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HomeMy WebLinkAboutORDINANCE 6170113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6170 File Number: 2019-0180 AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS: AN ORDINANCE TO AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY THE REQUIREMENT FOR ADEQUATE SPACE AND SCREENING OF RECYCLING AND TRASH CONTAINERS IN NEW URBAN RESIDENTIAL DEVELOPMENTS WHEREAS, § 166.23(C)(5)(b) of the Unified Development Code requires screening of refuse containers and dumpsters for urban residential developments but does not address the amount of space needed inside the enclosure; and WHEREAS, it has been the practice of the Recycling and Trash Collection Division to request enough space for two front end load dumpsters; and WHEREAS, the proposed development code amendments are designed to ensure that urban residential developments, particularly multi -family developments, have the space necessary to provide recycling and trash services, which will help the City meets its diversion rate goals established in the Solid Waste Reduction, Diversion and Recycling Master Plan. 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 §166.23(C)(5) (b) regulating screening requirements for trash containers in urban residential developments and enacts anew §166.23(C)(5)(b) as follows: Page 1 Printed on 413119 Page 2 File Number: 2019-0180 Ordinance 6170 "(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Collection Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and trash containers. Large multi -family urban residential developments typically will be required to provide adequate space for the placement of two front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way." PASSED and APPROVED on 4/2/2019 Approved: Lin d Jordan, Mayor Attest: rtirrrri�r���f Sondra E. Smith, City Clerk Treas,ar ••' ■G\I Y Q,c'•;���'�,� FAYETTEVILLE:;a'- r�: e + 0 N r+ ,,tilt Page 2 Printed on 413119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0180 Agenda Date: 4/2/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS: AN ORDINANCE TO AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY THE REQUIREMENT FOR ADEQUATE SPACE AND SCREENING OF RECYCLING AND TRASH CONTAINERS IN NEW URBAN RESIDENTIAL DEVELOPMENTS WHEREAS, § 166.23(C)(5)(b) of the Unified Development Code requires screening of refuse containers and dumpsters for urban residential developments but does not address the amount of space needed inside the enclosure; and WHEREAS, it has been the practice of the Recycling and Trash Collection Division to request enough space for two front end load dumpsters; and WHEREAS, the proposed development code amendments are designed to ensure that urban residential developments, particularly multi -family developments, have the space necessary to provide recycling and trash services, which will help the City meets its diversion rate goals established in the Solid Waste Reduction, Diversion and Recycling Master Plan. 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 §166.23(C)(5)(b) regulating screening requirements for trash containers in urban residential developments and enacts a new § 166.23 (C)(5)(b) as follows: "(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Collection Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and trash City of Fayetteville, Arkansas Page 1 Printed on 41312019 File Number: 2019-0180 containers. Large multi -family urban residential developments typically will be required to provide adequate space for the placement of two front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way." City of Fayetteville, Arkansas Page 2 Printed on 41312019 City of Fayetteville Staff Review Form 2019-0180 Legistar File ID 4/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Leif Olson 3/15/2019 SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Action Recommendation: Division / Department Staff recommends approval of an ordinance amending the Unified Development Code Chapter 166: Development, Section 166.23 — Urban Residential Design Standards to clarify the development requirement for adequate space and screening of recycling and trash containers in new urban residential developments. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Fund Project Title nciiianniig uuugcL - I V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE r ARKANSAS MEETING OF APRIL 2, 2019 TO: Mayor and City Council THRU: Peter Nierengarten, Sustainability Director Jeff Coles, Recycling and Trash Director FROM: Leif Olson, Long Range Planner DATE: March 14, 2019 CITY COUNCIL MEMO SUBJECT: Ordinance to amend UDC Chapter 166: Development to specify dimensional requirements for recycling and trash container enclosures in new multi -family developments. RECOMMENDATION: Staff recommends approval of an ordinance amending the Unified Development Code Chapter 166: Development, Section 166.23 — Urban Residential Design Standards to clarify the development requirement for adequate space and screening of recycling and trash containers in new urban residential developments. BACKGROUND: In December of 2013, the City Council passed Resolution No. 260-13, which established an aspirational goal to achieve an 80% diversion rate of solid waste generated by residents and businesses within the City by January 1, 2025. In 2014, the City hired Kessler Consulting, Inc. to assist in developing a plan to achieve this goal. In February 2017, the City Council adopted an amended version of the proposed 2016 Solid Waste Reduction, Diversion and Recycling Master Plan with a waste diversion goal of 40% by the year 2027.One of the initial implementation actions identified by the adopted plan is to "Modify City building codes to require new commercial and multi -family developments to provide adequate space and access for recycling and organics recovery." Additionally, the City Council adopted an Energy Action Plan by Resolution 25-18 on January 2nd 2018. This Energy Action Plan was created to build a framework and energize action around the City of Fayetteville's efforts to be a resource and energy efficient community. The plan focuses on four sectors for reducing the community's overall greenhouse gas emissions; reductions in overall energy use, diverting waste from landfills, shifting towards clean energy production, and reducing transportation related emissions. The Energy Action Plan has the same waste diversion goal, 40% by the year 2027, as the adopted Solid Waste Reduction, Diversion and Recycling Master Plan. DISCUSSION: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The requirement for the screening of refuse containers for urban residential development is in Chapter 166.23(C)(5)(b): Trash Areas. The existing code has a screening requirement; however, it does not address the specific amount of space needed inside the enclosure. It has been the practice of the Recycling and Trash Division to ask commercial, office, mixed -use and large multi- family residential developments for the space needed to enclose two front end load dumpsters, 24' wide and 12' deep. This allows for a trash dumpster and an additional recycling dumpster. Frequently, but not in all instances, developers constructing commercial, office, mixed -use and large multi -family residential developments have been willing to provide the space needed for two dumpsters. Currently, cardboard has a consistent value in the recycling commodities market. This is primarily due to the growth of online retail that requires large quantities of cardboard for shipping products. Future Recycling and Trash Division collections endeavors may also one day include the recovery of other recyclables or food waste. The proposed development code amendments are designed to ensure that multi -family residential developments have the space necessary to provide recycling and trash services now and in the future. The Planning Commission voted unanimously 6-0-0 at their March 11, 2019 meeting to forward this item to the City Council with a recommendation for approval. BUDGET/STAFF IMPACT: None Attachments: Proposed Unified Development Code Amendments - §166.23, Urban Residential Design Standards 166.23 - Urban Residential Design Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality. (2) To create appealing street scenes so that development enhances the image of the city and provides safe, pedestrian -friendly neighborhood environments. (3) To minimize service and parking impacts in order to preserve surrounding property values and scenic resources that contribute to the city's economic development. (4) To compose attractive residential facades that enhance the economic viability of and provide compatibility with surrounding property. (B) Applicability. All references to urban residential design standards shall include the following uses as permitted by right or conditional use in all zoning districts: (1) 2-F, Two (2) family dwellings (2) 3-F, Three (3) family dwellings (3) MF, Multi -family dwellings (C) Site Development Standards. The following site development standards shall apply for all urban residential development. (1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetsca pe. (2) Vehicular Access/Circulation/Parking. (a) Site access and internal circulation should promote pedestrian safety, efficiency, and convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation shall be provided throughout the site to the greatest extent possible creating a complete, compact, and connected transportation network both within the development and to the surrounding neighborhood. The visual impact of parking areas should be minimized by locating parking behind buildings and internal to the site. (i) Garage entries and carports shall not protrude forward from the principal facade. Driveways shall extend at least 18 feet into the property from the Master Street Plan right-of-way to allow parking to occur without encroaching into the right-of-way. (ii) Parking areas should be accessed by mid -block alleys whenever possible. Developments should minimize multiple driveways and should utilize a shared access to reduce the number of vehicle conflicts at the street. (iii) On -street parallel parking may be provided on at least one(1) side of the street in front of all multi -family buildings where feasible. Each on -street parking space provided along the project frontage shall count toward the total required spaces for the development. (4) Pedestrian Circulation. (a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that is visible from the street. This entry shall connect to the public sidewalk where sidewalk exists. The entry may be shared, but must occur at a spacing of no fewer than one (1) entrance for every two (2) street level dwellings. The pedestrian connection to the street may run from the door along the facade of the building parallel to the street for a maximum of 12 feet from the door before connecting directly to the public sidewalk. (b) Urban residential projects should incorporate pedestrian connections to adjacent residential and commercial properties where sidewalks and/or trails exist and can be extended in the future. (5) Screening Requirements if Visible from the Highway/Street Right -of -Way. (a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened, except for air conditioning window units. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30 inches in height shall meet building setbacks, unless located in a utility easement. toe- lat ic--r-i4it-ref-way (b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and trash containers. Large multi -family urban residential developments typically will be required to provide adequate space for the placement of two front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way. (c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural treatment consistent with the residential architecture, or a combination of the four of sufficient height to prevent the view of the screened items from the public right-of-way. Vegetation shall be planted at a density sufficient to become view obscuring within two years from the date of planting. RECEIVED 'NAY 0 3 2019 NORTHWEST ARKANSAS CITYCITOF YCLERK'S OFFIICE Democrat 90affefte I m i-.C.i F,.;; TTi':IL' F. :51: 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 6170 Was inserted in the Regular Edition on: April 18, 2019 Publication Charges: $ 145.60 cavha'st�w Cathy Sta s Subscribed and sworn to before me This 3oday of,+e-A— , 2019. pqiT4� ' 1), W/J Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance 6170 File Number: 2019-0130 AMEND 5 166.23 URBAN RESIDENTIAL DESIGN STANDARDS: AN ORDINANCE TO AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY THE REQUIREMENT FOR ADEQUATE SPACE AND SCREENING OF RECYCLING AND TRASH CONTAINERS IN NEW UR13AN RESIDENTIAL DEVELOPMENTS WHEREAS, § 166 23(C)(5)(b) of the Unified Development Code requires screening of refuse containersand dumpsters for urban residential developments bill does not address the amount of space needed inside the enclosure, and WI IEREAS, it has been the practice of the Recycling and Trash Collection Division to request enough space for Iwo f-ont end load dumpsters; and WHEREAS, the proposed development code amendments are designed to ensure that urban residential developments, particularly nudti- family developments, have the space necessary to provide recycling and trash services, which will help (lie City mcels its diversion rate goals established in the Solid Waste Reduction, Diversion and Recycling Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals `I66,23(C)(5) (b) regulating screening requirements for trash containers in urban :requirements developmcnls and enacts a new § 166.23(C)(5)(b) as follows: '(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of recycling and trash containers in urban residential developments. (i) Urban residential developments are required to provide adequate space to provide both recycling and trash services for residents. The Recycling and Trash Collection Division Director may exercise discretion in approving the dimensional size of the required enclosure or dedicated space for servicing recycling and Irish containers. Large multi-lamily urban residential developments typically will be required to provide adequate space for the placement of two front-end load dumpsters [hit ire easily accessible with a mininunn enclosure dimension of 24 fee[ wide and 12 feel deep- (ii) Recycling and trash containers shall be screened by enclosures with materials that are complementary to the principal structure, with access to the refuse containers not visible from the public right-of-way," PASSED and APPROVED on 4/2/2019 Approved: Lioneld.lordan, Mayor AIIest Sondra E. Smith, City Clerk Treasurer 74912934 April 13, 2019