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Commission and City Attorney recommend the 1-540 Design Overlay District be repealed for its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'
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BYBy: ��: ,•�,
�I NELD , Mayor SONDRA E. SMITH, City Clerk/Tre '*ANS
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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
