HomeMy WebLinkAboutORDINANCE 6207113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6207
File Number: 2019-0359
AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT
STANDARDS:
AN ORDINANCE TO AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS
MANAGEMENT STANDARDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
MODIFY THE APPLICABILITY, ACCESS MANAGEMENT, AND NONCONFORMING ACCESS
FEATURES REGULATIONS TO REMOVE BARRIERS THAT DISCOURAGE RENOVATION AND
IMPROVEMENT OF EXISTING STRUCTURES
WHEREAS, certain access management regulations in the Unified Development Code are too strict and
discourage renovations and improvements of existing structures.
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 §166.08(C) and
enacts a replacement §166.08(C) as follows:
"Applicability. The standards set forth herein shall apply to land which is proposed to be developed with
new primary structures and all other developments where the creation of public streets are required, or
proposed, or in which new or existing access is created or modified; or developments or expansions
containing non -conforming access features which meet the thresholds set forth in subsection (G)."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §166.08(F)(4) and
enacts a replacement § 166.08(F)(4) as follows:
Page 1 Printed on 7/17/19
File Number: 2019-0359
Ordinance 6207
"Reduction in separation distance. In order to protect the ingress and egress access rights to a street
of an abutting property owner, the City Engineer may reduce the separation distance of existing and proposed
access points where strict compliance proves impractical, provided that joint access driveways and cross
access easements are provided wherever feasible, and the ingress/egress curb cut is placed at the safest
functional location along the property."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby strikes "or improvements"
from §166.08(G)(1)(b).
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new §166.08(G)
(1)(d), which will add a condition requiring an existing nonconforming access feature to be brought into
compliance, as follows:
"(d) With development of a new primary structure on the property."
PASSED and APPROVED on 7/16/2019
Attest:
I'a"', � 4,�-1
Sondra E. Smith, City Clerk Treasurer ```%J1 ERr111"., �
.`v`.• CITY'•�Fy'%
cvn : yAY��FV m'
s
•
'*,; 111111111110
Page 2 Printed on 7/17/19
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
�J Text File
File Number: 2019-0359
Agenda Date: 7/16/2019 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C. 3
AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS:
AN ORDINANCE TO AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS
MANAGEMENT STANDARDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
MODIFY THE APPLICABILITY, ACCESS MANAGEMENT, AND NONCONFORMING ACCESS
FEATURES REGULATIONS TO REMOVE BARRIERS THAT DISCOURAGE RENOVATION AND
IMPROVEMENT OF EXISTING STRUCTURES
WHEREAS, certain access management regulations in the Unified Development Code are too strict and
discourage renovations and improvements of existing structures.
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 §166.08(C) and enacts a
replacement § 166.08(C) as follows:
"Applicability. The standards set forth herein shall apply to land which is proposed to be developed with new
primary structures and all other developments where the creation of public streets are required, or proposed, or
in which new or existing access is created or modified; or developments or expansions containing
non -conforming access features which meet the thresholds set forth in subsection (G)."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §166.08(F)(4) and enacts
a replacement § 166.08(F)(4) as follows:
"Reduction in separation distance. In order to protect the ingress and egress access rights to a street of an
abutting property owner, the City Engineer may reduce the separation distance of existing and proposed access
points where strict compliance proves impractical, provided that joint access driveways and cross access
easements are provided wherever feasible, and the ingress/egress curb cut is placed at the safest functional
location along the property."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby strikes "or improvements" from
§1 66.08(G)(1)(b).
City of Fayetteville, Arkansas Paye 1 Printed on 7117/2019
File Number.' 2019-0359
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 166.08(G)(1)(d),
which will add a condition requiring an existing nonconforming access feature to be brought into compliance, as
follows:
"(d) With development of a new primary structure on the property."
City of Fayetteville, Arkansas Page 2 Printed on 711712019
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2019-0359
Legistar File ID
7/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/9/2019 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
19-6724 Administrative Item (Amend UDC chapter 166.08: Access Management): Submitted by the Development
Services Department for revisions to UDC Chapter 166. The proposed code changes would modify the applicability,
access management, and nonconforming access features subsections.
