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HomeMy WebLinkAboutOrdinance 5519 ORDINANCE NO. 5519 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE §166.24 TO AMEND THE APPLICABILITY OF NON-RESIDENTIAL DESIGN STANDARDS WHEREAS, the downtown zoning districts created as part of the Downtown Master Plan have expanded outside the original Downtown Master Plan boundary; and WHEREAS, the downtown zoning districts currently have no design standards [when located outside the Downtown Master Plan boundary], 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 the Unified Development Code §164.24(B) and replaces it with the following language: "(B) Applicability. These design standards shall apply to all non-residential development located in urban or form-based zoning districts that require a build-to zone, with the exception of those districts located within the Downtown Master Plan boundary. In addition to the City's Commercial Design and Development Standards, the standards apply when either new development occurs or expansion of 25% or more of the existing nonresidential building square footage occurs. All sides of a building that are visible from the public right-of-way shall be subject to design review." PASSED and APPROVED this 21st day of August, 2012. APPROVED: ATTEST: By. —L By: 06NXLD JO RD ayor SONDRA E. SMITH, City Clerk c� ®FAYETTEVILLE -5'�, ASmJo City of Fayetteville Staff Review Form City Council Agenda Items and Contracts,Leases or Agreements 8/21/2012 City Council Meeting Date Agenda Items Only Quin Thompson Q`O-W&1Development Services Submitted By ��— Department Action Required: ADM 12-4171:Administrative Item(AMEND UDC CH.166;DEVELOPMENT,523):Submitted by THE CITY OF FAYETTEVILLE PLANNING STAFF to amend the Unified Development Code(UDC)Chapter 166:Development to apply Non-Residential Design Standards to all form-based zoning districts outside of the Downtown Master Plan boundary. 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 _,t11W,?IV- ft.01.10V , Previous Ordinance or Resolution# Department Dir ctor ALJDate e w AVA Original Contract Date: Original Contract Number: City Attorney Date 08-03-12P01 :30 R C V D Finance and Internal Services Director Date Received in City Clerk's Office ,3��- Chief ofAi Date MER ` Received in Li/� Mayor's Office VWyor ate Comments: • a e eVl e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS W1 5fayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Quin Thompson, Current Planner Date: July 27, 2012 Subject: ADM 12-4171, UDC chap. 166 Non-Residential Design Standards RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance applying Non-Residential Design Standards to all form-based zoning districts outside of the Downtown Master Plan boundary. BACKGROUND Non-Residential Design Standards are currently applied to urban zoning districts that allow administrative approval. These include Community Services and Urban Thoroughfare only. City Ordinances currently do not apply non-residential design standards to properties with urban zoning districts if they are located outside the Downtown Master Plan boundary, including properties zoned NC (Neighborhood Conservation), DC (Downtown Core), MSC (Main Street Center), &DG (Downtown General). Development in the remaining form-based districts (NC, DG, MSC, DC) must comply with the DDOD, but only when the property is within the Downtown Master Plan boundary. In those instances when property outside the Downtown Master Plan boundary is zoned NC, DG, MSC, or DC, only the commercial design standards may be applied. DISCUSSION On July 23, 2012 the Planning Commission voted 9-0-0 in favor of a recommendation of approval for ADM 12- 4171, UDC Chap. 166 Non-Residential Design Standards amendment. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE §166.24 TO AMEND THE APPLICABILITY OF NON- RESIDENTIAL DESIGN STANDARDS WHEREAS, the downtown zoning districts created as part of the Downtown Master Plan have expanded outside the original Downtown Master Plan boundary; and WHEREAS, the downtown zoning districts currently have no design standards [when located outside the Downtown Master Plan boundary], 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 the Unified Development Code §164.24(B) and replaces it with the following language: "(B)Applicability. These design standards shall apply to all non-residential development located in urban or form-based zoning districts that require a build-to zone, with the exception of those districts located within the Downtown Master Plan boundary. In addition to the City's Commercial Design and Development Standards, the standards apply when either new development occurs or expansion of 25% or more of the existing nonresidential building square footage occurs. All sides of a building that are visible from the public right-of-way shall be subject to design review." PASSED and APPROVED this day of , 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk 166.24 Nonresidential Design Standards administFatiye appFoyalapply