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HomeMy WebLinkAboutORDINANCE 6017113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6017 File Number: 2017-0648 AMEND §166.21 DOWNTOWN DESIGN OVERLAY DISTRICT: AN ORDINANCE TO AMEND §166.21 DOWNTOWN DESIGN OVERLAY DISTRICT BY AMENDING THE APPLICABILITY SECTION TO INCLUDE COLLEGE AVENUE OVERLAY DISTRICT AND TO ENACT § 166.26 COLLEGE AVENUE OVERLAY DISTRICT 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 §166.21(B) Applicability by adding "and College Avenue Overlay District." to the end of the first section. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts §166.26 College Avenue Overlay District as shown below: "(A) Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space while minimizing potential negative impacts of tall, single use multi -family buildings. (B) Applicability. The College Avenue Overlay District applies to parcels of land located within the boundaries of the College Avenue Overlay District. (C) General Requirements. (1) Buildings shall be constructed in accordance with the Downtown Design Overlay District Architecture Standards. (2) The maximum height of all buildings shall not exceed their zoning district's limitations or four stories, whichever is less. (3) Use Units 17 and 18 allowed in any zoning district in this Overlay District shall be moved from permitted uses to conditional uses." Page 1 Printed on 12/6/17 Ordinance: 6017 Fia 1. •7 PASSED and APPROVED on 12/5/2017 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 1216117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0648 Agenda Date: 12/5/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 AMEND §166.21 DOWNTOWN DESIGN OVERLAY DISTRICT: AN ORDINANCE TO AMEND §166.21 DOWNTOWN DESIGN OVERLAY DISTRICT BY AMENDING THE APPLICABILITY SECTION TO INCLUDE COLLEGE AVENUE OVERLAY DISTRICT AND TO ENACT §166.26 COLLEGE AVENUE OVERLAY DISTRICT 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 §166.21(B) Applicability by adding "and College Avenue Overlay District." to the end of the first section. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts §166.26 College Avenue Overlay District as shown below: "(A) Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space while minimizing potential negative impacts of tall, single use multi -family buildings. (B) Applicability. The College Avenue Overlay District applies to parcels of land located within the boundaries of the College Avenue Overlay District. (C) General Requirements. (1) Buildings shall be constructed in accordance with the Downtown Design Overlay District Architecture Standards. (2) The maximum height of all buildings shall not exceed their zoning district's limitations or four stories, whichever is less. (3) Use Units 17 and 18 allowed in any zoning district in this Overlay District shall be moved from permitted uses to conditional uses." City of Fayetteville, Arkansas Page 1 Printed on 12/6/2017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0648 Legistar File ID 11/21/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/3/2017 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: Submitted by City Staff and Planning Commission for revisions to UDC 166. The proposed code changes amend the applicability section of the Downtown Design Overlay District and enact a new College Avenue Overlay District. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Previous Ordinance or Resolution # Original Contract Number: Comments: Fund Project Title Remaining Budget $ - Approval Date: V20140710 r� CITY Or FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Garner Stoll, Development Services Director FROM: Andrew Garner, Planning Director DATE: November 3, 2017 SUBJECT: ADM 17-5939: Administrative Item (Various UDC Chapter Amendments): Submitted by City Staff and Planning Commission for revisions to UDC Chapters 151, 161, and 166. The proposed code changes would modify all zoning districts to change building height from feet to stories, and create a design overlay district along the College Avenue rezoning area between Maple and North Streets. RZN 17-5713: Rezone (College Ave. from North Street to Maple Street, 445- 446): Submitted by City Staff and Planning Commission to rezone properties along College Avenue from North Street to Maple Street. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of three ordinances to amend the Unified Development Code as depicted in the attached Exhibits `A' and `B', and rezone the subject property as shown in the attached Exhibit `C'. Staff and Planning Commission have different recommendations for the details of the proposed College Avenue design overlay district as described below. BACKGROUND: In spring of 2017, the Planning Commission considered a rezoning proposed by staff along the College Avenue corridor between Maple Street and North Street. The Planning Commission forwarded the request to the City Council. After discussion at the City Council Ordinance Review Committee during June -July, 2017, the request was forwarded back to the Planning Commission for additional consideration. The Commission set up a committee to study changes to the Unified Development Code that were not initially a part of the rezoning, but were proposed as the discussion evolved. The Planning Commission committee met four times during August - September, 2017. A copy of the meeting minutes from the City Council and Planning Commission Ordinance Review Committees are attached. Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 STAFF REQUEST: Staff requests that the City Council rezone the College Avenue corridor, and amend the Fayetteville Unified Development Code (UDC). The UDC amendments would: (1) change building height from feet to stories; and (2) create a design overlay district for most of the College Avenue rezoning area. The overlay district excludes five single family parcels that are being brought into compliance with a residential zoning with this project. The overlay district would require additional architectural design standards to encourage high quality, pedestrian -friendly buildings, and mitigate neighborhood concerns that tall, single use multi -family buildings could be built along the corridor. This proposal comprises three ordinances and separate Legistar items. The specific code changes are listed below and shown in the attached strikeout -highlight version. UDC Amendments Exhibit A' Le istar Item 2017-0646 ■ UDC Chapter 151: Definitions o Delete current definition of story o Add anew definition of story to follow current International Building Code definition o Delete definition of building height based on number of feet ■ UDC Chapter 161: Zoning Regulations o Change building height in all zoning districts from feet to stories o Change building height step -backs in all districts to refer to stories instead of feet Exhibit `8' (Leg star_ltem 2017-0648) ■ UDC Chapter 166: Development o Clarify the applicability of the Downtown Design Overlay District (DDOD) Architecture Standards o Create an Overlay District for the College Avenue area following the boundaries as shown on Exhibit `C', with the following: • Comply with DDOD Architecture Standards ■ Minimum ground floor story height of 12 feet ■ Residential use can occupy no more than three stories in a building College Avenue Rezoning Exhibit `C' — Le istar Item 2097-0650 Along with the UDC Amendments described above, the College Avenue rezoning area is recommended to be rezoned utilizing Alternative 1 proposed with RZN 17-5713 (Exhibit C). This would allow council to consider both the code changes and the rezoning at the same time. DISCUSSION AND PUBLIC COMMENT: Committee and Planning Commission This item was discussed at the October 19, 2017 Planning Commission Committee meeting. The five members present reached a consensus in favor of the proposal as written. However, Commissioner Hoffman was not present and at the October 23, 2017 Planning Commission meeting he expressed concerns with restricting residential use to three stories. Commissioner Hoffman made a motion to forward the item to City Council without that restriction. The motion was approved on an 8-0 vote. Staff continues to recommend the restriction on residential uses to ensure appropriate contextual relationship between new buildings and the existing neighborhoods. This approach mitigates neighborhood concerns that tall, single use multi -family buildings, not compatible with adjacent structures, could be built along the corridor. Public Comment To ensure that the public has ample opportunity to comment on the current proposal, staff completed re -notification of the affected and adjacent property owners before the city council meeting. At the time of publication of this report public comment on the current proposal had not been received. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A: code amendments for new height restrictions and definition of `story' • Exhibit B: o Code amendments for creation of College Avenue Overlay District o College Avenue Overlay District Boundary ■ Exhibit C: rezoning map ■ Draft meeting minutes: October 23, 2017 Planning Commission • Planning Commission Staff Report (October 23, 2017) EXHIBIT'B' I - - :. � Ni - ,�1! r ..a.