Budget Impact:
Account Number
Project Number
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:
Comments:
Fund
Project Title
�$ -�
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 16, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL AGENDA MEMO
FROM: Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
DATE: June 10, 2018
SUBJECT: 19-6724 Administrative Item (Amend UDC chapter 166.08: Access
Management): Submitted by the Development Services Department for revisions
to UDC Chapter 166. The proposed code changes would modify the applicability,
access management, and nonconforming access features subsections.
RECOMMENDATION:
Staff recommends approval of a text amendment to 166.08 (Access Management) of the Unified
Development. Code to modify the applicability, access management, and nonconforming access
features subsections.
BACKGROUND:
Over the last several years, the City has heard from property owners, developers, staff, Planning
Commission, and City Council, that the access management portion of the Unified Development
Code is too strict and discourages renovation and improvements to existing structures. The code
is written such that existing curb cuts that cannot be brought into compliance must go through a
Planning Commission variance process. This results in unnecessary delays in many cases
because there is no feasible alternative to the existing curb cuts, and the variance must be
approved because of a legal right of a property to access adjacent streets. In the last year, the
Planning Commission has started putting most of the access management variances on their
consent agenda.
DISCUSSION:
The City Planning Division has drafted code changes to clarify that the access management code
applies to new primary structures and expansions to existing structures; it does not apply to
renovations. The proposed code changes also allow the City Engineer to approve a curb cut
separation of less than the minimum, provided that joint access driveways and cross access
easements are provided wherever feasible, and that the curb cut is at the safest functional
location. This technical determination is most appropriately made by the City Engineer and avoids
the delay of a Planning Commission variance that must be approved to allow a property owner
access rights to an adjacent public street. This proposed code change has not been presented to
the Planning Commission or other appointed body.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Request: Staff requests that the City Council amend Fayetteville Unified Development Code
Chapter 166.08 Access Management. The code changes are generally described above and
shown in the attached strikeout -highlight and clean versions of the code.
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed code changes shown in strikeout and clean version
ADM 19-6724 Code Changes Shown in Strikeout -highlight
166.08 - Street Design And Access
proven traffic calming design
Management Standards
principles.
(5) Street Standards. All street
(A) Intent. These standards are intended to
requirements shall be met as set forth
ensure that development is designed to be
in the City of Fayetteville Master Street
inherently safe, walkable, and efficient for
Plan and adopted minimum street
the facilitation of traffic and pedestrian
standards.
movements.
(E) Block Layout/Connectivity.
(B) Fitness for Development. Based on
(1) Block Length. Block lengths and
topographic maps, soil surveys prepared by
the Department of Agriculture and drainage
street intersections are directly tied to
information from the Future Land Use Plan
the functional hierarchy of the street
and the Hillside/Hilltop Overlay District, the
pattern that exists or is proposed.
Planning Commission may require that
(a) Principal and Minor Arterial
steep grades, unstable soil and flood plains
Streets. Signalized intersections
be set aside and not subdivided until
should be located at a minimum
corrections are made to protect life, health,
of one every 2,640 feet (half a
and property.
mile) along principal and minor
(C) Applicability. The standards set forth
arterials and should be based on
herein shall apply to land which is proposed
traffic warrants.
to be developed with new primary
(b) Collectors. Intersections should
structures er— redevelop edI and all other
be located at a minimum of one
development where the creation of public
every 1,320 feet (quarter of a
streets are required, or proposed, or in
mile) along collector streets.
which new or existing access is created or
modified; or developments or expansions
(c) Local and Residential.
containing `non -conforming access features
Intersections shall occur at a
occur
which meet ` the thresholds set forth in
minimum of one every feet.
subsection (G).
