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HomeMy WebLinkAboutOrdinance 5252 ORDINANCE NO. 5252 AN ORDINANCE TO AMEND §163.15 TRANSIT SYSTEM SHELTERS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW TRANSIT SHELTERS LOCATED WITHIN THE MASTER STREET PLAN RIGHT-OF-WAY AND BUILDING SETBACK LINES WHEREAS, in City Plan 2025 the City of Fayetteville identified the goal to "Create a Livable Transportation System"; and WHEREAS, the City of Fayetteville recognizes that Ozark Regional Transit and Razorback Transit provide the community with multi-modal transportation options; and WHEREAS, Ozark Regional Transit has received Federal funding from the 2009 Recovery and Reinvestment Act to install transit system shelters in the City of Fayetteville; and WHEREAS, the City of Fayetteville recognizes that transit system shelters will often be located within the Master Street Plan right-of-way and building setback lines. 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 §163.15 Transit System Shelters by replacing subsection(A), as follows: "(A) Intent. Transit System Operators may apply for a conditional use permit to allow for the location of bus shelters in, or adjacent to, the right of way of public streets subject to the following conditions and requirements. A variance is not required for transit system shelters located outside of the right-of-way but within the building setback. Transit system benches that are not sheltered from the elements may be located at bus stops with the approval of the Director of Development Services." Page 2 Ordinance 5252 Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends §163.15 Transit System Shelters, by inserting and reordering subsection (A)(1) to add a new subsection(A)(1)(b), as follows: "(A)(1)(b) A transit system shelter or structure shall not be required to meet the building or master street plan setback, as these structures are intended to be located in a convenient area for the use by the general public awaiting transit." Section 3: That the City Council of the City of Fayetteville, Arkansas, hereby amends §163.15 Transit System Shelters, by adding an additional sentence to subsection (A)(3)(b), as follows: "(A)(3)(b) Transit system shelters located within 20 feet of an existing street or parking lot light may not have additional lighting requirements." Section 4: That the City Council of the City of Fayetteville, Arkansas, hereby amends §163.15 Transit System Shelters, by enacting a new subsection(A)(3)(d), as follows: "(A)(3)(d) Transit system street furniture/benches that are not sheltered from the elements may be located at pre-approved transit stops with the approval of the Zoning and Development Administrator. Approval of any structure shall be subject to the findings found in section (A)(2) above." t`�41449!R!!AlP�� PASSED and APPROVED this 21 st day of July, 2009. p FAYE7TEVILLE o APPROVED: ATTEST: �At4 C! �plldi6b 6bm'��' V By: By: &uVVdA_r,, 4 . L ELD J AN, Mayor SO DRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items ~ and Contracts,Leases or Agreements 7/21/2009 City Council Meeting pate Agenda Items Only Leif Olson Strategic Planning Submitted By Department Action R ulred: ADM 09-3288(UDC Ch.163.15 Transit System Shelters):An ordinance amending CH.163.15 of the Unified Development Code to clarify the allowance of transit system shelters to be located within the Master Street Plan right-of, way and building setback lines. Cost of this request Category/Project Budget Program Category!Project Name Account Number Funds Used to Date Program!Project Category Name Pr*ctNumber Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �9 iu i Previous Ordinance or Resolution# ep7ent pirectoD' ate Original Contract Date: Original Contract Humber: City Attomey Date 4 C to r ►..� lam' d.�-�� Finance and Internal Services Director Date Received in City Clerk's Office Chi of taff Date Received in � Q Mayor's Office a r Dgfe Comments: City Council Meeting of July 21, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director p� Karen Minkel, Strategic Planning and Internal Consulting Director 1<1,d4, From: Leif Olson, Associate Planner Date: June 23, 2009 Subject: UDC Ch. 163.15 Transit System Shelter Amendments (ADM 09-3288) RECOMMENDATION Planning staff recommends amending the Unified Development Code Chapter 163.15 to permit transit system shelters to be located in the Master Street Plan right-of-way and within the building setback lines. Additionally, language has been added to address lighting and to allow administrative approval of unsheltered transit benches. BACKGROUND Ozark Regional Transit will receive funding from the federal government as a part of the 2009 Recovery and Reinvestment Act in order to locate transit shelters and benches in Washington and Benton Counties. Preliminary indications are that Fayetteville will receive 7 transit shelters and 6 benches. Transit shelters are allowed by Conditional Use, and Ozark Regional Transit will soon come before the Planning Commission and City Council with a request to locate shelters in Fayetteville. In anticipation of this, Strategic Planning Staff is proposing amendments to Sections 163.15 Transit System Shelters in order to clarify that shelters may be located within