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Home My WebLink AboutORDINANCE 6179113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6179 File Number: 2019-0230 AMEND 166.08 ACCESS MANAGEMENT: AN ORDINANCE TO AMEND § 166.08(G) NON -CONFORMING ACCESS FEATURES TO REQUIRE ACCESS MANAGEMENT IMPROVEMENTS UPON EXPANSION OR IMPROVEMENTS COSTING GREATER THAN 50% OF THE MARKET VALUE OF A PROPERTY RATHER THAN THE ASSESSED VALUE WHEREAS, requirements for redevelopers of existing buildings, shopping centers, etc. to better conform with access management regulations by altering driveways, parking lots, etc. should be primarily based upon the increased impact upon the City's street infrastructure needs or the redeveloper's request for new or different street access; and _ WHEREAS, the Unified Development Code currently requires alteration of existing non -conforming access points when the cost of improvements to the property are greater than 50% of the assessed value of the property, which is only 20% of the actual market value of the property as established by the Washington County Assessor's Office, meaning that alterations to non -conforming driveways could be - required even if the cost of a renovation is only 10% of the property's fair market value; and WHEREAS, City staff recommends that the threshold for such required improvements be raised to 50% of the market value of the property. _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETEVILLE, ARKANSAS- Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 166.08(G) of the Unified Development Code by repealing subsection (1)(b) and enacting a Page 1 Printed on 4117119 Fite Number: 2019-0230 Ordinance 6179 replacement (1)(b) as follows: "(b) Upon expansion or improvements greater than 50% of the property's appraised or market value as established by the Washington County Assessor; or" PASSED and APPROVED on 4/16/2019 Page 2 Attest: LI-Z-C� Sondra E. Smith, City Clerk rre0*+�1.rj�j • . CJ • • try �. FAYETTEViLLE, M: . y h'q �ls . �• . •f�rfi�C �O N �1 Printed an 4l17/19 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0230 Agenda hate: 4/16/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 14 AMEND 166.08 ACCESS MANAGEMENT: AN ORDINANCE TO AMEND § 166.08(G) NON -CONFORMING ACCESS FEATURES TO REQUIRE ACCESS MANAGEMENT IMPROVEMENTS UPON EXPANSION OR IMPROVEMENTS COSTING GREATER THAN 50% OF THE MARKET VALUE OF A PROPERTY RATHER THAN THE ASSESSED VALUE WHEREAS, requirements for redevelopers of existing buildings, shopping centers, etc. to better conform with access management regulations by altering driveways, parking lots, etc. should be primarily based upon the increased impact upon the City's street infrastructure needs or the redeveloper's request for new or different street access; and WHEREAS, the Unified Development Code currently requires alteration of existing non -conforming access points when the cost of improvements to the property are greater than 50% of the assessed value of the property, which is only 20% of the actual market value of the property as established by the Washington County Assessor's Office, meaning that alterations to non -conforming driveways could be required even if the cost of a renovation*is only 10°% of the property's fair market value; and WHEREAS, City staff recommends that the threshold for such required improvements be raised to 50°% of the market value of the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 166.08(G) of the Unified Development Code by repealing subsection (1)(b) and enacting a replacement (1)(b) as follows: "(b) Upon expansion or improvements greater than 50% of the property's appraised or market value as established by the Washington County Assessor; or" City of Fayetteville, Arkansas Page 1 Printed on 411712019 Added at the 4-9/19 Agenda Session Garner Stoll City of Fayetteville Staff Review Form 2019-0230 Legistar File ID 4/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item UAIM M DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: 2019-0230 Administrative Item (Amend UDC chapter 166. Access Management): Submitted by the Development Services Department for revisions to UDC Chapter 166. The proposed code changes would modify the nonconforming access features subsection. L • • , Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: rqR 11 MI Previous Ordinance or Resolution # Approval Date: V20180321 CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Garner Stoll, Development Services Director Blake Pennington, Assistant City Attorney DATE: April 9, 2018 SUBJECT: 2019-0230 Administrative Item (Amend UDC chapter 166: Access Management): Submitted by the Development Services Department for revisions to UDC Chapter 166. The proposed code changes would modify the nonconforming access features subsection. RECOMMENDATION: Staff recommends approval of a text amendment to 166.08 (G) (b) of the Unified Development. Code to change the threshold for determining when non -conforming access features must be brought into conformance with current access standards. BACKGROUND: Presently the code requires retrofitting to current access standards when the proposed improvements equal 10% percent or greater of the market value of the property as determined by the County Assessor. This amendment proposes to change that threshold to 50% of the assessed property's appraised or market value as established by the Washington County Assessor. This low threshold does not meet typical "proportionality" tests and has resulted in frequent and unnecessary requests to the Planning Commission for variances. While the Planning Commission typically granted these requests, this extremely low threshold creates delays and uncertainty and discourages highly desirable investment and redevelopment of existing buildings. A recent example is the proposed renovation of the Chancellor Hotel. Building and Safety is reviewing a building permit to allow a 3-million-dollar renovation of the existing hotel. The building permit cannot be granted without a variance because the renovation exceeds 10% of the assessed value of the building and the access to the street for their guest drop-off lanes doesn't meet current access management standards. DISCUSSION: This proposed code change has not been presented to the Planning Commission or other appointed body. BUDGET/STAFF IMPACT: None Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 166.08 - Street Design And Access Management Standards (G) Non -Conforming Access Features. (1) Existing. Permitted access connections in place on the date of the adoption of this ordinance that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with the applicable standards under the following conditions: (a) When new access connection permits are requested; (b) Upon expansion or improvements greater than 50% of the assessed -property's aopraised or market -value as established by the Washington County Assessor velumei (c) As roadway improvements allow. RECEIVED oRTHwEsT A, ; ♦ Democrat AAzettle P.O. BOX 1607, FAYETTEVILLE, AR, 72702.479-442-1700 - FAX: 47"95-1118 - WWWANWAOG.COM AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 6179 Was inserted in the Regular Edition on: April 25, 2019 Publication Charges: $ 117.00 Subscribed and sworn to before me This day of �, 2019.. Notary Public My Commission Expires: CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6179 File Number: 2019.023D AMEN13 166.08 ACCESS MANAGEMENT: AN ORDINANC17 TO AMEND $ 166.08(G) NON -CONFORMING ACCESS FEATURES TO REQUIRE ACCESS MANAGEMENT IMPROVEMENTS UPON EXPANSION OR IMPROVEMENTS COSTING GREATER THAN 50%OF TIIE MARKET VALUE OF A PROPERTY RATHER THAN THE ASSESSED VALUE WHEREAS, requirements for redevelopers of '...existing buildings, shopping centers, etc. to better conform with access management regulations by alrering driveways, Parking lots, etc. should be primarily based upon the increased impact upon the City's street infrastructure needs or the redevetopces request for new or different street access; and WHEREAS, the Unified Development Code currently requires alteration of existing non- eonronning access points when the cost of improvements to the property are greater than 50%of the assessed value of the property, which is only 20% of the actual market value of the iproperty as established by the Washington County Assessor's Office, meaning that alterations to non-eonrorming driveways could be required even if the cost of a renovation is only 10%of the property's fair market value; and WHEREAS. City staff recommends that the threshold for such required improvements be raised to 50% of the market value of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF FAYETEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 166.08(G) of the Unified Development Code by repeating subsection (1)(b) and enacting a replacement (1)(b) as follows: "(b) Upon expansion or improvements greater than 50%of the propeny's appraised or market value as established by the Washington County Assessor; or" PASSED and APPROVED on 4/16/2019 '....Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74919476 Apr. 25, 2019