(d) Variances. Block length
(D) Street Design Principles.
standards may be varied by the
Planning Commission when
(1) Extensions. All street extensions shall
terrain, topographical features,
be constructed to minimum street
existing barriers or streets, size or
standards. Street extension stub -outs
shape of the lot, or other unusual
to adjacent properties are required to
conditions justify a departure.
meet block layout/connectivity
standards unless existing development
(2) With the exception of corner lots,
or physical barriers prohibit such.
double -street frontage lots are
prohibited except where such lots front
(2) Substandard Widths. Developments
on access restricted or discouraged
that adjoin existing streets shall
roadways such as expressways or
dedicate additional right-of-way to
arterials. Alleys are not considered as
meet the Master Street Plan.
frontage. Double frontage lots may
(3) Street Names. Names of streets shall
also be permitted by the Planning
be consistent with natural alignment
Commission for topographical
and extensions of existing streets, and
problems, feasibility issues relating to
new street names shall not duplicate
the parcel's dimensions, or other good
or be similar to existing street names.
cause which must be established and
Developers shall coordinate the
proven by the developer. The Planning
naming of new streets through the GIS
Commission may impose additional
Office during the plat review process.
landscape requirements along the
back of such double -frontage lots.
(4) Pedestrian. Pedestrian -vehicular
conflict points should be controlled
(3) Connectivity. Wherever a proposed
through signalized intersections and
development abuts undeveloped land,
ADM 19-6724 Code Changes Shown in Strikeout -highlight
street stub -outs shall be provided as
a minimum of 5 feet from the adjoining
deemed necessary by the Planning
property line, unless shared.
Commission to abutting properties or
to logically extend the street system.
(2) Separation for two (2) family, three (3)
family, multi -family and nonresidential
(4) Topography. Local streets should be
development.
designed to relate to the existing
topography and minimize the
(a) Principal and Minor Arterial
disturbance zone.
Streets. Where a street with a
lower functional classification
(5) Dead -End Streets. Dead end streets
exists that can be accessed, curb
are discouraged and should only be
cuts shall access onto those
used in situations where they are
streets. When necessary, curb
needed for design and development
cuts along arterial streets shall be
efficiency, reduction of necessary
shared between two (2) or more
street paving, or where proximity to
lots. Where a curb cut must
floodplains, creeks, difficult topography
access the arterial street, it shall
or existing barriers warrant their use.
be located a minimum of 250 feet
All dead end streets shall end in a cul-
from an intersection or driveway.
de -sac with a radius of 50 feet, or an
alternative design approved by the city
(b) Collector Streets. Curb cuts shall
and the Fire Department. The
be located a minimum of 100 feet
maximum length of a dead end street
from an intersection or driveway.
(without a street stub -out) shall be 500
When necessary, curb cuts along
feet.
collector streets shall be shared
between two or more lots.
(F) Access Management. Safe and adequate
vehicular, bicycle, and pedestrian access
(c) Local and Residential Streets.
shall be provided to all parcels. Local
Curb cuts shall be located a
streets and driveways shall not detract from
minimum of 50 feet from an
the safety and efficiency of bordering
intersection or driveway. In no
arterial routes. Property that fronts onto
case shall a curb cut be located
more than one public street shall place a
within the radius return of an
higher priority on accessing the street with
adjacent curb cut or intersection.
the lowest functional classification, ex. local
(3) Separation for Single -Family Homes.
and collector. In a case where the streets
have the same classification, access shall
(a) For all street classifications, curb
be from the lower volume street, or as
cuts shall be located a minimum
determined by the City Engineer.
of 10 feet from another driveway.
Driveways serving corner lots
(1) Curb Cut Separation. For purposes of
shall be located as far from the
determining curb cut or street access
street intersection as possible
separation, the separation distance
while still meeting a 5 -foot
shall be measured along the curb line
separation from an adjoining
from the edge of curb cut to the edge
property line. In no case shall a
of curb cut/intersection. The
curb cut be located within the
measurement begins at the point
radius of an adjacent curb cut or
where the curb cut and intersecting
street intersection.
street create a right angle, i.e., the
intersection of lines drawn from the
(b) Arterial and Collector Streets.
face -of -curb to face -of -curb. The
Individual curb cuts for along
measurement ends at the point along
arterial and collector streets shall
the street where the closest curb cut or
be discouraged. When necessary,
street intersection occurs; again,
curb cuts along arterial and
measured to the point where the curb
collector streets shall be shared
cut or intersecting streets create a
between two (2) or more lots.