the Master Street Plan right-of-way and also within the building setback line. This will eliminate a variance request from the applicant in order to place a shelter structure adjacent to the street, which is the most convenient location for the general public. The proposed ordinance adds language that also may exempt transit shelters from additional lighting requirements and enables transit providers to locate un-sheltered benches in locations approved administratively by the Development Services Director. DISCUSSION This item was heard at the regular Planning Commission meeting on June 22, 2009. The Planning Commission amended the ordinance by replacing the word "shall" with the word "may" in section 163.15(A)(3)(b) and then forward the ordinance by a vote of 7-0-0 with a recommendation for approval to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND §163.15 TRANSIT SYSTEM SHELTERS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW TRANSIT SHELTERS LOCATED WITHIN THE MASTER STREET PLAN RIGHT-OF-WAY AND BUILDING SETBACK LINES WHEREAS, in City Plan 2025 the City of Fayetteville identified the goal to "Create a Livable Transportation System"; and WHEREAS, the City of Fayetteville recognizes that Ozark Regional Transit and Razorback Transit provide the community with multi-modal transportation options; and WHEREAS, Ozark Regional Transit has received Federal funding from the 2009 Recovery and Reinvestment Act to install transit system shelters in the City of Fayetteville; and WHEREAS, the City of Fayetteville recognizes that transit system shelters will often be located within the Master Street Plan right-of-way and building setback lines. 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 §163.15 Transit System Shelters by replacing subsection (A), as follows: "(A)Intent. Transit System Operators may apply for a conditional use permit to allow for the location of bus shelters in, or adjacent to, the right of way of public streets subject to the following conditions and requirements. A variance is not required for transit system shelters located outside of the right-of-way but within the building setback. Transit system benches that are not sheltered from the elements may be located at bus stops with the approval of the Director of Development Services." Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends §163.15 Transit System Shelters, by inserting and reordering subsection (A)(1) to add a new subsection (A)(1)(b), as follows: "(A)(1)(b) A transit system shelter or structure shall not be required to meet the building or master street plan setback, as these structures are intended to be located in a convenient area 'for the use by the general public awaiting transit." Section 3: That the City Council of the City of Fayetteville, Arkansas, hereby amends §163.15 Transit System Shelters,by adding an additional sentence to subsection(A)(3)(b), as follows: "(A)(3)(b) Transit system shelters located within 20 feet of an existing street or parking lot light may not have additional lighting requirements." Section 4: That the City Council of the City of Fayetteville, Arkansas, hereby amends §163.15 Transit System Shelters,by enacting a new subsection(A)(3)(d), as follows: "(A)(3)(d) Transit system street furniture/benches that are not sheltered from the elements may be located at pre-approved transit stops with the approval of the Zoning and Development Administrator. Approval of any structure shall be subject to the findings found in section(A)(2) above." PASSED and APPROVED this 21 st day of July, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer Proposed Amendments (a) The improvement or facility will not 163.15 Transit System Shelters be located,extend onto,or intrude (A) Intent.Transit System Operators may apply on the roadway or the sidewalk to for a conditional use permit to allow for the such an extent as to impede the location of bus shelters in,orad lacent tio;the area needed far vehicular traffic or right of way of public streets subject to the pedestrian use. following conditions and requirements A v�rances not required for,transit systerr (b) The improvement or facility will not setersloeated_outs►deof;the right=of,way create a hazardous condition or butn+I#h►n the bulld��g se#back Transit obstruction of vehicular or ystom botches that are not sheltered froth pedestrian travel on the street or the„eMemen#s may l?e,Wcatetl at;bus stops sidewalk. w�kh;the approval of#lae Qirector of (c) The design and location of the Deualopmeit Services, facility includes all reasonable (1) Requirements for locating,constructing planning to minimize the potential and maintaining a transit system bus for injury or interference to the shelter are as follows; public in the use of the municipal street or sidewalk. (a) The bus shelter conditional use (3) Additional bus shelter elements may be permit application shall require a required to be installed and maintained site plan illustrating the location and dimensions of the proposed by the Transit System Operator.These structure,the street right of ways may include but shall not be limited to: and any existing utility easements. (a) A concrete pad on which to locate {b) A lranslt system shelter or strucfuie the shelter and accompanying