• } ,•. ���—_mow. r NORTIiST — ^— LZ w Q Qr 0 Area Boundaries '• " •tr- I S' I ••��� Overlay Boundaries Proposed Zoning Districts .; • I! . RSF-4 (2.48 acres) -- «. RMF -24 (0.16 acres) per. NS -L (1.63 acres) : •=•`I NS -G (0.48 acres) BAXTER LN' I CS (8.56 acres) w............. f" - c�� UT 11.31 acres 1 - I t- k------ x o t i " ; r CLC BL1R:J Sr - �— y i t C i �- X S i- <xl_ 1 yI —.. GLEN +.• — — WING LN; PROSPECT ST PROSPECT ST ^ �� Wilso►7` �. RQSPEers a T Park' ,, ,y , J•v- fff ♦ f Jj i _ 3 -- --1 L _--+ REBECCA STT ♦fC InQ� o, I ..................... i ♦ . . LOUISEST iist M r r —. �>Ai::.......... _ • jII rte+; LL,' �] ye I OAVI[7SON ST;,OAVIDSQN 5T ---- ; r-- - 5.- . ting ILA 5T w I 8 —') i f .O 519 J r (eats#�ng) 300 150 0 300 Feet Proposed Zoning Districts and N 1 inch = 300 feet Overlay Boundaries 1 I p _ja — MAPLE ST i jos -- - 300 150 0 300 Feet Proposed Zoning Districts and N 1 inch = 300 feet Overlay Boundaries EXHIBIT'B' Page 1 of 1 ADM 17-5939 Proposed Code Changes Shown in Strikeout and Highlight 166.21- Downtown Design Overlay District (A) Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space. Downtown Fayetteville has a rich architectural history spanning many decades and styles; therefore, architecture should be respectful of the existing built environment and should strive to enhance the public realm. A strong emphasis shall be placed upon designing and implementing sustainable and green architecture practices. (B) Applicability . The Downtown Design Overlay District applies to parcels of land located within the boundaries of the Downtown Design Overlay District and College Avenue Overlay District. The Downtown Design Overlay District Architecture Standards are applicable in the following instances: 166.26 — College Avenue Overlay District (A Purpose The intent of this ordinance is to encourage good architectural form through the use of guality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space while minimizing potential negative impacts of tall single use multi -family buildin s. (B) Applicability The College Avenue Overlay District applies to parcels of land located within the boundaries of the College Avenue Overlay District. (C) General Requirements. 1 Suildin s shall be constructed in accordance with the Downtown Design Overlay District Architecture Standards. 2 The ground floor of any building shall have a minimum story hei ht of 12 feet. (3) Residential use can occupy no more than three stories in_a i�uildin . Page 1 NoRTHWESTARKANsm Democrat IF 0azette AFFIDAVIT OF PUBLICATION RECE�j,/F., CITY CF - I = I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6017 Was inserted in the Regular Edition on: December 14, 2017 Publication Charges: $ 105.30 6 Karen Caler Subscribed and sworn to before me This_�g day of 'j),tc-, 2017. ( W Notary Public My Commission Expires: azo(Z CATHY WILES "rkansas - Benton Cot!nty Notary Public _ 06,mm,* 12397118 ­�"y COMmissio , Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6017 File Number: 2017-0648 AMEND §166.21 DOWNTOWN DESIGN OVERLAY DISTRICT: AN ORDINANCE TO AMEND § 166.21 DOWNTOWN DESIGN OVERLAY DISTRICT BY AMENDING THE APPLICABILITY SECTION TO INCLUDE COLLEGE AVENUE OVERLAY DISTRICT AND TO ENACT §166.26 COLLEGE AVENUE OVERLAY DISTRICT 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 §166.21(B) Applicability by adding "and College Avenue Overlay District." to the end of the first section. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts §166.26 College Avenue Overlay District as shown below: "(A) Purpose. The intent of this ordinance is to encourage good architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space while minimizing potential negative impacts of tall, single use multi -family buildings. (B) Applicability. The College Avenue Overlay District applies to parcels of land located within the boundaries of the College Avenue Overlay District. (C) General Requirements. (1) Buildings shall be constructed in accordance with the Downtown Design Overlay District Architecture Standards. (2) The maximum height of all buildings shall not exceed their zoning district's limitations or four stories, whichever is less. (3) Use Units 17 and 18 allowed in any zoning district in this Overlay District shall be moved from permitted uses to conditional uses." PASSED and APPROVED on 12/5/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74371451 Dec. 14, 2017