HomeMy WebLinkAboutOrdinance 5337 ORDINANCE NO. 5337
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTER 177:
LANDSCAPE REGULATION IN ORDER TO MODIFY EXISTING
REQUIREMENTS AND REGULATIONS THAT ADDRESS PERIMETER
LANDSCAPING FOR DEVELOPMENT.
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should be revised to apply the requirement for 15 feet of greenspace to all commercial and office
developments in the City; and
WHEREAS, certain sections of the City of Fayetteville Unified Development Code
Chapter 177.04(D) Perimeter landscaping requirement do not work toward achieving the intent
to screen parking lots from the view of the public right-of-way; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should be revised to eliminate unnecessarily repetitive information that is included in another
chapter;
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 repeals
§177.04(D)(2)(b) of the Unified Development Code and renumbers the sub-section accordingly.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§177.04(D)(4)(a) of the Unified Development Code and enacts a replacement §177.04(D)(4)(a)
as follows:
The requirement for a continuous planting of shrubs is intended to lessen the
effect of extensive paving. Parking lots that require screening shall have shrubs
that are spaced so as to create a seamless row of hedging. A minimum 50% of
shrubs shall be evergreen.
Page 2
Ordinance No. 5337
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§177.04(D)(4)(b) of the Unified Development Code and renumbers the sub-section accordingly.
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED: ATTEST:
By:
I NELD j.1,06AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/6/2010
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3568: (UDC CH. 177 LANDSCAPE REGULATIONS): Submitted by City Planning Staff. The request is to
amend Chapters 177.04 of the Unified Development Code (UDC) to revise the perimeter landscaping requirements.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Depart e ector 0ate
Original Contract Date:
Q Original Contract Number:
orneyU Date
Q �, (- 19.ZG t a
Finance and Internal Services Director Date Received in City
Clerk's Office 06-11 -10PO4 :48 R C V D
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Received in
Mayor's Office
Date
Comments:
444
77
Revised January 15,2009
41 Y ad F .y9 ;
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dlV^ THE CITY OF FAYETTEVILLE,ARKANSAS
leye DEPARTMENT CORRESPONDENCE
ARKANSAS
- s �
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Director
From: Dara Sanders Current Planner
Date: June 11, 2010
Subject: UDC Chapter 177 Amendments (ADM 10-3568)
RECOMMENDATION
Staff recommends approval of the proposed amendments to Chapters 177 of the UDC. This item was heard at
the May 10, 2010 Planning Commission meeting and forwarded to the City Council with a unanimous
recommendation for approval (7-0-0).
BACKGROUND
The City of Fayetteville adopted Chapter 177, Landscape Regulations, in 2006 to preserve and enhance the
natural beauty of Fayetteville and to reduce the environmental impact of development. City Planning staff and
the Urban Forester have administered the regulations in Chapter 177 for almost four years and find that the
shrub planting section under the perimeter landscaping requirements are inconsistent with and rarely achieve the
intent and purpose - to provide a continuous vegetative screen that will minimize the visual impact of a parking
lot from the public right-of-way. Chapter 177.04(D)(4) requires a property owner to plant a minimum of eight
(8) shrubs for every one (1) street tree planted. However, depending upon the type of shrub, this specific
requirement may not be sufficient to provide a continuous row of screening and to effectively buffer parking
lots from the street. Most developments planted with screening shrubs in accordance with code have large gaps
in between the shrubs, even after several years of growth.
Additionally, staff proposes to remove the requirement for 25 feet of greenspace in the I-540 Design Overlay
District (DOD). In staff's opinion, the 15 feet of greenspace and 15% open space now required throughout the
City as part of the Commercial Design Standards have proven to be effective and adequate in preserving
pervious surface and providing a greenspace buffer between parking lots and streets.
L
THE CITY OF FAYETTEVILLE,ARKANSAS
PROPOSAL
Staff proposes to amend Chapter 177.04 of the UDC to revise the perimeter landscaping requirements as
summarized below and attached in full to this staff report:
UDC Subject Proposed Changes
177.04(D)(2)(b) Design Overlay Strike the requirement for 25 feet of greenspace in the DOD
District
177.04(4)(a)-(c) Shrub Planting Remove the minimum shrub number and spacing requirement.
Insert the requirement for a"seamless row of hedging"
The ordinance amendments are highlighted and attached to the staff report.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTER 177:
LANDSCAPE REGULATION IN ORDER TO MODIFY
EXISTING REQUIREMENTS AND REGULATIONS
THAT ADDRESS PERIMETER LANDSCAPING FOR
DEVELOPMENT.