right angle at the intersection of face-
(4) VarianGe Reduction in separation
of -curb. In all cases curb cuts shall be
distance. In order to protect the
ADM 19-6724 Code Changes Shown in Strikeout -highlight
ingress and egress access rights to a
street of an abutting property owner,
the City Engineer may reduce the
separation distance of existing and
proposed access points where strict
compliance proves impractical,
provided that joint access driveways
and cross access easements are
provided wherever feasible, and the
ingress/egress curb cut is placed at
the safest functional location along the
property. a variance to the Gurb-Gut
minimums shall be granted by the
ingress/egresr GHrb Gut at the safest
Such -A cut may be required to be
shaFed with an adjoining parGel if
arterial OF G0lleGtGF of provides
sur_,„h short frontage along m� r
street that thefe Fs ae safe
ip;essiegFess functional location on
that street the Planning Gemmissinn
r ay--4eny-4he--our-belt-ems�y-Eimit
rh Hrh Ut to
(5) Speed. All streets should be designed
to discourage excessive speeds.
(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 er
iepFeveregreater than 50%
of the property's appraised or
market value as established by
the Washington County Assessor.
(c) As roadway improvements allow;
(d) With development of a new
primary structure on the property.
(H) Easements. Utility and drainage
easements shall be located along lot lines
and/or street right-of-way where necessary
to provide for utility lines and drainage. The
Planning Commission may require larger
easements for major utility lines, unusual
terrain or drainage problems.
ADM 19-6724 Clean Version of Code Changes
166.08 - Street Design And Access
proven traffic calming design
Management Standards
principles.
(5) Street Standards. All street
(A) Intent. These standards are intended to
requirements shall be met as set forth
ensure that development is designed to be
in the City of Fayetteville Master Street
inherently safe, walkable, and efficient for
Plan and adopted minimum street
the facilitation of traffic and pedestrian
standards.
movements.
(E) Block Layout/Connectivity.
(B) Fitness for Development. Based on
(1) Block Length. Block lengths and
topographic maps, soil surveys prepared by
the Department of Agriculture and drainage
street intersections are directly tied to
information from the Future Land Use Plan
the functional hierarchy of the street
and the Hillside/Hilltop Overlay District, the
pattern that exists or is proposed.
Planning Commission may require that
(a) Principal and Minor Arterial
steep grades, unstable soil and flood plains
Streets. Signalized intersections
be set aside and not subdivided until
should be located at a minimum
corrections are made to protect life, health,
of one every 2,640 feet (half a
and property.
mile) along principal and minor
(C) Applicability. The standards set forth
arterials and should be based on
herein shall apply to land which is proposed
traffic warrants.
to be developed with new primary
(b) Collectors. Intersections should
structures and all other development where
be located at a minimum of one
the creation of public streets are required,
every 1,320 feet (quarter of a
or proposed, or in which new or existing
mile) along collector streets.
access is created or modified; or
(c) Local and Residential.
developments or expansions containing
Intersections shall occur at a
occur
non -conforming access features which
minimum of one every feet.
meet the thresholds set forth in subsection
(G).
(d) Variances. Block length
(D) Street Design Principles.
standards may be varied by the
Planning Commission when
(1) Extensions. All street extensions shall
terrain, topographical features,
be constructed to minimum street
existing barriers or streets, size or
standards. Street extension stub -outs
shape of the lot, or other unusual
to adjacent properties are required to
conditions justify a departure.
meet block layout/connectivity
standards unless existing development
(2) With the exception of corner lots,
or physical barriers prohibit such.
double -street frontage lots are
prohibited except where such lots front
(2) Substandard Widths. Developments
on access restricted or discouraged
that adjoin existing streets shall
roadways such as expressways or
dedicate additional right-of-way to
arterials. Alleys are not considered as
meet the Master Street Plan.
frontage. Double frontage lots may
(3) Street Names. Names of streets shall
also be permitted by the Planning
be consistent with natural alignment
Commission for topographical
and extensions of existing streets, and
problems, feasibility issues relating to
new street names shall not duplicate
the parcel's dimensions, or other good
or be similar to existing street names.
cause which must be established and
Developers shall coordinate the
proven by the developer. The Planning
naming of new streets through the GIS
Commission may impose additional
Office during the plat review process.
landscape requirements along the
back of such double -frontage lots.
