HomeMy WebLinkAboutOrdinance 5680ORDINANCE NO. 5680
AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT AND § 172.04 (F)
PARKING LOT DESIGN STANDARDS OF THE UNIFIED
DEVELOPMENT CODE TO CLARIFY THAT VARIANCES OF § 172.04 (F)
PARKING LOT DESIGN STANDARDS MAY BE REQUESTED
WHEREAS, § 172.04 (F)(c) speaks of a waiver of Parking Lot Design Standards when a
variance from such standards is preferable.
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
156.03 (A) in its entirety and enacts a new § 156.03 (A) as shown below:
"156.03 Development, Parking and Loading
Certain variances of the development, parking and loading regulations may be
applied as follows:
(A) General requirements.
(1) Undue hardship. If the provisions of Development, Chapter 166, or
Parking and Loading, Chapter 172 are shown by the developer to cause
undue hardship as they apply to this proposed development (including, but
not limited to financial, environmental, or regulatory) and that the
situation is unique to the subject property, the City Planning Commission
may grant a variance, on a temporary or permanent basis, to the
development from such provision, so that substantial justice may be done
and the public interest secured; provided that the variation will not have
the effect of nullifying the intent and purpose of the development or
parking and loading regulations. No variance shall be granted for any
property which does not have access to an improved street."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §
172.04 by repealing § 172.04 (F)(c) Waivers.
PASSED and APPROVED this 15' day of April, 2014.
APPROVED: ATTEST:
W.
Page 2
Ordinance No. 5680
By:
SONDRA E. SMITH, City Clerk/Tr`����}
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Andrew Garner
Submitted By
City of Fayetteville Item Review Form
2014-0153
Legistar File Number
04/15/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
ADM 14-4652 Administrative Item (UDC AMENDMENT CHAPTER 156 VARIANCES): Submitted by
CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 156 and 172.
The proposal is to clarify that variances of Chapter 172: Parking and Loading may be requested.
Does this item have a cost? ]�j❑
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CITY OF
Te.
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ARKANSAS
MEETING OF APRIL 15, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Andrew Garner, City Planning Director
DATE: March 25, 2014
SUBJECT: ADM 14-4652 Administrative Item (UDC AMENDMENT CHAPTER 156
VARIANCES): Submitted by CITY PLANNING STAFF for revisions to the Unified
Development Code, Chapters 156 and 172. The proposal is to clarify that
variances of Chapter 172: Parking and Loading may be requested.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to clarify that variances
of Chapter 172: Parking and Loading may be requested.
BACKGROUND:
Variances of the Unified Development Code are only permitted if they are specified in the code.
There are certain individual sections of Chapter 172: Parking and Loading that discuss that the
code may be varied or modified through a variance or conditional use process. However, much
of Chapter 172 does not provide the option for variances, and it is unclear which portions of may
be varied.
Staff proposes to modify Chapter 156: Variances to make it clear that variances of Chapter 172
are permitted. Chapter 156 is proposed to refer to Chapter 172 in the same code subsection as
general development variances (Chapter 166). In addition an isolated reference in Chapter 172
referring to parking design waivers is being removed. The proposed code changes are identified
in highlight and underline.
DISCUSSION:
On March 24, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 6-0-0.
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed code changes to UDC Chapters 156: Variances and 172: Parking and Loading
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
y—IS-141 at a� 044"c' -e-1
ORDINANCE NO.
AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT AND § 172.04 (F)
PARKING LOT DESIGN STANDARDS OF THE UNIFIED
DEVELOPMENT CODE TO CLARIFY THAT VARIANCES OF § 172.04 (F)
PARKING LOT DESIGN STANDARDS MAY BE REQUESTED
WHEREAS, § 172.04 (F)(c) speaks of a waiver of Parking Lot Design Standards when a
variance from such standards is preferable.
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 §
156.03 (A) in its entirety and enacts a new § 156.03 (A) as shown below:
"156.03 Development, Parking and Loading
Certain variances of the development, parking and loading regulations may be
applied as follows:
(A) General requirements.
