHAPTER 156: VARIANCES 156.02 Zoning Regulations (A) General procedure. Variances of all zoning regulations shall be considered and decided as shown below by the Board of Adjustment. There shall be no appeal to the City Council for zoning regulation variances. (B) Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and (C) Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. (D) Special Conditions. In granting a zoning regulation variance,the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. (E) Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. (F) Specific Tests. The Board of Adjustment shall apply specific tests for the following variance requests: (1) Height variances in all districts. In addition to meeting all other normal requirements for a variance, an applicant seeking a height variance must establish the increased height of the proposed structure will not adversely affect adjoining or neighboring property owners, nor impair the beauty of Old Main, the historical churches on Dickson Street near East Avenue, nor otherwise impair the historic beauty and character of Fayetteville. 2 ADM 10-3554 Exhibit"C' CHAPTER 164: SUPPLEMENTARY REGULATIONS 164.09 Fences, Walls, And Vegetation (A) Subject to the provisions of §166.12, fences, walls, and vegetation may be permitted in any required building setback or any required setback area, or along the edge of any setback, provided the fence, wall, or vegetation does not materially impede vision, as determined by the Zoning and Development Administrator, between vehicular or pedestrian traffic. In any required setback or any required setback area, nothing permanent over 2'/: feet (30 inches) high may be installed which materially impedes vision between vehicular or pedestrian traffic. (B) Fences. Fences may be permitted for screening, security or for aesthetic purposes. The following types, height, and location of fences shall be prohibited for developments that are subject to the regulations within this chapter: (a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if visible from the street right-of-way or a residence, unless and except barbed wire fences that are used for agricultural purposes. (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building. Single family residential uses outside the Downtown Design Overlay District are exempt from this requirement. (c) Height of fences in front of buildings. Fences located in front of the principal fagade of a building may be solid up to 30 inches in height. Any part of a fence which exceeds 30 inches in height shall not obstruct the view of the principal fagade from the right-of-way. (Code 1965,App.A.,Art. 8(2); Ord. No. 1747, 6-29-70; Ord. No.2380,9-20-77; Code 1991, §160.111; Ord. No.4100,§2 (Ex.A),6-16-98;Ord.5271,9-1-09) 3 ADM 10-3554 Exhibit"D" CHAPTER 166: DEVELOPMENT 166. 25 Commercial, Office and Mixed Elements to Avoid Use Design And Development Standards (b) (A) Purposes. (1) To protect and enhance Fayetteville's eal v ., <' ". appearance, identity, and natural and (c;aj. economic vitality. li (2) To address environmental concerns which include, but are not limited to, soil erosion, vegetation preservation, and drainage. (3) To protect and preserve the scenic resources distributed throughout the city which have contributed greatly to its (2) A development which contains more than economic development, by attracting one building should incorporate a recurring, tourists, permanent part-time residents, new unifying, and identifiable theme for the entire industries,and cultural facilities. development site, without replicating the (4) To preserve the quality of life and integrate building multiple times. the different zones and uses in a compatible (3) A development should provide compatibility manner, and transition between adjoining developments. (5) To address the issues of traffic, safety, and crime prevention. (4) All structures shall be architecturally designed to have front facades facing all (6) To preserve property values of surrounding adjacent street and highway rights-of-way, property. and shall include at least one prominent (7) To provide good civic design and entry-way on the principal fagade(s). arrangement. (5) All buildings should be constructed of wood, (B) Applicability. These design and development masonry,or other similar durable material. standards apply to commercial developments, office developments, those parts of a Planned (D) Site Development and Design Standards. Zoning District or other mixed use developments with commercial and office elements and to (1) Site coverage. A maximum of 80% of the industrial developments within the 1-540 Overlay development site may be covered by the District. ground floor of any structure, parking lots, sidewalks, and private streets and drives or (C) Building Exterior Appearance and Design any other impermeable surface. Properties Standards. The following exterior development located within the Downtown Master Plan standards and design element guidelines shall be boundary are exempt from this requirement. followed: (2) Driveways. Shared drives and cross access (1) The elements to avoid or minimize include: between properties shall be encouraged to adjacent developed and undeveloped (a) Unpainted concrete precision block properties. walls; (b) Square"boxlike"structures; (3) Mechanical and utility equipment and refuse containers shall be screened if visible from (c) Metal siding which dominates the the highway/street right-of-way or from principal facade; residential property as set forth below: (d) Large blank, unarticulated wall surfaces; (a) Mechanical and utility equipment. (i) All mechanical and utility equipment located on the wall and/or on the ground shall be screened with 4 vegetation, by incorporating garden supplies, etc. shall not be screening into the structure, or by required to be screened as set forth in utilizing paint schemes that subsection (a) above. complement the building and screen the equipment. (5) Non-residential uses adjacent to residential uses. The Planning Commission or Planning (ii) All roof mounted utilities and Division may require non-residential uses, mechanical equipment shall be including parking lots associated with said screened by incorporating uses, to be screened from adjacent