sha71 not 4;e required to pieet,fh.e street furniture. building oraster:street plan (b) Pedestrian sealed street lighting se#back as these structures are ' ° meeting the requirements of intended#o be located Ina Chapter 176 of the Unified corivenrent area for the use by the Development Code of the City of general id- t ng tI a Fayetteville(Outdoor Lighting (c) The City may require that the transit Ordinance) Transit sjrstem shelters loos# system provide a cash or security ed wrthin 241 feet of ar eXisj g bond in an amount approved by the street or parking lot light ekatl may City sufficient to cover the cost of not have addtionahjightag removing the transit systems requ>relnerrts:, facilities or improvements. (c) An integrated or detached (d) The City may require that the transit "wayfinding totem”to identify system provide a provision location and bus routes. authorizing the City to remove, without liability,any part of a facility ( ) Transit system street for which a permit has been issued furi6i€t relber...hes that are not if there is a lawful need for the site sheltered#rob►the eiemexztsay.tis or for access to the site. located at pro appro..ed.. tisk s#ops +ulth the approval of the (d) The City may require the transit ZQr�ing and Qeuelopment system to provide public liability 'Ad strator, Apprar�al of atiy insurance. structure shalt tJe subtect to#Fair findrrigs found In Sectlotl(A)(;2) (f) The City may require that the transit above system provide and pay for any (4) Signage. Only signage denoting the bus necessary or essential traffic and stop location,or language associated safety studies. with city wayfinding shall be allowed on (2) The Planning Commission may issue a bus shelter structures. bus shelter conditional use permit (Ord.4946, 11-21-06) based on the following findings; ARKANSAS PC Meeting of June 22, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS [25 W. Mountain St_ PLANNING DIVISION CORRESPONDENCE Telephone:(479)575--8257 TO: Fayetteville Planning Commission FROM: Leif Olson, Associate Planner THRU: Karen Minkel, Strategic Planning and Internal Consulting Director Jeremy Pate, Development Services Director DATE: .lune 17, 2009 ADM 09-32.8$: (UDC AMENDMENT CH. 163: USE CONDITIONS): The request is to amend Chapter 163: Use Conditions of the Unified Development Code to clarify the allowance of transit system shelters to locate within the Master Street Plan right-of-way and building setback lines. Also, language has been added regarding additional lighting requirements and allowing administrative approval for the placement of un-sheltered bus benches. Planner: Leif OIson BACKGROUND Ozark Regional Transit will receive funding from the federal government as a part of the 2009 Recovery and Reinvestment Act in order to locate transit shelters and benches at designated locations along it's routes in both Washington and Benton Counties. Preliminary indications are that Fayetteville will receive 7 transit shelters and 6 benches. City staff and representatives of Ozark Regional Transit have identified the location for these transportation improvements using the following set of criteria: • Number of riders using the route and major destinations and/or boarding locations. • Ability to serve more than one transit provider(Razorback Transit) at a shared stop. • Close proximity to senior and/or disabled housing or high volume uses. • Close proximity to linkages with multi-modal transportation options such as the trail system and large employment centers_ Additional funds may be appropriated through New Freedom grant monies that will allow the City to partner with Ozark Regional Transit to improve and build sidewalks, curb cuts and-bus shelter/bench pads. Transit shelters are allowed by Conditional Use and Ozark Regional Transit will soon come before the Planning Commission with a request to locate shelters in Fayetteville. In anticipation of this, Planning staff is proposing amendments to Sections 163.15 Transit System Shelters in order to clarify that shelters may be located within the Master Street Plan right-of-way and also within the building setback line. This will eliminate a variance request from the applicant in order to place a shelter structure adjacent to the street, which is the most convenient location for the general public. The proposed ordinance adds language that exempts transit shelters from additional lighting requirements if located within 20 feet of existing parking lot or street Iighting. Additionally, staff proposes enabling transit providers to locate un-sheltered benches in locations approved administratively by the Development Services Director. RECOMMENDATION Planning Staff recommends approval of ADM 09-3288 to amend Chapter 163.15 of the UDC to permit transit system shelters within the Master Street Plan right-of-way and building setback lines. Planning Commission Action: ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: .lune 22, 2009 Comments: -r 'est^ �* ,y 1-. t om. a" �M, ' , ' OW jp KP r s x � r {as d m h 1 Y �r - J - rf s.� 1 �r i l l j � y r �.� ,g� rte, jJ : V74 WnO 1' "�'u�ys' h,. ,fd✓ +'�Ea-_.�"��.'ra��"•`�'c�.6�'S7'�Q� (. jra W4 AC �✓ r; aswi��8➢la'sTA mem���►�'a9�'S'r? , ami,* Owe4si 'oFO-WAPATI.. Y a. � 1 'qc 'r% ' ? 4 Y '�1