(4) Pedestrian. Pedestrian -vehicular
conflict points should be controlled
(3) Connectivity. Wherever a proposed
through signalized intersections and
development abuts undeveloped land,
ADM 19-6724 Clean Version of Code Changes
street stub -outs shall be provided as
a minimum of 5 feet from the adjoining
deemed necessary by the Planning
property line, unless shared.
Commission to abutting properties or
to logically extend the street system.
(2) Separation for two (2) family, three (3)
family, multi -family and nonresidential
(4) Topography. Local streets should be
development.
designed to relate to the existing
topography and minimize the
(a) Principal and Minor Arterial
disturbance zone.
Streets. Where a street with a
lower functional classification
(5) Dead -End Streets. Dead end streets
exists that can be accessed, curb
are discouraged and should only be
cuts shall access onto those
used in situations where they are
streets. When necessary, curb
needed for design and development
cuts along arterial streets shall be
efficiency, reduction of necessary
shared between two (2) or more
street paving, or where proximity to
lots. Where a curb cut must
floodplains, creeks, difficult topography
access the arterial street, it shall
or existing barriers warrant their use.
be located a minimum of 250 feet
All dead end streets shall end in a cul-
from an intersection or driveway.
de -sac with a radius of 50 feet, or an
alternative design approved by the city
(b) Collector Streets. Curb cuts shall
and the Fire Department. The
be located a minimum of 100 feet
maximum length of a dead end street
from an intersection or driveway.
(without a street stub -out) shall be 500
When necessary, curb cuts along
feet.
collector streets shall be shared
between two or more lots.
(F) Access Management. Safe and adequate
vehicular, bicycle, and pedestrian access
(c) Local and Residential Streets.
shall be provided to all parcels. Local
Curb cuts shall be located
streets and driveways shall not detract from
minimum of 50 feet from an
the safety and efficiency of bordering
intersection or driveway. no
arterial routes. Property that fronts onto
case shall a curb cut be located
more than one public street shall place a
within the radius return of an
higher priority on accessing the street with
adjacent curb cut or intersection.
the lowest functional classification, ex. local
(3) Separation for Single -Family Homes.
and collector. In a case where the streets
have the same classification, access shall
(a) For all street classifications, curb
be from the lower volume street, or as
cuts shall be located a minimum
determined by the City Engineer.
of 10 feet from another driveway.
Driveways serving corner lots
(1) Curb Cut Separation. For purposes of
shall be located as far from the
determining curb cut or street access
street intersection as possible
separation, the separation distance
while still meeting a 5 -foot
shall be measured along the curb line
separation from an adjoining
from the edge of curb cut to the edge
property line. In no case shall a
of curb cut/intersection. The
curb cut be located within the
measurement begins at the point
radius of an adjacent curb cut or
where the curb cut and intersecting
street intersection.
street create a right angle, i.e., the
intersection of lines drawn from the
(b) Arterial and Collector Streets.
face -of -curb to face -of -curb. The
Individual curb cuts for along
measurement ends at the point along
arterial and collector streets shall
the street where the closest curb cut or
be discouraged. When necessary,
street intersection occurs; again,
curb cuts along arterial and
measured to the point where the curb
collector streets shall be shared
cut or intersecting streets create a
between two (2) or more lots.
right angle at the intersection of face-
(4) Reduction in separation distance. In
of -curb. In all cases curb cuts shall be
order to protect the ingress and egress
ADM 19-6724 Clean Version of Code Changes
access rights to a street of an abutting
property owner, the City Engineer may
reduce the separation distance of
existing and proposed access points
where strict compliance proves
impractical, provided that joint access
driveways and cross access
easements are provided wherever
feasible, and the ingress/egress curb
cut is placed at the safest functional
location along the property.