screening into the principal residential uses, as set forth below: structure utilizing materials and colors compatible with the (a) A buffer strip, fence, or screen wall that supporting building. is required shall be constructed and maintained on the zoning lot containing (b) Refuse containers. Refuse containers or proposed to contain such use, in shall be screened with materials that are accordance with provisions of this compatible with and complementary to chapter. the principal structure, with access to the refuse containers not visible from (b) Buffer Strip. The purpose of the buffer the street. Containers may be screened strip is to provide separation and from view by the principal structure; by a enclosure of uses. The landscaped permanent walled or fenced enclosure; buffer strip shall consist of a strip of land or with appropriate vegetation, planted at least 8 feet wide adequately at a density and size sufficient to be landscaped with approval of the Urban view obscuring immediately from the Forester, entirely on the zoning lot which date of planting; so long as the is required to provide the buffer strip, screening is maintained and loose trash and so located as to serve as an does not litter the ground or become an effective buffer between the use environmental nuisance. required to provide the buffer strip and other property for whose protection the (4) Outdoor storage of material and equipment buffer strip is required. The buffer strip shall be screened if visible from the should extend along the full length of the highway/street right-of-way or from boundary separating the zoning lot from residential property as set forth below: such other property, or from the street, as the case may be. (a) At the expense of the owner or lessee of the property, and in all zones, the (c) Fence required. The purpose of the following uses shall be completely fence is to enclose uses. Required surrounded by a view obscuring fence fences shall not be less than six (6)feet or by view obscuring vegetation, or a high, constructed of good, substantial combination of the two, of sufficient material, of first-class workmanship, and height to prevent the view of the so erected as to resist wind pressure, premises from vehicular and pedestrian ensure public safety, and present a traffic on adjacent streets: outdoor neat, attractive uniform appearance, storage yards, including but not limited to, auto salvage yards, scrap metal (d) Screen required. The purpose of the yards, used furniture yard and garbage screen is to conceal uses. Screening dumps. shall mean a view obscuring fence,view obscuring berm, view obscuring (b) Where vegetation is used to meet the architectural treatment, or view requirements of this subsection, the obscuring vegetation, or combination vegetation shall be planted at a density thereof, of sufficient height to prevent sufficient to become view obscuring the view of the screened items from within two years from the date of vehicular and pedestrian traffic on planting. If vegetation planted under adjacent streets, and from residential this subsection does not become view- property. Vegetation shall be planted at obscuring within two years, a view- a density sufficient to become view obscuring fence shall be installed. obscuring within two years from the date (c) Exceptions: The outdoor display of of planting. materials or equipment solely for sale or (6) Mini-storage. At the expense of the owner of lease, such as automobiles, seasonal the property, all storage units and storage 5 yards for mini-storage created under Use (2) Build out. Upon approval of a development, Unit 38 shall be required to be screened by or issuance of a building permit, build-out of view obscuring vegetation when the storage the project shall conform to the drawings, yards or the storage units have common information,and plans approved. property lines with any residential use or zone and when they have frontage on any (a) Amendments. Amendments to the public street. Vegetation used for screening drawings, information, and plans shall purposes shall be planted at a density be submitted to the planning division. sufficient to become view obscuring within Amendments which are determined to two years from the date of planting and it be insignificant or minor may be shall be the responsibility of the property approved by the Planning Division. owner to maintain the screening throughout Significant amendment shall be the life of the use of the property as mini- approved by the Planning Commission storage. when approval was given through the large scale development process, or by (E) Design review. the planning division when approval was given through the building permit (1) Submittals. The following drawings, process. information, and plans shall be submitted to the Planning Commission or Planning (b) Review. Amendments shall be Division for design review and approval with considered using the same standards as the associated development application, the initial design approval. when applicable; (c) Noncompliance. Failure to build-out the (a) Elevations. Color rendered elevation project according to the approved drawings of all building facades and a drawings, information, and plans, or description of external building approved amendments thereto, shall materials. Labels and dimensions, render the large scale development where applicable, shall accompany approval, or the building permit approval changes in texture, plane, material or void. color. (F) Variances. (See Chapter 156.) (b) Materials sample. A sample of exterior materials to be used for the proposed (Code 1991, §160.124; Ord. No. 4004, §1, 10-15-96; Ord. structure that indicates texture, color No. 4100, §2 (Ex. A), 6-16-98; Ord. 4917, 9-05-06; Ord, and type of materials. 4930, 10-03-06;Ord. 5028,6-19-07;Ord.5271,9-1-09) (c) Landscaping. Proposed landscaping to Cross references)--Specific Districts §161.13 be used as screening shall be shown on the tree preservation plan and landscape plan. B City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/18/2012 City Council Meeting Date Agenda Items Only Jeremy Pate Planning Development Services Submitted By Division Department Action Required: ADM 10-3554: 1-540 Design Overlay District and Board of Adjustment Variance Findings. The request is to amend the Unified Development Code to repeal the 1-540 Design Overlay District and consolidate certain related regulations into other sections of the UDC, and to amend the Board of Adjustment findings for variances to reflect state statutes. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program 1 Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department Director Date Original Contract Date: i 2�1L Original Contract Number: City Attorne`y� Date TWA a . & L- a-2.012- _ . Finance and Internal Services Director Date Received in City Clerk's Office C ief of aff Date Ff2E Received in Mayors Office 311 ayor Date Comments: Revised January 15,2009 Page left intentionally blank Ta7 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services Director Date: August 27, 2012 Subject: ADM 10-3554: 1-540 Design Overlay District and Board of Adjustment Variance Amendments RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance to consolidate the I-540 Design Overlay District requirements into other sections of the UDC, and eliminate requirements that are not consistent with current development regulations. The City Attorney has also worked with staff since the Planning Commission reviewed this proposal to fine-tune the language and to add amendments to the Board of Adjustment requirements for approving a variance, consistent with state statutes related to variances. BACKGROUND The City of Fayetteville adopted the Design Overlay District (I-540 Highway Corridor) in 1994 to protect and enhance the distinctive scenic quality for the 1-540 Highway Corridor and to address traffic, safety, and environmental concerns. The regulations included in this district (1-540 DOD) for all nonresidential development have led to the adoption of other development regulations in subsequent years that are administered to all properties in the City of Fayetteville, including the Commercial Design and Development Standards, Street Design and Access Management Standards, Landscape Regulations, and pedestrian safety requirements in various sections of the Unified Development Code. The 1-540 DOD served a valuable purpose for many years in a visible and environmentally sensitive area of the City until other sections of the Unified (UDC) were created or updated. Over the past decade or so new standards have left a majority of the 1-540 DOD requirements redundant or outdated. Most of the 1-540 DOD requirements are now covered in other sections of the UDC and apply throughout the City. However, some of the 1-540 DOD requirements are slightly different than requirements in other areas of the City. In staffs opinion, this leads to inconsistent development requirements without substantial benefits. Some of these conflicts are: The curb cut distance requirements in the I-540 DOD are now addressed with a more comprehensive access management code (UDC 166.08); The 25-foot greenspace requirement adjacent to streets are now addressed under the consolidated landscape regulations (UDC 177) which require 15-foot greenspace; THE CITY OF FAYETTEVILLE,ARKANSAS The 25% overall site greenspace requirement in the I-540 DOD is now addressed under the Commercial Design and Development Standards (UDC 166.14); Commercial Design and Development Standards (UDC 166.14) address the design of a commercial building's fagade and site layout, and differ somewhat from the 1-540 DOD; • A consolidated sign ordinance (UDC 174) contains all free-standing and wall sign regulations in the city, with the exception of the I-540 DOD, which often leads to confusion for applicants; and Variances from the I-540 DOD have a different set of parameters than typical variances, and thus are a source of confusion when proposed Staff recommends that the redundant I-540 DOD requirements be eliminated and the existing applicable standards included in select chapters of the UDC. One I-540 DOD standard that remains important, in terms of the viewshed of the area, is the prohibition on tall pole signs. Staff recommends this regulation remain, but be moved to Chapter 174 Signs, a more appropriate location to find a sign ordinance requirement. In addition, staff recommends the re-organization of the Commercial Design Standards ordinance to reflect its true application to commercial, office and mixed-use development, and also to industrial development within the original I-540 overlay district boundary, an amendment made by the Planning Commission. Since the time of the Planning Commission recommendation, the City Attorney has worked with staff to address some legal concerns related to the original draft ordinance. When approved by the Planning Commission, the Commercial Design Standards were drafted to also apply to institutional development, such as schools and churches, a practice that is common in the state and region. However, the City Attorney has stated concerns with applying an aesthetic design standard to public schools and churches; after several unsuccessful attempts to address these issues, staff has elected to present the City Attorney's recommended ordinance language. Finally, Ch. 156 of the Unified Development Code pertaining to zoning variances has been completely rewritten by the City Attorney's office and included in this proposal. This amendment is simply to reflect current state statutes related to zoning variances, which is entirely controlled by those statutes, in terms of who may hear and decide zoning variances, and what factors may be considered in the final decision. SUMMARY The proposal to eliminate Chapter 161.28 Design Overlay District (I-540 Highway Corridor) and to include some requirements in other sections of the UDC is summarized below and attached in full to this staff report: Chapter Section Description - Include the definition of the overlay district 151.01 Definitions boundaries for signage purposes and to apply design standards to industrial developments within - Modify the definition for Principal Fagade - Strike the section I-540 DOD variance; remove 156.02 Variances Planning Commission consideration for any zoning related variances; rewrite zoning variance findings 161.31 Zoning Regulations - Strike the I-540 DOD section 164.09 Fences, Walls, - Relocate fence standards from commercial design