WHEREAS, the City of Fayetteville recognizes that the Unified Development
Code should be revised to apply the requirement for 15 feet of greenspace to all
commercial and office developments in the City; and
WHEREAS, certain sections of the City of Fayetteville Unified Development
Code Chapter 177.04(D) Perimeter landscaping requirement do not work toward
achieving the intent to screen parking lots from the view of the public right-of-way; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development
Code should be revised to eliminate unnecessarily repetitive information that is included
in another chapter;
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
repeals §177.04(D)(2)(b) of the Unified Development Code and renumbers the sub-
section accordingly.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
repeals §177.04(D)(4)(a) of the Unified Development Code and enacts a replacement
§177.04(D)(4)(a) as follows:
"The requirement for a continuous planting of shrubs is intended to lessen the effect of
extensive paving. Parking lots that require screening shall have shrubs that are spaced so
as to create a seamless row of hedging. A minimum 50% of shrubs shall be evergreen"
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
repeals §177.04(D)(4)(b) of the Unified Development Code and renumbers the sub-
section accordingly.
TITLE XV. UNIFIED DEVELOPMENT CODE
PASSED and APPROVED this the day of ) 2010.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Nftft Ile
1 10 Faye
PC Meeting of May 10, 2010
ARKi,NSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: ra.,. 4-0 Updated May 11, 2010
ADM 10-3568: Administrative Item (UDC AMENDMENT CH. 177 LANDSCAPE
REGULATIONS): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified
Development Code, Chapter 177 Landscape Regulations. The proposed code changes clarify the
specification for shrub plantings to screen parking lots from the street. Planner:Dara Sanders
Background and Proposal:The City of Fayetteville adopted Chapter 177,Landscape Regulations,in 2006
to preserve and enhance the natural beauty of Fayetteville and to reduce the environmental impact of
development.City Planning staff and the Urban Forester have administered the regulations in Chapter 177
for almost four years and find that the shrub planting section under the perimeter landscaping
requirements are inconsistent with and rarely achieve the intent and purpose - to provide a continuous
vegetative screen that will minimize the visual impact of a parking lot from the public right-of-way.
Chapter 177.04(D)(4)requires a property owner to plant a minimum of eight(8)shrubs for every one(1)
street tree planted. However, depending upon the type of shrub, this specific requirement may not be
sufficient to provide a continuous row of screening and to effectively buffer parking lots from the street.
Most developments planted with screening shrubs in accordance with code have large gaps in between the
shrubs, even after several years of growth.
Staff finds that requiring an exact number of shrubs under the current ordinance is counterproductive to
the purpose of forming a continuous vegetative buffer.Therefore,staff proposes to remove the minimum
number and to simply require that the shrubs form a"seamless row of hedging".The Urban Forester and
the species list in the Landscape Manual will be relied upon to ensure that the spacing and size of shrubs
at planting are the minimum needed to provide the desired hedgerow effect, which is dependent on the
shrub species.
Summary: The proposal to amend sections of Chapter 177.04 Site Development and Parking Lot
Landscape Standards is summarized below and attached in full to this staff report:
Chapter Section Description
177.04(D)(2)(b) Landscape - Strike the Design Overlay District requirement for 25
Regulations feet of green space. (a general clean-up that was
overlooked in a previous code change)
Modify the language from"continuous rows"to
177.04(D)(4) Landscape "seamless row of hedging and strike the specified
Regulations number of shrubs.
Strike the spacing requirement.
G.IETCIDEVELOPMENT SERVICES REVIER 120101DEVELOPMENT PEVIElM IO-3568 ADM LANDSCAPE REGULATIONS103-PLANNING
COMMSSIOM05-10-10110-3568 ADM LANDSCAPE REGULATIONS.DOC
The ordinance amendments are shown in highlight and strikeeat and are attached to the staff report.
RECOMMENDATION
Staff recommends forwarding ADM 10-3568 to the City Council with a recommendation for approval.