to all non- residential development located in urban or form-based zoning districts that (A) Purpose. It is the intent of these standards to require a build-to zone, with the provide the methods and means by which exception of those districts located within designers and developers may achieve the the Downtown Master Plan boundary. In City's adopted goals to produce quality addition to the City's Commercial Design and development and to manage growth within Development Standards, the standards the City of Fayetteville. These regulations apply when either new development occurs complement the City's urban zoning districts or expansion of 25% or more of the existing with site and architectural design regulations nonresidential building square footage to produce a visually interesting and high occurs. All sides of a building that are visible quality development that responds to the from the public right-of-way shall be subject needs of pedestrians, cyclists and vehicular to design review. traffic. (B) Applicability. These design standards shall Tayve le ARKANSAS PC Meeting of July 23, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 PLANNING DIVISION .CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: ha ;29 -2 Updated July 25, 2012 ADM 12-4171: Administrative Item (AMEND UDC SECTION 166.24/NON- RESIDENTIAL DESIGN STANDARDS): Submitted by CITY PLANNING STAFF. The request is to amend UDC Section 166.24 to apply Non-Residential Design Standards to non-residential developments in all form-based zoning districts located outside of the Downtown Master Plan boundary. BACKGROUND Non-Residential Design Standards are currenity applied to form-based zoining districts that allow administrative approval. These include CS and UT only. City Ordinance currently does not apply non-residential design standards to properties with urban district zoning if they are located outside the Downtown Master Plan boundary, including properties zoned NC (neighborhood conservation), DC (downtown conservation), MSC (main street center), &DG (downtown general). Development in the remaining form-based districts (NC, DG, MSC, DC) must comly with the DDOD, but only when the property is within the Downtown Master Plan boundary. In those instances when property outside the Downtown Master Plan boundary is zoned NC, DG, MSC, or DC, only the commercial design standards may be applied. PROPOSAL The change would apply Non-Residential Design Standards to development in all form- based zoning districts outside of the Downtown Master Plan boudnary.The proposed code changes are shown in ill and highlight/underline in the attached document. RECOMMENDATION Staff recommends that the Planning Commission forward ADM 12-4171 to the City Council with a recommendation for approval. Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Motion• Chesser Second• Noble Vote: 9-0-0 Meeting Date: July 23, 2012 NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTAR�SAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NFiNTSPAPERS LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION RECEIVED OCT 03 2012 I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in CITY CLERKS OFFICE Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- — - Ordinance 5519 ORDINANCE NO 5519 . .. �" AN ORDINANCE AMENDING TITLE'XV Was inserted in the Regular Editions on: UNIFIED DEVELOPMENT OODE OF THE CITY g OF.FAYEITEVICLE.§ifi6.24TO,AMEND THE APPLICABILITY OF NON-RESIDENTIAL DESIGN naKAHsns September 6, 2�12 STANDARDS WHEREAS,the downtown zoning districts created as part of the Downtown Master Plan have expanded outside the original Downtown Master Plan boundary;and Publication Char eS: 97.27 WHEREASr tfie downtown zo�mg',stncts currently have,n'd design standards g (when.iocated`outsidethe Downtown°-Master Plan boundary], NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ,OF-FAYETTEVILLE%ARKANSAS Sec#ion 1 Tfiat the City Council`of the City of Fayetteville`Arkansas hereby repeals � the Unrfled Development Code§164 24(B)and;rgplaces It with the following Ian gunge Ka4Tpe—fin!/C�aleT (B)Applicap�lity These design standaF�ls shall apply to all no residen tial deve►opment located m urban or fgrm based zoning cistncts that z require a build4d'zone;with=the exception of°those districts,located r within the Downtown Master Plan boundary In adtldion to the City's CommercialDesign ppd Deyelopmenb'Standards the standards apply , when either new development occurs-or ezparis166"of 25"%or more;of Subscribed and sworn to before me the existing nonresidential bu[lding square footage occurs All sides of., a bwiding that are visibfe from the public right-of way shall be subject This day of ( , 2012. to design review PASSED and.APPROVED this 21st.day of'August 2012; APPROVED. ATTEST ,. ill hG ��XJ.Cn/J By: Y. Notary PUb11C _ LIONELD JORDAN,iMayot" SONDRA E: MI STH,City Clark/Treasurer My Commission Expires: ?fzdzt,j�- CATHY J.WILES Benton County My Commission Expires February 20,2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent.