HomeMy WebLinkAboutOrdinance 5546 D0001496010002 014960140002 Type: REL
Kind: ORDINANCE
Feeorde $1220 Paae 1tof1234:11 AM
Wa hAinaton County. AR
Bette 012-00039579
Filet
ORDINANCE NO. 5546
AN ORDINANCE TO AMEND §166.05 REQUIRED INFRASTRUCTURE
IMPROVEMENTS — DEVELOPMENT IN THE PLANNING AREA AND
TO REPEAL§166.08 (I) OF THE UNIFIED DEVELOPMENT CODE OF
FAYETTEVILLE
WHEREAS, the City of Fayetteville has the statutory power to administer and enforce
planning and zoning ordinances within two miles of our city limits pursuant to A.C.A. §14-56-
414; and
WHEREAS, the City Planning Department recommends that all lots in the Planning
Area be required to have direct frontage on a public street with the minimum street frontage
required by Washington County; and
WHEREAS, the City of Fayetteville desires to make its planning regulations related to
bulk and area requirements, for parcels that allow construction match the Washington County
Quorum Court's zoning regulations.
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
§166.05 of the Unified Development Code in its entirety and enacts a replacement §166.05 as
shown below:
166.05 Required Infrastructure Improvements development outside one mile of the City limits
and Subdivision Regulations - Development shall meet Washington County standards.
In Planning Area.
(3) All lots in the Planning Area shall have direct
(A) Required Infrastructure Improvements and frontage to a public street, with the minimum
Subdivision Regulations Outside the City. frontage required by Washington County
pursuant to residential Lot and Block Standards.
(1) Within One Mile of City Limits. On and off-site (B) Developments Outside City Developed to all
improvements and subdivision regulations for Inside the City Standards. If the City Council grants
development outside the City limits and within access to the City's sewer system pursuant to
one mile of the City are the same as for those §51.115. (C) and the owner/developer agrees to
developments within the City limits, with the petition for annexation as soon as legally possible and
exception of park land dedication requirement develop the subdivision in accordance with all city
which is not required. development requirements including payment of all
(2) Beyond One Mile of City Limits. On and off- impact fees, the bulk and area requirements for this
site improvements and subdivision regulations for subdivision shall conform to those within the RSF-4
Zoning District or as otherwise designated by the City
Council rather than those within the planning area.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§166.08 (I) Residential Lots of the Unified Development Code.
PASSED and APPROVED this 4`h day of December, 2012.
APPROVED: ATTEST:
By: r— — By:
O ELD JO AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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;!A Yl.IfIVll.ii ���—
Washington County,AR
I certify this instrument was filed on
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012 jj,.3411 AM
and re i crded Real Estate
and r
File Number 2012-000 957
Bette Stamps"Circuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/4/2012
City Council Meeting Date
Agenda Items Only
Jeremy Pate Planning Development Services
Submitted By Division Department
Action Required:
ADM 12-4259 Administrative Item (UDC AMENDMENT: SUBDIVISION REGULATIONS IN THE PLANNING AREA)
Submitted by CITY PLANNING STAFF to modify the subdivision regulations in the Fayetteville Planning Area (UDC
Section 166.05 & 166.08(1))to be consistent with Washington County 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
r'_ pi Previous Ordinance or Resolution#
Department❑i ctor Date
_ - Original Contract Date:
Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City-
Clerk's Office
rf—f�ll�
Chi f of Stiff Date FttE
r Received in
Mayor's Office
ayor Date
Comments:
Revised January 15,2009
re;1i
THE CITY OF FAYETTEVILLE,ARKANSAS
T et DEPARTMENT CORRESPONDENCE
ARKANSAS
a
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff �p
From: Jeremy Pate, Development Services Director O`
Date: August 27, 2012
Subject: ADM 12-4259: UDC Amendment: Subdivision Regulations in the Planning Area
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance to modify the subdivision regulations
in the Fayetteville Planning Area (UDC Section 166.05 & 166.08 (I)) to be consistent with Washington County
requirements.
BACKGROUND
The Fayetteville Unified Development Code Section 166.08(I)(1) requires a minimum size for lots in the
Planning Area of 10,000 square feet. However, a minimum lot size of one acre (43,560 square feet) was
established by Washington County in 2006 when county-wide zoning was adopted. During the recent update of
City Plan 2030 it was identified that the City's reference to lot size in the Planning Area should be modified to
be consistent with Washington County.
The proposed code changes removes the City's out-dated reference to bulk and area requirements for lots in the
Planning Area, and clarifies development standards in the Planning Area. It should be noted that developments
in the Planning Area and within one mile of the City are more strictly regulated than developments beyond one
mile. The phrase "Subdivision Regulations" has been added to 166.05 to clarify the overall regulations for
subdivisions outside the City limits.
DISCUSSION
On November 13, 2012 the Planning Commission voted 5-0-0 in favor of a recommendation of approval for
ADM 12-4259.
BUDGET IMPACT
None.
CHAPTER 166: DEVELOPMENT
166.05 Required Infrastructure
Improvements and Subdivision
Regulations— Development in Planning
Area
(A) Required Infrastructure Improvements and ot wedth
Subdivision Regulations Outside the City. " "'
(1) Within One Mile of City Limits. On and off-
site improvements and Subdivision
Feat-Set6ask
Regulations for development outside the City
Limits and within one mile of the City are the
same as for those developments within the
City Limits as specified in UDC 166.94, with
the exception of the park land dedication
requirement,which is not required.
(2) �Ize. The 6iZ@ aAdshape 4 the lots shall
(2) Beyond One Mile of City Limits. On and off- _ _ "`
site improvements and Subdivision pait
Regulations for development outside one -
mile of the City limits shall meet Washington
qt
County standards. - -
IQt-
(3) AlF.IOng p� nr fn :A I'sl a#iatie:dii ia.61<
fibra"a.tbl k -
frs. Ui ...i
ill nt< l R ude Lot: g ild! Dick Utility GO R ..
Sfaridards. �
(B) De� Aterf ads= [y'9i10 - itoirr,fitIcfe _ _ -- _ All
ffasF-:; a[ �nof - ia�[Jltvautsall!xii�ar'ts -
aors Wthe;° itv`s:se iar_ rri n t'ta::6
51:1 f3_t ] -tFia;°:�initiiliilolrirees tr# Pursuant tn- § 51;113 (G) aAd the
t•' llrtdart- -.$is' v
00"QL Cl -Atom`
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r
S1`�1�[H:A le►i# ;: rd(( >Gt�l �1IF�Iflb7118 -
i��i�rrierrfi�:
W-& drab l lr raa t n �a - _
subdMs—ion shall conform to those within the requirements feF- thi6. shall
� rT dietti itftw4ftlelOye
plandinq-area.
afea
(Code 1965,App.A.,Art.8(11),App.C.,Art. IV;Ord. No.
1747,6-29-70; 1750, 7-6-70;Ord.No. 1999,5-7-74;Code (Code 1965, App. C., Art. IV, §§C, D, F--H; Ord. No. 1750,
1991,§§159.54, 160.120;Ord.No.3925,§6, 10-3-95;Ord. 7-6-70; Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76;
No.4100,§2(Ex.A),6-16-98;Ord.4753,9-6-05;Ord. Ord. No. 2353, 7-5-77; Code 1991, §§159.45, 159.58,
5215, 1-20-09;Ord.5270,9-1-09;Ord.5296, 12-15-09) 159.51--159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
4757, 9-6-05; Ord. 4919, 9-05-06; Ord. 5156, 8-5-08; Ord.
166.08 Street Design And Access 5296, 12-15-09)
Management Standards Cross reference(s)--Bonds and Guarantees, Ch. 158;
Variances, Ch. 156; Notification and Public Hearings, Ch.
?flise7rle � ii�e-. 1"f�s.e'ia niirf elleaelrr.ti•: r�: iytall 157.
44
is shall govern unlem
regulatiORS:
CD166:1
1 Departmental Correspondence
ARKANSASLEGAL
Kit Williams
TO: Mayor Jordan City Attorney
Ci}�, Council Jason B.Kelley
`J Assistant City Attorney
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Andrew Garner, Senior Planner— Current Planning
FROM: Kit Williams, City Attorney
DATE: November 19, 2012
RE: Proposed changes to §166.05 (A) Required Infrastructure Improvements
and Subdivision Regulations outside the City
Planning Staff has recommended two principal changes to the City's
regulations for developments, lot frontage requirements, etc. outside the city limits.
The first would be to remove the City's bulk and area regulations for building lots
in deference to Washington County regulations. The second is to require that all
lots outside the City but within the Planning Area have "direct frontage to a public
street, with the minimum frontage required by Washington County ...."
There has been use of some small and usually short private roads or
driveways in the county to service more than one lot and one house. This
regulation would prohibit such lots and require all lots to have frontage on a
"public street." Washington County might already have instituted such a new
requirement, but this is apparently a change for Unified Development Code.
Adopting this new language will have the City of Fayetteville prohibiting the
creation of new building lots and new home construction serviced by private
roads or shared driveways beyond the city limits, but within our planning
area.
Because the Planning Staff wanted to repeal our bulk and area regulations
(which were more generous and conflicting with Washington County regulations),
it needed to repeal §166.08 (I) which is done in Section 2 of the Ordinance.
Subsection (#) of §166.08 (I) dealt only with those very rare outside the city
developments that the City Council agreed to allow to use our city sewer system.
Planning staff recommends that it be moved unchanged from §166.08 (I) to
§166.05 (B).
I recommend one change to give the City Council more power and
discretion in those rare agreements to allow access to our sewer system. The
section now requires the parcels conform with RSF-4 zoning standards. I suggest
adding "or as otherwise designated by the City Council," so that you could
allow more innovative use of such land (clustering of homes, changed setbacks,
more common greenspace, etc.) than traditional RSF-4 zoning.
I have placed that authorizing language within the proposed ordinance. If
you wish to only allow RSF-4 zoning requirements, it should be removed through
amendment.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND §166.05 REQUIRED INFRASTRUCTURE
IMPROVEMENTS — DEVELOPMENT IN THE PLANNING AREA AND
TO REPEAL§166.08 (I) OF THE UNIFIED DEVELOPMENT CODE OF
FAYETTEVILLE
WHEREAS, the City of Fayetteville has the statutory power to administer and enforce
planning and zoning ordinances within two miles of our city limits pursuant to A.C.A. §14-56-
414; and
WHEREAS, the City Planning Department recommends that all lots in the Planning
Area be required to have direct frontage on a public street with the minimum street frontage
required by Washington County; and
WHEREAS, the City of Fayetteville desires to make its planning regulations related to
bulk and area requirements, for parcels that allow construction match the Washington County
Quorum Court's zoning regulations.
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
§166.05 of the Unified Development Code in its entirety and enacts a replacement §166.05 as
shown below:
166.05 Required Infrastructure Improvements
and Subdivision Regulations - Development
In Planning Area. regulations for development outside the
City limits and within one mile of the City
(A) Required Infrastructure Improvements and are the same as for those developments
Subdivision Regulations Outside the City. within the City limits,with the exception of
park land dedication requirement which
(1) Within One Mile of City Limits. On and off- is not required.
site improvements and subdivision
(2) Beyond One Mile of City Limits. On and off-
site improvements and subdivision
regulations for development outside one mile
of the City limits shall meet Washington
County standards.
(3) All lots in the Planning Area shall have direct
frontage to a public street,with the minimum
frontage required by Washington County
pursuant to residential Lot and Block
Standards.
(B) Developments Outside City Developed to all
Inside the City Standards. If the City Council
grants access to the City's sewer system
pursuant to §51.115 (C) and the
owner/developer agrees to petition for
annexation as soon as legally possible and
develop the subdivision in accordance with all
city development requirements including
payment of all impact fees, the bulk and
area requirements for this subdivision shall
conform to those within the RSF-4
Zoning District or as otherwise designated
by the City Council rather than those within
the planning area.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§166.08 (I) Residential Lots of the Unified Development Code.
PASSED and APPROVED this 4t" day of December, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
CHAPTER 166: DEVELOPMENT
166.05 Required Infrastructure
Improvements and Subdivision
Regulations—Development in Planning
Area
(A) Required Infrastructure Improvements and
Subdivision Regulations Outside the City.
(1) Within One Mile of City Limits. On and off-
site improvements and subdivision
regulations for development outside the City
limits and within one mile of the City are the
same as for those developments within the
City limits as specified in UDC 166, with the
exception of the park land dedication
requirement,which is not required.
(2) Beyond One Mile of City Limits. On and off-
site improvements and subdivision
regulations for development outside one mile
of the City limits shall meet Washington
County standards.
(3) All lots in the Planning Area shall have direct
frontage to a public street, with the minimum
frontage required by Washington County
pursuant to Residential Lot and Block
Standards.
(B) Developments Cru-tsk0oC41y Developed to all
Inside the Cillga s. If the City Council
grants access to the City's sewer system
pursuant to § 51.113 (C) and the
owner/developer agrees to petition for annexation
as soon as legally possible and develop the
subdivision in accordance with all city
development requirements including payment of
all impact fees, the bulk and area requirements
for this subdivision shall conform to those within
the RSF-4 Zoning District rather than those within
the planning area.
(Code 1965,App.A.,Art.8(11),App.C.,Art.IV;Ord.No.
1747,6-29-70;1750,7-6-70;Ord.No.1999,5-7-74;Code
1991,§§159,54,160.120;Ord.No.3925,§6, 10-3-95;Ord.
No.4100,§2(Ex.A),6-16-98;Ord.4753,9-6-05;Ord.
5215,1-20-09;Ord,5270,9-1-09;Ord.5296,12-15-09)
;—i
Tayv�e re
ARKANSAS PC Meeting of November 13, 2012
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: November-7, 2012 Updated November 15, 2012
ADM 12-4259 Administrative Item (UDC AMENDMENT: SUBDIVISION
REGULATIONS IN THE PLANNING AREA) Submitted by CITY PLANNING STAFF
to modify the subdivision regulations in the Fayetteville Planning Area (UDC Section 166.05
& 166.08 (I)) to be consistent with Washington County requirements.
Planner: Andrew Garner
BACKGROUND
The Fayetteville Unified Development Code Section 166.08(l)(1) requires a minimum size
for lots in the Planning Area of 10,000 square feet. However, a minimum lot size of one acre
(43,560 square feet) was established by Washington County in 2006 when county-wide
zoning was adopted. During the recent update of City Plan 2030 it was identified that the
City's reference to lot size in the Planning Area should be modified to be consistent with
Washington County.
PROPOSAL
The proposed code changes removes the City's out-dated reference to bulk and area
requirements for lots in the Planning Area, and clarifies development standards in the
Planning Area. It should be noted that developments in the Planning Area and within one
mile of the City are more strictly regulated than developments beyond one mile. The
proposed code changes are shown in stfikeo and highlight/underline in the attached
document. The phrase "Subdivision Regulations" has been added to clarify the overall
regulations for subdivisions outside the City limits.
RECOMMENDATION
Staff recommends that the Planning Commission forward ADM 12-4259 to the City Council
with a recommendation for approval.
Planning Commission Action: Forwarded O Denied O Tabled
Motion: Cabe
Second: Cook
Vote: 5-0-0
Meeting Date: November 13,2012
G:\ETC\Development Services Review\2012\Development Review\12-4259 ADM Subdivision
Regulations in Planning Area\03 Planning Commission\11-13-2012\Comments and Redlines