PLANNING COMMISSION ACTION: ves Required
Planning Commission Action: ❑ Forwarded ❑ Tabled ❑ Denied
Motion:Winston
Second: Chesser
Vote: 7-0-0
Meeting Date: May 10,2010
G:IETCIDEVELOPMENT SERVICES REVIEWI20101DEVELOPMENT REVIEMIO-3568 ADM LANDSCAPE REGULATIONS103-PLANNING
COMMISSIOM05-10-10110-3568 ADM LANDSCAPE REGULATIONS.DOC
UDC Amendments for Chapter 177: Landscape Regulations (Mark Up)
177.04 Site Development And Parking Lot (0(d)Shade. All tree planting locations shall
Landscape Standards attempt to achieve shade for parking lots,
cars,benches,pedestrian walkways, etc.,
by utilizing aspect and locating trees
(D) Perimeter landscaping requirement. Proposed along the south and west boundary of
development shall be landscaped meeting the these areas.
following requirements:
(f)(e) Screening. Parking lots containing five(5)
(1) Side and rear property lines. All parking lots or more spaces shall be screened from
shall have five feet (5') of landscaped area the public right-of-way and adjacent
between the property line and parking lot. properties, where said parking areas are
The two foot(2')vehicle overhang option may adjacent to residential zones,with shrubs
be included to meet this requirement. and/or graded berms. If graded berms
Depending on the use and location,additional are used,shrubs are also required.
landscaped area and screening may be
required along property lines. (g)(f) Perimeter planting location. All plantings
noted herein shall be installed within the
(2) Property lines adjoining street right-of-way. required landscape area. Subject to
approval by the Urban Forester, required
(a) Landscape area required. A fifteen(15) trees and shrubs may be planted within
foot wide landscaped area shall be the right-of-way or outside the required
provided along the front property line landscape area parallel to the street right-
exclusive of and adjacent to the Master of-way only in extenuating
Street Plan right-of-way. Points of circumstances.
access (entrance drives, exit drives) and
sidewalks are allowed to cross the fifteen (3) Tree Planting.
(15) foot landscaped area provided the
integrity of the landscaped area is (a) Large species trees shall be planted in
maintained. the required fifteen (15) foot landscaped
area containing one (1) tree per thirty
(,b) (30) linear feet along the front property
es.taD^'' + `` u'daF of —gin '! line. Trees along the perimeter may be
Overlayn'+. + + -, f„
,o
grouped to allow flexibility in design. The
WOO-landspal-ed -"-I! be pr4DVOdod
maximum allowed grouping may be up to
twenty-five(25%) percent of the required
09M efway
z -=nom—pe +c.• 'r
number of street trees.
i +
and Wdlawai4tore
(b) Species selection shall be chosen from
five�(26)4pot the approved list of trees for landscaping
found in the appendices of the City of
Fayetteville Landscape Manual
Alternate tree species selections may be
(s) Residential zones. Except for permitted approved by the Urban Forester. No
entrance drives, every development shall more than 25% of trees planted to meet
be landscaped for an equal and uniform perimeter landscaping requirements may
width of 15 feet parallel to the front be evergreen.
property line(s)street right-of-way. Single
family residential uses shall be exempt (c) Planted trees shall have a two (2) inch
from this requirement. caliper (diameter) measured six (6)
inches above ground level at the time of
(d)(c) Nonresidential zones. Except for planting.
permitted entrance drives, every
development shall be landscaped for an (d) At the request of the ,developer, the
equal and uniform width of 15 feet Urban Forester may exempt specific
parallel to the front property line(s) street areas from required tree planting where
right-of-way. Properties developed with the terrain, existing trees or other
an urban streetscape, utilizing urban tree physical limitations make the planting of
wells as defined herein, shall be exempt new trees impracticable. In cases of
from this requirement. existing overhead power lines, small
trees shall be planted that will not
interfere with the existing power lines.
Fayetteville Code of Ordinances
Species selection shall be approved by
the Urban Forester.
(4)Shrub Planting.
0djaGeRt tO. a StFeet Fight
—The requirement for a
continuous planting of shrubs is intended
to lessen the effect of extensive paving.
r i as _11106U§,PlaRtiRg Will be
M!. Parking lots that require
screening =shall, have "shrubs that are
spaced so,'as°to create a seamless row of
hedging . A minimum 50%of shrubs shall
be evergreen.
(b)
QM1 69-QP AARti
O Shrub size at the time of planting shall be
a minimum of three (3) gallon containers
with an expected height of three (3) feet
or more in=a' seamless row of hedging
within two(2)years of installation,,..,
(5)Ground Cover Planting. All landscape 'areas U
shall be re-vegetated withapprophate,",
perennial groundcover. Prior to certificate of
occupancy, all bare soil shall be adequately
covered in accordance with the Unified
Development Code.
CD277:
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