(1) Undue hardship. If the provisions of Development, Chapter 166, or
Parking and Loading, Chapter 172 are shown by the developer to cause
undue hardship as they apply to this proposed development (including, but
not limited to financial, environmental, or regulatory) and that the
situation is unique to the subject property, the City Planning Commission
may grant a variance, on a temporary or permanent basis, to the
development from such provision, so that substantial justice may be done
and the public interest secured; provided that the variation will not have
the effect of nullifying the intent and purpose of the development or
parking and loading regulations. No variance shall be granted for any
property which does not have access to an improved street."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §
172.04 by repealing § 172.04 (F)(c) Waivers.
PASSED and APPROVED this 15`x' day of April, 2014.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
C
Page 2
Ot-dinance No.
SONDRA E. SMITH, City Clerk/Treasurer
CHAPTER 156: VARIANCES
156.03 Development, Parking and
Loading
Certain variances of the development and parking
regulations may be applied for as follows:
(A) General requirements.
(1) Undue hardship. If the provisions of
Development, Chapter 166, or Parking and
Loading. Chapter 172 are shown by the
developer to cause undue hardship as they
apply to this proposed development
(including, but not limited to financial,
environmental, or regulatory) and that the
situation is unique to the subject property,
the city Planning Commission may grant a
variance, on a temporary or permanent
basis, to the development from such
provision, so that substantial justice may be
done and the public interest secured;
provided that the variation will not have the
effect of nullifying the intent and purpose of
the development regulations. No variance
shall be granted for any property which does
not have access to an improved street.
(2) Conditions and safeguards. In granting
variances, the Planning Commission may
prescribe appropriate conditions and
safeguards to secure substantially the
objectives of the standards or requirements
so varied.
CD156:1
Fayetteville Code of Ordinances
CHAPTER 172: PARKING AND
LOADING
fop 40"FSUMeGt
172.04 Parking Lot Design Standards
(F) Parking Lot Circulation.
(4) Entrances and internal aisle design for
parking lots containing 9 or more parking
spaces. The driveway width into parking lots
shall meet the following requirements:
(a) Entrances.
(i) One-way access to parking lots. If
the driveway is a one-way in or
one-way out, then the driveway
width shall be a minimum of 12 feet
and a maximum of 16 feet.
(ii) Two-way access to parking lots.
For two way access, the driveway
width shall be a minimum 20 feet
and a maximum width of 24 feet,
unless otherwise required by the
Fire Department.
(iii) Collector and Arterial Streets.
Driveways that enter collector and
arterial streets may be required to
have two outbound lanes (one for
each turning direction) and one
inbound lane for a maximum total
driveway width of 39 feet.
(iv) Curb radius. All driveways serving
9 or more parking spaces shall
have a curb radius of 15 feet for
curb cuts on local streets and a
curb cut radius of 20 feet for
collector, minor arterial and arterial
streets.
(b) Intemal aisle design.
(i) Aisles shall be designed so that
they intersect at 90 degrees with
other aisles and driveways where
practical.
(ii) Aisles shall be designed to
discourage cut -through traffic by
use of landscape islands, and shall
meet the requirements of Chapter
177: Landscape Regulations.
(iii) Aisles shall conform to the
dimensional requirements of
§ 172.04(C).
C D 156:2
ORDINANCE NO.
AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT AND § 172.04 (F)
PARKING ' LOT DESIGN STANDARDS OF THE UNIFIED
DEVELOPMENT CODE TO CLARIFY THAT VARIANCES OF § 172.04 (F)
PARKING LOT DESIGN STANDARDS MAY BE REQUESTED
WHEREAS, § 172.04 (F)(c) speaks of a waiver of Parking Lot Design Standards when a
variance from such standards is preferable.
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 §
156.03 (A) in its entirety and enacts a new § 156.03 (A) as shown below:
"156.03 Development, Parking and Loading
Certain variances of the development, parking and loading regulations may be
applied as follows:
(A) General requirements.
(1) Undue hardship. If the provisions of Development, Chapter 166, or
Parking and Loading, Chapter 172 are shown by the developer to cause
undue hardship as they apply to this proposed development (including, but
not limited to financial, environmental, or regulatory) and that the
situation is unique to the subject property, the City Planning Commission
may grant a variance, on a temporary or permanent basis, to the
development from such provision, variation will not have the effect of
nullifying the intent and purpose of the development regulations. No
variance shall be granted for any property which does not have access to
an improved street."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
172.04 by repealing § 172.04 (F)(c) Waivers.
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Ordinance 5680
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