(5) Speed. All streets should be designed
to discourage excessive speeds.
(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 greater than
50% of the property's appraised
or market value as established by
the Washington County Assessor.
(c) As roadway improvements allow,
(d) With development of a new
primary structure on the property.
(H) Easements. Utility and drainage
easements shall be located along lot lines
and/or street right-of-way where necessary
to provide for utility lines and drainage. The
Planning Commission may require larger
easements for major utility lines, unusual
terrain or drainage problems.
RECEIVED Ordinance:6207
File Number: 2019-0359 .
AMEND CHAPTER 166.08,STREET DESIGN
AND ACCESS MANAGEMENT
AUG 0 1 2019 STANDARDS:
AN ORDINANCE TO AMEND CHAPTER
I\ORTHWEST ARKANSAS 166NA STREET DESIGNAD AND ACCESS
CITY C E •. F'CE MANAGEMENT STANDARDS OF THE
CITY CLERn�. CF FAYETTEVILLE UNIFIED DEVELOPMENT
Democrat 101 /�► � � � CODETO MODIFY THE APPLICABILITY,
'�`,it J�� ACCESS MANAGEMENT,AND
NONCONFORMING
ONFORMING ACCESS FEATURES
REGULATIONS TO REMOVE BARRIERS
THAT DISCOURAGE RENOVATION AND
IMPROVEMENT OF EXISTING
STRUCTURES
WHEREAS,certain access management
regulations in the Unified Development Code
are too strict and discourage renovations and
improvements of existing structures.
AFFIDAVIT OF PUBLICATION NOW,THEREFORE,BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
I Carla Gardner, do solemnlyswear that I am the Finance Director of the Sectionei s That anhe asy rebyce a thesCity of
Fayetteville,Arkansas hereby repeals
Northwest Arkansas Democrat-Gazette, printed and published in §166.08(C)and enacts a replacement§166.08(C)
as follows:
Washington County and Benton County, Arkansas, and of bona fide "Applicability.The standards set forth herein
shall apply to land which is proposed to be
circulation, that from my own personal knowledge and reference developed with new primary structures and all
to the files of said publication,the advertisement of: other developments where the creation of public
streets are required,or proposed,or in which
new or existing access is created or modified;or
CITY OF FAYETTEVILLE
developments or featuress meetg non-
the
conforming access features which meet the
Ord. 6207 thresholds set forth in subsection(G)."
Section 2:That the City Council of the City of
Fayetteville,Arkansas hereby repeals
§166.08(FX4)and enacts a replacement
§166.08(FX4)as follows:
"Reduction in separation distance.In order to
Was inserted in the Regular Edition on: protect the ingress and egress access rights to a
street of an abutting property owner,the City
Engineer may reduce the separation distance of
July 25, 2019 existing and proposed access points where strict
compliance proves impractical,provided that
joint access driveways and cross access
Publication Charges: 150.80 easements are provided wherever feasible,and
g the ingress/egress curb cut is placed at the safest
functional location along the property."
Section 3:That the City Council of the City of
0. 1k--airt-9 Fayetteville,Arkansas hereby strikes"or
improvements"from§166.08(GXl)(b).
i Section 4:That the City Council of the City of
Cara Gardner Fayetteville,Arkansas hereby enacts a new
§166.08(G)(1)(d),which will add a condition
requiring an existing nonconforming access
feature to be brought into compliance,as
follows:
"(d)With development of a new primary
Subscribed and sworn to before me structure on the property."
This 2-(.0 day of 2019. PASSED and APPROVED on 7/16/2019 '
Approved:
Lioneld Jordan,Mayor
Attest:
Sondra E.Smith,City Clerk Treasurer
6 75020703 July 25,2019
'c N (�'jf
Notary Pub
My Commission Expires: Z/ ! ,, A ;�, ,
CATHY WILES
Arkansas-Benton County
Notary Public-Comm# 12397118
My Commission Expires Feb 20,2024
f_.-_
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.